Planning Applications Report

Planning and Highways Committee

13 December 2007

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

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

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

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

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

The following abbreviations are used within this report: -

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

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

2 INDEX

Ref. No Page Item Ward Location

78646/07 7 1 BRAD 484 HOUGH FOLD WAY, TURTON, BOLTON, GREATER MANCHESTER, BL2 3PT

78668/07 15 2 BRCR 49 HIGHER DUNSCAR, EGERTON, BOLTON, GREATER MANCHESTER, BL7 9TF

78572/07 21 3 CROM LAND AT WATERSMEETING ROAD/EAGLEY BROOK WAY, BOLTON, GREATER MANCHESTER

78497/07 31 4 CROM 68 BRIDGE STREET, BOLTON, GREATER MANCHESTER, BL1 2EF

78720/07 49 5 CROM 15 SLEDMERE CLOSE, BOLTON, GREATER MANCHESTER, BL1 8JP

78506/07 55 6 GRLE 1 BISHOPS CLOSE, BOLTON, GREATER MANCHESTER, BL3 2JF

78706/07 61 7 HELO 231 - 235 GREENMOUNT LANE, BOLTON, GREATER MANCHESTER, BL1 5JB

78093/07 77 8 HOBL LOSTOCK INDUSTRIAL ESTATE, LOSTOCK LANE, BOLTON.

78560/07 99 9 HONE LAND AT HORWICH MOOR, OFF MATCHMOOR LANE, HORWICH

77958/07 111 10 HONE PORTMAN MILL, TELFORD STREET, HORWICH, BOLTON, GREATER MANCHESTER, BL6 6DZ

78547/07 131 11 HULT 764 ST HELENS ROAD, BOLTON, GREATER MANCHESTER, BL5 1AF

78704/07 137 12 KEAR 51 HOLCOMBE CLOSE, KEARSLEY, BOLTON, GREATER MANCHESTER, BL4 8JU

78657/07 143 13 LLDL LITTLE LEVER SCHOOL, CHURCH STREET, LITTLE LEVER, BOLTON, GREATER MANCHESTER, BL3 1BT

77913/07 147 14 WESO LAND OFF LEIGH ROAD, FORMER GREENVALE WORKS, WESTHOUGHTON, BOLTON.

3 4

77912/07 169 15 WESO HOSKERS NOOK FARM, EATOCK WAY, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 2RB

78449/07 179 16 WNCM DUKE OF WELLINGTON, 60 ST JOHNS ROAD, BOLTON, GREATER MANCHESTER, BL6 4HA

78640/07 185 17 WNCM 692 CHORLEY ROAD, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 3NL

Date of Meeting: 13 December 2007 Item Number: 1

Application Reference: 78646/07

Type of Application: Full Planning Application Registration Date: 19/10/2007 Decision Due By: 14/12/2007 Responsible Jeanette Isherwood Officer:

Location: 484 HOUGH FOLD WAY, TURTON, BOLTON, GREATER MANCHESTER, BL2 3PT

Proposal: DEMOLITION OF PORCH & GARAGE AT SIDE & PORCH TO FRONT & ERECTION OF TWO STOREY EXTENSION TO SIDE WITH PORCH TO FRONT.

Ward: Bradshaw

Applicant: Mr D Fogg Agent : David H Hyland Design

Officers Report

Background This application was deferred at the last meeting to enable Members to visit the site.

Proposal A replacement porch and garage to the front and side projecting 3.6 metres forward of the main dwelling with the length of the garage being 6.5 metres is proposed. The rear of the garage is less than half way along the side elevation of the main dwelling.

Above the garage it is proposed to construct an additional bedroom and create an en-suite bathroom to the main bedroom in the original house. Windows are to face front and rear.

Overall the accommodation will be increased to a 4 bedroom house.

Site Characteristics The application site is a 1960s design detached two storey home. There is a slightly staggered front building line present on this side of Hough Fold Way. The application property is on a hill and is at a higher ground level than 482 Hough Fold Way. The area is predominantly residential and the majority of properties in the area are either two storey detached properties or bungalows.

Policy Unitary Development Plan 2005 D2 Design A5 Roads, Paths, Servicing and Car Parking A6 Maximum Car Parking Standards

Planning Control Policy Notes: No.2 - Space Around Dwellings, No.3 - House Extensions. 7

History Application 75755/06 for the demolition of garage and front and rear porches. Together with the erection of two storey extensions at the front side and rear incorporating a dormer in the front with a front porch was refused by Members at the meeting of 25/01/06 on the grounds that the proposed extensions would represent an overdevelopment of the site and would impact detrimentally on the outlook and living conditions of neighbouring residents at 482 and 486 Hough Fold Way. An appeal was lodged on 16/02/07 and was subsequently dismissed on 13/08/07. Application 74606/06 for the demolition of an existing garage and rear and front porch and erection of two storey side extension and single storey rear extension, together with a two storey extension to the front, was refused by Members at their meeting on 8/9/06 on the grounds that the development would have an undue impact on the living conditions of adjacent dwellings and would be out of character with the surrounding area. An earlier identical application was withdrawn by the Applicant in May 2006 (ref: 73760/06).

Technical Consultations None relevant.

Representations Letters:- one letter of objection has been received from the neighbour at 482 Hough Fold Way with the following concerns:-

1. The Planning Inspectorate stated that the side windows are not classed as main windows however 25% of windows to the property will receive restricted natural light and will be presented with a tall gable brick wall view every day. The loss of view and subsequent security offered by two windows that will be completely blocked by the development will affect my living conditions at 482 Hough Fold Way.

2. The proposed extension would be constructed closer than the existing garage and extend to two storeys. The resulting extended dwelling would have a “towering” effect and would have a domineering impact.

3. The projection forward of the building is twice that of the original garage and porch and there are no other properties nearby with such a protrusion. This could set a precedent in the street scene.

4. The proposed development would, by virtue of its proximity, extent, design and size, result in the extension being over dominant and overbearing by reason of loss of outlook to the detriment of my living conditions.

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.

8 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 this proposal are:

* impact on character and appearance of the area; * impact on living conditions of surrounding residents.

Impact on the Character and Appearance of the Area Policy D2 of the UDP seeks to ensure that proposals are compatible with or improve their surroundings in terms of layout, density, height, massing, architectural style and materials. The application property is of a 1960s design with one large window at the first floor on the front elevation. There is an existing adjoining side garage/porch and front porch which is to be demolished. This garage is to the side of the property and also extends out to the front of the property by 1.9 metres.

Properties on Hough Fold Way are of varying design, although the majority are 1960s detached two storey properties.

Hough Fold, opposite the site is a stone building and is Grade II Listed.

The properties on the south side of Hough Fold Way are set with a slight stagger to the building line, this reflects the line of the road at this point. Both adjacent properties (482 and 486) are on a slightly more forward building line than the application property. The ground floor of 486 is set 2 metres forward of the lounge of the application property. 482 Hough Fold Way is also set 2m further towards Hough Fold Way than the existing garage at 484. The buildings are therefore not positioned on a strict rigid front building line.

This proposal removes the significant rear extension and dormer from the previous application and in this case proposes only to continue with the replacement and extension to first floor over a new garage and front porch. This maintains the general appearance of the main part of the original dwelling whilst incorporating design elements which minimise the visual impact of the proposal to the front and reflect elements of design of other extensions nearby. It is considered that the projection forward of the main building, whilst being twice that of the original garage/porch, will not unduly detract from the appearance of the building, the immediate area or the amenities of the neighbouring dwellings due to the existing informal stagger in the layout of the dwellings.

There are a number of other properties on Hough Fold which have been extended at the front and side. Given the mixture of designs in the area and similarly implemented extensions at nearby properties, it is considered that the design of the proposal would not have an unacceptable impact on the character and appearance of the area and would not be contrary to Policy D2 of the UDP.

9 10 Impact on Living Conditions of Surrounding Residents It is considered that the front and side extensions are now of a design and scale so as not to unduly impact on the living conditions of the immediate neighbours as no main room main windows are directly impacted. Windows which face the side of the main garage and bedroom extension are considered not to be main rooms and therefore this element complies with policy. (This was referenced above in the Inspectors report on an earlier appeal).

Properties opposite are more than 30 metres from the proposed front extensions which is in excess of the 21m prescribed within PCPN2 "Space Around Dwellings" and PCPN3 "House Extensions".

Conclusion. In conclusion it is considered that the proposal, as now presented, would not have an unacceptable impact on the living conditions of adjoining residents nor have a detrimental impact on the street scene and character and appearance of the area. This application is therefore recommended for approval.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

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

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

Reason

To ensure adequate standards of privacy are obtained.

13 14

Date of Meeting: 13 December 2007 Item Number: 2

Application Reference: 78668/07

Type of Application: Full Planning Application Registration Date: 23/10/2007 Decision Due By: 18/12/2007 Responsible Pat Naylor Officer:

Location: 49 HIGHER DUNSCAR, EGERTON, BOLTON, GREATER MANCHESTER, BL7 9TF

Proposal: RAISING OF ROOF TO PROVIDE DORMERS IN REAR ELEVATION

Ward: Bromley Cross

Applicant: Mr King Agent : Newhey Loft Conversions

Officers Report

Proposal The proposal is to raise the height of the existing roof from 4.8 metres measured from ground level to 6.2 metres, to accommodate a rear dormer.

Site Characteristics This is a middle detached bungalow within a row of three built with a lower ground floor garage. The dwellings are built in a staggered formation and a stepped roof line with the neighbouring properties. The ground level gradually descends to the south west which then levels off.

Policy UDP; D2 Design

PCPN; No.2 Space around dwellings No.3 House Extensions

Representations Letters:- three letters have been received objecting on the grounds of:

* Proposed dormer will be dominant and create overlooking thereby loss of privacy. * Raising of the roof would be to the detriment of the character of the area. * Loss of light and privacy into neighbouring properties either side. * Destroy original design of dwelling as original built.

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

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

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

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

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

The main impacts of the proposal are:

* Impact on the character of the area * Impact on the living conditions on the neighbouring properties.

Impact on the character of the area PCPN3 on House Extensions states that the increase in the roof height of dwellings may not unduly affect the street scene if there is a difference in levels of existing roof lines or ground levels in the street. The property is on a higher ground level to one neighbouring property and a lower ground level to the other. The increase of 1.4 metres in the height of existing roof would still maintain the stepped roof line, particularly when viewed from the front, which is the more important elevation when retaining the characteristics of the street scene. The proposal would incorporate the insertion of four velux windows on the front plane of the roof, however, it is not considered that the windows would be to the detriment of the street scene.

Impact on the living conditions on the neighbouring property The distance from the proposed rear dormer to the rear of 53 Higher Dunscar, which is sited at right angles, is approximately 26 metres. PCPN2 on Space Around Dwellings requires a minimum distance of 17 metres where principal windows do not directly overlook each other. This distance therefore accords with policy. Due to the siting and relationship between 49 and 51 Higher Dunscar, it is not considered that the raising of the roof or the proposed dormer would create any overlooking into the neighbouring dwelling.

47 Higher Dunscar is sited on a higher ground level and has a second sitting room window (at the time of viewing) nearest to the shared boundary at first floor level. As this dwelling is on a higher level, the line of sight from the neighbouring sitting room window would be to the side cheek of the proposed dormer and the side elevation of the additional height of the roof. As there are no other extensions or brick work above the proposal and the neighbouring window, this is comparable to a single storey extension when assessing the impact on the neighbouring dwelling. A 45 degree angle should therefore be applied when determining the impact on the neighbours line of sight from a principal room window. However, the neighbouring window is not considered to serve a principal room and

16 therefore the erection of the rear dormer together with the increase in the roof is considered to be in accordance with policy.

The erection of the proposed dormer would not exceed two thirds of the roof plane, which complies with policy.

Conclusion The increase in the roof height of 1.4 metres would still maintain the stepped roof lines with the neighbouring property and therefore the character of the street scene would not be compromised. Although the proposed dormer and additional height in the roof would be viewed from the nearest window at 47 Higher Dunscar, this window does not serve a principal room. It is recommended that the application be approved.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

Reason

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

3. The dormer front(s) and cheeks shall be clad in tiles to match those of the existing roof.

Reason

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

19 20

Date of Meeting: 13 December 2007 Item Number: 3

Application Reference: 78572/07

Type of Application: Full Planning Application Registration Date: 24/10/2007 Decision Due By: 23/01/2008 Responsible Jodie Turton Officer:

Location: LAND AT WATERSMEETING ROAD/EAGLEY BROOK WAY, BOLTON, GREATER MANCHESTER

Proposal: ERECTION OF TWO BUILDINGS COMPRISING 44 APARTMENTS

Ward: Crompton

Applicant: David McLean Homes Ltd Agent :

Officers Report

Proposal This application proposes the erection of two buildings comprising 44 apartments. The site has extant permission for seven apartment buildings (70243/05), three of which have been built. This application refers to buildings 4 and 5 as already approved and proposes amendments to these buildings as follows;

Building 4 is to be reduced from 20 units to 12 units and consequently also reduced from 4 storeys to 3. Building 5 is to be increased from 24 units to 32 however it will remain a 4 storey building. Overall there will be no change in the total number of apartments comprising the whole development and therefore there are no implications on the commuted sums calculated under the original approval for which the monies have already been paid in full.

Site Characteristics The application site was formally part of the large Waters Meeting industrial area within the Tonge Valley. The application site is surrounded by a mix of uses with commercial and leisure uses to the north, residential and industrial to the west and north/west respectively with open space and industrial development to the south and east.

The site is bound by two rivers, Eagley Brook to the north and the River Tonge to the west. An embankment abuts the site to the east which rises up to higher land beyond. The site is now partially developed with three of the seven apartment buildings approved under application 70243/05 having been constructed and currently being marketed with some units occupied.

Policy PPS1 Delivering Sustainable Development PPG3 Housing PPG13 Transport

21 Regional Spatial Strategy for the North West of England

Unitary Development Plan 2005: D1 Design and Built Environment D2 Design D3 Landscaping A5 Roads, Paths, Servicing and Car Parking H3 Determining Housing Applications H5 Net Site Density

Supplementary Planning Guidance: PCPN21 Highway Considerations PCPN27 Housing Development

History Planning permission was granted in August 2005 for the demolition of all buildings and the erection of 156 apartments within 7 buildings together with 242 parking spaces and associated works (70243/05).

Outline planning permission was granted in February 2004 for 128 2-bedroomed apartments, together with access roads and infilling of reservoirs (65545/04).

An outline application was refused in February 2003 for the erection of 92 dwellings - means of access details only (63237/02).

An outline application was withdrawn in April 2000 for the erection of a mixed-use retail, leisure and tourism development comprising designer retail village, restaurant, public house, museum, 21st century mill and bowling alley (52864/98).

An outline application was approved in October 1995 for a mixed use development incorporating business, leisure, hotel, restaurant/pub, craft village and ancillary housing to the leisure and retail units (47270/95).

Technical Consultations Bolton Council - Highway Engineers:- raise no objections due to there being no increase in the number of apartments.

Bolton Council - Environmental Health Officers:- raise no objections.

Bolton Council - Landscape Architects:- raise no objections, a landscape plan has been approved for the previous application (70243/05) and this is considered acceptable for this application.

Greater Manchester Police - Crime Prevention Officers:- raise no objections.

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

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

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

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

The main impacts of the proposal are:-

* impact on urban regeneration * impact on design and character of the area * impact on the highway

Impact on Urban Regeneration The extant consent establishes the principle of residential development on this site and the key areas and tests set down by National and Regional policy in PPS3 and RSS, together with the local policies, are not compromised by this variation in the erection of the 2 remaining apartment blocks.

Impact on Design and Character of the Area The overall design of the buildings is very similar to those already approved. it is considered that the reduction in height to three storeys of building 4 represents an improvement as it will appear less monolithic. The two entrances to the building are clearly marked by projecting entrance features at ground floor level and large glazed sections at first and second floor. Juliet balconies add interest to the fenestration.

Building 5 remains four storeys, the addition numbers are achieved through alterations to the internal layout and changes in the composition of apartments, with a much larger proportion of one-bedroom units:

Building 5 Original Scheme (70243/05) Current Application 1 Bed 4 22 2 Bed 16 10 3 Bed 4 0

This has resulted in the external design being minimally altered however, the design and appearance consistent with the overall development.

A landscape plan submitted for the previous planning permission has been approved by the Council's Landscape and Design section, this is considered relevant to this application and a condition will be placed on the planning permission relating to this.

23 The proposal complies with UDP policies D1, D2 and D3.

Impact on the Highway The current application reflects the highway layout and servicing/parking arrangements already approved and the Council's Highway Engineers have raised no objections to the proposal.

Conclusion The application for two apartment buildings comprising 44 apartments does not have any greater impact than the existing approval (70243/05). The material difference between the two schemes is the reduction in height of Building 4 from four to three storeys and the increase in the number of one-bedroom units at the site. The overall design is very similar to the existing approval. There will be no impact on the highway or car parking as the number of apartments and car parking spaces are to remain the same. The proposal complies with policy and is therefore recommended for approval.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

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

3. Trees and shrubs shall be planted on the site in accordance with the submitted/approved landscape scheme (plan no. M306/01C planning permission 70243/05). 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.

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

Reason

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

5. Prior to the commencement of the development full details of the proposed final treatment and maintenance for those areas forming the curtilage to the approved apartments/dwellings (Buildings 4 & 5) marked in blue on the plan attached to this permission shall be submitted to and approved by the Local Planning Authority. The approved maintenance scheme shall include details of the contract and an annual maintenance regime for those areas. The approved final treatment scheme shall be implemented in full prior to the date of first occupation of forty per centum of any of the apartments/dwellings hereby approved/permitted to which those areas relate and unless otherwise agreed in writing with the Local Planning Authority maintained thereafter in accordance with the approved scheme.

Reason

To safeguard the setting of the development within the landscape of the area as responsibility for maintenance of the areas allocated is to remain with the Applicant.

6. No development approved by this permission shall be commenced until details of the existing and proposed floor levels have been submitted and approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved details.

Reason

To ensure that the development is subject to minimum risk of flooding.

27 28 29 30

Date of Meeting: 13 December 2007 Item Number: 4

Application Reference: 78497/07

Type of Application: Full Planning Application Registration Date: 21/09/2007 Decision Due By: 21/12/2007 Responsible Martin Mansell Officer:

Location: 68 BRIDGE STREET, BOLTON, GREATER MANCHESTER, BL1 2EF

Proposal: DEMOLITION OF BUILDING AND ERECTION OF 5 STOREY BUILDING COMPRISING 19 RESIDENTIAL UNITS AND 3 RETAIL UNITS (CLASS A1). (GROUND FLOOR RETAIL, 3 FLOORS ACCOMMODATION AND ATTIC).

Ward: Crompton

Applicant: Emolior Investments LLP Agent : Bradshaw Gass & Hope

Officers Report

Background This application was deferred at the last meeting to allow for consideration of noise alleviation matters.

Proposal The Applicant proposes to demolish the existing single storey retail buildings at the site and erect a five storey building comprising three ground floor Class A1 shop units with nineteen apartments over. Pedestrian access to the apartments would be taken from St. Georges Street, together with vehicular access to the rear service yard.

This proposal is, in essence, an amendment to a previously approved scheme at this site. Planning permission for the demolition of the existing single storey retail buildings at the site and the erection of a five storey building comprising three ground floor Class A1 shop units with seven apartments over was approved in July 2006. This proposal would not make any significant changes to the approved elevations, other than revised window designs, but would increase the number of units by 12 from 7 to 19. The footprint and envelope of the building would remain as approved.

Conservation Area Consent to demolish the existing buildings has already been granted.

Site Characteristics The site is located within the Deansgate Conservation Area at a prominent position at the junction of St. Georges Street, St Georges Road and Bridge Street. To the north lies the Stanley Casino, a Listed Building, and to the north west lies the offices of the Prescription Pricing Authority. To the west is the Ikon Nightclub and the shops and offices of Bridge Street and Bark Street East are located to the south.

The site lies within the Evening Economy Area.

Policy PPS1 Delivering Sustainable Development PPG3 Housing PPG15 Planning and the Historic Environment PPG24 Planning and Noise

UDP Policies EM2 Incompatible Uses, EM3 Pollution, D2 Design, D9 Shopfronts in Conservation Areas, D7 Conservation Areas, A5 Roads, Paths, Servicing and Car Parking, H3 Housing, TC1 Town Centres, TC2 Town Centre Living.

PCPN2 Space Around Dwellings, PCPN4 Shopfronts, PCPN19 Conservation Areas, PCPN27 Housing Development.

Deansgate Conservation Area Character Assessment.

Bolton Council's Public Realm Implementation Framework

History Planning permission for the demolition of the existing single storey retail buildings at the site and the erection of a five storey building comprising three ground floor Class A1 shop units with seven apartments over was approved in July 2006 under reference 73878/06.

An Application for Conservation Area Consent to demolish the existing buildings at the site was approved in July 2006 under reference 74059/06.

Technical Consultations Bolton Council - Highway Engineers:- raise no objection in principle. Details of the service yard and bin store are required. Improved visibility at the St. Georges Street access is also required.

Bolton Council - Environmental Health Officers:- find the proposal undesirable due the proximity of hot food takeaways and the Ikon Nightclub. If Members are minded to approve the proposal, a number of conditions are recommended to minimize the impact on future occupiers.

Bolton Council - Conservation and Urban Design Officers:- the scheme has the support of the Council's Conservation and Urban Design Officer.

Greater Manchester Police - Crime Prevention Officers:- question whether residential use is appropriate in this location. There is a strong likelihood of noise and disturbance emanating from the nightclub opposite, and other late night premises in the vicinity, as customers enter and leave the premises and make their way home or wait for transport. Residents may be inclined to seek assistance from the Police to control any disturbances and, whilst it is right that they can call on Police assistance, it begs the question is it right to locate 2 very conflicting uses in such close proximity knowing the that there is a high probability of disturbance to prospective residents/tenants.

32 In a response to a previous consultation on application 73878/06, Greater Manchester Police did not object in principle, but recommended an entry phone system, laminated glass and internal shutters. This advice will be communicated to the Applicant via an informative note.

Representations Letters:- one letter of objection has been received from Luminar Leisure Limited who operate the Ikon Nightclub premises to the west of the site. The grounds of objection are that there will be a significant conflict between late night activities at nightclub which will prejudice the living conditions of future residents of the apartments. A noise survey has not been submitted and therefore any methods of noise protection cannot be properly assessed.

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

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

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

The main impacts of the proposal are:-

* impact on urban regeneration * impact on the character and appearance of the area * impact on the living conditions of future occupiers * impact on the road network * impact on the public realm

Impact on Urban Regeneration National policy on residential development is contained in PPG3 Housing. In order to promote more sustainable patterns of development, PPG3 makes it clear that the focus for additional housing should be existing towns and urban areas. It is important that new housing is located where it is accessible to jobs, shops and services by modes of transport other than the car. The inefficient use of land should be avoided and to this end maximum use should be made of previously developed land. UDP Policy H3 and PCPN 27 Housing are reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPG3. UDP Policy TC2 encourages Town Centre living.

The site is previously developed and located within Bolton Town Centre. It is a highly sustainable location, well related to services, employment opportunities and public transport nodes. For this reason, UDP Policy TC2 encourages proposals for Town Centre living. Proposals such as this are considered to form an efficient use of land, encourage urban

33 regeneration and contribute to Town Centre vitality and viability by adding to the range of uses.

The proposal is considered to have a positive impact on urban regeneration.

Impact on the Character and Appearance of the Area UDP Policy D2 encourages development which contributes to good urban design. Policy D7, together with PCPN19, seeks to ensure that new development preserves or enhances the character of Conservation Areas. Policy D9, together with PCPN4, seeks to ensure that new shopfronts be of a high standard of design and use appropriate materials.

This junction is dominated by the scale of the other buildings that form its corners, in particular the five-storey offices of the Prescription Pricing Authority. It is considered that the scale of the building proposed will be successfully integrated into the street scene, complementing the scale and dominance of the surrounding buildings.

The design of the new building is considered to be compatible with its surroundings. The ground floor shopfronts are of a traditional design with a stall-riser, fascia, corbels and pilasters breaking up the expanses of glass. The window proportions are appropriate with the main elevation being broken up by an alternating rhythm of narrow windows and larger main windows with balconies. Use is made of the roof space for living accommodation with arched dormer windows providing light and outlook. This maximises the efficiency of the building for habitable space whilst keeping to an appropriate scale.

The building is considered to enhance the character and appearance of the Deansgate Conservation Area.

Impact on the Living Conditions of Future Occupiers UDP Policy EM2 seeks to avoid the siting of noise sensitive development close to existing uses which generate noise. UDP Policy TC2 promotes town centre living.

The proposed retail / residential development is sited directly opposite the Ikon Nightclub in one of the busiest parts of the Evening Economy Corridor. At peak times, the area remains lively until the early hours, with people arriving at and leaving the nightclub, and making use of the nearby hot food takeaways and taxi ranks.

However, the Council also has a policy of diversifying uses in the Town Centre, and encouraging residential use in particular as being part of an appropriate range of uses. Despite the absence of a noise survey, potential future occupiers will be aware of the surrounding environment when deciding on whether to live in this location and may choose this area as part of a lifestyle choice. Appropriate measures such as window treatments can be conditioned to reduce the impact of the nearby uses.

The comments of Greater Manchester Police are noted, but conflict with previous advice from a different officer which was provided following a consultation on the extant permission. The site benefits from a valid consent for residential development which is capable of implementation, and therefore comments relating to the principle of the scheme are outweighed by the fallback position.

It is considered that the policy conflict between avoiding incompatible uses and encouraging Town Centre living should be resolved in favour of allowing the residential use of the site in this case.

Impact on the Road Network UDP policy A5 requires new development to make appropriate provision for roads, paths, servicing and car parking.

It is anticipated however that the rear service area would instead be used for servicing the retail uses, rather than residential parking. However, due to the excellent location of the site in relation to public transport links, employment opportunities and other services, this is not considered to conflict with the policy. The Council's Highway Engineers have not objected to the parking provision, and therefore this is considered to be acceptable.

Conditions will be imposed requiring improvements to the access point and the visibility at the corner of the site.

The proposal is considered to comply with policies relating to the road network.

Impact on the Public Realm The Council has adopted a Public Realm Implementation Framework, the purpose of which is to create a town centre that will attract investment and that people will be happy and proud to use. Amongst its objectives are to ensure consistency of design and quality in the creation of the public realm, create a more functional and pedestrian friendly environment and to channel public realm investment effectively.

The proposed residential scheme is for over 15 units and therefore entails a requirement for a contribution towards affordable housing, in accordance with national policy contained within PPS3 Housing. However, in town centre locations, applicants are instead encouraged as a priority to make a contribution to improving the public realm in the vicinity of the application site.

The applicant has agreed to make a contribution of £800 per dwelling.

Conclusion The proposal is considered to make a positive contribution to the mix of uses in the town centre and to the street scene and will significantly enhance the character and appearance of the Deansgate Conservation Area. Subject to appropriate conditions, the conflict with Evening Economy uses is not considered to outweigh the benefits of the scheme.

The site benefits from an extant permission for the erection of a five storey building of similar design. The slight changes in design, and the increase in numbers is not considered to bring the proposal into conflict with any other policies.

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 roofs have been submitted to and approved in writing by the Local Planning Authority.

Reason

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

3. The mullions, cills and heads to the window and external doors of the development shall be stone of a colour and texture to be approved prior to commencement.

Reason

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

4. No development shall take place unless or until arrangements for the implementation of a programme of archaeological work in accordance with a written scheme of investigation which will include provision for proposed action to be taken should archaeological finds be present and may also include:

(i) archaeological building survey including historical analysis; (ii) watching brief; (iii) trial trenches; (iv) site survey; and (v) access to the site at all reasonable times to any archaeologist nominated by the Local Planning Authority, who shall be allowed to observe the excavations and record items of interest and finds.

has been submitted to the Local Planning Authority for approval. All development shall be carried out in full accordance with the approved programme of archaeological work and written scheme of investigation.

Reason

To safeguard any archaeological works or buildings which may be present.

5. Roller shutters and their boxes shall be sited internally and be of an open grille design, details of which, (including their colour) shall be submitted to and approved by the Local Planning Authority before development commences. The shutters and their boxes shall then be installed, painted and treated in accordance with the approved details within 14 days of its installation, and retained so coloured thereafter.

Reason

In the interests of reducing crime and the fear of crime and to ensure the development safeguards the character and visual appearance of the locality.

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

36 which shall thereafter be retained.

Reason

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

7. All rainwater goods to the building(s) shall be coloured black within 28 days of their installation and kept so coloured.

Reason

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

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

Reason

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

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 and the living conditions of nearby residents.

10. Before development commences details of all external lighting equipment shall be submitted to and approved by the Local Planning Authority. The lighting in the scheme should be erected, directed and shielded so as to avoid nuisance to residential accommodation in close proximity. The lighting should be designed to provide a standard maintained illumination (LUX) as measured at the nearest residential properties affected, of between 5 and 20 LUX with the lower level being the preferable one. No other lighting equipment may then be used within the development other than as approved by the Local Planning Authority.

Reason

To safeguard the amenity and character of the area and to safeguard the living conditions of future residents.

11. Before development commences details of the materials to be used to clad the dormers shall be agreed in writing by the Local Planning Authority, and the dormers shall then be constructed in accordance with the agreed details.

Reason

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

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

Reason

In the interests of highway safety.

37 13. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 2.4 metres is provided at the junction of the St.Georges Street access with the back of the 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.

14. No development shall commence unless and until full details of the setting back of the front elevation to the corner of Bridge Street and St. Georges Street as shown on the attached plan together with revised elevations have been submitted to and approved by the Local Planning Authority and the development shall then be implemented in full accordance with the approved details.

Reason

In the interests of highway safety and to secure amended elevations.

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

38 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.

16. The windows of all habitable rooms shall be acoustically dual glazed to the standards of the Noise Insulation Regulations 1975 (as amended). An alternative would be to install sealed double glazed units comprising glass of 10mm and laminated 6.4 mm with a 12 mm air gap. The unit shall be installed in accordance with the manufacturers recommendations to avoid air gaps when fitting the frames. Alternative means of ventilation, which must be sound attenuated, shall be provided.

Reason

To safeguard the living conditions of prospective residents.

17. The ground floor premises shall be used for A1 retail purposes and for no other purpose.

Reason

For the avoidance of doubt as to what is permitted.

18. No deliveries shall be taken at or dispatched from the site except between the hours of 08:00hrs and 18:00hrs Mondays to Saturday, and 10:00hrs and 17:00hrs Sundays or Bank Holidays.

Reason

To safeguard the living conditions of future residents particularly with regard to noise and/or disturbance.

19. 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.

20. No development shall commence unless or until a scheme for the facilitation of fascia advertisements has been submitted to and approved by the Local Planning Authority and such a scheme as approved shall be implemented in full as part of the development hereby approved.

Reason

To ensure sufficient provision for appropriate fascia advertisements.

21. 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.

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

Reason

To encourage cycle use and provide adequate facilities for cyclists.

23. 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 satellite dish shall be erected on, or placed within the curtilage of, the dwellings hereby approved/permitted.

Reason

The cumulative provision of satellite dishes would be detrimental to the character and appearance of the development.

24. Notwithstanding the Town and Country Planning (General Permitted Development) Order 1995 (as amended) and the Town and Country Planning (Control of Advertisements) Regulations 1992, prior to first occupation of any of the development hereby approved/permitted a tenant's handbook detailing guidance for all works affecting the external appearance of the buildings including the following:

(i) new shop fronts, including any canopies; (ii) all externally mounted or externally visible advertisements; (iii) security measures including externally mounted alarms and roller shutters (which shall be internally mounted and of perforated design) (iv) satellite dishes and other externally mounted communications equipment; (v) externally mounted extraction/filtration equipment including flues and air conditioning louvres; (vi) external lighting; (vii) externally mounted CCTV

shall be submitted to and approved by the Local Planning Authority. All subsequent works including alterations, advertisements, lighting, repairs and changes to shop fronts, shall thereafter be in full accordance with the approved tenant's handbook, unless otherwise agreed in writing by the Local Planning Authority.

Reason

To ensure that the character and appearance of the development is safeguarded.

25. All cooling, air conditioning, ventilation and refrigeration plant requires to be designed to prevent noise disturbance to local residential property and should be designed to give a rating level, as defined in BS 4142:1997, 5dB below the night time LAF90(5 min) as measured 4 metres from the nearest residential properties. The monitoring information and the acoustic calculations together with the proposed plant and any attenuation required should be submitted to the Local Planning Authority for their approval prior to the commencement of installation.

Reason

To safeguard the living conditions of residents particularly with regard to noise.

26. Prior to first occupation a scheme to provide on-site security comprising car park barrier controls and accessed controlled doors within the development proposals including location and design shall be

40 submitted to and approved by the Local Planning Authority. Such a scheme as approved shall be implemented in full prior to first occupation of any of the development or in accordance with the approved phasing plan and retained thereafter.

Reason

To reduce the risk of crime.

27. No development shall be commenced unless and until full details of the provision of a scheme of public realm works has been submitted to and approved in writing by the Local Planning Authority. This scheme shall be implemented entirely in accordance with the approved details prior to first occupation of the building and be so retained thereafter.

Reason

To enhance the character and appearance of the area.

43 44 45 46 47 48

Date of Meeting: 13 December 2007 Item Number: 5

Application Reference: 78720/07

Type of Application: Full Planning Application Registration Date: 30/10/2007 Decision Due By: 25/12/2007 Responsible Pat Naylor Officer:

Location: 15 SLEDMERE CLOSE, BOLTON, GREATER MANCHESTER, BL1 8JP

Proposal: ERECTION OF A TWO STOREY EXTENSION AT FRONT AND SINGLE STOREY EXTENSION TO REAR.

Ward: Crompton

Applicant: Mr Mohamed Agent :

Officers Report

Background This application was deferred at the last meeting to enable Members to visit the site.

Proposal This application is to erect a two storey extension at the front measuring 4 metres long and spanning the full width of the dwelling and also a single storey extension at the rear measuring 3.5 metres long.

Site Characteristics This is a mid town house overlooking a primary school at the rear. The adjoining dwelling at 17 Sledmere Close has erected a two storey front extension at 4 metres long and a single storey extension at the rear. There is also another single storey rear extension at 11 Sledmere Close and a two storey extension across half the width at 23 Sledmere Close.

History This application is a resubmission from a previous application which was refused at Committee; reference 78407/07. This application was to erect a two storey front extension at 4 metres long and a two storey rear extension. One objection from the neighbour at 13 Sledmere Close was received objecting to the front extension.

Policy UDP; D2 Design

PCPN; No.3 House Extensions

Representations Letters:- Letters to neighbours sent out 23rd November advising of amendment however 10 days consultation period expires after Committee date (3rd December). As neighbour at 49 13 Sledmere Close objected to the 4 metres extension on the original application, it is assumed an objection would be raised to the amendment.

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.

Main impacts of the proposal are: * impact on the neighbouring property

Impact on the Neighbouring Property The reduction of the two storey extension at the front from 4 metes to 3 metres long would satisfy the neighbouring occupant, who considered on the previous application that a 4 metre long two storey extension at the front would impact on his outlook and loss of light. Although the neighbouring property at 17 Sledmere Close has erected a two storey extension at 4 metres long, the applicant has not now reduced the front extension to 3 metres to take into consideration the neighbours comments. Given the current climate in the housing market, Members are generally supportive of two storey extensions on town houses and therefore the length of this extension is in line with previous approvals on this type of property. The proposed single storey extension at the rear would match the existing extension at 17 Sledmere Close with regards to length and design. This would retain the characteristics of the rear elevation.

Although the proposed front extension would remove the allocated parking space, a precedent has been set of which future extensions on neighbouring properties would be difficult to resist on the grounds of loss of parking.

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.

50 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.

Reason

To ensure adequate standards of privacy are obtained.

53 54

Date of Meeting: 13 December 2007 Item Number: 6

Application Reference: 78506/07

Type of Application: Full Planning Application Registration Date: 28/09/2007 Decision Due By: 23/11/2007 Responsible Jeanette Isherwood Officer:

Location: 1 BISHOPS CLOSE, BOLTON, GREATER MANCHESTER, BL3 2JF

Proposal: DEMOLITION OF EXISTING FRONT PORCH AND ERECTION OF PART SINGLE/PART FIRST FLOOR SIDE EXTENSION TOGETHER WITH FRONT PORCH

Ward: Great Lever

Applicant: Mr A Ali Agent : Mr S Saund

Officers Report

Proposal The application proposes erection of a part single/part two storey extension at the side with the erection of a front porch. The two storey side extension will be 6.5 metres long, not extending to the rear elevation. The single storey extension will run from the rear of the two storey 2.6 metres long. The front porch will be the same length as the existing front porch at 1.5 metres but will be full width of the property.

Site Characteristics This is a semi detached property situated at the entrance to a small-cul-de-sac. The front of the property overlooks open land. The property has an existing terraced area over the garage that would be replaced by the proposals.

The rear of 29 Bishops Road faces the gable elevation of 1 Bishops Close and consequently the proposed extensions. No. 29 Bishops Road is a bungalow with a single storey rear extension up to the boundary with 1 Bishops Close. There are two obscure glazed windows in the rear elevation nearest to the proposed extension with 2 principle windows further along the rear elevation. The party boundary between the application property and 29 Bishops Road is formed by a timber panel and concrete post fence approximately 1.8 metres high.

Policy UDP D2 PCPN3 PCPN2

Representations Letters:- one letter of objection has been received from the adjacent neighbour at 29 Bishops Road. Their concerns are outlined below:-

• The extension will appear dominant. 55 • The extension will block sunlight to the rear. • The extension will result in a loss of privacy.

Elected Members:- Cllr Ayub has requested this application be brought before Committee.

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

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

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

The main impacts of the proposal are:

*Impact on the living conditions of the neighbouring residents; *Impact on the character of the area;

Impact On The Living Conditions Of The Neighbouring Residents. 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. The two storey element of the extension will not directly face the two main windows in 29 Bishops Road however the height and the proximity of the extension is considered to be over dominant and would unduly impact on the living conditions of 2 Bishops Road in that it would significantly overshadow that property and in particular the rear facing windows and the main enclosed outdoor space.

The single storey element of the proposal will directly face the main windows of 29 Bishops Road however the application has been amended, lowering the side elevations to an approximate equal height to the party boundary and sloping the roof away from the adjacent property. These changes are thought to lessen the impact of this extension on 29.

The proposed front porch will have no impact on the adjacent property.

Impact On The Character Of The Area. The proposed extension due to its siting is not considered to unduly impact on the visual amenity of the site and its surroundings as it is compatible with the host building and the general street scene.

56 Conclusion Although the proposal has been amended to reduce the height of the single storey extension the impact of the proposed two storey extension on the adjacent neighbour at 29 Bishops Road is considered unacceptable in that due to the height, massing and location in relation 29 it is considered overbearing and over dominant when viewed from the neighbouring dwelling to the detriment of its living conditions.

Members are accordingly recommended advised to refuse the application.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed extension would, by virtue of its design, height and siting would impact detrimentally on the outlook and living conditions of neighbouring residents at 29 Bishops Road and is contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

59 60

Date of Meeting: 13 December 2007 Item Number: 7

Application Reference: 78706/07

Type of Application: Full Planning Application Registration Date: 29/10/2007 Decision Due By: 24/12/2007 Responsible Andrew McGlone Officer:

Location: 231 - 235 GREENMOUNT LANE, BOLTON, GREATER MANCHESTER, BL1 5JB

Proposal: DEMOLITION OF 2 PROPERTIES AND ERECTION OF 4 DETACHED DWELLINGS WITH ASSOCIATED WORKS (AMENDMENT OF HOUSE TYPES)

Ward: Heaton and Lostock

Applicant: Charles Topham Projects Ltd Agent :

Officers Report

Proposal Permission is sought to demolish 231 and 233 Greenmount Lane and replace them with four detached houses. As per the previous approval No.235 Greenmount Lane is to be retained. Access into the development would be via a widened access currently serving 233 Greenmount Lane. A double garage is proposed for each new dwelling.

Members are advised that this scheme, in terms of numbers and building siting and footprint, is identical to the one approved at the 15th June Committee, the changes proposed relate to the design and internal configuration of the new houses. Internally each house replicates the approved scheme with a kitchen, dining room, living room and drawing room occupying the ground floor with three bedrooms on the first and two further bedrooms in the roof space. Some re-configuration has taken place on the ground floor for plot 3 whilst on all four plots the first floor main bathroom has been replaced by a study at first floor level and en-suite bathrooms have been reduced in size to ensure one per room.

Site Characteristics The site comprises the rear garden of 235 Greenmount Lane and the sites of no.’s 231 and 233 Greenmount Lane. Some trees on or overhanging the site are subject to a Tree Preservation Order. The character of the surrounding area is predominately residential and contains house designs typical of Heaton.

Policy National Policy PPS1 Delivering Sustainable Development; PPS3 Housing

UDP Policy A5 Roads, Paths, Servicing and Car Parking; A6 Car Parking Standards; D2 Design; H3 Housing; N7 Trees and Woodlands; N8 Protected Trees

61 PCPN2 Space around Dwellings, PCPN21 Highway Considerations, and PCPN27 Housing

History Application 78606/07 is currently being considered by the Council.

Planning permission 76871/07 was approved subject to condition in June 2007 for the demolition of two houses together with the erection of four dwellings and associated garages.

Application 76054/06 was refused in February 2007 for the erection of four detached houses together with building comprising two flats. Reasons for this decision were that the proposal represented an over development resulting in a loss of privacy and amenity for neighbouring occupiers.

An application for the demolition of 231 and 233 Greenmount Lane and the erection of seven detached houses and one apartment over a garage was withdrawn by the Applicant in June 2006. (744133/06)

Planning permission 72407/05 for the demolition of 231 and 233 Greenmount Lane and the erection of 5 detached houses and associated garages was refused in January 2006 as it represented over development and the loss of privacy and amenity of neighbouring occupiers. Also the proposal would be contrary to policies N7 and N8.

Technical Consultations Bolton Council - Highway Engineers - a foot way must be provided with the private road in order to give a pedestrian link from Greenmount Lane to the development. The developer needs to implement traffic calming within the locality and this is likely to have a value of £6,000, secured by a Section 278 Highway Agreement. Details of the traffic calming will be secured by condition.

Bolton Council - Environmental Health Officers – do not raise objection to the proposal however recommend the inclusion of a condition to cover for the eventuality of finding contamination.

Bolton Council - Tree and Woodland Officers – the revised house types has not had any significant impact on the trees and as such there are no objections to the proposals.

Bolton Council – Design and Conservation Officer – in principle the design changes are welcome, it is much more interesting and aesthetically attractive and the use of timber joinery is also positive.

Representations Letters – two letters of objection have been received against this proposal. The grounds of objection include:

• The well established trees should be maintained by this proposal. • The development would not improve the residential environment • The development does not improve the housing stock

62 • The building design and materials are not appropriate for this location

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 Living Conditions enjoyed at Adjacent Properties * impact on Trees * impact on the Highway

The Principle of Residential Development Members are advised that the principle of residential development on this site has been established by the consent mentioned above with the proposed development being consistent with both National and Local Planning Policy.

Impact on the Living Conditions enjoyed at Adjacent Properties UDP Policy D2 focuses on new development contributing to good urban design which should be compatible with, or improve their surroundings. PCPN2 sets out minimum interface distances to prevent new development causing overlooking, loss of privacy or dominance of outlook.

This proposal does offer a new design approach to the previous approval; as afore mentioned some internal alterations are proposed, however these maintain the appropriate interface standards and reflects the approved details in terms of window and door placements. The buildings proposed on plots 1, 3 and 4 are 600mm higher than approved and on plot 2 is 1 metre higher. The interface distances within the development still comply with PCPN2 and therefore ensures the neighbouring properties have a satisfactory level of privacy and amenity.

The Design and Conservation Officer welcomes the alterations to the approved design as they are reflective of many of the 'Villa' styles properties characterised within Heaton. Materials selection will further enhance the scheme and ensure the new dwellings successfully integrate into the surrounding area.

63 Impact on Trees UDP Policy N7 states that the Council will not permit development proposals that would result in the loss of trees of amenity value.

The proposal has not generated any new issues regarding the trees on this site. The proposal is considered to be acceptable to the Council’s Tree and Woodland Officer. The proposal complies with policy N7.

Impact on the Highway The access is as previously approved and is to be widened at the request of the Highway Engineers. The scheme provides for an appropriately sited bin store in respect of collections.

Conclusion The proposal is considered to represent an improved design to that already approved which better reflects the local distinctiveness of this part of Heaton and in particular nearby properties on Greenmount Lane. Members are recommended to approve the application.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. 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

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

To ensure that the development is safe for use.

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

Reason

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

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 side elevation of plot 2 facing properties on Kingwood Avenue of the development hereby approved/permitted other than those shown on the approved drawings nor shall those existing windows, doors or other openings be enlarged or altered.

Reason

To ensure adequate standards of privacy are obtained.

5. No development shall be commenced unless and until a detailed scheme showing the design 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.

6. 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

65 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.

7. 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.

8. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 33 metres is provided at the junction of the private road with Greenmount Lane ,and subsequently maintained free of all obstructions between the height of 1.05 metres and 2 metres (as measured above carriageway level).

Reason

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

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

Reason

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

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

Reason

In the interests of highway safety.

11. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access has been improved to a minimum width of 4.5 metres ,with 3 metres radii to Greenmount Lane and retained as such thereafter.

Reason

In the interests of highway safety.

12. No development shall be commenced unless and until full details of traffic calming measures within the area have been submitted to and approved by the Local Planning Authority, and none of the development shall be brought into use until such details as approved are implemented in full. Such works to be retained thereafter.

Reason

In the interests of highway safety.

66 13. 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.

14. 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.

15. No development shall be started until a minimum of 14 days notice in writing has been given to the Local Planning Authority that the protective fencing referred to in Condition 13 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.

16. 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.

17. 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.

67 68

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

Reason

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

71 72 73 74 75 76

Date of Meeting: 13 December 2007 Item Number: 8

Application Reference: 78093/07

Type of Application: Reserved Matters Registration Date: 02/08/2007 Decision Due By: 01/11/2007 Responsible Peter Ashby Officer:

Location: LOSTOCK INDUSTRIAL ESTATE, LOSTOCK LANE, BOLTON.

Proposal: DETAILS OF LAYOUT, SCALE, APPEARANCE AND LANDSCAPING OF FOOTBALL ACADEMY/ TRAINING FACILITY WITH ASSOCIATED CAR PARKING

Ward: Horwich and Blackrod

Applicant: Bolton Wanderers FAC Agent : KSS Design Group

Officers Report

Proposal This reserved matters application is for a football training building comprising a football academy and training facility for use by the Bolton Wanderers Football Club (BWFC) and an associated Youth Academy. The scheme should be viewed in parallel with the adjoining football training ground located to the east of the site on the other side of Mill Lane.

The proposed new building comprises a covered pitch with a domed white PVC roof. There will be two linked flat roofed accommodation buildings attached in an L-shape which are 3 storeys high, they will be clad with timber with polycarbonate panels above. Staff and emergency access is from Hall Lane with the main access for players and visitors taken from Lostock Lane. Access to the playing fields will be provided across Mill Lane.

The construction of the building will be phased; the first phase will involve the construction of a covered football pitch with changing facilities and ancillary accommodation on the north facing elevation, and this will be followed by the second phase which will include additional changing facilities and ancillary accommodation on the east facing side of the covered pitch. Prior to the construction of the covered pitch temporary changing rooms and facilities will be provided for the adjacent playing fields in the north east corner of the site.

The application site will accommodate 86 car parking spaces for visitors plus 46 staff spaces and 2 spaces for coaches together with cycle parking.

Site Characteristics The application site is within the former BAe site now known as the Hercules Business Park. It was previously developed with industrial and warehouse buildings some of which have now been demolished and is presently occupied by a partly demolished dilapidated two storey brick training building; the balance of the site is on playing fields which were occupied by the Lostock Sports Club.

77 To the north are the remainder of the playing fields subject of an undetermined reserved matters application for residential development and to the east is Mill Lane which has a substantial hedged boundary. The football training ground currently being laid out is located to the east of Mill Lane.

To the south and west is a complex of vacated farm buildings at Lostock Hall Farm accessed from Hall Lane and a group of dwellings around Lostock Hall Gatehouse which are accessed from Mill Lane. The closest building is a substantial stone barn.

The site is at a higher level than Hall Lane and the playing fields to the north but is generally lower than the adjacent Business Park.

Policy PPS1 Delivering Sustainable Development PPG13 Transport PPG17 Planning for Open Space, Sport and Recreation PPS23 Planning and Pollution Control PPG25 Development and Flood Risk

UDP Policies O7 Public Rights of Way, D1, D2 Design, D3 Landscaping, EM2 Incompatible Uses, EM4 Contaminated Land, EM10 Surface Water Run-off, N5 Landscape Features, N7 Trees, Woodland and Hedgerows, A1 Accessibility, A5 Roads, Paths, Servicing and Parking, A6 Maximum Parking Standards, A7 Minimum Cycle Parking Standards, A8 Major Development, A10 Traffic Management, A16 Pedestrians, A17 Cyclists, A19 Road Improvements and A20 Implementation and Conditions.

PCPN 1 Car and Cycle Parking, PCPN7 Trees: Protection and Planting in New Development, PCPN10 Planning Out Crime, PCPN18 Provision for Cyclists, PCPN21 Highway Considerations.

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

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

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

3 None of the dwellings hereby permitted shall be occupied until the Local Planning Authority has confirmed or agreed to the contrary in writing that:- a) The proposed access road to Greenhalgh’s Bakery has been constructed and made available for public use. b) The change of use of the training building and erection of the indoor football school has been carried out. c) The playing surfaces and pitches on land to the east of Mill Lane have been laid out.

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

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

18 There shall be no access from any part of the development to Ox Hey Lane. No development shall be commenced until full details of the means of preventing vehicular access to Ox Hey Lane have been submitted to and approved in writing by the Local Planning Authority. No development shall be brought into use until these measures have been implemented.

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

Access to the playing fields was shown to be from Lostock Lane across Mill Lane.

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

The reserved matters subject of this current application therefore provide details of the football academy building granted planning permission under applications 62283/02 and 68157/04.

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

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

Reserved matters application 75979/06 for the erection of 301 dwellings on land to the north of the BAe buildings comprising the former car park and playing fields was considered by the Planning and Highways Committee on the 6th September 2007; the issue of the decision notice was delegated to the Director pending the signing of a Unilateral Undertaking.

Application 76557/07 for the erection of a groundstaff building on the adjacent playing fields was granted permission on the 18th October 2007.

Reserved matters application 78297/07 for the refurbishment of the existing office building, the erection of 7 office buildings and 72 apartments within the adjacent Hercules Business Park is under consideration.

Technical Consultations Bolton Council - Highway Engineers:- have recommended a crossing detail for Mill Lane which will prevent vehicles crossing the Lane from turning into it. The application is acceptable subject to conditions.

Bolton Council - Environmental Health Officers:- raise no objection in principle but recommend the imposition of a contaminated land condition, and conditions relating to the extraction of cooking odours, hours of use and noise. Use of the access route to Lostock Lane is recommended. No assessment of the impact of the academy on air pollution is necessary.

Bolton Council - Tree and Woodland Officers:- the site is generally devoid of trees except for the south west corner of the site where there is a group of 4 mature lime trees which should be retained. The retention of the boundary hedge to Mill Lane is recommended.

Bolton Council - Landscape Architects:- minor amendments to the landscape plan are required.

Bolton Council - Conservation and Urban Design Officers:- on balance the building represents a visually exciting contemporary design which would suit the recreational use of the site and provide a landmark building in an open landscape setting.

Greater Manchester Police - Crime Prevention Officers:- express concerns about site security.

Greater Manchester Passenger Transport Executive (GMPTE):- the site is poorly located in relation to public transport provision and users are likely to travel to the site by coach or private car. Pedestrian routes to Lostock Lane and Chorley New Road should therefore be attractive and safe routes for users. A Travel Plan should be submitted to reduce car usage by those utilising the site.

The Environment Agency:- has withdrawn its objection and now requires the submission of a drainage scheme to ensure no adverse impact on the neighbouring ecologically important wetlands.

United Utilities:- raise no objection provided the surface water from the site is drained to their surface water sewer.

Sport England:- supports the principle of the academy subject to the satisfactory relocation of the facilities enjoyed by the Lostock Sports Club. The proposal will, together with the adjacent playing fields, increase the number of playing pitches in the area and give rise to additional community benefits.

Greater Manchester Ecological Unit:- recommend a survey for bats and owls.

Representations Letters:-14 standard letters plus 4 others have been received raising objection on the grounds that:-

• the design is inappropriate • there is no definitive solution to limit traffic accessing Mill Lane • problems of drainage will be exacerbated • local levels of air pollution will be worsened

Another 1 letter objects to any floodlighting of the adjacent football pitches and any mid-late evening use.

1 letter wholeheartedly supports the redevelopment of the site and the design of the new building.

Residents of the Lostock Hall Gatehouse area are concerned about the additional use of Mill Lane and a suggestion has been made that there is additional signage on Mill Lane stating "no access to BWFC academy or pitches".

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

81 On the 10th January 2006 and 22nd January 2007 meetings of the Liaison Group were held between the applicants for the scheme, Council Officers, ward Councillors, 6 local residents and a representative from the Lostock Sports Club when the then proposals were outlined by the applicants and questions answered.

At a meeting of the Liaison Committee on the 22nd October 2007 the current application was discussed together with application 78297/07 for the industrial and residential development at the adjacent Hercules Business Park. Three questions raised by the Lostock Residents Association are relevant to this application and are detailed below together with responses.

Condition 19 restricts traffic leakage onto Ox Hey Lane. Will the developers explain their current proposals towards satisfying this condition?

The applicants have submitted a scheme proposing the use of a restricted carriageway protected by bollards and control gates to prevent vehicles accessing the playing fields from turning into Mill Lane.

The Academy and office development require 1110 car-parking spaces, the vast majority extra. This seems to indicate a huge increase in vehicles using the local road infrastructure. LRA are aware of a ten year old survey which discovered a higher level of vehicle generated pollution than the recommended level then, and believe the current situation is considerably worse. What are BMBC proposing to do to protect the local residents from this increasing hazard?

The Environmental Health Department do not consider that the traffic generated by this use will have any adverse impact on air quality; this area is not currently an Air Quality Management Area.

We understand that all the hedges and trees surrounding and within the whole development were protected by conditions at the time of approval. We note from BMBC officers recent communications that the status of some of these trees and hedges is that they are merely recommended for retention. Could the current level of protection be clarified?

The landscaping scheme for the academy building indicates that all current hedgerows will be retained. The trees identified by the Council's Tree and Woodland Officers will be retained.

Town Council:- Horwich Town Council considered the application on the 22nd November 2007 and deferred consideration pending receipt of the views of the Environment Agency.

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 provision of sporting facilities * impact on the character and appearance of the area * impact on trees and hedgerows * impact on local highways * impact on the environment and drainage

Impact on the Provision of Sporting Facilities PPG 17 Planning for Open Space, Sport and Recreation and UDP Policy O1 seek to promote the development of sporting facilities.

The original outline planning permission for this site allowed for the redevelopment of the existing playing fields and facilities occupied by the Lostock Sports Club on the BAe site but was subject to a condition which required the provision of compensatory facilities elsewhere before development commenced. A planning application 77824/07 for the relocation of the Lostock Sports Club and the creation of football, rugby and cricket pitches and a bowling green together with clubhouse facilities with associated parking and landscaping on land adjacent to the M61 at Chew Moor was granted planning permission in September 2007. The Lostock Sports Club have temporarily been relocated and the submission of a scheme for their relocation to Chew Moor pursuant to conditions 4 and 5 of the outline planning permission is awaited. Approval of this scheme will allow the academy development to proceed on the now vacated playing fields.

Sport England supported the original development and continue to support the provision of the football academy subject of this application and the new playing fields seeing community benefits in the proposal provided the on site playing fields are relocated.

To date BWFC have invested £3 million in the laying out of the adjacent playing fields and subject to planning permission the Club anticipate starting the academy development in 2008. The Academy’s primary responsibility will be to identify and develop premier footballing talent in local young people aged 8-16. To do this, the BWFC Academy also extends its training and educational support and expertise deep into local sports clubs and schools. The BWFC have a “Football in the Community” programme and in 2006/7 more than 60,000 children, both boys and girls, from all social classes and backgrounds participated in the wide variety of schemes and programmes run by the dedicated FITC coaches and staff.

The “Football in the Community” and proposed academy activities will put BWFC at the heart of the youth community within Bolton. The proposal therefore is fully in accordance with policies appertaining to the provision of sporting facilities.

Impact on the Character and Appearance of the Area UDP policies D1 and D2 seek to ensure that proposals contribute to good urban design. Proposals should be compatible with or improve their surroundings, create a safe environment, minimizing the possibility of crime and be accessible to all. Policy D3 requires the submission of landscaping schemes where appropriate.

The original concept for the development involved the conversion and extension of the existing training building on the site, however, this building did not lend itself to provide the desired accommodation and the application proposes the construction of an entirely new covered football pitch and ancillary accommodation.

The covered football pitch will have a maximum height of 14.5 metres above ground level and will be of a comparable height to the adjacent industrial buildings on the Hercules Business Park and the training building which is being demolished.

The Design and Conservation Officer considers that the main issues relate to the design and scale of the proposed building and how it would impact upon essentially an open landscape context to the east. The proposed building is a contemporary design comprising a curved tented roof structure and two three storey flat roofed accommodation wings. Given the open landscape setting the proposal will provide a landmark building by virtue of its scale and iconic design, which would suit the industrial context to the west of the site. The building would sit less comfortably in relation to the open landscape to the east and cluster of buildings to the south, however, the curved roof form would reduce the perceived scale of the building from these aspects. The corner feature entrance would also be visually prominent from Mill Lane.

With regard to the materials the proposed stained timber cladding to the plinth helps soften and provide contrast to the white and grey pvc/polyolefin membrane. Samples of the transparent polycarbonate cladding should be submitted, however, the visuals suggest that this will give a light weight quality to the building which would suit the recreational design and landscape setting. The entrance feature would be better clad in dark grey slate look alike tiles as opposed to render as this would suit the landscape context and appear more sympathetic to other buildings in the surrounding area. The boundaries to the south and east should be softened by substantial planting to provide a visual screen and green buffer to the landscape setting.

These comments have been considered by the applicant and whilst they are accepted in the main the applicant sees little visual linkage to any adjacent development and considers the proposed render finish to be appropriate.

With regard to the comments from the Greater Manchester Police Crime Prevention Officers the application site will be bounded by 2.4 metre high weld mesh fencing wth an automatic security gate to Hall Lane, a staffed main access to the link road and security gates as well as barrier access to the playing fields on the other side of Mill Lane. Access to Hall Lane is required as an alternative to the route to Lostock Lane for potential coach egress and as an emergency exit.

84 A landscape scheme has been submitted and the boundary hedge will be retained and planting adjacent to Hall Lane enhanced. Some minor amendments to the submitted scheme are required.

It is considered therefore that subject to the approval of materials samples and landscaping details that the proposal complies with policies on design and landscaping.

Impact on Trees and Hedgerows UDP Policy N5 seeks to retain existing landscape features and policy N7 relates specifically to trees, woodlands and hedgerows. Conditions are required to ensure that protected trees and the hedgerow are adequately protected during construction. The Council's Tree and Woodland Officer has requested that a Tree Preservation Order be imposed upon a group of lime and sycamore trees in the south-east corner of the site. These are retained in the proposed scheme.

The boundary hedge to Mill Lane is a particularly important landscape feature. An access will be made through it to the adjacent playing fields; otherwise it will be retained with fencing erected on the inside and protected by the landscaping condition.

Additional landscaping will enhance the site boundary to the south; the 4 lime trees indicated as being worthy of retention are now protected by a Tree Preservation Order.

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

The means of access to the site was approved under the outline application and full planning permission was granted for the access to the playing fields to the east of the site. Condition 18 of the outline planning permission requiring the approval of details demonstrating how access to Ox Hey Lane will be restricted has, however, not been discharged and many residents are concerned that there will be additional vehicular use of Mill Lane (an unadopted highway and a restricted byway) which is also a cycleway compromising the safety of cyclists and pedestrians.

The main access to the site for visitors will be from Lostock Lane and there will be a staffed kiosk with barriers such that access to the site can be controlled. There will be a security controlled access from Hall Lane for staff. The access to Mill Lane will be gated and the crossing designed with a chicane, reduced radii and bollards such that vehicles cannot easily turn into Mill Lane and can only drive "straight across" from the academy site to access the playing fields.

85 There is an additional access point in the south western corner of the playing fields which the applicants wish to retain as an emergency and pedestrian access to the playing fields and a condition has been imposed to limit the usage of this route.

It is considered that the management of access into the site together with the controlled gating and design of the Mill Lane crossing will result in no additional vehicular use of Mill Lane and that the submitted details and proposed signage will address the concerns of local residents and satisfactorily discharge the requirements of Condition 18 of the outline planning permission.

Coach access for away teams is provided and these will access the site from Lostock Lane, turning and parking facilities will be provided within the site. There are two proposed pedestrian accesses one from Lostock Lane and the other across Mill Lane. 10 cycle parking stands have been incorporated and disabled access provided.

A Travel Plan has been submitted with the application which seeks to reduce the reliance on car travel by users of the academy and the permission will be conditioned accordingly.

The proposal therefore complies with UDP policies relating to highway matters.

Impact on the Environment and Drainage Policy EM10 of the UDP requires that proposals should minimise any increase in surface water run off. Details of the drainage of the playing fields remain to be approved and discussions with the Councils Engineers and the Environment Agency are continuing. The academy building will be drained to Lostock Lane via the existing industrial and residential sites together with the use of sustainable urban drainage techniques. The Environment Agency recommended condition is incorporated.

The traffic generated by the development is not so great as to require any air quality assessment.

Environmental Health officers have recommended that the hours of use of the academy be restricted to 0900 - 20.00 daily to take account of the new residential development proposed to the north of the site, however, the applicant wishes to have no restriction on the hours of use of the facility. Given the community benefits of the development and the indoor nature of the facility it is proposed to restrict the use of the pitch to 0700 - 2300.

It is therefore considered that the proposal complies with policies relating to the environment and that there will be no adverse impacts.

Value Added to and by the Development This application will lead to the delivery of enhanced sporting facilities in the Borough and in part facilitate the residential and industrial development of the adjacent lands.

Conclusion The proposal plays a pivotal role in the delivery of the Bolton Wanderers aspirations for the site and the development of the surrounding area. It complies with policies and is recommended for permission.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. Prior to the commencement of development, a detailed specification for all doors and windows hereby approved shall be submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

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

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

Reason

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

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

Reason

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

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

Reason

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

6. No development shall be started until the trees within or overhanging the site which are the subject of a Tree Preservation Order and the boundary hedge 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

87 extreme circumference of the spread of the branches of the trees (in accordance with BS 5839) or as may otherwise be agreed in writing with the Local Planning Authority; such fences shall remain until all development is completed.

Reason

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

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

88 maintenance objectives have been met. Reason

To ensure that the development is safe for use.

8. Before the commencement of the use hereby permitted, a scheme showing details of the means of extraction and filtration of cooking orders and methods to be employed to prevent noise disturbance shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the use hereby permitted is first commenced and retained thereafter at all times.

Reason: To minimise the impact of odour on the general and residential amenity of the area.

9. The indoor football pitch shall not be used except between the hours of 0700 and 2300 daily.

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 deliveries shall be taken at or dispatched from the site except between the hours of 0800 and 1800 Mondays to Saturday and no deliveries shall be taken at or dispatched from the site on Sundays or Bank Holidays.

Reason

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

11. Before development commences details of all external lighting equipment shall be submitted to and approved by the Local Planning Authority. The lighting in the scheme should be erected and directed so as to avoid nuisance to residential accommodation in close proximity. The lighting should be designed to provide a standard maintained illumination (LUX) of 5 LUX at the nearest residential properties. No other lighting equipment may then be used within the development other than as approved by the Local Planning Authority.

Reason: To minimise the impact of light on the general and residential amenity of the area.

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

Reason: To minimise the potential contamination of the site

13. The building structure and all fixed plant and equipment requires to be designed to prevent noise disturbance to local residential property and should be designed to give a rating level, as defined in BS4142:1997, 5dB below the most appropriate of either the night time LAF90(5 min), where plant equipment will be left running through the night, or the day time LAF90(1 hr) , where plant and equipment is only in operation during the operational times of the premises. The LAF90 should be measured 4 metres from the nearest residential properties. The monitoring information and the acoustic calculations together with the proposed building structure,fixed plant and equipment and any attenuation required should be submitted to the Local Planning Authority for their approval prior to the commencement of the development of the site, or in the case of fixed plant and equipment prior to the commencement of installation.

Reason: To minimise the impact of noise on the general and residential amenity of the area.

89 14. Prior to the commencement of any development works on the site, the developer shall undertake an ecological survey of the land to establish whether or not any bats or barn owls are present. Where species or their habitat are found to be present, a mitigation report shall be prepared and submitted to the Local Planning Authority. No development or site clearance shall take place until the Local Planning Authority has agreed the mitigation measures in writing, and these measures shall then be implemented in accordance with the approved details.

Reason

To protect any protected barn owls or bats which may be present on the site.

15. An Interim Travel Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and a Full Travel Plan document submitted to and approved in writing by the Local Planning Authority within 1 year of the first occupation of the premises. The recommendations of the approved Plan shall thereafter be implemented in full.

Reason:- To reduce reliance on the motor car.

16. The access in the south western corner of the playing fields from Hall Lane shall only be utilised as an emergency and pedestrian access to the playing fields in the event of the access from Lostock Lane across Mill Lane being unuseable. At all other times the access shall be gated such as to prevent access to the playing fields. A detail of the pedestrian access shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and implemented prior to its first use.

Reason:- In the interests of highway safety.

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

Reason

In the interests of highway safety.

18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) there shall be no means of vehicular access to the development hereby permitted/approved from Ox Hey Lane other than as shown on dwg N60774/02.

Reason

In the interests of highway safety.

19. 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 Hall Lane other than as shown on dwg N 60774/02.

Reason

In the interests of highway safety.

20. Prior to the commencement of the development a scheme to design out crime shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details which shall be retained thereafter.

Reason:- To create a safe and secure environment.

90 21. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. The design shall determine the existing sites drainage system and compare with the proposed arrangement. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority.

Reason:-

To prevent the increased risk of flooding.

93 94 95 96 97 98

Date of Meeting: 13 December 2007 Item Number: 9

Application Reference: 78560/07

Type of Application: Full Planning Application Registration Date: 04/10/2007 Decision Due By: 03/01/2008 Responsible Helen Williams Officer:

Location: LAND AT HORWICH MOOR, OFF MATCHMOOR LANE, HORWICH

Proposal: RESTORATION OF LAND TO ORIGINAL CONDITION BY DRAINING AND IMPORTING SUB-SOILS AND INERT MATERIALS (TO ALLOW SUBSEQUENT USE FOR GRAZING AND AGRICULTURE).

Ward: Horwich North East

Applicant: Tracy Miller Agent :

Officers Report

Proposal Permission is sought to repair and replace the existing drains on the site together with the installation of new drainage and importation of inert materials and subsoils to restore the land. The inert materials are to be supplied by the company 'Armstrongs', who are based on nearby Sandy Lane. The proposed works are intended to allow the land to be used for grazing of sheep and cows and for mixed agriculture.

The necessary works are proposed within the middle of the site and are to be completed in three phases. The first phase has already been completed.

The hours of operation for the proposed works are proposed between 07:00 and 16:00 Monday to Friday and 07:00 and 13:00 Saturdays. The Applicant states within their application that they hope to have the works completed within six months.

The Applicant expects there to be 20 HGV movements per day whilst the work is carried out.

Site Characteristics The application site is Horwich Moor which covers approximately 16 hectares of land. Horwich Moor is located within the Green Belt and is a classified as a Grade B Site of Biological Importance (SBI) due to its mosaic of heath, marshy grassland, neutral grassland and for bryophytes (a plant group including mosses and liverworts). Grade B SBIs are defined as sites of district importance (rather than county (Grade A) or local importance (Grade C)).

Within Greater Manchester Ecology Unit's description of the Horwich Moor (7th August 2002), they state that gatekeeper butterflies and cinnabar moths are present on the site as well as red grouse, snipes, woodcocks, cuckoos, skylarks, meadow pipits, wrens and reed buntings.

Two public footpaths cross the site, one on a north to south line and one crossing the northern corner.

Matchmoor Lane runs along the site's lengthy north western boundary.

Policy PPS9 Biodiversity and Geological Conservation PPG2 Green Belt

RSS13 North West

UDP Policies: G1, G2 Green Belt; N1 Nature Conservation; N3 Sites of Biological Importance; N5 Landscape Features; N7 Trees, Woodland and Hedgerows; R5 Landscape Character; EM2 Incompatible Uses; O8 Public Rights of Way; A5 Road Network; M2 Minerals Area of Search.

PCPN17 Nature Conservation; PCPN21 Highways Considerations.

History There is no relevant planning history to the application site.

Technical Consultations Bolton Council - Wildlife Liaison Officers:- raise objections to the proposed works as they consider they will destroy the habitat of the Grade B Site of Biological Importance and therefore will be contrary to PPS9, local policies contained within the UDP and West Pennine Moors Area Management Partnership policies. Comments from the Council's Wildlife Liaison Officers will be referred to throughout the report.

Natural England:- note that the proposal lies within a Site of Biological Importance and has a high biodiversity value and therefore recommend that the Local Planning Authority refer to the relevant policies within the UDP. Natural England also comment that, in their opinion, there is insufficient information accompanying the application in respect of the impacts on biodiversity, landscape and access to enable a determination to be made in accordance with PPS9.

Greater Manchester Ecology Unit:- advise that the application be refused. The Unit states that the proposals will result in the destruction of approximately 50% of the SBI and may result in damage to the remainder of the site due to changes in land drainage. The proposals include no compensation for the loss of the habitats or any mitigation provisions for the impacted species, indeed no ecological information appears to have been submitted with the application. The proposals are therefore contrary to PPS9, the UK Biodiversity Action Plan, the Greater Manchester Biodiversity Action Plan, Bolton’s Biodiversity Action Plan, which has been adopted for planning purposed, and policies N1, N3 and N5 of Bolton’s UDP. In addition, the Unit notes that “Phase 1” of the works has already been completed without planning permission. Officers therefore recommend that enforcement action be taken and the land restored to its original ecological condition.

100 The Wildlife Trust:- object to the proposals and recommend that action be taken as soon as possible to prevent further work being done and to restore the site to its original ecological condition. The Trust state that bird species recorded on the site include reed bunting and skylark, which are UK Priority Species and Red Listed as being of high conservation concern. Amber Listed species, of medium conservation concern, include red grouse, snipe, woodcock, cuckoo and meadow pipit. The proposals would result in the almost destruction of this site of very considerable wildlife interest would therefore be contrary to PPS9.

Greater Manchester Geological Unit:- state that to fully assess the impacts of the proposal the following information is required:

• Further information with regard to importation of waste; • Nature and quality of waste to be imported - although the exact amount is not reported, the number of HGV movements proposed suggest that it is a significant volume; • The application proposes to restore the land to its "original condition", but the "original condition" is not clarified; • Plans are needed to show the cross sections of existing and proposed landforms; • A supporting statement is required setting out the need for importing waste for this proposal.

Bolton Council - Highway Engineers:- advise that Horwich path 61 passes through the site and must remain available at all times. State that the site entrance must be hard surfaced for the first 15 metres from Matchmoor Lane and that wheel washing facilities should be installed at the site access.

Bolton Council - Environmental Health Officers:- have no objection in principle but recommend that a verification plan and validation report be submitted and approved by the Local Planning Authority before the importation of materials onto the site, to ensure that the materials are safe for deposition and to prevent contamination of ground waters in the area. Officers also recommend that the hours of operation and delivery are restricted to the hours stated within the application.

Peak and Northern Footpaths Society:- request a condition, if planning permission is granted, to ensure that the public rights of way are not obstructed.

The Ramblers' Association (Manchester Area):- express concern that the public might be discouraged from using the footpaths within the site by the presence of horses on the land. They state that aggressive animals are an increasing problem on footpaths in the area.

Representations Letters:- three letters of objection have been received from the residents of Ivy Model Farm, Shepherds Drive, 1 and 3 Heather Hall Cottages, Matchmoor Lane. A further letter of objection has been signed as being from "The Residents of Shepherds Drive". These letters raise the following objections:

• increase in traffic; • condition of roads after use of HGVs;

101 • HGVs will block the roads for other users; • the site is a haven for wildlife; • the heather moorland is not suitable for grazing; • the work already carried out has resulted in the flooding of the service road and Shepherds Drive; • there is already tipping on the site; • contaminated materials may enter the watercourse; • trees have already been uprooted; • possible obstruction of the bridleway through the site.

Horwich Town Council:- raised no objection to the application at the Town Council meeting on 22nd November. Horwich Town Council support the application as there is existing agriculture on the site, the proposals are only for part of the site and therefore some heather will remain intact. The Council also stated that they felt the issues of biodiversity and nature conservation should be discussed formally through Committee.

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

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

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

The main impacts of the proposal are:-

• impact on biodiversity • impact on landscape character • impact on the Green Belt • impact on public rights of way

Impact on Biodiversity PPS9 Biodiversity and Geological Conservation sets out national planning policies on protection biodiversity and geological conservation through the planning system. The Statement asserts that sites of regional and local biodiversity and geological interest have a fundamental role to play in meeting overall national biodiversity targets, contributing to the quality of life and the well-being of the community, and in supporting research and education.

Policy N1 of the UDP states:

102 "The Council will permit development proposals that do not adversely affect the natural environment and biodiversity".

Policy N3 of the UDP relates to Sites of Biological Importance and asserts:

"The Council will not permit development or land use changes likely to have an adverse effect, either directly or indirectly, on a Local Nature Reserve or a Site of Biological Importance as shown on the Proposals Map, unless it can be clearly demonstrated that there are reasons for the proposal which outweigh the need to safeguard the substantive nature conservation value of the site".

Policy N3 goes on to state that where development or land use changes are permitted which may damage the nature conservation value of the site or feature, proposals should demonstrate how any such damage can be mitigated and kept to a minimum.

UDP Policy N5 lists a number of landscape features, which are of major importance for wild fauna and flora. These features include semi natural grassland, heathlands, peatlands and stone walls. Policy N5 states that the Council will only permit development which may affect the integrity or continuity of these landscape features if: a) it can be shown that the reasons for the development outweigh the need to retain the features. b) mitigating measures can be provided for, within the control of the developer, which would retain the integrity and continuity of the features.

The Council's supplementary planning guidance PCPN17 Nature Conservation provides additional advice and guidance for the protection of wildlife and their habitats.

The application site is Horwich Moor. Horwich Moor is over 16 hectares in size and is predominantly a heather moorland habitat, with abundant Hypnum cupressiforme (a moss). 1.6 hectares of the site is upland wet woodland.

Horwich Moor was designated by Greater Manchester Ecology Unit as a Grade B Site of Biological Importance (SBI) in 2002. The Grade B classification means that the site is of district significance (with Grade A being of county significance and Grade C being of local significance). In the SBI site description, Greater Manchester Ecology Unit refer to the site as being a mosaic of heath, marshy grassland and neutral grassland and list a large variety of mosses, ferns, grasses and herbs that are present within the moor. The site also includes hawthorn, birch, gorse and grey willow. In terms of fauna, gatekeeper butterflies, cinnabar moths, red grouse, snipes, woodcocks, cuckoos, skylarks, meadow pipits, wrens and reed buntings have been recorded.

The Council's Wildlife Liaison Officer has confirmed that the habitats that make up Horwich Moor are all National, Regional and Bolton Biodiversity Action Plan priority habitats.

The submitted planning application seeks permission to install new drainage and to import inert materials and sub-soils into the site in order to restore the Moor for grazing and agricultural use. However, the application does not provide the following information:

103

• No indication has been made as to the nature and quality of the inert materials that are to be brought into the site (and indeed have already been deposited on the Moor as part of phase one of the development). Only the sub-soil and top soil capping levels have been quantified by depth; • No indication has been made as to the exact amount of waste to be used within the proposed works. Greater Manchester Geological Unit comment that although the exact amount is not reported, the number of HGV movements proposed suggest that it is a significant volume; • It has not been demonstrated how the operations will be undertaken in terms of reducing air or water borne pollution, prevention of contamination to adjacent land and water courses and stabilization of the land mass to prevent landslip during high rainfall events; • No grazing strategy has been submitted with the application to confirm that the moorland vegetation will not be degraded by the grazing. • The application proposes to restore the land to its "original condition", but the "original condition" is not clarified; • No plans have been submitted to show the cross sections of existing and proposed landforms; • There is no supporting statement setting out the need for importing waste for this proposal.

Natural England therefore assert that there is insufficient information accompanying the planning application in respect of its impacts on biodiversity and landscape to enable it to be determined in accordance with planning policy.

Despite the lack of information submitted with the application, Greater Manchester Ecology Unit, Greater Manchester Geological Unit, the Wildlife Trust and the Council's Wildlife Liaison Officer all consider that the proposed operations will destroy the SBI (Greater Manchester Ecology Unit believe this will be approximately 50 per cent) and may result in damage to the remainder of the site due to changes in land drainage. The proposed works on Horwich Moor will moreover directly impact on the wild flora and fauna that the SBI supports. The Applicant has neither demonstrated within their application that the reasons for the proposed works would outweigh the need to safeguard the nature conservation value and landscape features of the site, nor that any damage to the Moor could be mitigated and kept to a minimum. The application is therefore also considered to be contrary to Policies N1, N3 and N5 of the UDP. As the Council's Wildlife Liaison Officer confirms, part of the habitat of the application site has already been destroyed through the completion of the first phase of the proposed development and no mitigation measures have been proposed.

It is therefore considered that there is no justification for the proposed works, tney will irreparably harm the SBI and that insufficient information has been provided by the applicant with regard to the potential impacts on the Grade B Site of Biological Importance (Horwich Moor) to enable the proposal to be properly judged against PPS9 Biodiversity and Geological Conservation and the impacts of the scheme cannot be justified against the provisions of Policies N1, N3 and N5 of the UDP and PCPN17 "Nature Conservation".

Impact on Landscape Character

104 UDP Policy R5 asserts that the Council will permit development within Landscape Character Areas which contribute to or strengthen the character of the landscape.

The application site at Horwich Moor is identified as an Upland Moorland Hill Landscape Character Area. No information has been submitted by the Applicant to confirm that the landscape features present within this area can be maintained through the proposed landfill operation. As confirmed by the various bodies consulted, it is highly likely that the proposed operations will destroy the moorland habitat.

The information provided by the Applicant also does not allow the proposal to be properly judged against Policy R5 of the UDP.

Impact on the Green Belt Policies G1 and G2 of the UDP seek to protect the Green Belt from inappropriate uses and development. Policy G2 states that inappropriate development includes any development which does not maintain the openness of land or which conflicts with the purposes of including land within the Green Belt, and the erection of new buildings except for:

(i) agriculture and forestry; (ii) essential facilities for outdoor sports and outdoor recreation, for cemeteries and for other uses which preserve the openness of the Green Belt; (iii) the limited extension or alteration of existing dwellings or their replacement where the new building is not materially larger than that which it replaces; and (iv) development proposals, which accord with policies G4, G5 and G6.

The proposed agricultural use of the application site does accord with Green Belt policy in that it is exempt in principle from being inappropriate and is likely to maintain the openness of the area.

Impact on Public Rights of Way Policy O8 of the UDP states that development proposals affecting Public Rights of Way will be permitted, provided that they retain their integrity.

Two public footpaths cross the site, one on a north to south line and one crossing the northern corner. The planning application does not propose to obstruct either of the footpaths and the Applicant has stated that they have installed new stiles for the footpaths, as advised by Natural England. The Peak and Northern Footpaths Society do not raise an objection to the application, provided a condition is attached to any consent to ensure the paths remain unobstructed. The application is therefore considered to comply with Policy O8 of the UDP.

Conclusion It is considered that the lack of detailed information submitted with the application does not allow for the proposals to be assessed properly against policy. Nevertheless, it is felt that even with the requested information it would be unlikely that the proposals would comply with the UDP Policies N1, N3, N5 and R5. Members are therefore recommended to refuse the application.

105 106

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. Insufficient information has been provided by the applicant with regard to the potential impacts on the Grade B Site of Biological Importance (Horwich Moor) to enable the proposal to be properly judged against PPS9 Biodiversity and Geological Conservation and the adverse effects of the development upon the character and appearance of the environment are contrary to Policies N1, N3, N5 and R5 of Bolton's Unitary Development Plan and PCPN17 "Nature Conservation".

107

109 110

Date of Meeting: 13 December 2007 Item Number: 10

Application Reference: 77958/07

Type of Application: Reserved Matters Registration Date: 23/08/2007 Decision Due By: 22/11/2007 Responsible Helen Williams Officer:

Location: PORTMAN MILL, TELFORD STREET, HORWICH, BOLTON, GREATER MANCHESTER, BL6 6DZ

Proposal: PART DEMOLITION OF MILL BUILDINGS, CHANGE OF USE AND CONVERSION OF REMAINING BUILDINGS AND ERECTION OF NEW BUILDING TO FORM 42 APARTMENTS WITH ASSOCIATED CAR PARKING, STORAGE AND AMENITY SPACE

Ward: Horwich North East

Applicant: Whitewell Homes Ltd Agent : Paul Davidson MRICS

Officers Report

Background The application was deferred at the meeting of 15th November to enable the Applicant to provide additional information with regard to Section 106 contributions.

The Applicant has provided the Council with evidence to prove that it would be financially unviable for them to pay the requested Section 106 commuted sums in full. The Council's Estates Surveyors have stated that they believe the Applicant's submitted figures to be correct.

It is therefore proposed that the Applicant provides the following contributions through a Section 106 Agreement:

Affordable Housing - £54,998.07 Play and Open Space Provision - £44,772 Health Provision - £8,106 Education - £5,133.93

A Section 106 Agreement will therefore secure £113,000 for off-site provisions.

Proposal This application originally sought permission for the part demolition of mill buildings, change of use and conversion of the remaining buildings and the erection of a new building to form 46 apartments. However, the proposed scheme has since been amended and now only 42 apartments are proposed. Neighbours and technical officers were notified of these amendments 19th October 2007.

111 The Applicant proposes to retain only the original part of the mill (the southern part of the mill complex), demolishing the red brick and corrugated cladded modern extension to its side and rear. A fourth storey is to be added to the original mill building, which is to be converted into 24 apartments. The further 18 apartments will be provided within a large four and a half storey extension, to be erected to the northern side of the mill building. All apartments will be two bedroom apartments. The proposed extension will be linked to the main mill building by a glazed section.

The rear courtyard of the mill will accommodate private amenity space and 56 car parking spaces for the 42 apartments. Vehicular access into the site will be through the apartment building (via an underpass between the original mill and the new extension) and the exit will be to the side of the original mill. A one way system into the car park is therefore proposed.

Site Characteristics The application site comprises an original three storey red brick mill building (dating back to the early twentieth century) and its unattractive, large, modern extension constructed of brick and corrugated cladding, which wraps around the mill. A large concreted courtyard stands to the rear of the mill complex and is encompassed by palisade fencing.

The mill is currently occupied by "Jay's Gym" and "Portman Garage Doors".

A number of rows of terraced houses surround the site, along Chorley New Road, Telford Street, Bateman Street, Hawsley Street, Abernethy Street and Victoria Road. To the west of the application site is a garage and an area of open green space.

Policy PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport

UDP Policies: D1, D2 Design; D3 Landscaping; D5 Public Art; A5 Road Network; A6 Car Parking Standards; A7 Cycle Parking; A9 Access for People with Disabilities;H3 Housing; H4 Affordable Housing; H5 Housing Density.

PCPN1 Health, Well Being and Quality of Life; PCPN2 Space Around Dwellings; PCPN8 Children's Play within New Residential Developments; PCPN10 Planning out Crime; PCPN21 Highways Considerations; PCPN22 Public Art; PCPN26 Affordable Housing; PCPN27 Housing Development; PCPN30 Provision for Education.

History Outline planning permission was granted 6th September 2006 for the residential development of the application site (all matters reserved) (application 74521/06). This permission sought to maintain the traditional three storey part of the mill and requested proposals for the provision of public art, health, affordable housing, public open space and local education facilities within a Reserved Matters application.

A planning application for the continued use of the second floor of the mill as a gymnasium was withdrawn by the Applicant in August 2005 (61406/05).

112

In 1993 planning permission was granted for the use of the vacant second floor of the mill as a fitness centre (44006/93).

A planning application was refused in 1987 for the continued use of Portman Mill as a flea market (29358/87).

Technical Consultations Bolton Council - Highway Engineers:- request a number of highways improvements to the surrounding roads, which can be conditioned.

Bolton Council - Environmental Health Officers:- have no objection in principle and request a Phase II contaminated land study. Officers, however, note that the proposed layout of the apartments show incompatible room uses.

Bolton Council - Landscape Architects:- request a commuted sum of £44,772 for off- site play and open space provision.

Bolton Council - Conservation and Urban Design Officers:- recommended that the original submitted scheme for 46 units be refused on design grounds, as they felt that the proposed extension was too large, high and bulky in scale and would over dominate the original mill building. Officers also felt that the proposed extension appeared too commercial and should have more of a domestic appearance.

Since the amended plans have been received, the Council's Conservation and Urban Design Officers have withdrawn their objection and now support the scheme. Officers consider that the amendments (which include the removal of the fifth floor, the introduction of a glazed link between the two elements of the building, the removal of the roof terraces, and the introduction of a corner feature to replicate the original mill building) have greatly improved the scheme and address their previous concerns to produce a respectful extension to the mill. Officers also state that the proposed extension now sits alongside the mill in a manner that is fitting in style and character but also looks more residential than industrial. Officers recommend that the scheme is approved.

Bolton Council - Regeneration and Economic Development Division (REDD):- have no opposition to the residential proposal. Officers state that the proposal seems acceptable given the site is under used, unallocated within the UDP and is surrounded by residential properties. They are pleased that the developer is looking to retain and convert the existing mill building.

Bolton Council - Strategic Housing:- have agreed to the payment of money for an off site contribution towards affordable housing.

Bolton Council - Education:- require £5,133.93 as a commuted sum for education provision.

Greater Manchester Police - Crime Prevention Officers:- commenting on the amended plans, Officers advise that the main entrance of the building be controlled by

113 means of a video entry phone system and that the sides and rear of the building be enclosed and defined as private. Officers also recommend the introduction of lighting within the parking area and that any planted vegetation remains at a low level.

Greater Manchester Ecology Unit:- state that whilst the submitted bat survey contains suggestions for protecting bats and mitigating for their possible disturbance, including suggestions for the provision of new roosting sites, there is no indication as to whether the developer does in fact intend to implement the measures as proposed. However, Officers accept the measures proposed as satisfactory for meeting the condition on the outline approval.

United Utilities:- have no objections provided the site is drained on a separate system, with any foul sewage connected into the foul sewer.

Representations Letters:- two letters of objection have been received from a resident at 437 Chorley New Road, one relating to the original submitted plans and a subsequent one relating to the amended plans. The letter referring to the amended plans raises the following concerns:

• the distances between the four storeys of the mill building and the surrounding houses are too close; • lack of on-site parking; • the concerns from the police's original comments regarding perimeter fencing and lighting do not seem to be addressed; • the apartment layouts show room incompatibility.

Horwich Town Council:- raised no objection to the amended plans at the Town Council meeting of 18th October 2007.

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

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

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

The main impacts of the proposal are:-

• impact on urban regeneration • impact on the character and appearance of the surrounding area • impact on the living conditions of neighbouring residents and future occupants

114 • impact on the highway • impact on existing infrastructure

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

The principle of residential development on this site has already been established under outline planning permission 74521/06.

Impact on the Character and Appearance of the Surrounding Area Policy D2 of the UDP requires that the design of new buildings respects the character of the area in which they are situated.

The original submitted scheme for this application proposed to retain the three storey element of the mill building, add an extra two storeys to it, and attach a large five and a half storey extension on its northern side. It was considered that these plans were unacceptable in terms of design. The proposed extension to the existing mill building was too large in scale, and would dominate and overpower the existing and attractive three storey mill building. The additional two floors on top of the building would also make the scheme too tall and bulky and therefore incompatible with the surrounding residential properties. The Council's Conservation and Design Officers also felt that the proposed extension appeared too commercial in design and should have more of a domestic appearance in this residential area. Officers therefore recommended that the scheme be refused on design grounds.

A copy of the original submitted plans (front and rear elevations) are attached to this report to allow comparison with the amended plans.

After lengthy discussions with both the Planning Officer and the Council's Design and Conservation Officers, the Applicant formally submitted amended plans. Neighbours and technical consultees were notified of these amendments on 19th October 2007.

The amended plans differ to the original submitted scheme in the following ways:

• The number of units proposed has been reduced from 46 to 42; • The fifth floor has been removed, reducing the scale of the building; • The scheme now has a glazed link between the original mill building and the proposed extension, thereby providing a clearer distinction between the two elements and reducing the long continuous stretch of mass; • The proposed terraces on the top floors have been removed; • The corner feature on the original mill is replicated on the extension. This not only creates a reference between the two buildings but also increases the vertical emphasis and adds a visual break; • The amended entrance to the building appears far more domestic than previously;

115 • The proposed fourth floor is more in keeping with the original building and less contemporary.

It is considered that the amendments vastly improve the proposed scheme and have successfully addressed the concerns raised by the Council's Design and Conservation Officers. Officers now consider that the proposed extension sits alongside the original three storey element of the mill in a manner that is fitting in style and character to both the building and the surrounding residential properties.

The application is therefore considered to comply with Policy D2 of the UDP in that the proposed development contributes to good urban design.

Impact on the Living Conditions of Neighbouring Residents and Future Occupants PCPN2 "Space Around Dwellings" sets out the minimum distances required between dwellings to ensure privacy and make sure new developments relate well to surrounding residential properties.

It was felt that the original submitted scheme (for 46 apartments) would have an adverse effect on the living conditions of neighbouring residents in that the interface distances between the houses on Chorley New Road and the fifth storey element of the proposed building would only be approximately 28 metres. The minimum required interface distance for a five storey building and existing two storey dwellings is 30 metres, as prescribed within PCPN2. The proposed terraces on the south western elevation of the proposed development further compounded this concern. Similar concerns arose from the proposed terrace at fourth storey level on the north eastern elevation, which would overlook the properties at 15 Telford Street and 19 Bateman Street.

The amended plans have addressed these overlooking concerns as the fifth storey has been removed (which maintains sufficient interface distances between the mill and the houses on Chorley New Road) and all previously proposed roof terraces have been removed (removing opportunities for future occupiers to overlook adjoining gardens and rear windows).

It is therefore considered that the amended scheme will not have an adverse effect on the living conditions of neighbouring residents as the proposed scheme complies fully with the guidance set out within PCPN2 "Space Around Dwellings".

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

The Council's Highways Engineers do not raise an objection to the proposed residential scheme. However, Engineers have requested a number of highways improvements to the surrounding streets, which include the widening of kerb radii around the application site. These requested improvements are suggested through conditions.

116 56 car parking spaces are proposed for the 42 apartments within the rear courtyard to the mill. This equates to 1.33 spaces per apartment, which meets the parking standards set within PPG13 Transport and Policy A6 of the UDP.

Three parking spaces for disabled use are also proposed within the rear courtyard, though these are not positioned close enough to the entrances of the apartments. A condition is therefore suggested to review the parking layout in relation to the provision of the disabled parking bays.

Impact on Existing Infrastructure Policies D5, H3 and H4 of the UDP and PCPN 1, 8, 22, 26 and 30 all seek to ensure that the existing and proposed infrastructure has the capacity to absorb the proposed development. This includes requirements for an off site contribution for children's play space, education and health provisions, affordable housing and public art (as required within the outline planning permission for the proposed site (application 74521/06)).

Affordable housing: the Applicant has agreed to pay £54,988.07 through a Section 106 Agreement as an off site contribution towards affordable housing.

Children's play space provision: the Applicant has agreed to pay the requested £44,772 for off site open space provision.

Health provision: a sum of £8,106 has been requested in line with PCPN1 Health, Well Being and Quality of Life.

Education provision: the Applicant has agreed to pay the requested £5,133.93.

Public Art: the Applicant is proposing to provide public art within the application site. A condition is therefore suggested requesting that details of the proposed art installation/s are submitted to and approved by the Local Planning Authority prior to the commencement of development.

Value Added to and by the Development The Council is committed to permitting new housing development on suitable sites which are previously developed and located within the urban area. The amended proposal will result in the regeneration of the area providing a high quality residential scheme for the benefit of future residents and an enhanced residential environment for existing local residents.

A Section 106 Agreement will secure £113,000 for off-site provisions.

Other Matters Greater Manchester Police's Crime Prevention Officers recommend that the sides and rear of the proposed apartment building are enclosed with railings or fencing and that vehicular gates are installed. Details of these boundaries treatments are to be requested through conditions.

117 Environmental Health Officers have noted that the proposed layout of the apartments show incompatible room uses. This however is not a planning consideration, but an informative is to be attached to any consent to notify the Applicant of this concern.

Conclusion The proposed residential scheme and the conversion of the traditional mill building into apartments is considered to be of good urban design and compatible with the character of the surrounding area. It is considered that the proposal would not unduly impact on the living conditions of adjacent residents and that adequate levels of privacy and light for future residents would be obtained. It is also considered that the proposal would not jeopardise highway safety and that it makes sufficient provision for local infrastructure.

Members are therefore recommended to delegate the decision to the Director to secure affordable housing provision and the off site contributions towards health, education and public open space.

Recommendation: Delegate the decision to the Director

Recommended Conditions and/or Reasons

Reason

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

2. No development shall be commenced unless and until samples of the materials to be used on all external elevations, including the roof, of the development, have been submitted to and approved by the Local Planning Authority. The external walls of the development shall be erected in natural stone or reclaimed natural stone laid in courses to match those of the existing building. The stonework used throughout the development shall be consistent in terms of colour, size and texture with the approved samples.

Reason

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

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

Reason

To ensure adequate standards of privacy are obtained.

4. Before the commencement of the use hereby permitted, a scheme showing details of the means of extraction and filtration of cooking odours and methods to be employed to prevent noise disturbance

118 shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the use hereby permitted is first commenced and retained thereafter at all times.

Reason

To safeguard the living conditions of neighbouring residents particularly with regard to the effects of odours.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) no soil stacks, waste pipes (other than rainwater pipes) meter boxes and central heating flues shall be fixed to the external elevations of the building(s), unless otherwise agreed in writing by the Local Planning Authority.

Reason

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

6. Prior to the commencement of development, a detailed specification for all doors and windows hereby approved shall be submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

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

7. All rainwater goods to the building(s) shall be coloured black within 28 days of their installation and kept so coloured.

Reason

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

8. All new windows and doors shall have reveals which are not materially different to those on the existing building.

Reason

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

9. Before development commences details of all external lighting equipment shall be submitted to and approved by the Local Planning Authority. The lighting in the scheme should be erected, directed and shielded so as to avoid nuisance to residential accommodation in close proximity. The lighting should be designed to provide a standard maintained illumination (LUX) as measured at the nearest residential properties affected, of no more than 5 LUX. No other lighting equipment may then be used within the development other than as approved by the Local Planning Authority.

Reason

To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents.

10. No development shall be commenced until a sample window has been made available for inspection

119 and approved in writing by the Local Planning Authority. The window(s) as approved 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.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order), no windows or doors shall be formed or other alterations carried out to any elevations or the roof of the development, hereby approved/permitted, other than those expressly authorised by this permission. Reason To safeguard the outlook, privacy and living conditions of neighbouring residents.

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

Reason

In the interests of highway safety.

13. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 70.0 metres is provided at the junction of the access with Telford Street, and subsequently maintained free of all obstructions between the height of 1.05 metres and 2 metres (as measured above carriageway level).

Reason

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

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

Reason

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

15. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 5.0 metre dimension, at the junction of Telford Street with Back Chorley Street has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.

Reason

In the interests of highway safety.

16. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 5.0 metre dimension, at the junction of Telford Street with Telford Street (Passage) has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.

Reason

In the interests of highway safety.

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17. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 5.0 metre dimension, at the junction of Chorley New Road with Back Bateman Street has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.

Reason

In the interests of highway safety.

18. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 5.0 metre dimension, at the junction of Back Bateman Street with Telford Street (Passage) has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.

Reason

In the interests of highway safety.

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

Reason

In the interests of highway safety.

20. The development hereby approved/permitted shall not be brought into use unless and until the highway at Back Chorley New Road has been widened to 6.5 metres in accordance with details to be submitted to and approved by the Local Planning Authority, and retained thereafter.

Reason

In the interests of highway safety.

21. The development hereby approved/permitted shall not be brought into use unless and until the highway at Telford Street (Passage) has been widened to 6.5 metres in accordance with details to be submitted to and approved by the Local Planning Authority, and retained thereafter.

Reason

In the interests of highway safety.

22. The development hereby approved/permitted shall not be brought into use unless and until the highway at Back Bateman Street has been widened to 6.5 metres in accordance with details to be submitted to and approved by the Local Planning Authority, and retained thereafter.

Reason

In the interests of highway safety.

23. 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,

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

To ensure that the development is safe for use.

24. 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.

25. 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.

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Reason

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

26. Before development commences details of the on site provision of public art shall be submitted to and approved in writing by the Local Planning Authority. Such details as are approved shall be implemented in full within 6 months of the development being first occupied or brought into use and retained thereafter.

Reason:

To ensure public art opportunities are provided as part of the development.

27. 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.

28. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, the roof area of the building hereby permitted shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the local planning authority.

Reason

To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality and the privacy and living conditions of nearby residents.

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

Reason

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

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125 126 127 128 129 130

Date of Meeting: 13 December 2007 Item Number: 11

Application Reference: 78547/07

Type of Application: Full Planning Application Registration Date: 05/10/2007 Decision Due By: 30/11/2007 Responsible Pat Naylor Officer:

Location: 764 ST HELENS ROAD, BOLTON, GREATER MANCHESTER, BL5 1AF

Proposal: INSTALLATION OF A NEW DROPPED KERB TO CREATE VEHICULAR ACCESS

Ward: Hulton

Applicant: A Patel Agent : Mr S Saund

Officers Report

Proposal This application is to form an additional access drop kerb onto St Helens Road; a classified road.

Site Characteristics This property is a detached rendered dwelling with recently constructed single storey extensions to the front and rear. The original building was built with an individual design compared to the surrounding dwellings and is also sited nearer to the highway than the neighbouring properties. The property is served by one existing access from St Helens Road. To the rear of the dwelling is a newly laid patio area.

Policy UDP Policy A5 Roads, paths, servicing and car parking; A18 Strategic Route Network; G1 Green Belt

PCPN21 Highway Considerations

Technical Consultations Bolton Council - Highway Engineers:- a plan has now been submitted which shows that vehicles can turn at the rear of the dwelling. It is policy to restrict the construction of additional access points to a classified road. However in this instance, a vehicle could start to leave from the rear of the property and meet a vehicle entering the site. On balance, it is considered that there are benefits to highway safety in allowing an additional access. It must be conditioned however that the northerly access is unobstructed at all times to allow the passage of vehicles.

Representations Letters:- none received.

131 Elected Members:- Councillor A. Walsh has requested that this application be presented to Members.

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

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

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

The main impact of the proposal are * Highway Considerations

Highway Considerations The property benefits from one access onto St Helens Road. The proposal to create an additional access would not normally be permitted due to the siting on a classified Road. However the agent has submitted a plan demonstrating the newly laid patio area to the rear of the property can be used for the parking of cars and consequently it will allow vehicles to manoeuvre to facilitate the safe entry and exit of vehicles in forward gear.

Conclusion The provision of an additional access onto a classified road is considered acceptable as the agent has shown that vehicles can enter and leave the site in forward gear. A condition will be imposed stating that the northerly access be unobstructed at all times in line with the Highways Engineers comments. Members are recommended to approve this application subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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2. The development hereby approved/permitted shall not be brought into use unless and until provision has been made for a 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.

3. The northerly access (subject of this application) shall remain unobstructed at all times to allow passage of vehicles.

Reason In the interests of highway safety.

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135 136

Date of Meeting: 13 December 2007 Item Number: 12

Application Reference: 78704/07

Type of Application: Full Planning Application Registration Date: 05/11/2007 Decision Due By: 31/12/2007 Responsible Jeanette Isherwood Officer:

Location: 51 HOLCOMBE CLOSE, KEARSLEY, BOLTON, GREATER MANCHESTER, BL4 8JU

Proposal: ERECTION OF A TWO STOREY EXTENSION TO SIDE TOGETHER WITH PORCH TO FRONT.

Ward: Kearsley

Applicant: Mrs Nolan Agent :

Officers Report

Proposal The application proposes the erection of a two storey extension to the side of the property 2.5 metres wide and running the full length of the house. The existing front porch will be widened, extending across the new side extension. The proposed extension will leave 700mm metres to the boundary.

Site Characteristics This property is a semi detached house situated near to the head of a cul-de-sac. The property overlooks a grassed area to the front. The adjacent property at 50 Holcombe Crescent has a principle kitchen window in the gable elevation and a conservatory extension to the rear. There is a stagger to the building line at the rear with 51 being approximately 2 metres longer than 50. the cul de sac is characterised by semi detached houses of identical size and design.

Policy UDP; D2 Design

PCPN No.3 House Extensions

Representations Letters:- none received.

137 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 living conditions of the neighbouring residents; *Impact on the character of the area;

Impact On The Living Conditions Of The Neighbouring Residents. 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. This interface is important to ensure that the living conditions of an adjoining dwelling are not unduly affected due to an extension appearing over dominant and overbearing when viewed from the main windows in that property.

This proposal is contrary to that policy in that the proposed extension will be approximately 2.5 metres away from a principle room and its height, massing and location in relation to the adjacent property is likely to have an overbearing and over dominant impact on the living conditions of that property.

The proposed extension to the front porch will have no impact on the adjacent neighbour.

Impact On The Character Of The Area. Planning Control Policy Note No 3 "House Extensions" states that 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.

The separation between the existing houses along this section of Holcombe Close is still maintained as there are no other examples of similar two storey extension nearby. The proposal fails to provide the required 1 metre to the party boundary and does not detail any set back from the main front elevation and the roof line of the exiting dwelling would be continued.

138 It is considered that the proposal would create a terraced effect in the street scene and is contrary to policy set down in the detailed supplementary guidance policy PCPN3 - House Extensions.

Conclusion The proposed extension is considered to have a detrimental impact on the living conditions of the adjacent dwelling and furthermore would create a terraced effect in the street scene to the detriment of the visual amenity of the surrounding area.

Members are accordingly recommended to refuse the application.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed extension would, by virtue of its design, height and siting impact detrimentally on the outlook and living conditions of neighbouring residents at 50 Holcombe Crescent and is contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

2. The proposed extension would, by virtue of its design, height and siting be detrimental to the character and visual appearance of the surrounding area by reason of its relationship to the boundary, and could create a 'terraced' effect in the street scene, contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

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141 142

Date of Meeting: 13 December 2007 Item Number: 13

Application Reference: 78657/07

Type of Application: Full Planning Application Registration Date: 24/10/2007 Decision Due By: 19/12/2007 Responsible Matthew Kilsby Officer:

Location: LITTLE LEVER SCHOOL, CHURCH STREET, LITTLE LEVER, BOLTON, GREATER MANCHESTER, BL3 1BT

Proposal: RETENTION OF 8.5M LENGTH OF 2.4M HIGH PALISADE FENCE

Ward: Little Lever and Darcy Lever

Applicant: Little Lever School Agent :

Officers Report

Proposal Permission is sought for the retention of an 8.4 metre length of palisade fencing, measuring 2.4 metres in height. The fencing has been painted in a dark green colour.

Site Characteristics The fencing to be retained forms part of a boundary fence that measures 543 metres in length, stretching from the front of the school building on Church Street and bordering the northern and western edges of the playing fields. The fencing in question is located in a wooded area that lies in a large playing field and open space. Residential dwellings back on to the eastern edge of the playing fields.

Policy UDP Policy: D2 Design; G1 & G2 Development in the Green Belt; R5 Landscape Character Area; O8 The Croal/Irwell Valley.

PCPN10 Planning Out Crime; PCPN29 Guidance Note on Fencing Around Schools.

History Planning permission for fencing around the western and northern boundaries of the school playing fields was granted in July 2007 by planning application 77251/07. However, some of the fencing erected was not covered in that application, hence this application for the retention of this added small section.

Technical Consultations Bolton Council - Highway Engineers:- raise no objections on highways grounds.

Bolton Council - Environmental Health Officers:- raise no objections to the proposal as the only risks associated with fencing in the area would arise during construction

143 Greater Manchester Police - Crime Prevention Officers:- greater security would have been provided with the erection of welded-wire mesh fencing. Palisade fencing should be rivetless with the bottom of the pales buried in concrete.

Representations Letters:- two letters of objection have been received from neighbouring residents at 49 & 51 Bowness Road. Grounds for objection include:- • By erecting the fence adjacent the wooden fences to the rear of 49 & 51 Bowness Road, the playing fields are more accessible to vandals. The school is relying on the fencing, to the rear of neighbouring residents, to secure the playing fields. • The fencing is clearly visible from the rear of 49 & 51 Bowness road and its appearance is unsightly.

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 living conditions of neighbouring residents * impact on the Green Belt * impact on the Croal/Irwell Valley

Impact on the Living Conditions of Neighbouring Residents Although the preferred treatment for school boundaries is the use of welded-wire mesh fencing, the retention of this section of palisade fencing is considered to be acceptable. The fencing is painted dark green, which minimises any negative visual impact that the fencing may have on the visual outlook from 29 & 31 Bowness Road.

Although local residents have concerns around the fact that they consider the school will be more accessible to vandalism and unauthorized access by relying on the rear garden boundary fencing to properties on Bowness Road, the short added section closes of a gap in the school fencing and is unlikely to result in the problems perceived.

Impact on the Green Belt Policy G2 of the UDP seeks to ensure that new development does not affect the openness of the Green Belt.

144

Schools within large grounds and all their associated development have historically been included within larger tracts of Green Belt. Fencing which provides security to a school site is an essential requirement and the small section of fencing in question is dark green in colour and is sited amongst mature trees and shrubs. It will therefore have no significant impact on the openness of the Green Belt.

Impact on the Croal/Irwell Valley Policy O8 of the UDP seeks to ensure that development proposals maintain the open character and recreational value of the Croal/Irwell Valley.

Likewise, as in the analysis above regarding Green Belt, the short additional section of fence does not have a negative impact on the Croal/Irwell Valley.

Conclusion The small length of fencing completes the overall enclosure of the open boundaries to the school and it is not considered to unduly impact on security and safety on adjacent residential property nor the open character of the surrounding area. The application is therefore recommended for approval.

Recommendation: Approve without condition

145

Date of Meeting: 13 December 2007 Item Number: 14

Application Reference: 77913/07

Type of Application: Full Planning Application Registration Date: 11/07/2007 Decision Due By: 10/10/2007 Responsible Alex Allen Officer:

Location: LAND OFF LEIGH ROAD, FORMER GREENVALE WORKS, WESTHOUGHTON, BOLTON.

Proposal: ERECTION OF 78 DWELLINGS (30 APARTMENTS, 21 DETACHED HOUSES AND 27 TOWN HOUSES). (AMENDMENT OF EXISTING PLANNING PERMISSION 68302/04)

Ward: Westhoughton South

Applicant: Miller Homes Agent :

Officers Report

Background The application was brought for Members consideration at the 1 November Planning and Highways Committee and was the subject of an advanced site visit. Subsequently the application was deferred pending resolution of the Environment Agency's objections to the proposal and confirmation regarding tree felling and the future protection of trees within the site.

Subsequently the applicant has provided further the following additional information:

• Revised plan showing the maintenance of an ecological easement adjacent to the banks of Hall Lee Brook; • Update Flood Risk Assessment; • Revised Landscape Management Plan; and • Revised site layout plan (Rev N).

In addition, the Council's Tree and Woodland Officer has surveyed the site including the land surrounding the reservoir and has drafted a Tree Preservation Order for the site. This is due to be imminently served on the applicant/land owner.

Proposal The applicant seeks an amendment to the current extant planning permission for the site for the erection of 78 dwellings comprising of 30 apartments, 21 detached houses and 27 town houses. The proposal would allow the applicant, Miller Homes to provide their own dwelling types on the site whilst retaining the key principles within the extant planning permission.

The main access to the site will be via the existing southern entrance on Lower Leigh Road which previously provided access to a car park associated with the works. Eight properties at the northern part of the site, adjacent to the reservoir, will be accessed via the old industrial driveway north of Green Vale House on Leigh Road. 147

An area of public open space is to be provided within the site between Lower Leigh Road and the development, and this is to be sited on what was a car park to Green Vale Works.

The siting of the proposed access roads into the site would remain the same as under the current extant planning permission on the site.

Site Characteristics The site lies within the adopted Green Belt to the east of Daisy Hill and the broader settlement of Westhoughton. Leigh Road/Lower Leigh Road pass the site to the west, and to the north is a reservoir and Daisy Hill railway station. To the east is open agricultural land and to the south a quarry within Wigan MBC.

The site was previously occupied by a number of industrial buildings and areas of hardstanding. However, the buildings were demolished following arson attacks in the latter part of 2003 because of concerns about their safety. The appearance is now of a large open area of hardstanding with some rubble from the demolition remaining on parts of the site.

Hall Lee Brook runs through the site in a north-south direction and a section of the brook is culverted beneath the northern access drive.

There is a change in levels on the site from a high point at the north east corner down to the south and west towards the Brook.

A car park lies between Lower Leigh Road and Hall Lee Brook and is therefore separated from the rest of the site.

Policy PPG2 - Green Belts PPS3 - Housing PPG9 - Nature Conservation PPG13 - Transport PPS25 - Development and Flood Risk

Regional Spatial Strategy for the North West

G2 Control of Development in the Green Belt; G5 Major Developed Sites in the Green Belt; N5 Landscape Features; N7 Trees, Woodland and Hedgerows; N9 Protected Species; EM4 Contaminated Land; EM10 Surface Water Run-off; EM11 Flood Protection; D2 Design; D3 Landscaping; A5 Roads, Paths, Servicing and Car Parking; H3 Determining Housing Applications;

148 H5 Housing Density.

Planning Control Policy Notes: No. 1 - Car and Cycle Parking Standards No. 2 - Space Around Dwellings No. 7 - Trees: Protection and Planting in New Development No. 8 - Provision for Children's Play Within New Residential Developments No. 10 - Planning Out Crime No. 17 - Nature Conservation No. 21 - Highways Considerations No. 22 - Public Art No. 27 - Housing Development No. 30 - Provision for Education

History A planning application for 78 dwellings including 30 apartments, 26 town houses and 22 dwellings by Miller Homes but was subsequently withdrawn in May 2007 following discussions between Officers and the applicant. Improvements were sought in relation to the internal site layout and house/apartment design and siting.

Planning application 68302/04 for the erection of 75 dwellings which includes apartments (31 units), mews (32 units), semi-detached (6 units) and detached properties (6 units). The proposed buildings were to be a mix of two and three storey properties. Whilst the Local Planning Authority recommended approval of this scheme Members will remember that the application was called in by the Secretary of State due to the proposal being a departure from the previous version of the UDP.

The Secretary of State was minded to approved planning permission for the scheme as it was considered that the proposal would:

• Make an important contribution to the providing the required level of housing in the Borough upto 2011; • The proposal complied with the reuse of a major developed site within the Green Belt; • The site is in a sustainable location close to local jobs, shops and services; • Due to the remediation costs for the site the affordable housing contribution on the site was limited to 7 units; • Was consistent with advice in PPG2 in relation to major developed sites within the Green Belt as it would enhance the openness of the Green Belt, improve damaged land, enhance the landscape and provide land for informal recreation; • The adjacent road has sufficient capacity to absorb the predicted increase in traffic levels.

Technical Consultations Bolton Council - Highway Engineers:-had initial concerns regarding the internal layout of the site. Discussions have been held between the applicant and Highways to resolve the outstanding issues. A number of amended plans have been received which have tried to

149 address these concerns. The Highways Engineer’s amended comments will be provided at the Committee meeting.

Bolton Council - Environmental Health Officers:-no objections. The applicant has provided a remediation strategy to discharge the relevant condition on the extant permission. This has been agreed with the Council's EHO resulting in further site investigations and decontamination works occurring on site.

Bolton Council - Tree and Woodland Officers:-had initial reservations regarding the proximity of the proposed units on the western edge of the application site and the loss of a number of trees shown for retention on the previous scheme. The applicant has submitted revised plans which have attempted to move the units further away from the trees. The amended comments from the Council's TWO will be reported at the Committee meeting.

Bolton Council - Landscape Architects:- no objections subject to the provision of £78,936.

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

Greater Manchester Police - Crime Prevention Officers:- has reservations regarding the proposed footpath between Plots 1 and 20 due to the perceived creation of a ginnel and the problems that this may result in.

Greater Manchester Ecology Unit:- no objections subject to conditions relating to Japanese knotweed and Himalayan balsam, planting of native species and the felling of trees.

The Environment Agency:- initially had placed a holding objection to the proposal on the basis that the applicant has not provided an up to date Flood Risk Assessment (FRA) and the lack of an undeveloped buffer in between Plots 16 - 20 and Plot 71 which would overlook Hall Lee Brook. Due to the revised FRA and amendments to the site layout to incorporate a 3 metre buffer from the top of the bank of Hall Lee Brook they have removed their objection.

Network Rail:- no objections.

Representations Letters:-three letters of objection have been received raising the following issues:

• Erection of a sign on the site; • Traffic congestion on the site; • Accident record on the roads surrounding the site; • Existing security problems will be increased with the proposed footpath at the side of the site; • Concerns regarding site safety around the reservoir; • Existing culvert beneath the northern access road is damaged and requires upgrading; • Objects to services being laid along the northern access road;

150 • No diversion of water into Hall Lee Brook will be allowed by the current owners of the land; • All equipment/materials to be delivered via the main access road.

Town Council:- raised no objections to the proposal subject to a number of conditions being imposed on the applicant:

• Levels of the car park are reinstated so that it is in two levels and is sloped; • The removal of the footpath at the side of Hall Lee Brook due to security concerns and the health and safety of children; • Condition relating to preventing future residents of throwing rubbish into the Brook to ensure it remains free flowing; • Ensuring the existing culvert running from the reservoir to Hall Lee Brook runs efficiently and where appropriate is repaired/maintained; • Protection of existing trees • Protection of existing filter beds and the requirement for a further ecological study; • Ensure the proposed levels deal sensitively with the boundary with Green Vale House.

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

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

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

The main impacts of the proposal are:-

* principle of development * impact on flood risk and Hall Lee Brook * impact on the Highway Network * impact on Ecology * impact on existing infrastructure * impact on existing trees.

Principle of Development As set out above the principle of residential development on the site has been established under the previous permission. The applicant is seeking to change the house types which were previously approved.

151 Design and Layout of the Proposed Dwellings PPS 1 and guidance contained within UDP policy D2 seek to ensure that development proposals enhance/are compatible with the surrounding area. The main aspects of the site layout are drawn from the extant permission with large detached and semi detached properties overlooking the reservoir with the majority of the site being served from the southern access point. Whilst the Council's interface standards are not met, they weren't under the previous approval.

The extant permission and the current proposal seek to provide a home zone whereby reductions in interface distances and the width and character of the street place the emphasis on pedestrians assisting in creating more sustainable communities. Whilst this is a deviation from the Council's interface standards it is considered to a acceptable.

The scheme has undergone a number of design changes in order to take account of the comments of the Council's Design and Conservation Officer and the Council's Highways Engineer. This has resulted in a much improved layout and visual appearance which will serve to enhance the character of the area (a layout plan and examples of street scenes are appended to this report).

Impact on Flood Risk and Hall Lee Brook PPS25 and UDP Policies EM10 and EM11 cover flood risk and seek to ensure that potential flooding is fully considered in the determination of applications. Developments can be at risk from flooding, but may also increase the likelihood of flooding taking place, for example, as a result of increased surface run-off.

Immediately to the north of the application site is a reservoir which historically provided process water to the industrial site. To the west of this is Hall Lee Brook which is canalized in this location. Hall Lee Brook is culverted beneath the old industrial access and then emerges into the application site, flowing in a roughly north-south alignment. Here the channel is incised and therefore at a significantly lower level than the surrounding land.

There is existing damage to parts of the river channel and during heavy rain in June 2002 the reservoir overtopped leading to a flood event.

Flood Risk Assessment A revised Flood Risk Assessment has recently been submitted. The Environment Agency has raised no objections to the findings of the FRA or the proposed remediation works that are necessary to ensure the drainage infrastructure is adequate. This includes:

Provision of a new inlet structure which will ensure the reservoir water level is maintained and to allow excess water to pass through into a culvert, measuring 27 metres in length with a diameter of 1.8 metres, in order to regulate levels. The FRA states that the proposed measures would ensure that the proposed new culvert and the existing channel which runs at the side of the Reservoir would have sufficient capacity to deal with the 100 year flow making an allowance for global warming. The Environment Agency concur with these findings.

152 The new culvert would link into the existing outfall which flows into Hall Lee Brook and by the creation of a new outfall to the south of the existing outfall which is currently south of the Kenyon's land/ownership. The new culvert would ensure that no new dwellings would be built over

It is recommended that if planning permission is granted for the revised house type application, as stated by the Environment Agency that a condition be added to ensure the proposed culvert is constructed.

Safety/security of Hall Lee Brook A number of concerns have been raised by Westhoughton Town Council and local residents with regard to the proposed footpath which would run along the eastern edge of the banks of Hall Lee Brook. This element was approved under the previous permission and has been carried forward into the current proposal.

Town Councillors and residents have raised concerns over residents/other persons dumping material from their houses into the Brook. In addition, security and health and safety concerns are also paramount. Whilst fly tipping has allegedly occurred whilst the site has been vacant it is considered that presence of a residential developer and future occupants on the site would provide a natural policing of the site.

The layout of the scheme is such that the proposed apartments would have a dual aspect over the car parking area and Hall Lee Brook. In addition, the proposed dwellings (Plots 16- 20) would front onto the Brook and footpath. This will provide good natural surveillance over the footpath discouraging both fly tipping and dumping of material by residents. Whilst noting the Town Council and existing local residents views the impact of turning properties around and closing the footpath off may result in these residents dumping material over their fences into the Brook which could not be controlled.

The above is consistent with the overall aim of the development to be as outward looking as possible. The applicant has confirmed that a 1.8 metre high railing would be provided along the eastern edge of the site to prevent unauthorised access to the Brook and associated Bank. This will assist in creating an attractive woodland walk which retains it's current open feel/character.

Impact on the Highway Network PPG13, and UDP policy A5 deal with highways issues and seek to ensure that provision is made to ensure road safety, appropriate car parking, suitable access, road design and public transport.

The proposed access roads and impact of the previous scheme who was the subject of a Transport Assessment which was submitted with the application which contained information on the impact of the development in relation to transport sustainability, accessibility, traffic flows and the highway network. The study concluded that the site has good accessibility to jobs, shops and services by a range of transport modes and that there would be no material detrimental impact on operation of the highway network in the locality.

153 This was confirmed by the Secretary of State's decision in 2006. The current proposal provides for an additional 3 dwellings from the site which is considered not to result in a significant increase in vehicular movements from the site.

On the previous permission car parking was at approximately 173% taking account of car parking courts, driveway parking and garaging.

Within the site the dwellinghouses would have a mix of 2 and 3 car parking spaces whilst the proposed apartments would have just over 125 % car parking. This is in line with the Council's car parking standards.

Impact on Ecology The Applicant submitted a update study with the application dealing with ecology and trees on the site. The protected species covered were Great Crested Newts and Water Voles.

A small number of trees will be lost to facilitate the new access road, embankment and bridge. The remaining trees will continue to provide visual screening and amenity value in the locality. The Tree and Woodland Officer has requested that a new tree belt be created adjacent to the proposed southern access road which will offset the loss of a number of trees. Amended plans to show this will be provided at the Committee meeting.

The applicant has provided a Japanese Knotweed and Himalayan Balsam remediation report to discharge the conditions on the extant permission. This is currently being considered by the Greater Manchester Ecology Unit and the Council's Landscape Design section whose comments will be reported at the Committee meeting.

No Great Crested Newts, Water Voles or other rare or endangered species were found. English Nature and Greater Manchester Ecology Unit raised no objection. However, conditions are recommended with regard to method statements for the control of Japanese Knotweed and Himalayan Balsam; and appropriate landscaping.

The comments of the Council's Tree and Woodland Officer on the latest site layout plans will be reported at the Committee meeting.

Some objectors have referred to the relationship of the site to a wildlife corridor. Formal designations exist north of the site at Hall Lee Bank Park (wildlife corridor and Site of Biological Importance), however, no such designations are identified on the application site. Whilst it is acknowledged that parts of the site have some wildlife value, no protected species have been found and there are no objections from English Nature and Greater Manchester Ecology Unit. The impact on the existing areas of undeveloped land will be minimal and there will be a net increase in green space and habitat as a result of the reinstatement of the car park adjacent to Lower Leigh Road as open space.

Whilst some initial site preparations have been undertaken including lifting of the concrete slabs on the main body of the site these have been completed to further the contaminated land remediation strategy. In addition, a number of filter beds adjacent to Hall Lee Brook have been removed. These filter beds were not shown for retention on either the extant planning permission or the current scheme. These beds were required to be removed as

154 they contained contaminants which could potentially have leached into the adjacent Hall Lee Brook. This material has now been removed from the site.

Impact on Existing Infrastructure Policy H3 of the UDP seeks to ensure that existing and potential infrastructure has the capacity to absorb the development. This applies to requirements for open space/children's play provision, education provision, affordable housing provision, provision for health care facilities and public art provision.

Due to the remediation costs of the overall scheme being £1.37 million, these costs were considered to be excessive so the Secretary of State was minded to restrict the provision of affordable housing to 7 units. Bearing in mind the proposal is for the provision of only an additional 3 units it is considered to be unreasonable to request further provision as this would prevent the site from being redeveloped.

In respect of the other s.106 matters the Council's Education section have requested a sum of £113,435.47 for education provision whilst a sum of £78, 936 would be required for open space provision. No contribution has been requested for public health facilities as this is considered to be beyond the remit of the application as discussed above.

These matters will be secured through a S.106 legal agreement.

Impact on Trees and Woodland Policy N7 and N8 of the UDP seek to ensure that development proposals should reflect the intentions of the Red Rose Forest by not encouraging tree felling and where this does occur adequate replacement planting is required.

In terms of the extant planning permission, whilst the approved plans did show the trees to be retained and those which had to be taken out to enable development. Whilst the principles had been established the trees were not offered any protection. The applicant has had meetings with the Council's Tree and Woodland Officer on site to ensure the majority of the trees will remain and to allow selected tree felling to occur.

Subsequently the Council's Tree and Woodland Officer has conducted a survey of the area and the Legal section are in the process of serving a tree protection order on the whole of the site. The proposed Tree Schedule is appended to this report.

Notwithstanding the above, the applicant is committed to protecting the trees within the site as part of a Landscape Management Plan for the application site. The existing trees are an integral part of the character of the site and the Management Plan provides for a 25 year management of the area. Therefore, as part of the development proposal this guarantees the long term management of the wider area.

Other Matters The residents at Green Vale House, Leigh Road have questioned the ownership and maintenance of the existing access adjacent to Green Vale House. Land ownership is not a matter to be considered in the determination of the application. However, the surfacing and drainage of this access will be secured by condition.

155

The car park at Lower Leigh Road is to be reinstated as green space. This represents an improvement to the local environment and returns this area to its previous state as open land within the Green Belt.

Conclusion The proposal is a relatively minor amendment to an extant planning permission seeking to provide an additional 3 residential units. It is considered that the proposal would result in the development of a previously developed and derelict site in a sustainable location with a good mix of property types. It is recommended that the proposal be deferred to the Director pending the signing of a legal agreement to secure all the on/off site contributions.

Recommendation: Delegate the decision to the Director

Recommended Conditions and/or Reasons

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

Reason

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

2. The type and colour of facing materials to be used for the external walls and roof(s) shall be in line with the approved Materials Layout plan Ref: 7126/01M Rev A unless otherwise agreed in writing by the Local Planning Authority.

Reason

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

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.

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

To ensure that the development is safe for use.

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

Reason

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

5. No development shall take place until a scheme of flood alleviation works, prepared in accordance with the revised flood risk assessment submitted 24 October 2007 which is compliant with guidance contained within PPS 25. This shall include an investigation into the culvert carrying Hall Lee Brook under the northern access road, has been submitted to and approved in writing by the Local Planning Authority. None of the dwellings shall be occupied until all the measures in the scheme have been implemented.

Reason

To ensure satisfactory means of drainage.

6. Trees and shrubs shall be planted on the site in accordance with a landscape scheme to be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall 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

157 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 started until the trees within shown to be retained and protected on the approved plans 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.

8. 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.

9. 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 7 has been erected.

Reason

10. The development hereby approved/permitted shall not be brought into use unless and until the open areas of the site have been walled/fenced and hard-surfaced entirely in accordance with the approved plan received on , and such fencing/walling retained thereafter.

Reason

To safeguard the visual appearance of the area.

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

Reason

To safeguard the visual appearance of the area.

12. No development shall take place until a method statement and programme for the removal of japanese knotweed and Himalayan Balsam has been submitted to and approved in writing by the Local Planning Authority. The work shall be carried out in accordance with the approved details.

Reason To eradicate invasive plant species from the site and to prevent the spread of these species.

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

158

Reason

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

14. 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.

15. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of Plots 16 to 19, 23 to 25, 28 to 33, 38 to 40 and plots 42 -45 inclusive other than those expressly authorised by this permission.

Reason

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

16. Before development commences, 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 the development 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

In the interests of the character of the area and highway safety.

17. Notwithstanding the provisions of Class A to Schedule 2 Part 2 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no fences, gates, or walls shall be erected within the curtilage of (any of) the approved dwelling(s) in front of the forwardmost part of any wall of the dwelling which fronts onto a highway or on Plots 16 - 20, other than those expressly authorised by this permission.

Reason

The development has been designed on an 'open plan' basis and fences and walls in these positions would spoil the appearance of the site.

18. None of the dwellings on plots 1 - 70 shall be occupied until the southern access road has been constructed in accordance with details to be submitted to and approved by the Local Planning Authority.

Reason

In the interest of highway safety.

159 160

19. None of the dwellings on plot 71 to 78 shall be occupied until the northern access road has been constructed in accordance with details to be submitted to and approved by the Local Planning Authority.

Reason

In the interest of highway safety.

161

163 164 165 166 167 168

Date of Meeting: 13 December 2007 Item Number: 15

Application Reference: 77912/07

Type of Application: Outline Planning Permission Registration Date: 09/08/2007 Decision Due By: 04/10/2007 Responsible Andrew McGlone Officer:

Location: HOSKERS NOOK FARM, EATOCK WAY, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 2RB

Proposal: OUTLINE APPLICATION TO DEMOLISH EXISTING HOUSE AND ERECTION OF 6 NO. DETACHED DWELLINGS (ACCESS DETAILS ONLY)

Ward: Westhoughton South

Applicant: Mr J Steel Agent :

Officers Report

Proposal Outline permission is sought for the demolition of the existing dwelling and the erection of six detached dwellings. This application considers access details only. An illustrative layout has been submitted to show that the development applied for, ie. Nos of dwellings can reasonably be accommodated within the site.

Site Characteristics The site is the former Hoskers Nook Farm with modern residential development now surrounding the site. Access is proposed off Eatock Way opposite the junction between The Pungle and Eatock Way. The Pungle lies to the south west of the site and Eatock Way which is a scheme which provides an affordable housing development. Numerous trees and shrubs of notable quality populate the site; all provide good screening for the property and those backing onto it.

Since the 1980’s the original farm house has been expanded and some of the character has been lost and the house is double its original size. It is set within a large plot of land offering substantial interface distances between the surrounding properties on Parkway.

Policy National Policy PPS3 Housing

UDP Policy A5 Roads, Paths, Car Parking and Servicing; A6 Car Parking Provision; A17 Pedestrians; A19 Road Schemes / Improvements; D2 Design; D3 Landscaping; EM2 Incompatible Uses; H3 Determining House Applications; N7 Tress and Woodlands; N8 Protected Trees

PCPN2 Space around Dwellings; PCPN3 House Extensions; PCPN7 Trees; PCPN10 Crime; PCPN27 Housing Development 169

History Application 23137/84 was approved subject to conditions in July 1984 for the erection of a single storey building to form a double garage and four stables in the garden.

Application 14512/80 was approved subject to conditions in July 1980 for the erection of porches to the farmhouse and bungalow.

Technical Consultations Bolton Council – Highway Engineers – the revised plan showing access and visibility splays is acceptable. Bolton Council – Pollution Control Unit – no objections in principle, but further investigations are required and gas protection measures should be submitted at a later date. A watching brief should be carried out and condition CL02 is recommended.

Bolton Council - Tree and Woodland Officer – in consultation with the applicant, a request for improved clearance to the Oak and Holly trees has been satisfied. In terms of the other two protected trees no solution could be found to ensure their retention. As a consequence it has been agreed that trees lost will be replaced as part of the necessary landscaping scheme to mitigate their loss.

Bolton Council – Landscape Development – the proposed sight lines from the access point on to Eatock Way will dictate the loss of the existing frontage along Eatock Way. Suitable replacements should be inserted upon implementation. The existing hedging on the rear boundary should be retained and a full landscape scheme should be conditioned.

Greater Manchester Ecology Unit – the bat survey submitted as part of this application does not suggest there is any evidence of bats and the house is considered to have minimal potential for roosting bats. It is recommended if the building has not been demolished by May 2009 a repeat survey is undertaken.

United Utilities – no objections.

Representations Letters – 7 letters of objection were initially submitted against this application. A summary of the comments:

• Loss of privacy and insufficient interface distances • The proposal will be to the detriment of highways safety and will open out onto a blind bend • The development would result in the loss of habitats for wildlife • The site contains some mature trees and shrubs, deserving of retention • The existing building is of character and the area would loose this if the development goes ahead

Other comments have been made, but they are not planning considerations:

• Restriction of light

170 • There is no need for additional housing in this area • Are there any asbestos / mining issues

Further consultation was undertaken following submission of amended plans; several further comments were made:

• The fencing and screening should be maintained • The existing building should be kept as it will maintain the character of the area • Privacy would diminish with the proposed layout • The proposed development is not in keeping with the remainder of Parkway • The protected tree roots may be disturbed by this development • Properties on Parkway are still being overlooked, policy guidelines should be followed. • The rumble strips applied to the proposed access point will not provide adequate protection for highway users • The layout of the dwellings would ensure the properties will directly face each other, thus contravening the design applied to the development on Parkway to ensure privacy of occupants.

Town Council - raise objection to the proposal for a number of reasons; visibility would be sub standard when leaving the site, the additional access point would be detrimental to highway safety. Also the development would result in the loss of landscaping and vegetation resulting in the loss of character to the site and the wider area, furthermore the Town Council have ecological concerns.

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 Highway Safety * impact on the Privacy and Amenity of Residents * impact on the Trees, Shrubs and Wildlife

171 Impact on the Character and Appearance of the Area This site was originally the farm house and farm complex for an extensive agricultural unit and the open areas of the farm now form the residential estate developed on Parkway and The Pungle. The existing building is isolated in terms of the overall character of the surrounding area and is now effectively not consistent with the main developed character locally.

UDP Policy D2 requires that development is compatible with or improve its surroundings.

The area contains in the main detached dwellings to the rear and semi detached properties to the front. The layout of this proposal mirrors the footprint of each and is considered to be in scale with the adjacent areas.

Introducing additional housing to this area on this site would mirror the surrounding area and in considering the appropriateness of this proposal it is thought the development of the site contributes to the efficient use of the land in density terms with the existing house being a less attractive building in term of continued residential use.

Impact on Highway Safety The proposal entails the re-location of the existing access point along Eatock Way along with improvements such as widening the access and creating foot ways for pedestrian movement. The highway engineer has sought improvements to the junction which resolve the concerns raised by local residents on highway safety. The improvement will include changes in road surface treatment and a requirement by condition that an improved visibility splay be provided at reserved matters stage. Adequate car parking provision can be provided for each dwelling in the form of 2 spaces per house. This complies with policy. Residents have raised concerns about the access road causing damage to the roots of protected trees. The T&WO has considered this and does not consider that this will be the case.

Impact on the Privacy and Amenity of Residents This site is surrounded by residential properties on Parkway to the side and rear, whilst The Pungle faces the site to the south west of Eatock Way. PCPN2 advises two storey properties where principal windows directly face one another should maintain a minimum distance 21 metres interface. For properties where principle windows face a blank elevation a distance of 13.5 metres should be maintained. The layout of the properties in general complies with these requirements. One point in the illustrative layout does show a shortfall in the set interface standard however it not considered that this can be used to sustain a refusal as the properties affected, (plot 1 on the development site and 47 Parkway) would not directly face one another and are set at an oblique angle. Members should also note that no objections have been made from this address. Impact on the Trees, Shrubs and Wildlife Existing trees and shrubs make a contribution to the character and appearance of this site, as well as providing substantial screening to adjoining properties. Comments from the

172 T&WO and landscape support the notion that this is a fundamental element of the development of this site. Policies N7 and N8 seek to preserve areas of character and amenity. A TPO has been made for Oak and Holly trees within this site whilst the Popular and Ash will be replaced with suitable replacements. Good screening to the rear of the property is critical to ensure the character is maintained. A full landscape scheme is required to ensure provision is made.

Conclusion This proposal satisfies both national and local policy in respect of the principle of the development of this site and is considered to reflect the overall residential pattern to the surrounding area. The application is therefore recommended for approval subject to conditions regarding the submission of details at reserved matters stage.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. Application for the approval of Reserved Matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason

Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

To ensure that the development is safe for use.

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

Reason

In the interests of highway safety.

4. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 90 metres is provided at the junction with Eatock Way ,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.

5. 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.

6. 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.

174 Reason

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

7. No development shall be started until a minimum of 14 days notice in writing has been given to the Local Planning Authority that the protective fencing referred to in Condition 5 has been erected.

Reason

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

Layout The way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development;

Scale The height, width and length of each building proposed in relation to its surroundings;

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

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

Reason

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

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

Reason

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

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177 178

Date of Meeting: 13 December 2007 Item Number: 16

Application Reference: 78449/07

Type of Application: Full Planning Application Registration Date: 24/09/2007 Decision Due By: 19/11/2007 Responsible Andrew McGlone Officer:

Location: DUKE OF WELLINGTON, 60 ST JOHNS ROAD, BOLTON, GREATER MANCHESTER, BL6 4HA

Proposal: ERECTION OF TIMBER FRAMED CANOPY AT REAR.

Ward: Westhoughton North

Applicant: Punch Taverns PLC Agent : R.F.T. Project Management Ltd

Officers Report

Background

This application was deferred at the last meeting to enable Members to visit the site.

Proposal It is proposed to erect a timber frame canopy at the side of the public house to form a smoking shelter.

Site Characteristics The public house is located on St Johns Road in Chew Moor. The site is within a residential area, with properties facing the entrance to the public house, whilst to the rear land falls within the green belt.

A relatively large car park adjoins the public house; it contains two access points and provides open views across onto the proposed siting of the smoking shelter.

Policy UDP Policy A6 Car Parking Standards; D2 Design; EM2 Incompatible Uses

History Application ref: 70802/05 was approved with conditions in May 2005. It proposed the erection of various illuminated signs on the public house.

Application ref: 55529/99 proposed the erection of a range of signs to the building, ranging from fascia signs, logos and amenity boards. The application was approved with conditions in September 1999.

A proposal for the installation of a external fire escape was approved with conditions in January 1985. Application ref: 24338/84.

179 Technical Consultations Bolton Council - Highway Engineers – no objections.

Bolton Council - Environmental Health Officers – no objections subject to any approval being granted on a one year permission to assess the impact of noise on the neighbouring residential properties.

Bolton Council – Access Group – level access must be provided.

Greater Manchester Police - Crime Prevention Officers – no objections.

Representations Letters – no representations have been received for this application.

Members – Councillor Peel requested this application be presented to Committee.

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

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

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

The main impacts of the proposal are:-

* impact on the Character and Appearance of the Area * impact on the Car Parking Provision * impact on Residential Amenity

Impact on the Design and Appearance of the Public House The shelter is relatively simple in design, using a timber frame and polycarbonate roof. A lean to structure would be used to create this shelter, allowing all three sides to be open to the air, preventing a build up of smoke within the shelter.

UDP policy D2 seeks to ensure a good standard of urban design is adhered to and any proposal must be in keeping or improve their surroundings. The public house is a relatively old building with a render finish; it provides a focal point along St Johns Road.

Given that the shelter would be located in the car park, it would be visible to the general public at all times. The shelter does not add character or architectural merit to the building,

180 nor is it compatible. Taking both points into consideration the proposal does not therefore comply with policy D2 of the UDP. Impact on the Car Parking Provision The shelter is proposed to be adjacent to the existing car park and would lead to an increased number of people being in this vicinity. The location however is not thought to be to the detriment of car parking provision or safety within the car park. Highway Engineers raise no objection to the proposal. The proposal is therefore considered to be acceptable in this aspect. Impact on Residential Amenity Residential properties face the public house on St Johns Road. Properties from no. 101 through to 113 would have an interrupted view across the car park and into the area where the shelter is to be positioned. Distances between 23 metres and 48 metres would be observed.

This is thought to be a sufficient separation distance to ensure noise does not disrupt residents in these properties. Furthermore no objections have been received with regards to this element.

Conclusion This proposal does not contribute to good urban design. Members are recommended to refuse this application.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed smoking shelter by virtue of its design, and siting is out of keeping with the character of the area and the design and appearance of the host building and fails to contribute to good urban design, to the detriment of visual amenity and is contrary to Policy D2 of Bolton's Unitary Development Plan.

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183 184

Date of Meeting: 13 December 2007 Item Number: 17

Application Reference: 78640/07

Type of Application: Full Planning Application Registration Date: 15/10/2007 Decision Due By: 10/12/2007 Responsible Andrew McGlone Officer:

Location: 692 CHORLEY ROAD, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 3NL

Proposal: CHANGE OF USE OF DETACHED SUMMER HOUSE/GAMES ROOM INTO ONE DETACHED DWELLING

Ward: Westhoughton North

Applicant: Mr & Mrs Fielding Agent :

Officers Report

Proposal The proposal is for the change of use of a detached summer house / games room. This building was constructed following a certificate of lawfulness application which determined the building could be erected under permitted development rights as it is ancillary to the main dwelling.

Site Characteristics The site lies within the Green Belt. The site contains an existing dwelling which has recently been extended and a summerhouse in the rear garden. To the south of A6 is Station House Farm, whilst on the northern boundary is the Ramada Jarvis Hotel. Fronting the A6 and to the south are a number of terraced properties.

Access into this part of the site is down an existing access off Chorley Road in between no. 684 and 682; this is shared with a public right of way.

Policy National Policy PPG2 Green Belt; PPS3 Housing

UDP Policy A5 Roads, Paths, Car Parking and Servicing; A6 Car Parking Standards; D2 Design; EM2 Incompatible Uses; G1, G2 and G3 Green Belt; H3 Determining Housing Applications; R5 Landscape Character

PCPN2 Space around Dwellings; PCPN3 House Extensions; PCPN10 Crime; PCPN27 Housing Development

History Application 60260/01 was submitted for outline permission for the demolition of the existing property and the erection of an apartment block, together with the laying out of a parking 185 area and conversion of the two outbuildings into two dwellings. This was refused in November 2001.

Application 66692/04 was a certificate of lawfulness application for the use of the land as a garden area. This was approved in February 2004.

Application 72895/06 proposed the erection of a summerhouse / recreation facilities within the garden. This was a certificate of lawfulness application and was approved as permitted development in February 2006.

Application 73357/06 was granted permitted development for the certificate of lawfulness to erect a single storey outbuilding. This was approved as permitted development in March 2006.

Application 76835/07 was for the erection of a two storey extension at the rear of the dwelling, this was approved subject to conditions in May 2007.

Application 78639/07 proposed the conversion of part of the ground / first floor into two self contained apartments.

Technical Consultations Bolton Council – Highway Engineer – no objections in principle subject to a plan demonstrating the visibility splay being provided.

Bolton Council - Pollution Control Unit - no Phase 1 desktop study has been submitted. Recommend until a satisfactory one is submitted the application be refused.

Bolton Council – Public Rights of Way Officer – no objections in principle subject to the surface of the public right of way being improved to a standard for both pedestrian and vehicular traffic until the point where traffic would deviate off to the left.

Representations Letters – there has been one letter commenting on the application, concerns are raised about the need for parking in between no.’s 684 and 682 Chorley Road and the public right of way should remain should approval be granted.

Members – Councillor Wilkinson has requested this application to go before committee with an advanced site visit if recommended for approval.

Westhoughton Town Council – deferred the application for further information at November’s meeting after concerns were raised about the summerhouse being used as a dwelling at this time. Members are advised that an inspection has been carried out and Officers confirm that the building is NOT in use as a dwelling at this point in time.

186

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 Openness of the Green Belt * impact on Highway Safety and the Public Right of Way * impact on the Character and Appearance of the Area * Other Matters

Impact on the Openness of the Green Belt The site lies within the Green belt but the proposal represents a conversion of a building rather than the erection of a new one. The summerhouse is within an existing garden which is well screened on all boundaries. The impact of the proposal would therefore not have a materially greater impact on the openness of the green belt.

This proposal is not contrary to green belt policies.

Impact on Highway Safety and the Public Right of Way Access into the site is between 684 and 682 Chorley Road which is also a designated public footpath. The applicant does use this access at present but the proposal would see its use intensify, as occupiers of properties adjoining the access use this space to park. Highway Engineers do not raise concern at this arrangement, subject to an adequate visibility splay being achieved. However given the layout of properties at the entrance onto Chorley Road it is not considered that the applicant could enhance the visibility splay. Public rights of way do not object to the use of this access as it would not close nor obstruct its use. A condition has been inserted to ensure the access is surfaced up to the point were the vehicular access veers off to the left. Impact on the Character and Appearance of the Area The garden is of a substantial size and is well screened on all boundaries by trees/hedges together with 2m high fence. The part of the site under consideration is not visible from much of the surrounding area.

The erection of the summerhouse was completed following a certificate of lawfulness application. It was decided the development was permitted development, since it is ancillary to the sites use. A relatively high standard of design has been used and it is of reasonable size. The building is not thought to be to the detriment of the character or appearance of the area in its' scale or appearance.

187 Other matters The Pollution Control officer recommends that the application be refused until a phase 1 study has been submitted. Given the building is already built and this proposal represents a conversion only this is an unnecessary requirement for the applicant.

It is recommended to remove the permitted development rights for this site should an approval be granted.

Conclusion Members are recommended to approve this application subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

To ensure adequate standards of privacy are obtained.

3. The development hereby approved/permitted shall not be brought into use unless and until the vehicular access between no.684 and no.682 Chorley Road to the point where vehicular traffic veers off to the left to enter the site edged in red has been laid out, drained and surfaced in accordance with details to be submitted to and approved by the Local Planning Authority and shall thereafter be made available for the parking of cars at all times the premises are in use.

Reason

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

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

Reason

The site lies within the Green Belt as defined within the Council's Unitary Development Plan, and further extensions could prejudice the aims and purposes of the Green Belt.

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

Reason

To safeguard the architectural character and appearance of the dwelling.

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