Manchester City Council Item 5 - List No. 3 Area Committee 17 November 2011

Application Number Date of Appln Committee Date Ward 097225/FO/2011/S2 31 Aug 2011 17 Nov 2011 Ward

Proposal Erection of ground floor communal entrance with extended bin store, installation of access ramp and enclosure of communal stairway with glazing panels Location 2-6a Gatwick Avenue And 1-11 Hilditch Close, Baguley, , M23 1NE, Applicant Mr Glenn Millward, Parkway Green Housing Trust, Parkway Green House, 460 Palatine Road, Northenden, Manchester , M22 4DJ Agent Mr David Farr, Arcus Consulting LLP, Corner House, 177 Cross Street, Sale, M33 7JQ

Description

This application was previously placed before a meeting of the Wythenshawe Area Committee on 27 th October 2011 with a recommendation of minded to approve (Subject to the expiry of consultation period on 31st October and no new issues being raised). At that meeting the Wythenshawe Area Committee deferred the application to allow for further consultation to take place between the applicant and residents to seek to overcome the objections and concerns raised in the meeting, and to allow the applicants to attend Wythenshawe Area Committee to answer any questions raised by the Committee.

The application sites are four, 2 storey block of flats located on Hilditch Close and Gatwick Avenue in the ward of Baguley namely 2-6a Gatwick Avenue and 1-11 Hilditch Close. The area is predominantly residential however to the south of Gatwick Avenue, stands Baguley Hall, a Grade I listed building and Scheduled Ancient Monument.

The applicant is proposing to erect ground floor communal entrances which incorporate a bin store and to enclose the communal stairway with glazing panels at each of the four block of flats. In addition the proposal also seeks to create an access ramp from Hall Road to the flats at 2-6a Gatwick Avenue

Consultations and Notifcations

Local residents – 16 letters and a petition containing 16 signatures from the local residents who live in Hilditch Close has been received. The comments are summarised below:

1. The applicant should have served notice to all residents and leaseholders with declaration of ownership under certificate B. The plan clearly shows that the extension would be built on the Party Walls of the owner occupied flats 9, 11 and 11A Hilditch Close, this is a requirement of the Party Wall Act of 1996 and as such the application should not have been accepted.

67 Item 5 - List No. 3 Wythenshawe Area Committee 17 November 2011

2. The applicant has not declared that waste storage (question 7 on the application form) is part of the planned renovation and should be stipulated and declared. 3. The proposal would be out of scale with the existing and neighbouring properties in terms of height and overall size therefore the proposal would have a negative impact on the residential amenity. 4. The proposal would further impact the residential amenity; • As the residents would have to negotiate 3 doors before accessing their properties; • The proposal would overshadow the adjoining properties which would block light into living and bed room windows and the residents view from said rooms. • There would be an increase in the level of activity from the comings and goings of residents and the collection and disposal of the bins. This would increase the noise disturbance and visitors awaiting admittance would be in direct sight of the ground floor residents’ windows which would give the perception of being overlooked and affect their privacy. 5. The construction process presents potential hazards in the form of building dust, noise, pollution and the movement of heavy machinery in this small residential street, This in turn would impact the parking which at present has a capacity of 9 cars for 22 households. 6. The proposal would hinder the access of the emergency services would have to negotiate two extra locked doors to gain access to the building. 7. The proposed material steel, brick and glass along with the enclosure of part of the 1 st floor balcony walkway would adversely affect the appearance of the building which have been built to emulate a cottage style community which is a quiet green cul de sac with open balcony walkways and entrances where the surrounding trees and bushes can been seen giving a pleasant space. The proposal would changes this aspect of spaciousness to a enclosed ‘prison- like’ appearance. 8. The application also states that there are no trees or hedges on the site. This is incorrect the hedge of No. 11 Hilditch Close does not appear on the application plans and would have to be removed. The plans also do not indicate the trees or hedges and communal gardens to the front, side and rear which would be affected by the machinery and construction. 9. Inadequate consultation with the residents from the applicant.

Residents of Gatwick Avenue – No objections or comments have been received from the residents of Gatwick Avenue.

English Heritage (NW Region) – The application(s) should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

Greater Manchester Police (Design for Security) - No objection to the proposals subject to it adhering to Secured by Design principles.

Wythenshawe Regeneration Team – Any comments will be reported at the committee.

68 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 17 November 2011

Issues

Unitary Development Plan (UDP) - There are no site-specific policies relating to the application site. However the following city-wide policies are relevant to this proposal:

Policy H2.2 states that the Council will not allow development that will have an unacceptable impact on residential areas. The matters that the Council will consider include the scale and appearance of the development and its impact in terms of noise, vibration, traffic generation, road safety and air pollution.

Policy DC19 states that in determining applications for listed building consent or planning applications for development involving or having an impact on the buildings of Special Architectural or Historic Interest, the Council will have regard to the desirability of securing the retention, restoration, maintenance and continued use of such buildings and to protecting their general setting.

Guide to Development in Manchester Supplementary Planning Guidance (2007) - Different parts of the City, its neighbourhoods and streets have distinct or individual characters which are a product of the design of their buildings, the nature of the streets, the quality of the landscape or the nature of their activities. Such positive characteristics should be recognised and enhanced by new development. Each new development should be designed having full regard to its context and the character of the area.

Planning Policy Statement One (PPS1) - PPS1 sets the overarching planning policies on the delivery of sustainable development through the planning system. In terms of design, the document states: -

“Planning Authorities should plan positively for the achievement of high quality design and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take opportunities available for improving the character and quality of an area and the way it functions, should not be accepted”

North West of Plan Regional Spatial Strategy (RSS) to 2021 (adopted September 2008) – The following policies are considered to be of relevance:

Policy DP1, 'Regional Development Principles', states that proposals and schemes should be located so as to make effective use of land, buildings and infrastructure and a sequential approach to development should be adopted to meet development needs.

Policy DP2, "Promote Sustainable Communities", states that sustainable communities should meet the diverse needs of existing and future residents, promote community cohesion and equality and diversity, be sensitive to the environment and contribute to a high quality of life, particularly by taking into account the economic, environmental, social and cultural implications of development.

69 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 17 November 2011

Principle of the Proposal - The principle of the proposal is considered acceptable. Notwithstanding this, consideration must be given to the proposal’s impact upon existing levels of residential amenity.

Residential Amenity - The perceived disamenity relates to the comings and goings of residents and visitors accessing the communal entrances and refuse storage areas. In particular residents are concerned with a loss of privacy and the perception of being overlooked, however it should be noted that the actual locations of the entrances are not changing. As a consequence of the proposed doors, there may be instances of visitors waiting to gain entrance to the flats, however this would not be detrimental to the amenity currently enjoyed by the residents, as the minimum distance is 2 metres from residential entrance at 7-11 Hilditch Close and 2.5 metres at the 1-5 Hilditch Close, 2-10 Hilditch Close and 2 - 6 Gatwick Avenue.

It is acknowledge that there may be noise generated by the opening and closing of the proposed doors, though it is not considered that this would have a detrimental impact upon current levels of residential amenity.

The construction of the proposal including the types of machinery used and its impact on parking are not material planning considerations.

Design - The design of the proposed entrances and extended refuse storage consists of a single storey brick structure with a glass re-enforced polyester (GRP) lean to roof. It is proposed that there would be three doors, one for the access to the residential area (secure access provided by a fob and intercom system), one for the refuse storage area and one to allow access from the rear of the buildings. At first floor it is proposed that a section of the rear balcony would be enclosed with steel framed glazed and solid panels, access to the rest of the balcony would be provided by two doors to either side of the structure. To the front of the buildings it is proposed that new glazing and frame with louvers would be installed.

Scale and Mass – The proposed entrances are single storey to height of 3 metres, a width of 3.5 metres and would have a forward projection of 1.3 metres. It is therefore considered that this would not result in a large or bulky structure and would instead be subservient to the main building. In terms of overshadowing, due to the size of the structure it is considered that the impact would be negligible on the ground floor rooms.

Disabled Access – The agent has indicated that the ramp would be in accordance with Approved Document M. However the final design has not been submitted as a consequence a condition has been attached to ensure that prior to commencement details of the ramp should be submitted to and approved by the Council.

Siting – The applicant seeks to erect the communal entrances and bin store at the existing entrances. The applicant also seeks to install a new ramp which would replace the existing and likewise would be situated in the same position. The siting of the entrances and ramp are considered to be appropriate.

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Impact upon Listed Building – Given the siting of the proposed works to Gatwick Avenue in respect of Baguley Hall, it is not considered that the proposal would have a detrimental impact upon the setting of the listed building.

Refuse – The existing refuse storage areas are being extended as part of the new entrances. At present the existing stores currently hold a wheeled bin at the bottom of the refuse chute and it is proposed that this arrangement will remain. An amended question 7 has been submitted to clarify this.

Ownership – A Certificate of Ownership has been signed by the agent to confirm that the applicant is the owner of any part of the land or building to which the application relates. However due to the issue of ownership raised by the objectors the applicant and agent were asked to demonstrate that they were the owners and that the correct certificate had been signed. This was confirmed in an e-mail (received 5 th October) that the areas identified for the new works are solely under the ownership of Parkway Green Housing Trust.

Trees & Hedges – The plans do not indicate that any tree or hedge will be removed.

Security - At present the communal stairways can be accessed without any hindrance and by enclosing the stairways with glazing and communal doors it is considered the proposal would improve the security for the residents.

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

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

Recommendation APPROVE

on the basis that the proposal is in accordance with the City Council's Unitary Development Plan, in particular the following policies and there are no material considerations of sufficient weight to indicate otherwise. In coming to this conclusion the Head of Planning has taken into account the Information provided with the application.

71 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 17 November 2011

Policy H2.2 states that the Council will not allow development that will have an unacceptable impact on residential areas. The matters that the Council has considered include the scale and appearance of the development and its impact in terms of noise, vibration, traffic generation, road safety and air pollution. It is considered that the proposal would comply with the policy.

Policy DC1 provides criteria to be considered in determining applications for extensions to residential properties. The proposal complies with the policy.

Policy DC19 states that in determining applications for listed building consent or planning applications for development involving or having an impact on the buildings of Special Architectural or Historic Interest, the Council will have regard to the desirability of securing the retention, restoration, maintenance and continued use of such buildings and to protecting their general setting. It is not considered that the proposal would have a detrimental impact upon the setting of the listed building.

Conditions and/or Reasons

1) The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2) No development that is hereby approved shall commence unless and until samples and specifications of all materials to be used on all external elevations of the development have been submitted to and approved in writing by the City Council as local planning authority. The development shall be constructed only using the approved materials unless otherwise agreed in writing by the City Council as local planning authority.

Reason - To ensure that the appearance of the development is acceptable to the City Council as local planning authority in the interests of the visual amenity of the area within which the site is located, as specified in policy H2.2 of the Unitary Development Plan for the City of Manchester.

3) The development hereby approved shall be carried out in accordance with the following drawings and documents unless otherwise agreed in writing by the City Council as Local Planning Authority: Drawing No 28, 26, 25, 23, 21, 20 and 19 stamped as received by the City Council as Local Planning Authority on the 31st August 2011.

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Reason - To ensure that the development is carried out in accordance with the approved plans. Pursuant to policy H2.2; of the Manchester Unitary Development Plan.

4) No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the position, design, materials and type of ramp to be erected. Development shall be carried out in accordance with the approved details and shall thereafter be retained.

Reason - To ensure that the appearance of the development is acceptable to the City Council as local planning authority in the interests of the visual amenity of the area within which the site is located in order to comply with Policies H2.2 of the Unitary Development Plan for the City of Manchester and Design for Access 2.

5) Prior to the commencement of development a crime prevention plan shall be submitted to and approved in writing to the City Council as Local Planning Authority. This shall include measures to demonstrate how Secured by Design principles can be incorporated into the development. The development shall only be carried out in accordance with the crime prevention plan and shall not be brought into first use until the City Council as Local Planning Authority has acknowledged in writing that it has received written confirmation that the crime prevention plan has been implemented.

Reason - To reduce the risk of crime pursuant to Policy E3.5 of the Unitary Development Plan of the City of Manchester and to reflect the guidance contained in Planning Policy Statement "Delivering Sustainable Development".

Local Government (Access to Information) Act 1985

The documents referred to in the course of this report are either contained in the file(s) relating to application ref: 097225/FO/2011/S2 held by planning or are City Council planning policies, the Unitary Development Plan for the City of Manchester, national planning guidance documents, or relevant decisions on other applications or appeals, copies of which are held by the Planning Division.

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

Wythenshawe Regeneration Team English Heritage (NW Region) Police 1 - 11 Hilditch Close, Manchester, M23 1ND 1A-11A Hilditch Close, Manchester, M23 1ND 1 - 12Gatwick Avenue, Manchester, M23 1NE 2A – 6A Gatwick Avenue, Manchester, M23 1NE 1 – 15 Floatshall Road, Manchester, M23 1WE 1 – 13 Oakmoor Road, Manchester, M23 1WL 92 -94 Hall Lane, Manchester, M23 1NG 67 -69 Hall Lane, Manchester, M23 1NP Flat 1 - 36, Lantern Court, 106 Hall Lane, Manchester, M23 1DJ

73 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 17 November 2011

Representations were received from the following third parties:

English Heritage (NW Region) 1 Hilditch Close, Manchester, M23 1ND 11 Hilditch Close, Manchester, M23 1ND 3 Hilditch Close, Manchester, M23 1ND 4 Hilditch Close, Manchester, M23 1ND 5 Hilditch Close, Manchester, M23 1ND 6 Hilditch Close, Manchester, M23 1ND 9 Hilditch Close, Manchester, M23 1ND 1A Hilditch Close, Manchester, M23 1ND 2A Hilditch Close, Manchester, M23 1ND 3A Hilditch Close, Manchester, M23 1ND 5A Hilditch Close, Manchester, M23 1ND 6A Hilditch Close, Manchester, M23 1ND 7A Hilditch Close, Manchester, M23 1ND 8A Hilditch Close, Manchester, M23 1ND 9A Hilditch Close, Manchester, M23 1ND

Relevant Contact Officer : Robert Tyrer Telephone number : 0161 234 4068 Email : [email protected]

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