Planning Applications Report Planning

Planning Applications Report

Planning Committee

18 September 2008

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

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

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

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

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

The following abbreviations are used within this report: -

UDP The adopted Unitary Development Plan 2005 RSS Regional Spatial Strategy for the North West of England PCPN A Bolton Council Planning Control Policy Note PPG Department of Communities and Local Government Planning Policy Guidance Note MPG Department of Communities and Local 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

80587/08 1 ASBR HORROCKS FOLD FARM, BELMONT ROAD, BOLTON, BL1 7BX

80687/08 2 BMET SS OSMUND AND ANDREW ROMAN CATHOLIC PRIMARY SCHOOL, FALKIRK DRIVE, BOLTON, BL2 6NW

80765/08 3 BRAD 10 BROOK BANK, BOLTON, BL2 4LA

80484/08 4 CROM LAND AT ULLESWATER STREET & ELMFIELD STREET, BOLTON.

80771/08 5 CROM 526 BLACKBURN ROAD, BOLTON, BL1 8NW

80481/08 6 FARN UNITS 7 & 10 CENTURY MILL, GEORGE STREET, FARNWORTH, BOLTON, BL4 9QT

79736/08 7 HALL LAND AT CHURCH WHARF, BOLTON

80311/08 8 HOBL LAND AT REAR OF 175-211 STATION ROAD, BLACKROD, BOLTON.

80628/08 9 HOBL 55 CHORLEY ROAD, BLACKROD, BOLTON, BL6 5JU

80643/08 10 HONE BROWN COW, 36 CHURCH STREET, HORWICH, BOLTON, BL6 6AD

80691/08 11 HULT GILDED HOLLINS, SALFORD ROAD, BOLTON, BL5 1BZ

80557/08 12 TOHA 6 THICKETFORD ROAD, BOLTON, BL2 2LP

13 HELO CONFIRMATION OF THE BOLTON (127/131 JUNCTION ROAD) TREE PRESERVATION ORDER 2008

3 4 Date of Meeting: 18 September 2008 Item Number: 1

Application Reference: 80587/08

Type of Application: Full Planning Application Registration Date: 18/07/2008 Decision Due By: 12/09/2008 Responsible Oliver West Officer:

Location: HORROCKS FOLD FARM, BELMONT ROAD, BOLTON, BL1 7BX

Proposal: ERECTION OF FOUR STABLES, ONE MENAGE AND ONE TACK ROOM

Ward: Astley Bridge

Applicant: Mr John Taylor Agent : P Wilson & Company

Officers Report

Proposal This application seeks permission for an equestrian development in the green belt comprising four stables, tack room and ménage. Horses would be grazed on adjoining land.

Site Characteristics The site is on upland moorland currently used for agricultural grazing. It is rough poorly- drained grassland. Horses are already grazed on adjoining land without causing harm. The site slopes away from Scout Road towards Horrocks Fold, accessed from Belmont Road. The location of the stables and ménage is in a dip in the land some distance from the site boundary meaning it would be only partly visible from Scout Road.

Policy Unitary Development Plan 2005: G1, G2 Green Belt D2, D3 Design A5, A16 Highways & Rights of Way R5 Upland Moorland Hills M2 Sandstone/gritstone EM2 Incompatible Uses

Planning Control Policy Notes: PCPN 28 Equestrian Developments

History Planning application 78388/07 for the construction of 8 stables, store, ménage, and access track, was withdrawn in November 2007.

Technical Consultations Bolton Council - Environmental Health Officers:- manure and bedding should be stored so as to avoid any impact on neighbours. Nothing should be burned at the site.

Bolton Council - Highway Engineers:- have no objections but state that Footpath BOL036 lies within close proximity to the proposal and must remain unaffected.

Peak & Northern Footpaths Society:- no objection provided a condition is attached requiring that the nearby footpath should not be obstructed, or that a temporary obstruction should have a diversion in place.

Greater Manchester Ecology Unit:- have no objections.

Representations Letters:- 4 letters of objection have been received from nearby residents raising concerns over disposal of water and manure, and access. There are concerned over possible access from Belmont Road via Horrocks Fold which would worsen existing problems with safety and disturbance (see below). However, this is not proposed.

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 greenbelt and landscape character * impact on access * impact on waste disposal

Impact on the Greenbelt and Landscape Character The site is located in the green belt and upland moorland landscape character area. The use proposed would be non-agricultural. PPG2 seeks to prevent loss of openness in the green belt but does allow for certain uses including outdoor sport and recreation. A ménage, with small-scale stables & store, is an acceptable green belt use. Horse passports have been provided establishing the need of the applicant for the development.

6 No levels information has been provided and the undulating nature of the site makes it important to evaluate the effect on the landscape from any engineering. This should be agreed as a condition of any approval.

The Greater Manchester Ecology Unit does not have concerns over the impact on wildlife.

Subject to conditions this revised scheme meets policies G2, R5 and PCPN 28.

Impact on Access Neighbours have written to object to the proposal raising concerns over access. They state that the current access through Horrocks Fold from Belmont Road is inadequate. The applicant has stated that the only access to the site will be from Scout Road so these concerns are not relevant. To ensure this remains the case it should be a condition of any approval that no access is taken from Belmont Road. By negotiation, it has been agreed that there will be no hard surfaced access track across the site from Scout Road to the stables in order to prevent harm to the landscape. Vehicular access would be to a pull-in from Scout Road with access on foot/by horse over the moorland to the stables. Occasional access would be needed for deliveries of foodstuffs, etc. but these should be no more than once per month on average, by condition. This would be an improvement on the current agricultural use which has no such restrictions. Subject to these arrangements the proposal meets policies A5, G2 and R5.

Impact on Waste Disposal The Council's environmental health officers have recommended certain conditions be attached to any approval in order to prevent nuisance to nearby occupiers. These include smells, smoke and run-off. Conditions should specify no burning on site and suitable storage/removal of bedding and manure. Subject to this the proposal meets policy EM2.

Value Added to and by the Development The development will make the land more productive and will provide extra facilities for the site owner.

Conclusion Approval is recommended 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. The site shall be drained in accordance with a drainage scheme to be submitted to and approved in writing by the Local Planning Authority before the commencement of development.

Reason

To ensure a satisfactory form of restoration.

3. No waste materials shall be burnt on the site.

Reason

For avoidance of doubt.

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

Reason

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

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

Reason

In the interests of highway safety.

7. 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 Belmont Road.

Reason

In the interests of highway safety.

8. Prior to the commencement of development a scheme for the storage of stable manure and bedding shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full before the development is brought into use and retained thereafter.

Reason

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

8 9. 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 vehicular access to the stables, tack room and ménage more than once in any calendar month.

Reason

To prevent damage to the landscape.

9 10 11

12 13 14 Date of Meeting: 18 September 2008 Item Number: 2

Application Reference: 80687/08

Type of Application: Full Planning Application Registration Date: 31/07/2008 Decision Due By: 25/09/2008 Responsible Oliver West Officer:

Location: SS OSMUND AND ANDREW ROMAN CATHOLIC PRIMARY SCHOOL, FALKIRK DRIVE, BOLTON, BL2 6NW

Proposal: ERECTION OF LOW LEVEL PERMACRIB RETAINING WALL AND GUARD FENCE WITH LAND DRAIN AND LOW LEVEL MASONRY WALL TO PERIMETER OF PLAYGROUND

Ward: Breightmet

Applicant: Mr J Corrigan Agent : Jill Dudley

Officers Report

Proposal This application seeks planning permission for minor works including a retaining wall, guard fence, drain and low level masonry wall. The retaining wall will be of 'permacrib' construction comprising interlocking pine with gravel infill and planting. It is 21m long and varying in height with a maximum of 1.6m. The guard fence will be posts with rail fencing at a height of 1.1m. This is permitted development but is included by the applicant for information given the sensitive nature of the site.

Site Characteristics The site is an existing primary school in a residential area.

Surrounding the site to the east and west are detached houses. To the south of the site on the opposite side of Brodick Drive is open recreation land. To the north of the site are residential properties and local facilities.

The existing school building is set back approximately 25 metres from Brodick Drive and is accessed via Falkirk Drive. There is a considerable difference in levels on the site with the land sloping up from Brodick Drive to the school building and then up again to the school's playing fields to the north of the school building. On the western side of the site the land slopes down towards Falkirk Drive. To the east, the dwellings on Kilbride Avenue are at a higher ground level to that of the application site.

The school is accessed via Falkirk Drive, which is a residential cul-de-sac with a turning head at the entrance to the school's car park.

Policy Unitary Development Plan: D1 & D2 Design; D3 Landscaping; A5 Roads, Paths, Servicing and Car Parking; EM2 Incompatible Uses; O1, O3 Open Space & Recreation.

History A planning application for various works (Erection of 1100mm high hoop top fencing, gabion wall, and retention & extension of ball catcher fence (3000mm) with gates, 2no basketball hoop equipment (3695mm), and perimeter fence raised at north-east corner to 3000mm) was approved with conditions in February 2008.

A planning application for the erection of a single storey modular building with pergola and associated external play area for a temporary period of three years was approved with conditions in October 2007 (77949/07)

A planning application for the erection of extensions to front, side and rear together with a 2.4 metre high perimeter fence was approved with conditions in April 2006 (ref: 74468/06).

A planning application for an extension to the existing car park for 6 cars was approved in May 2001 (ref: 58848/01).

Technical Consultations Bolton Council - Highway Engineers:- no highways implications.

Bolton Council - Environmental Health Officers:- have no comments.

Bolton Council - Trees & Woodland Officers:- have no objections.

Representations Letters:- 2 neighbours have objected on the grounds of over development that is out of character with the area.

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.

16 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 visual amenity * impact on drainage

Impact on Visual Amenity The works are intended to stabilise the bank adjacent to the school entrance. The works are already underway so retrospective permission is sought. The works will be visible from Falkirk Drive but are inside the school. There will be no significant impact on visual amenity. The nearby trees are unaffected. 2 letters of objection have been received from neighbours raising concerns of overdevelopment and that the materials are industrial in nature and not suited to a residential area. However, they are located on the other side of the school grounds and would not be able to see the site from their properties.

Impact on Drainage The development will not impact on drainage from the school site to the outside. The works will be linked to the existing surface water drainage. The work will prevent erosion from the wall in adverse weather leading to mud on the access path. There will therefore be improved drainage within the school site.

Value Added to and by the Development The works will make a small contribution to maintaining the standards of the grounds of the existing school, further contributing to its viability.

Conclusion The application is minor in nature and will be of benefit to the school without causing any significant harm. Approval is recommended.

Recommendation: Approve without condition

17 18 19

20 21 22 Date of Meeting: 18 September 2008 Item Number: 3

Application Reference: 80765/08

Type of Application: TPO Application Registration Date: 18/08/2008 Decision Due By: 13/10/2008 Responsible Pat Naylor Officer:

Location: 10 BROOK BANK, BOLTON, BL2 4LA

Proposal: FELLING OF ONE SYCAMORE TREE

Ward: Bradshaw

Applicant: Mrs Larkin Agent :

Officers Report

Proposal The applicant would like to fell 1 Sycamore tree as it is claimed that it is damaging the drains and patio areas. The tree is protected by the Bolton (Longsight Lane) Tree Preservation Order 1981. Site Characteristics The tree is situated to the north of the applicant's property.

Policy Unitary Development Plan (2005): N7 and N8 Trees

Technical Consultations Bolton Council - Tree and Woodland Officers: see analysis for report.

Representations Letters:- none received.

Elected Members:- Councillor Hall has requested that this application be presented to Members and be the subject of an advanced site visit.

23 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 Council's Tree & Woodland Officer undertook a ground inspection of the Sycamore tree T1 and found it to be a mature tree that has been pruned in the past with wounds occluding well in general. It was also noted that there was no evidence of root plate movement to suggest the stability of the tree was at risk at the time of inspection. In addition there was no externally visible evidence of fungal brackets or decay on the stem of the tree.

The tree is approximately 625mm in diameter and 14 metres in height. It has two large scaffold limbs that emanate at approximately 1 and 1.6 metres above ground level which are both exhibiting included unions. The tree bifurcates again at approximately 4-metres above ground level. The canopy was generally healthy, exhibiting good bud definition and expected shoot extension. However the Tree Officer did note there were several crossing and rubbing branches evident. The tree has approximately a 9 metre canopy spread, with the stem approximately 5.7 metres from the applicant's property.

The Tree Officer noted during his inspection that there were 4 drain covers within 4-8 metres of the tree and that they connect the applicant's and his neighbour's properties to the septic tank in the rear garden of 14 Brook Bank. In a pre-application discussion with the applicant and his neighbour, the Tree Officer was informed that the drains had been relined approximately 11 years ago when trees roots dislodged the line of the drain to the shared septic tank. This fact is re-iterated in Mr Lakin’s letter of support with the application. The drainage report supplied in support of the application on this occasion does state that further ingress of roots at the joints were found between manhole no.2 (MH2) and manhole no.3 (MH3) at the first 4 pipe joints and that the 5th and 6th joints were also displaced. The line of the foul water pipe runs at a depth of between 0.25 (MH2) - 0.42 (MH3) metres diagonally between these manhole covers. The Tree Officer would therefore consider that this is within the 0-0.6-metre rooting depth of the tree. It was also noted that the paved area to the north of the applicant's property and on the south side of the tree was beginning to show unevenness in level. In addition the concreted patio area to the north of the tree and in the neighbouring garden was also exhibiting lifting and cracking. The small boundary fence to the north side of the tree was also being moved out of alignment by the base of the tree. The Tree Officer would consider that this is attributable to the root plate system of the tree.

In conclusion the Council's Tree Officer would note the following points. Firstly that the drains will need further repair and that this will be the second occasion within an eleven year period that this has been required. Secondly that the patio and paved areas to both properties also require repair and that this problem may re-occur as the tree continues to mature in future. The Tree Officer also noted that whilst the included unions on the tree were not exhibiting any weakness at the time of inspection, this form of trapped bark union

24 may present a possible problem in the future, as the tree continues to increase its stem and scaffold limb diameter.

It is for the above reasons, due to the costs of repair for the drains, the patio and paved areas and the longer term form of the tree, that it is considered prudent for the tree be felled and a replacement tree planted in a position further away from the drains and patio areas to the property.

Conclusion It is considered that the works specified within the application are of good arboricultural practice. The specified works would not have a detrimental impact upon the amenity and character of the area, and would not be contrary to policy N7 Trees, Woodland, and Hedgerows or policy N8 Protected Trees of the UDP. It is recommended to approve the application to fell T1 Sycamore tree and that a replacement tree is planted.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The tree work hereby approved must be begun not later than the expiration of five years beginning with the date of consent.

Reason

To enable the Local Planning Authority to keep the matter under review and to assess whether circumstances in the Locality have significantly changed over the years.

2. Within 12 months of the tree subject to this permission being felled, a suitable replacement of a size, species and location to be agreed in writing with the Local Planning Authority, shall be replanted. Any such tree which dies or is removed within 5 years of planting shall be replaced in the next planting season with another of a similar size and species.

Reason

In the interests of protecting the landscape of the area.

25 26 Date of Meeting: 18 September 2008 Item Number: 4

Application Reference: 80484/08

Type of Application: Full Planning Application Registration Date: 04/07/2008 Decision Due By: 29/08/2008 Responsible Martin Mansell Officer:

Location: LAND AT ULLESWATER STREET & ELMFIELD STREET, BOLTON.

Proposal: CHANGE OF USE OF LAND TO CHILDRENS PLAY AREA AND SITING OF NEW PLAY EQUIPMENT

Ward: Crompton

Applicant: Bolton Council Agent : Environmental Services, Bolton Council

Officers Report

Proposal Permission is sought for the installation of children's play equipment on approximately 0.2 hectares of open land surrounded by Ulleswater Street, Elmfield Street, Pendlebury Street and Halbury Walk.

Eleven items of play equipment would be provided, including swings, roundabouts and see- saws, together with such ancillary features as benches, a mound and boulders. An access path and a perimeter bark path would also be provided. A row of approximately ten trees would be planted between the play equipment area and the front elevations of the residential properties on Halbury Walk.

The children's play area would be enclosed by 1.2 metre high blue decorative fencing, with pedestrian and maintenance gates.

Site Characteristics The site is an uncharacteristically open and grassed area within an area of dense residential housing. It is understood that the site forms part of a former railway cutting that has now all but been developed. It is has a generally level central plateau with low perimeter mounds. The residential properties of Halbury Walk present their primary front elevation to the site, with other properties tending to present a blank gable elevation.

The area of land enclosed by Blackburn Road and the loop of Watersmeeting Road and is almost entirely residential, a mix of traditional terraces and newer townhouses, with the main exceptions being The Valley Primary School and the Warburton's factory.

27 Policy UDP Policies EM1, EM2 Incompatible Uses; D2 Design; O1 Protection and Improvement of Recreational Open Space; O2 Protection of Recreational Open Space; A5 Road Network.

PCPN10 Planning Out Crime; PCPN23 Protection of Urban Open Space; PCPN29 Fencing.

History The site has little relevant planning history. An approval was granted in 1984 for the reclamation and landscaping of part of the former Halliwell Sidings / Astley Bridge Goods Yard. Subsequently, there has been a lapsed approval for residential development in 1995 prior to the site's designation as Protected Open Land. There have been no other planning applications since 1995.

Technical Consultations Bolton Council - Highway Engineers:- a dropped kerb must be provided at the maintenance gate

Bolton Council - Environmental Health Officers:- recommend that a Phase II Survey be carried out for land contamination. No comments are made regarding the relationship between the proposed play area and nearby residential properties

Letters:- a representation has been made by a planning consultant engaged on the behalf of the residents of 1 -10 Halbury Walk and 20 Pendlebury Street. The grounds of objection are summarised as:-

the application proposals take no account of the disturbance that will arise to people living close to the site the proposals involve 11 pieces of equipment and therefore represent a considerable overdevelopment of the site the site is within 3 metres of the residential properties of Halbury Walk a bedroom window of 20 Pendlebury Street overlooks the site the National Playing Field Associations "Six Acre Standard" recommends an interface of 30 metres between a facility of this scale and the nearest dwelling as this interface cannot be accommodated, the site is inappropriate for a facility of this nature the facility will attract people from beyond the neighbourhood the proposal should be refused on residential amenity grounds

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 amenity of the surrounding area * impact on local recreational provision

Impact on the Character and Amenity of the Surrounding Area Policy D2 of the Unitary Development Plan requires that development proposals are compatible with their surroundings and that they create a safe and secure environment which minimises the possibility of crime. Policies EM1 and EM2 of the UDP also state that the Council will not permit development that will result in unacceptable impacts on existing uses by reason of noise, smell, safety, health, lighting, disturbance, traffic or other pollution.

It is considered that the proposed installation of children's play equipment on the site will not have a negative impact on the character of the surrounding residential area, in terms of design and scale and it is considered to comply with UDP policy.

At 1.2 metres high the fencing providing enclosure to this formal equipment site is in accordance with the recommendations for fencing types set out within PCPN29. The railings and matching gates are also proposed to be powdercoated in a blue, to provide visual contrast and colour.

In terms of residential amenity, it is not considered that the proposed children's play area would have a detrimental effect on the neighbouring residents, and the Council's Environmental Health Officers have raised no objections.

The site was allocated as Recreational Land in the 2005 Unitary Development Plan. During the adoption of the 1995 Unitary Development Plan, the Planning Inspector recommended that the Council carry out an audit of existing recreational land, and identify sites for protection. For this reason, the site is considered to have been intended for recreational purposes for a period of some years.

In assessing the likely impacts of any proposal, it is necessary to make an assessment as to the impacts which could arise from the site in its present undeveloped state. The site is grassed and level with an allocation for recreational purposes. Should the Council or any other party wish to bring demountable structures such as football nets, tennis equipment or cricket stumps on to the site, it would not need planning permission to do so. Such operations and uses could be carried out without the benefit of planning permission and would give rise to impacts on the living conditions of residents. In summary, the site is a recreational site in its existing state although the current proposal will formalise and intensify this use.

It is not considered that the site would be overdeveloped. The play facilities are small in scale and do not take up the majority of the site, which would remain in a state conducive to informal play - as it is at present. Whilst the site would be 3 metres from the nearest

29 dwelling, this would not be any different from the existing situation as the allocated recreational site is already 3 metres from the nearest dwelling. The play equipment would be sited 11.5 metres from the nearest dwelling, with newly planted trees in between.

The Council's Landscape Architects advise that they have taken account of the standards referred to by the objector. The purpose of the Fields In Trust (formerly the National Playing Fields Association) 'Six Acre Standard' is to encourage six acres of recreational playing space per 1,000 residents. These 'six acres' would be ideally made up of 4 acres of playing fields, 1.5 acres of informal open space and 0.5 acres of land equipped for children's play. Clearly this cannot be achieved within an existing dense residential area, but the standard forms an ideal to which local authorities should aspire. The standards do contain recommendations for interfaces, but these are considered to be for guidance only. The purpose of the 'Six Acre Standard" is to encourage a minimum provision of recreational space and play area - as a right - and not to limit this by reference to interface standards. Were the Council to enforce the interface element of the guidance it would not be able to satisfy the minimum amount of recreational space recommended for this neighbourhood, which is considered to be the core aim of the Six Acre Standard.

Furthermore, National Planning Policy in the form of PPG17, whilst recommending that Local Planning Authorities take account of the impact on residential amenity, also states that:-

"The Government believes that open space standards are best set locally. National standards cannot cater for local circumstances, such as differing demographic profiles and the extent of existing built development in an area."

It is considered that the proposal makes the best available use of severely limited recreational land in this densely populated area. It is not considered that the proposal will attract visitors from a wider area. The Applicant has made reference to good access to Blackburn Road only in terms of noting that the site is in a sustainable accessible location and is not sited in a remote position.

The proposal is considered to comply with policies EM1 and EM2 of the UDP.

Impact on Recreational Provision UDP Policy O1 states that the Council will permit development proposals that protect and improve recreational land and facilities. Policy O2 states that such land will be protected for recreational use.

The land, allocated as protected recreational space, will remain in recreational use. There will therefore be no conflict with UDP Policy O2.

The Council's Landscape Architects advise that the development of this new play facility marks an on-going commitment by the Council to improve Play Areas and Open Space across the whole Borough. It is considered that significant benefits can flow from the improvement of recreational facilities in the town. UDP Policy O1, adopted as part of the Development Plan, positively encourages such proposals.

30 The area has already been described as densely developed. There are not considered to be any other opportunities for children's play within easy walking distance. No other sites are available due to the density of historic development.

National planning guidance, in the form of PPG17, identifies a number of benefits of well- planned recreational space, two of which are:-

"Promotion of social inclusion and community cohesion - well planned and maintained open spaces and good quality sports and recreational facilities can play a major part in improving people's sense of well being in the place they live. As a focal point for community activities, they can bring together members of deprived communities and provide opportunities for people for social interaction."

"Health and well being - open spaces, sports and recreational facilities have a vital role to play in promoting healthy living and preventing illness, and in the social development of children of all ages through play, sporting activities and interaction with others."

The proposed children's play area is considered to deliver land use planning benefits to the neighbourhood where many of the terraced dwellings have limited curtilages and there is a likelihood of children playing on the streets due to the lack of alternative play provision.

Conclusion In choosing a location for the children's play area, it is considered that the Council's Landscape Architects have identified a site that lies within a "play desert" - an area poorly provided with recreational opportunities. The site is already allocated as recreational space, and therefore the principle of the use will not change. Whilst the use may intensify, it is considered that the equipment has been sited with living conditions of nearby residents in mind and landscaping has been proposed to minimise the impact.

An ideal site - one that balances a need for natural surveillance, proximity to potential users and the living conditions of nearby residents - does not exist in this neighbourhood. In weighing the proposal against Policy EM2 which seeks to reduce the impacts of development on existing dwellings and Policy O1 which seeks to improve recreational provision, it is considered that this policy conflict should be resolved in favour of the provision of recreational facilities for families in this neighbourhood.

The proposed installation of children's play equipment, and the associated erection of fencing and laying out of a footpath, are not considered to be detrimental to the character or amenity of the surrounding area. Members are therefore recommended to approve this 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. 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.

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

Reason

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

4. 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;

32 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.

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

34 35 36 Date of Meeting: 18 September 2008 Item Number: 5

Application Reference: 80771/08

Type of Application: Full Planning Application Registration Date: 19/08/2008 Decision Due By: 14/10/2008 Responsible Martin Mansell Officer:

Location: 526 BLACKBURN ROAD, BOLTON, BL1 8NW

Proposal: CHANGE OF USE FROM RETAIL (A1) TO HOT FOOD TAKEAWAY (A5)

Ward: Crompton

Applicant: Mr Thagia Agent :

Officers Report

Proposal This application is resubmission of a previously withdrawn application (80411/08). Members will recall that they deferred the previous application for further information - in particular, concerns were raised regarding the dead frontage created by a hot food takeaway which would be closed during daytime hours. However, the changes proposed by the Applicant were significant enough to require a withdrawal and resubmission, rather than an amended application.

Consent is sought for the change of use of the application premises, an A1 retail shop, to a hot food takeaway, Use Class A5. A fume extraction system is shown on the side gable elevation.

The differences between the previously withdrawn application and the proposal now before Members can be summarised as:-

Hours of opening have been changed from 6:30pm to 2:00am, seven days per week to 12:00 midday to 23:30pm, seven days per week There is now no reference to an ice cream parlour. The application is for a change of use from retail to hot food takeaway The first floor residential accommodation above the application site would be used solely by the owner or employees of the proposed hot food takeaway The Applicant would take the roller shutters out of use and leave them open as required

A letter has been provided with the application from the occupier of the adjacent flat above 528 Blackburn Road, stating that they have no objection to the proposal.

37 Site Characteristics The site is a typical mid-terrace shop within the Astley Bridge Local Shopping Centre. It lies on a stretch of Blackburn Road between the ring road and Watersmeeting Way. There are a range of commercial uses in the area, including shops, takeaways and restaurants. On the opposite side of the road is the ASDA Superstore. Behind the site are the residential properties of Holland Street.

There is residential accommodation (in the form of flats) above both the application site and properties immediately adjacent to the north, 528 Blackburn Road.

Policy PPS1 Delivering Sustainable Development

RSS13 Regional Spatial Strategy (North West)

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

PCPN9 The Location of Restaurant, Bars, Cafes and Hot Food Takeaways in Urban Locations, PCPN21 Highways Considerations

History An application for change of use from retail to hot food takeaway and ice cream parlour was withdrawn in August 2008 (80411/08)

Planning permission was granted in 2003 for change of use from residential to retail (66117/03)

Planning permission was granted in 1995 for change of use from residential to office (46842/95)

Planning permission was refused in 1993 for change of use from residential to hot food takeaway. The reasons for refusal were increased on-street parking on Blackburn Road leading to highway safety concerns, together with harm to the living conditions of nearby residents due to noise and disturbance (43856/93)

Technical Consultations Bolton Council - Highway Engineers:- to be reported at the meeting.

Bolton Council - Environmental Health Officers:- to be reported at the meeting.

Representations Letters:- a letter of objection has been received from a commercial property on this stretch of Blackburn Road - "Body Perfect" adjacent at No. 524.

There are far too many takeaways along Blackburn Road especially around the area of 526.

38 A takeaway will make that area of Blackburn Road look very untidy as there are some really nice shops and it is not in keeping with them. The litter that it will be introduced to that area (bad enough as it is), will include takeaway wrappings, bottles, left over food and sick. It will introduce youths outside making noise and intimidating customers who go into all the shops day/evening. The youth problem across the road is bad enough. The smell of any kind of takeaway coming through the windows and doors is not really what customers want to smell when they come to relax in a shop. Any form of takeaway attracts people to pull up outside. That area of Blackburn Road especially now the lights have been put there is not suitable for people parking up outside. There is no room for a large bin which would be required for a hot food takeaway and as no one is allowed one in the back street. Rubbish that can't fit in a bin will attract more rats into the area. The Council has previously advised that it would not be allowing any more takeaways in that area

A letter has been provided from the occupant of the flat above 528 Blackburn Road adjacent, stating that they have no objection to the proposal.

Petitions:- the same petition signed by the customers of "Body Perfect", 526 Blackburn Road, has been re-submitted. The petition contains 61 signatures. Comments written on the petition include:-

too many takeaways already litter not in keeping with area lowers the tone smells undesirables hanging about no parking facilities effect on customers of "Body Perfect"

Elected Members:- Councillor Emma Scowcroft has previously asked for the application to be determined by 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.

39 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 highway safety * impact on living conditions of nearby and adjoining residents * impact on the character and appearance of the area

Impact on Highway Safety UDP Policy S7 and PCPN9 set out the Council's approach to dealing with applications for hot food takeaways and refer specifically to highway safety and parking. UDP Policy A5, together with PCPN21, seeks to ensure that new development makes adequate provision for access, parking and servicing.

The site does not have any parking provision of its own and therefore people visiting the premises by car would need to park on the highway or in nearby parking spaces. Waiting restrictions are in force during the day on Blackburn Road, but not after 6:30pm. Parking provision is available at the ASDA car park.

Para 51 of PPG13 Transport states that LPAs should "not require developers to provide more spaces than they themselves wish, other than in exceptional circumstances which might include for example where there are significant implications for road safety which cannot be resolved through the introduction or enforcement of on-street parking controls."

The proposed opening hours have now been extended to include the whole of the afternoon. This means that the premises would now be open during the operation of waiting restrictions on Blackburn Road, which are not relaxed until 6:30pm. However, it is not considered that the demand on local parking provision will be significantly worse that we could be expected to be caused by the lawful retail use.

Due the lack of waiting restrictions during the evening opening hours of the takeaway, and the presence of parking provision nearby, the proposal is not considered to be contrary to UDP Policy A5.

Impact on the Living Conditions of Nearby and Adjoining Residents UDP Policy S7, supported by PCPN9, is permissive of hot food takeaways in locations where the Council is satisfied that no significant harm will arise after assessing the proposal in terms of highway safety, including parking, noise, disturbance, smells or odours.

Paragraph 12a of PCPN9 states that hot food takeaways will not be acceptable where there is a residential property adjacent. This is defined as being both next to and having a close relationship to the application site. A footnote to the policy states that the definition:-

".. . .includes residential uses that are immediately above the premises, next door to the premises, or above premises next door. The definition also includes residential properties that are separated from the site in question, but considered to relate closely to it. This

40 definition is not intended to preclude the change of use of high street shops where there are residential properties behind. "

There is a flat above the site of the proposed takeaway and one above 528 Blackburn Road, immediately adjacent.

The presence of a flat above the application premises is not considered to be a reason why the proposal should be resisted. This flat is in control of the applicant, and were the Local Planning Authority to consider the proposal acceptable in all other regards, a condition could be imposed requiring that the flat be occupied solely by the management or employees of the takeaway. Indeed, PCPN9 recommends such a condition in these instances.

However, the flat above 528 Blackburn Road is outside of the control of the Applicant. PCPN9 is clear in its advice that the relationship between a ground floor takeaway and a first floor adjacent flat is unacceptable. The Council has refused applications that would result in a similar relationship, and has been successful in defending its approach at appeal, notably at 47/49 Higher Market Street, Farnworth.

The Applicant has provided a letter from the occupant of the flat above 528 Blackburn Road, stating that they have no objections to the proposal. However, planning acts in the public interest, not the interest of private individuals, and needs to take a longer term view than that of the current relationship between occupiers of properties. It should look at the relationship between uses, not occupiers. Occupiers may change in just a few years, but uses can be around for decades or longer. PCPN9 was adopted to reduce the incidence of residential properties having an unacceptable relationship with incompatible uses such as hot food takeaways. Therefore, whilst this letter of support needs to be taken into account it cannot be the sole determining factor. The main determinant should be the Unitary Development Plan (Policies EM2 and S7), together with other material considerations such as Planning Control Policy Note No.9.

The proposal is considered to be contrary to polices seeking to protect the living conditions of nearby residents.

Impact on the Character and Appearance of the Area UDP Policy requires new development to be compatible with its surroundings.

Members have raised concerns about the dead frontage created by hot food takeaways that are closed during daytime hours. The Applicant has stated that the opening hours would commence at midday and that the shutters would remain open. However, the Local Planning Authority does not have the powers to insist that either of promises will be delivered or maintained. A condition regarding opening hours would be permissive in that it would permit the premises to open during a range of hours. It could not insist that the premises remained open during a particular period. Similarly, whilst the Applicant may express a commitment to leave the shutters open during daytime hours, it is considered that a condition requiring this would be unreasonable and ultra vires. Whilst the shutters have been installed without the benefit of planning permission, the Council has no powers of enforcement due to the passage of time. The shutters must therefore be considered to be lawful and the occupiers has the right to make use of them as they see fit. Furthermore, it is not difficult to envisage

42 a retail use that chose to open only in the afternoon and evenings and the impact of the shutters would be similar to the present proposal.

However, the impact on the character and appearance of the area is still considered to be acceptable. The unit is presently vacant and makes no contribution to the vitality and viability of the Astley Bridge Local Shopping Centre. The occupier could choose to leave the shutters down 24 hours per day, should they so wish. The proposal will have no worse impact on the character and appearance of the area that of the lawful fallback position.

Conclusion Comments made by objectors regarding fears of crime, proliferation of takeaway uses and the use being inappropriate for the area are considered to be unsubstantiated. Hot food takeaways are considered to be acceptable in principle in predominantly commercial areas such at the Astley Bridge Local Shopping Centre - subject to other considerations such as an acceptable relationship with residential properties.

Whilst the Applicant is considered to have provided sufficient information to overcome the 1993 highway reason for refusal, the issue of impact on residential amenity remains. Due to an unacceptable relationship with an adjacent residential property, and the subsequent likelihood of harm to the living conditions of present and future occupiers by way of noise, disturbance and odours, the application is considered to be contrary to UDP Policies EM2, EM3 and S7, together with Planning Control Policy Note No.9.

The changes made between the two submissions have failed to address the policy conflict regarding the relationship with a residential property. The proposal is recommended for refusal.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed use as a hot food takeaway will increase noise, activity and odours in and around the premises to the detriment of the living conditions of nearby residents, particularly those of 528a Blackburn Road, and is therefore contrary to Policies S7, EM2 and EM3 of Bolton's Unitary Development Plan and Planning Control Policy Note No.9 - "The Location of Restaurants, Cafes, Public Houses, Bars and Hot Food Take Aways in Urban Areas".

43 44 Date of Meeting: 18 September 2008 Item Number: 6

Application Reference: 80481/08

Type of Application: County Matters Registration Date: 08/07/2008 Decision Due By: 07/10/2008 Responsible Jodie Turton Officer:

Location: UNITS 7 & 10 CENTURY MILL, GEORGE STREET, FARNWORTH, BOLTON, BL4 9QT

Proposal: CHANGE OF USE OF BUILDING, STORAGE YARD AND OFFICE TO WASTE TRANSFER YARD

Ward: Farnworth

Applicant: Taylor Bros Skip Hire Agent :

Officers Report

Proposal The application proposes the change of use of a single storey brick built building and the adjacent storage yard to a waste transfer station.

The main operations will be internally based within the building. The skip vehicles will be driven into the building, where they will unload and the waste products will be sorted into the relevant containers for recycling or depositing at land fill. The yard area will be used for the storage of empty skips, vehicle turning and the storage of timber and plastics within large metal containers.

The types of waste to be sorted at the site are: soils, clays, brick, concrete, stone, timber, plastics, paper and cardboard, metals, builders debris, household items (e.g. old bikes, garage clearance items, etc). There will be no hazardous substances.

Site Characteristics The application site is located within, and forms part of, the Century Mill complex. It is a single storey, brick built structure which is sited in the north eastern corner of the mill complex. The building has a floor area of approximately 429 square metres. It is easily accessed from the main entrance route into the site. The building is currently vacant and the yard is used by the skip company to store empty skips and vehicles, with some storage of waste wood within large metal containers.

The Century Mill complex is used for a variety of commercial and industrial uses. A large proportion of the external area of the mill is used for scrap car breakage and storage.

45 The Mill complex is sited in a largely residential area and it presents an incongruous building and use in a largely residential area. To the north of the application site is an area of open space, to the east the yard area abuts gardens to residential properties on Century Lodge, to the south and west is the mill complex.

Policy PPS10 Waste Management

Regional Spatial Strategy for the North West

UDP policies: EM2 Incompatible Uses; A5 Roads, Paths, Servicing and Car Parking; W1 and W2 Waste; W3 Waste Applications.

PCPN21 Highway Considerations

History A planning application was withdrawn in June 2008 for the change of use of the storage yard to a waste transfer station (79843/08).

Planning permission was approved in October 2001 for the demolition of wall and laying out of seven parking spaces (60148/01).

Planning permission was refused in September 2001 for the change of use of the land to mixed uses e.g. car breaker, dismantle, sale of motor vehicle spares, storage of motor vehicles (59516/01)

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

Bolton Council - Environmental Health Officers:- raise no objections. A number of conditions are recommended to control the hours of operation; to ensure that all tipping and sorting of material takes place entirely within the confines of the building; and that the yard is used only for the storage of timber, plastics and empty skips.

Representations Letters:- letters of objection have been received from 37, 39 and 41 Parkfield Avenue raising the following concerns: What types of waste will be handled by the facility? The impact of increased use of heavy vehicles. Concerns about possible air and noise pollution. Gardens back onto the mill site and this use will introduce an industrial function in the middle of a densely populated suburban area. Century Mill is located on a very busy road which is heavily used for school runs, this use would increase the number of HGVs and present a highway danger to pedestrians. The mill is an eyesore and a blight on Farnworth town, if this use is permitted it will further contribute to the mill's deterioration. Concerns about pollution from dust, vermin, machinery noise and smells.

46 Petitions:- two petitions have been submitted in objection to the application, one from 43 Parkfield Avenue with 20 signatures and the other from 97 Greenfold Avenue with 79 signatures.

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

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

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

The main impacts of the proposal are:-

* impact on residential amenity * impact on the highway

Impact on Residential Amenity UDP policy W2 outlines the factors which proposals for new waste facilities should be assessed against, the relevant considerations for this application are: Access into the site, traffic generated by the proposal and whether this would adversely affect the safety of highway users in the vicinity - including pedestrians. Whether the proposal would adversely affect the amenities of the occupiers of properties. Provision for screening and landscaping.

Where waste facilities are considered to meet policy requirements and to be acceptable in principle, UDP policy W3 puts forward possible controls on proposals, for example limiting the period of operations, control levels of noise, hours of work, etc.

UDP policy EM2 states that development will not be permitted which results in unacceptable impacts on existing uses by reason of noise, smell, safety, health, disturbance, traffic or other pollution.

The nearest residential properties to the application site are on Medlock Close to the north, which are approximately 26 metres from the rear of the building, and along Century Lodge, the gardens of which abut the yard area of the application site. The houses on Century Lodge are some 50 metres away from the application building where the main operations will take place.

The current use of the yard area is very similar to that which is proposed, at present empty skips are stored, vehicles parked and there is some storage of wood in large metal shipping

47 containers. The proposed use of the yard would add plastics to the storage in the yard, but the area of storage would actually be reduced from the existing. The external use is not therefore considered to pose any greater impact on adjacent residential properties than the existing use. Furthermore, conditions would be placed on the planning permission which would tightly control the items that could be stored in this area, the layout of this and also the hours of operation. The Council's Environmental Health Officers have visited the site and consider the proposed use to be acceptable.

The main operations of the waste transfer station will be internal. Within the building the skips will be emptied, sorted and most of the waste will be stored. The types of waste to be brought to and sorted at the site are: soils, clays, brick, concrete, stone, timber, plastics, paper and cardboard, metals, builders debris, household items (e.g. old bikes, garage clearance items, etc). There will be no hazardous substances. The internal operations will ensure that any dust or debris from the emptying and sorting of the skips will be contained within the building, ensuring that there is no impact on neighbouring residential properties. Furthermore, any external noise from this process will be minimised due to the building. Due to the type of waste to be sorted, vermin is not considered to be an issue, there will be no storage of food waste. The skips will be used for building debris and household clearance.

The proposal is considered to comply with UDP policies EM2 and W2. In line with the recommendations of UDP policy W3 and the recommendations of the Council's Environmental Health Officers a number of conditions are recommended to control the operations in the yard area, the hours of operation and all vehicles carrying waste should be netted to avoid any spillage.

Impact on the Highway UDP policy A5 states that development proposals should not adversely affect the safety of highway users, including pedestrians, as well as the safe and efficient circulation of vehicles. UDP policy W2 supports this policy aim specifically in relation to waste sites.

The proposed use will result in a maximum of 12 vehicle movements a day, six skip vehicles leaving the site and six entering the site. This is not considered to be a high volume of vehicular movements and if the yard area and the building were operating separately this could quite conceivably produce significantly higher number of vehicle movements than that proposed. The Council's Highway Engineers raise no objections to the proposal and consider the access route and turning areas within the mill complex to be adequate.

The proposal is not considered to present an adverse impact on the highway or on the safety of highway users. The proposal complies with UDP policies A5 and W2.

Conclusion The main operations of the proposed facility will take place within the building. There will be no tipping or sorting of waste externally. The yard area will be used solely for the storage of empty skips and the storage of timber and plastics. The yard is currently used for these functions. As the main operations are internal, there will be minimal impact on nearby residential properties. On this basis, the proposal is considered to comply with policy and is thereby 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 operation, including the repair of plant machinery and the movement of such machinery, shall be carried out on the premises except between the hours of 08:00 and 16:30 Monday to Friday and between the hours of 08:00 and 13:00 on Saturdays. No activities shall take place on the premises on Sundays and Bank Holidays.

Reason

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

3. The number of skip carrying vehicles shall be restricted to six inwards and six outwards daily.

Reason To minimise the impact of noise on the general and residential amenity from the increase and alteration of commercial and/or industrial uses in the area.

4. All vehicles carrying waste or recycled materials leaving the site shall be suitably netted or sheeted to ensure materials are secure and are not deposited on the highway.

Reason

To minimise the impact of dust and loose materials being deposited on roadways, in the interests of the visual appearance of the locality and highway safety.

5. No waste materials shall be burnt on the site.

Reason

For avoidance of doubt.

6. The tipping and sorting of all material brought onto site shall be done within the confines of the building.

Reason To minimise the impact of noise on the general and residential amenity of the area from the increase/alteration of commercial/industrial uses in the area.

7. The yard shall only be used for the storage of timber, plastics and empty skips and the parking and turning of vehicles in the areas so defined on the submitted/approved plans and no storage shall take place within the defined vehicle turning/servicing area as shown on the plan.

Reason To minimise the impact of noise and dust on the general and residential amenity of the area from the increase/alteration of commercial/industrial uses in the area.

52 53 54 Date of Meeting: 18 September 2008 Item Number: 7

Application Reference: 79736/08

Type of Application: Outline Planning Permission Registration Date: 20/03/2008 Decision Due By: 19/06/2008 Responsible Jon Berry Officer:

Location: LAND AT CHURCH WHARF, BOLTON

Proposal: DEMOLITION OF EXISTING BUILDINGS AND REDEVELOPMENT TO PROVIDE UP TO 45,000m2 OF COMMERCIAL FLOORSPACE FALLING INTO USE CLASSES A1 SHOPS (NOT TO EXCEED 2,499m2), A2 FINANCIAL AND PROFESSIONAL SERVICES, A3 RESTAURANTS AND CAFES, A4 DRINKING ESTABLISHMENTS, A5 HOT FOOD TAKEAWAYS, B1 OFFICES, D2 LEISURE AND C2 HOTEL - MAXIMUM OF 126 BEDROOMS, UPTO 720 RESIDENTIAL UNITS, ASSOCIATED CAR PARKING, LANDSCAPING AND PUBLIC REALM IMPROVEMENTS AND ENHANCEMENTS TO THE RIVER CROAL CORRIDOR.

Ward: Halliwell

Applicant: ASK/Bluemantle (Church Wharf) LLP Agent : Drivers Jonas

Officers Report

Proposal This proposal is for the comprehensive redevelopment of the designated Church Wharf area in the north-east area of Bolton Town Centre. New townscape would replace all existing buildings within the application site.

Ask and Bluemantle have identified the overall vision for the development as being "to create a vibrant, safe and sustainable urban quarter for Bolton in which people will want to live, work and enjoy all the amenities on offer". In order to achieve this vision the aim is "for the new urban quarter to be a significant contributor to shaping the future of Bolton".

All matters are reserved but this application includes a detailed illustrative masterplan to demonstrate the potential layout of the scheme.

A total of 45,000 square metres of commercial floorspace is proposed.

This development would be led by a new leisure zone as an extension to the existing Evening Economy Area along Bradshawgate and Bank Street. Included would be a cinema,

55 restaurants and cafe bars at the new Chapel Square adjacent to the Bank Street Unitarian Chapel and a new central 126 bedroom hotel and square bounded by Brown Street, Manor Street and Folds Road.

Furthermore, a new business quarter would comprise 30,000 square metres of office accommodation in 8 buildings. The majority of these would be constructed in the northern area of the application site beyond Bow Street and Folds Road between All Saints' Street, Kay Street and St Peter's Way though further provision would also be made in buildings at the junction between Bow Street and Manor Street and at Hotel Square.

The remainder of the commercial floorspace would comprise a maximum of 2,499 square metres of retail shopping facilities. This would be contained in buildings at Hotel Square.

A substantial residential area is proposed adjacent to the River Croal corridor and adjacent to Brown Street in the south eastern area of the site. At present the masterplan shows that provision for 720 apartments in 6 buildings would be made including approximately 120 abito/low entry studio apartments in a mixed use building at Hotel Square. The residential area would cover 3.07 hectares though only 2.46 hectares of this is developable meaning that the proposed housing density equates to approximately 292 dwellings per hectare. The Applicant has however recently advised that since the formulation of the masterplan the downturn in the UK residential market means that the type and mix of dwellings to be proposed at the relevant reserved matters stage would have to be reviewed but that the location of new housing would remain in the same area of the site.

Two new-multi storey car parks are proposed. One of these would occupy some of the current footprint of the Bow Street Multi-Storey Car Park in the western area of the application site and would be accessed by Bow Street and the other would be incorporated within a mixed use building at the junction of Brown Street and Bank Street.

This mixed use development would establish 3 particular character areas. The commercial development to the north of Brown Street would create a hard Urban Plateau to signify the gateway to Church Wharf and Bolton Town Centre. The leisure and mixed use development in the south-western area of the application site and surrounding Hotel Square would form an Urban Hillside to link strongly with the existing Town Centre leisure and retail core. The residential zone in the south-eastern area would represent a soft Green Valley Bottom interacting with the River Croal and the elevated grounds at the Parish Church of St Peter.

The application also proposes a series of new pedestrian routes and public places with a strong emphasis on high quality public realm, especially at the River Croal corridor. Three new public squares have been included on the masterplan at Chapel Square, Hotel Square and Church Bank Square.

The Applicant has confirmed a commitment to incorporate market leading sustainability measures in the scheme.

The existing United Utilities pumping station which controls the discharge of water in storm conditions is shown for retention on the masterplan. The access to this is maintained in the public realm proposals.

Members will note that indicative finished floor ground levels and the number of floors proposed in each building have been included on the masterplan. The buildings would be constructed to accommodate anywhere between 2 and 10 storeys with the highest buildings located alongside the A666 St Peter's Way, around Hotel Square in the central area and adjacent to the substantial Argos premises located to the west. Each floor would be approximately 3 metres high for the residential and hotel buildings, 4.5 metres for the office buildings and 4.5-6 metres for the other buildings.

The application masterplan has been created based on guidance in the following Bolton Council publications:

Bolton: Our Vision 2007-2017 The Bolton Plan 2007-2010 Town Centre Action Framework 2005-2008 Building Bolton 2007 The Town Centre Transport Strategy February 2008 Unitary Development Plan 2005 Church Wharf Supplementary Planning Document April 2008

The application masterplan is supported by the following documentation:

* Acoustic Report by Sol Acoustics; * Air Quality Assessment by Enviros Consulting; * Ground Conditions Geotechnical and Geoenvironmental Investigation by Capita Symonds Structures; * Flood Risk Assessment by Capita Symonds * Sustainability Strategy by Faber Maunsell; * Transport Assessment by Faber Maunsell; * Framework Travel Plan by Faber Maunsell; * Archaeology and Cultural Heritage Desk-Based Assessment (DBA) Report by Pre Construct Archaeology Ltd; * Ecological Scoping Report by Penny Anderson Associates; * Bat Survey by Penny Anderson Associates; * Design and Access Statement by Drivers Jonas; * Landscape Plan by Planit; * Tree Statement by Planit.

A screening opinion undertaken by Planning Officers on 28th February 2008 under the terms of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 revealed that no Environmental Impact Assessment is required as part of this planning application.

Site Characteristics The application site covers some 5.8 hectares of land in the north-east area of Bolton Town Centre. The land extends from the existing Bow Street Multi Storey Car Park (MSCP) and alongside the River Croal over to St Peter's Way (the A666) to the east and northwards to the surface car parking either side of Kay Street and All Saints' Street.

The application site as edged red on the proposed masterplan has been drawn to exclude the following:

* Bank Street Unitarian Chapel to the south-west; * the elevated grounds surrounding the St Peter's Parish Church (Grade II* listed) to the south-east; * the relatively modern office developments of Knightsbridge House and Regent House constructed by the Vinden Partnerships to the north-east; and * All Saints' Ukranian Church (Grade II listed) to the north.

The application site is currently dissected by Kay Street, Bow Street, Folds Road, Manor Street, Brown Street and Churchgate.

At present the site consists of a mix of old 19th and 20th Century industrial development, including a cluster of buildings (some of which are currently in use for general industrial purposes and vehicle repair) around the Wharf Foundry off Well Street in the south-eastern area, and smaller scale 19th Century commercial properties fronting Manor Street. Several of these are identified in Building Bolton as being characteristic of the area in terms of use, scale or materials choice but they have limited architectural or symbolic value. The majority of the buildings are the equivalent of 2, 3 and 4 storeys in height whilst the Bow Street MSCP and the adjacent Argos premises (which adjoins the western boundary of the application site) are of substantial massing. Surface car parking covers much of the application site particularly in the northern and central areas. Members will also note from the masterplan site layout that there is an existing United Utilities pumping station adjacent to the River Croal.

There is therefore no special protection afforded to the existing buildings within the Church Wharf area though the site is surrounded by the St Georges Conservation Area to the north, the Deansgate Conservation Area to the west and the Churchgate Conservation Area to the south. Furthermore, Project House on Brown Street has been cited as a building of high architectural value in Building Bolton.

Changing ground levels are a salient feature of the application site. These are at the lowest level at the junction between Manor Street and Brown Street but rise through the surface car parks to the north of Folds Road and Bow Street and more steeply through the land bounded by Manor Street and Bow Street and through the existing multi storey car park to link in with the elevated Town Centre core area. Levels in the south-eastern area of the site are much lower falling gently from Brown Street to the River Croal. The existing built development at Churchgate and the A666 St Peter's Way stand at a substantially higher ground level supported by wooded embankments and significant concrete retaining walls. The Parish Church of St Peter and the surrounding grounds are elevated further though Churchgate sweeps down at the south-eastern point of the application site to meet the existing footpath adjacent to the River Croal.

There is a stock of trees subject of Tree Preservation Orders (TPO 680 Bolton Bank Street Unitarian Chapel and TPO 687 Bolton Vestry Bank Street) located in the square adjacent to the Bank Street Unitarian Chapel and this includes Sorbus, Cedrus, Malus and Prunus trees.

58 No other trees are protected within the application site though there is dense planting alongside the River Croal, along the northern edge of Brown Street, adjacent to the A666 St Peter's Way and the slip road and at the periphery of the surface car parks. There is a total of approximately 400 trees within the application site boundaries.

Policy PPS 1 Delivering Sustainable Development; PPS 1 Supplement: Planning and Climate Change; PPS 3 Housing; PPG4 Industrial Commercial Development and Small Firms; Draft PPS 4 Planning for Sustainable Economic Development; PPS 6 Planning for Town Centres and revised PPS 6 proposals July 2008; PPS 9 Biodiversity and Geological Conservation; PPS 11 Regional Spatial Strategies; PPG 13 Transport; PPG 15 Planning and the Historic Environment; PPG 16 Archaeology and Planning; PPS 22 Renewable Energy; PPS 23 Planning and Pollution Control; and PPS 25 Development and Flood Risk.

White Paper - Planning for a Sustainable Future, May 2007

RPG for the North West 2003 and Draft RSS for North West England 2008 (The North West Plan - NWRSS): Policies DP1 Economy in the Use of Land and Buildings; DP2 Enhancing the Quality of Life; DP3 Quality in New Development; DP4 Promoting Sustainable Economic Growth and Competitiveness and Social Inclusion; EC8 Town Centres: Retail, Leisure and Office Development; SD1 The North West Metropolitan Area - Regional Poles and Surrounding Areas; Policy UR1 Urban Renaissance

Unitary Development Plan 2005 Policies N1 Nature Conservation, N5 Landscape Features, N7 Trees, Woodland and Hedgerows, N8 Protected Trees; N9 Species Protection, EM1, EM2 Incompatible Uses, EM3 Pollution; EM4 Contaminated Land; EM5 Derelict Land and Buildings; EM6 Energy Conservation; EM10 Surface Water Run Off; EM11 Flood Protection, D1, D2 Design; D3 Landscaping; D5 Public Art; D7 Conservation Areas; D10 Listed Buildings; D14 Archaeology; D15 Archaeology Report; A1 Accessibility; A3 Travel Plans; A4 Transport Contributions; A5 Road Network; A6 Car Parking Standards; A7 Cycle Parking; A8 Transport Considerations; A9 Access for Disabled; A10 Traffic Management; A16 Pedestrians; A18 Strategic Route Network; A20 Conditions; A21 Highway Planning Obligations; E1, E2 Office Industry and Warehouse; E3 Siting of Offices and Industrial Development; S1 Retail and Leisure; S3 Retail Development on Unallocated Sites Within Centres; S7 Hot Food Takeaways and Restaurants; TC1 Town Centres; TC2 Town Centre Living; TC3 Evening Economy Area; TC5 Mixed Use; TC7 Multi Storey Car Park Allocation; TC8 Strategic Opportunity Site TC9 Open Space Link; TC10 In-town Car Parking; O4 Provision of Open Space; O6 Waterside Locations; O7 Public Rights of Way; H1 Housing; H3 Housing Applications; H4 Affordable Housing; and H5 Net Site Density.

Planning Control Policy Notes 1 Health, Well Being and Quality of Life; 2 Space Around Dwellings; 4 Shop Fronts; 6 Display of Sign and Advertisements; 7 Trees: Protection and Planting in New Developments; 9 Location of Restaurants, Cafes, Public Houses, Bars and Hot Food Takeaways in Urban Areas; 10 Planning Out Crime; 17 Nature Conservation; 18 Provision for Cyclists; 19 Conservation Areas; 20 Listed Buildings; 21 Highways Considerations; 22 Public Art; 26 Affordable Housing; 27 Housing; and 30 Education.

59 Church Wharf Supplementary Planning Document (SPD); Interim Affordable Housing Supplementary Planning Document; Public Realm Implementation Framework; Sustainable Development and Construction Supplementary Planning Document; Section 106 Town Centre Obligations Interim Document.

History Temporary planning permission was granted in November 2006 for the 12 month use of the land as a car park together with the erection of 1.8 metre high security fencing on land adjacent to Regent House, Folds Road (75512/06).

Reserved matters planning permission was granted in June 2006 for details of siting, means of access, design, external appearance and landscaping for the erection of a part 7, part 8 storey building containing 101 apartments with associated parking at ground and lower ground level and landscaping on the car park adjacent to Brown Street and Water Street (73473/06).

Planning permission was granted in February 2006 for the erection of a 1.2 metre high fence around the perimeter of All Saints Street East Car Park (73098/06).

Planning permission was granted in April 2005 for the erection of two office buildings (Class B1) together with vehicular access, 60 car parking spaces, landscaping and 1.8 metre high boundary railings on land at Folds Road (70113/05).

Planning permission was granted in March 2005 for the erection of a single storey garage and workshop (light engineering) and reception area and extension of existing garage/workshop to provide offices at Brown Street garage on land fronting Well Street (69884/04).

Outline planning permission was granted in February 2003 for a residential development (all matters reserved) of the land adjoining Brown Street and Water Street (61437/02).

Technical Consultations Bolton Council - Highway Engineers:- have consulted the Greater Manchester Transportation Unit regarding the Transport Assessment provided by Faber Maunsell and negotiations are continuing in terms of the finer detail of the highway arrangements for each reserved matters phase. At this outline stage though with means of access reserved the Council's Highways Engineers raise no objection to the scheme in principle. The developer will be expected to fund any highway improvements which are necessary to protect safety and the capacity of the adjacent highways for all classes of road users and this is to be secured by Grampian conditions at the reserved matters stage

Bolton Council - Environmental Health Officers:- express concerns regarding the proposed location of residential dwellings adjacent to the A666 St Peter's Way, particularly as the noise assessment carried out by Sol Acoustics confirms this to be the noisiest area of the site. The Officers would strongly recommend a reorganisation of the layout of the site to position office uses adjacent to this highway with the residential properties being set further into the site. However, if Members consider that the layout should remain unaltered in this respect (and the importance of the links between the proposed residential area and the

60 River Croal setting in the south-eastern area of the application site is elaborated on in the analysis section of this report) then there ought to be minimal glazing and main room presence overlooking the A666 (to be considered at the relevant reserved matters detailed stage) and the noise mitigation measures proposed by Sol Acoustics should be incorporated into the design (recommended as a planning condition). The Officers also recommend the inclusion of planning conditions to secure mitigation against any potential land contamination; noise disturbance from commercial plant and equipment; cooking odours from eating establishments; pollution from lighting equipment; and poor air quality (a 12 month monitoring period is recommended but it is considered that the onus should be on the Applicant to present convincing modelling and timescales). The imposition of further conditions may be necessary at each reserved matters stage.

Bolton Council - Tree and Woodland Officers:- raised initial concerns regarding the lack of both a tree survey and evidence to demonstrate that adequate consideration had been given to the retention of the approximate 400 trees currently present on the site. Of particular concern was the potential impact on the tree belts alongside the A666 St Peter's Way, particularly in the proximity of Brown Street, and the existing slip road. Furthermore there is a group of protected trees in the grounds immediately to the north of the Bank Street Unitarian Chapel which would be lost. In addition, the proposed development alongside Folds Road and Bow Street would exclude tree retention and planting leaving the area stark and lacking the current treescape which is evident when entering the town. The Council's Tree and Woodland Officers therefore concluded that further consideration was required to give the proposals a green infrastructure more appropriate to a development of this size.

The Applicant has responded by submitting a tree statement produced by Planit in consultation with the Council's Tree and Woodland Officers and further information is provided in the analysis section of this report.

Bolton Council - Landscape Architects:- the absence of a tree survey means that there has been no formal identification of areas of mature vegetation that could be protected and retained during development. In terms of replanting this could be limited due to the presence of underground services and it is requested that the Applicant clarifies at this stage whether these services are to be relocated or if buildings are to be set back from the highways to accommodate prominent avenue or street massed tree planting. It is recommended that large rather than small or medium sized trees are incorporated into the scheme. An alternative proposal could be for the Applicant to enter into a Section 106 legal Agreement to secure investment into tree planting elsewhere in the Town Centre. All landscaped areas proposed for adoption by Bolton Council ought to be defined at an early stage.

A plan of the existing underground services has subsequently been supplied by the Applicant which demonstrates that there is scope for sufficient tree planting around the application site.

Bolton Council - Business Bolton Tourism Unit:- welcomes the creation of the proposed hotel which would support Bolton's emerging and growing tourism offer. The proposed development is at the top end of the market which would help to attract high

61 spend visitors and a mixture of business and leisure markets, thereby supporting the profile of Bolton Town Centre.

Bolton Council - Conservation and Urban Design Officers:- consider the main issues to be as follows:

* the design of the masterplan; * impact on views into the adjacent conservation areas; * impact on the setting of the Grade II* listed Parish Church of St Peter.

The proposed layout of the development is supported by a comprehensive Design and Access Statement that sets out the urban design principles and design guidelines for the future development of the area. As the area consists predominantly of open car parks and a cluster of former industrial buildings the overall development will be of significant benefit to the town and the regeneration of the area. The scheme sets out to achieve some key urban design principles which will enhance the overall image of the town and these are:

* improving building and street enclosure; * enhancing views and landmarks; * enhancing the landscape character of the river corridor; * creating a vibrant neighbourhood; * improving the setting and views to the Grade II* listed Parish Church of St Peter; * improving links to the Town centre and in particular Churchgate; * the creating of new public spaces.

The masterplan design creates three distinct character zones that respond to the local context and topography and this is a welcome approach. The development of each character zone would require a detailed framework of design guidelines which would need to be built into the reserved matters stage.

It is considered that the overall scheme layout would provide a development generally compatible with the grain of the town centre and would also set up formal street edges that would give the area a real sense of place. This would be a significant improvement from the present dominance of open parking areas and lack of legibility.

With regard to the setting of the listed Grade II* Parish Church of St Peter the important considerations are long and short distance views to the church and the impact of the scale of the development. Short distance views would be enhanced in particular by creating a focused sightline along the new street from Folds Road. The scheme also generally respects the elevated position of the church in relation to the development site in terms of the majority of long distance views. The proposed massing and scale of the buildings would be compatible with the general height of buildings in Bolton and would also be compensated for by the lower topography in the vicinity of the River Croal.

The Council's Urban Design Officers do have some reservations regarding the scale of the proposed building adjacent to the A666 St Peter's Way and how this would impact on the

62 skyline and on views to St Peter’s Church. More detailed cross sections could be requested at the detailed design stage to clarify further the impact of this block.

The development of building blocks on vacant sites adjacent to the All Saints' Ukranian church would reintegrate the areas with the St George’s Conservation Area and the wider townscape. Improved permeability with Church Bank and the creation of new buildings to screen the A666 would have significant benefits in terms of views from the Churchgate Conservation Area.

Given the scale of the development it is essential that the detailed design responds to the distinctiveness of Bolton, as well as setting its own new image. This would require responsive design of the public realm, massing and architecture which would stitch the different elements together. The creation of three new public spaces is especially welcomed as this would give each area an important focus.

The Council's Urban Design Officers also initially identified some aspects that require further clarification at this stage as follows:

* the level of enclosure of the proposed new street from Folds Road appears a little overbearing, a cross-section through this street would be useful to ensure this is not the case; * the residential blocks adjacent to the river have no clear sense of front and back and would require careful design so as they are successful; * more detailed guidelines are required regarding building design and architecture to include window depth, light and shade, skyline, expression of rhythm and texture for example; * there is a need to clarify a framework for development guidelines for each character area.

Subsequently it has been agreed in discussions between Officers and the Applicant that the first three matters outlined above are to be addressed at the pre-application stage of the relevant reserved matters phased submissions. The fourth requirement has been addressed in the revisions to the Design and Access Statement made during the current application process and a planning condition is recommended to ensure that the details supplied are adhered to at the detailed stage.

The Council's Conservation and Urban Design Officers are therefore supportive of the scheme.

The Commission for Architecture and the Built Environment (CABE):- initially raised concerns regarding the following matters:

* apparent conflict between the Design and Access Statement and the application drawings; * weak correlation between the site analysis work and the masterplanning urban design principles; * inclusion of some monolithic plots rather than small to medium grain development;

63 * lack of a hierarchy that priorities plots, routes and spaces to create an urban character and a scale of development that fits into the town; * domination of highway layout, particularly Folds Road and Bow Street which split the site in two; * the three dimensional illustrative views are inadequate to enable an informed assessment of the scale of the development; * lack of clarity regarding the cohesion of the plots with the character areas.

CABE however has no objection to the principle of a mixed use development and Carey Jones Architects on behalf of the Applicant has provided additional information further to the original Design and Access Statement in the form of more explanation of the analysis diagrams, site photography, scale and massing information, site sections and more details of the three character zones to justify the proposal and address the concerns raised. This new information has been referred to CABE for review by the design team on 8th September and any further comments will be reported at the meeting.

English Heritage:- has advised that the organisation does not wish to comment in detail as there are no buildings within the application site which are the subject of conservation and/or listed protection. English Heritage has however issued the following general observations:

* views through the site of the adjacent listed buildings and their settings, with particular reference to the Grade II* listed Parish Church of St Peter, should be preserved and the visual connection that the church spire provides between the Town Centre and the surrounding neighbourhoods and approaches ought to be respected as this mitigates against the severing effect of the A666 St Peter's Way;

* the Grade II listed Church of All Saints' Church and the three surrounding conservation areas of St George's, Deansgate and Churchgate should be considered when determining whether the scale and form of the detailed design is appropriate to ensure that the new development, whilst being necessarily extensive, does not dominate or detract from the historic setting of the Town Centre;

* it is recommended that historic elements such as the river corridor, the Bank Street Bridge and several streets which form routes through the proposed development be considered for retention as these could provide unifying elements to aid the interpretation of adjacent historic areas;

* where historic fabric is inevitably lost English Heritage would endorse the use of the planning conditions proposed in the Archaeology and Heritage report submitted with the application.

The application should be determined in accordance with national and local policy guidance and on the basis of Bolton Council's specialist conservation advice.

Greater Manchester Archaeology Unit:- advise that the Cultural Heritage Desk-Based Assessment submitted with the application provides a valuable summary of the available historical documentary, index and cartographic information regarding the history of activity

64 on the site and it also presents the results of a site walkover survey supported by plans and photographs. This reveals that there is a low to moderate potential for Bronze Age archaeological remains to survive in the site but there is only low potential for other prehistoric, Roman, Early Medieval and Medieval period remains to continue to exist.

There is however high potential for the survival of Post-Medieval remains such as those from the industrial period and there are a number of sites having specific archaeological interest including alluvial deposits associated with the former channel of the River Croal. Whilst none of the buildings are worthy of special protection there should be pre-demolition recording.

The mitigation measures proposed in the report are acceptable and full details of building recording and archaeological work, including evaluation trenching and sample coring which may lead to targeted open-area excavation and watching briefs during development groundworks, are to be secured via a planning condition. During discussions between the Council, the Applicant and the Archaeology Unit it has been agreed that the latter will supply a brief for the investigation work in September 2008 and will monitor the implementation of this by a suitably qualified and experienced archaeological contractor, on behalf of Bolton Council should outline planning permission be granted.

Greater Manchester Geological Unit:- the Geological Unit has no records of existing waste management facilities within the immediate vicinity of the application site but suggests that the Council should also check for any such adjoining land uses to ensure they do not become 'bad neighbours'. It is however recommended that a Site Waste Management Plan is provided as the application site exceeds 4.5 hectares and there is a strong likelihood of the production of significant quantities of construction and demolition waste. It would also be appropriate for the developer to assess the potential for exploiting any mineral resource on site prior to its potential sterilisation. Such a plan can be secured via a planning condition.

Greater Manchester Ecology Unit:- recognises the importance for wildlife of the River Croal corridor due to the link it provides between wildlife sites to the east of Bolton with those in the Tonge Valley and welcomes the proposals to create a new "River Park" and landscaped areas to provide which would benefit wildlife in the future. Greater detail of the proposed habitat enhancement and the interesting suggestion of incorporating a green roof onto the multi-storey car park is required and final designs would benefit from specialist input by an ecologist in order to maximise opportunities for biodiversity enhancement. It is recommended that a Landscape and Habitat Creation and Management Plan be secured via a planning condition.

Some of the existing buildings and areas of the site have the potential to support bat roosts and nesting birds and surveys should therefore be carried out by licensed specialists. A comprehensive site survey has now been completed by Penny Anderson Associates on behalf of the Applicant and further information will be reported at the meeting. It is considered that the provision of features suitable for use by roosting bats, such as bat bricks and bat boxes, be incorporated in the scheme. This has also been recommended by Penny Anderson Associates and such a requirement can be secured via a planning condition.

65 There is a need to control any spread of Japanese Knotweed on the application site under the terms of the Wildlife and Countryside Act 1981. Bolton Council as the owner of much of the land has written to all other adjacent landlords with a view to commencing the carrying out of the comprehensive removal of this in October of this year.

The Wildlife Trust:- also acknowledges the importance of the wildlife corridor and welcomes the opportunity for the development to include the opening up of the river from the existing culverting and to remove the existing buildings in close proximity in order to enhance the aesthetic value of the area, leisure opportunities and wildlife interest. The Trust also recommends that potential wildlife interest be considered in the design of the new River Park and that there would be benefit in planting native species of trees and shrubs. Areas to attract nesting birds could also be set aside.

The Environment Agency:- initially raised objection due to there being insufficient information within the Flood Risk Assessment to fully assess the potential for flood risk. The location of the residential area of the development, which would be more vulnerable to flooding from the River Croal than the commercial area set further into the site, was also identified as grounds for concern. Furthermore the residential proposal would also be at most risk from the adjacent storm storage tank should there be any flooding associated with the sewer system.

Capita Symonds Structures has subsequently supplied an addendum to the Flood Risk Assessment dated 19th August 2008 further to discussions with the Environment Agency. New hydraulic modelling has been undertaken by Jeremy Benn Associates which has since revealed that the residential site would be developed to have a low risk of flooding with levels falling within the category identified as Flood Zone 1 in PPS 25. The Applicant has therefore requested that the original objection by the Environment Agency be withdrawn and these levels would negate the need for sequential analysis or an exception test to justify the development. Furthermore, United Utilities has confirmed that the existing sewer network meets current drainage standards and the low lying levels of the River Croal relative to the development area would ensure that no flood risk for the dwellings would be generated. This new information is currently being reviewed by the Environment Agency and any further comments will be reported at the meeting.

The Agency has also recommended a series of the conditions should outline planning permission be granted to secure the following:

* an appropriate access, ecological, recreational and amenity buffer between the proposed development and the watercourse; * satisfactory landscaping, footpath access and bankside or channel works in terms of the boundary treatments to the watercourse; * satisfactory planting of native species along the River Croal and connecting greenspace corridors; * protection of bats and their roost sites; * adequate mitigation measures against any land contamination; * the prevention of any spread of Japanese Knotweed; * enhanced habitat.

66 The Environment Agency has also added the following comments regarding the indicative layout. These include a number of concerns about the masterplan and the Agency would object to any subsequent submissions incorporating this layout:

* some of the buildings are located close to or over the River Croal and the proposed residential building identified as Plot R4 in the south-eastern area of the site is sited above the section of the River Croal culvert which is approximately 150 years old. This is not good practice as the potential for access for future repair or maintenance would be reduced. The multiple private riparian residential owners would therefore be responsible for the culvert and they may not have the means or resources to undertake future works. This residential building may also be within an overland flow route of flood water in the event of a culvert blockage or collapse. The arrangements appear to be unsustainable and there is no reduction of risk as advocated in PPS25. In any event the Agency would be unlikely to grant consent for this under Land Drainage legislation;

* an alternative layout to avoid construction over the Chapel Wharf culvert or a diversion of this (a significant engineering operation) should be considered;

* the proposed "build over" of the upstream section is not ideal but there are no objections in principle to this and a realignment of the river wall where it meets Manor Street bridge would improve the hydraulics of the channel;

* the pulling back of the existing poor development from the remaining open section of the River Croal is welcomed but the new scheme proposes intrusion into the river corridor;

* the proposed riparian development ought to be more innovative and the channel could be restored to its natural state;

* further appraisal of how to maintain and enhance biodiversity in accordance with relevant legislation, policy and guidance is expected;

* the sustainability of the design and the construction of the proposed riparian development is unclear, particularly as the scheme involves culverting parts of the river, maintaining the existing poor channel, new built encroachment of the river corridor and significant new hard standing;

The Applicant has been encouraged to discuss revised layout options with the Environment Agency prior to the submission of any reserved matters.

United Utilities:- the form of the development in both plan layout and building height would affect the natural dispersion of odours noted in the vicinity of River Croal at Water Street. These odours arise from interaction of ventilation and consented discharges from the sewerage system into the natural watercourse and have been noted at ground level in Water Street. The wastewater detention tank in Water Street also has ventilation stacks which discharge at approximately second storey level in close proximity to the proposed development. The proposed development of 6–8 storey high residential blocks around two

67 sides of the detention tank building would introduce new domestic receptors into an area already exposed to sewage related odours whilst also obstructing existing air dispersion paths. United Utilities would therefore recommend that the developer undertakes odour dispersion modelling and mitigation measures to satisfy the Local Planning Authority that no odour nuisance would be experienced by occupiers of the development.

It is recommended that this requirement be included as a planning condition to secure such details at the relevant reserved matters stage.

British Waterways:- the proposed application site does not fall within 150 metres of any asset owned or managed by British Waterways and therefore there are no objections.

Bolton Community Homes:- recognise that as the development site falls within the Town Centre Action Framework area the priority is for public realm provision. The current requirement would usually be for 35% of the new residential units to be affordable which would equate to 252 dwellings in this application. It is considered that a mix of quality housing types should be created on the site to include family housing in order to meet identified housing need, appeal to all members of the community and be sustainable. The affordable units could be developed by a Registered Social Landlord partner to meet a range of current standards. Bolton Community Homes also welcomes the commitment by the Applicant in the Development Agreement to meeting the standards of the Bolton Accredited Residential Landlords Organisation where necessary.

Bolton Council - Education Section:- Officers have advised that a financial contribution of £59,406.94 would be required for the residential element of the scheme. This would be invested in the provision of secondary education facilities as there is a surplus of primary school spaces in the locality.

Greater Manchester Passenger Transport Executive (GMPTE):- consider the site to be well located relative to bus and rail services and that there is a choice of travel modes as alternatives to car travel. There is opportunity to provide additional bus stops between the A666 and Bow Street either side of Folds Road. The PTE is encouraged by the submission of both a commercial and a residential travel plan with the application and considers that the proposals should be secured via planning conditions. A number of suggestions are made as to how public awareness and use of the different transport services could be increased including the possibility of supplying travel vouchers to future residents vis a legal Section 106 Agreement financial contribution.

Representations Letters:- 2 letters have been received from third parties raising objections to the application.

One of these is from a resident of Bolton expressing dissatisfaction that the Dog and Partridge Public House on Manor Street is to be demolished due to the cultural role that this premises plays as a music venue in the town and also because this is a traditional public house which makes an important contribution to the heritage of Bolton.

68 The other letter is from the owner of the mixed commercial and residential premises at 4 and 4a Manor Street who does not wish to leave this building and no purchase offers have been made by the developer. Also this property was constructed in the mid to late 1800s and any adjoining demolition could cause damage.

A third letter has been received from the Bolton Parish Church of St Peter drawing attention to the noise from the frequent ringing of the church bells which may cause disturbance to future nearby residents. Adequate sound proofing measures must therefore be incorporated into the residential element of the development scheme to ensure this impact is not unacceptable. This would be secured via a planning condition as Sol Acoustics has carried out an additional noise assessment (dated 28th August 2008) specifically in response to this concern which has revealed that noise levels in the future living rooms and bedrooms would not exceed established maximum standards during the ringing of the bells.

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 Development in Principle There is support for the proposed redevelopment afforded in principle by the Council's planning policy framework for the Town Centre Land Use Plan which includes the Church Wharf application site. 3 of the 5.8 hectares of land bounded by Folds Road, St Peter's Way and the River Croal corridor have been designated in the Unitary Development Plan for the redevelopment and/or reuse of the existing buildings for mixed use purposes with a mixture of businesses, dwellings and offices served by shopping, restaurants, cafes and other business developments being cited as appropriate to ensure diversity (Policy TC5/MU2).

This allocation links in to a further land use designation on the Development Plan which extends from Bradshawgate to the south to cover the land around Manor Street and Crown Street and the car park adjacent to Kay Street in the western area of the application site and promotes the development of the Evening Economy Area. This encourages a greater mix of restaurants, bars, leisure facilities, entertainment venues, public art and festivals (Policy TC3).

Furthermore, these policy areas do not preclude other forms of land use as there are also policies which generally relate to the development of any site within the Town Centre Land Use Plan. Policy TC1 provides that the Council will permit development proposals that sustain and enhance the vitality and viability of the Bolton Sub Regional Town Centre and

69 this supports a diversity of uses for during the day and evening whilst Policy S3 supports retail (under 2,500 sq. metres of gross floorspace) and leisure developments of appropriate scale and character in this area. Policy TC2 follows on from this and specifically promotes town centre living by stating that the Council will permit proposals for new build residential developments in such areas. The Council is aiming under the terms of the Development Plan to raise the residential population of the Town Centre due to this being a key element in urban regeneration as it will contribute to the evening economy and provide additional levels of self-policing, security and safety. The aim is to ensure that a mix of social and private housing provision contributes to the vitality and viability of the town centre. Adequate design measures are required to protect the amenities of possible residents.

The masterplan submitted with the application has been produced to secure the comprehensive redevelopment of the application site and avoid piecemeal proposals. The site is located within the outer "shatter zone" (identified in Building Bolton) surrounding the core centre as the old industrial development has become unsustainable, the environment is generally poor with plenty of surface car parking and there is opportunity to add significant value to the Town Centre by creating a mixed development to attract people to live, work and visit this area. The application proposes the demolition of all industrial development in the south-eastern area of the site and the existing buildings fronting Manor Street to the west. This building stock is also largely in poor condition and whilst characteristic of the industrial development of Bolton since the 18th Century the structures do not enjoy any significant architectural value. The Church Wharf SPD identifies office development, retail and leisure units at the Manor Street frontage, a hotel and commercial uses as potentially being appropriate for the application site and the masterplan responds strongly to this guidance.

This location is highly accessible to the Bolton community and the proposed mix of leisure and retail facilities would help to narrow the gap between Bolton's most and least well off people. The provision of a new cinema in the Town Centre for example would create facilities that at present require travel to destinations such as the Valley at Blackburn Road and Middlebrook which are relatively difficult to access, particularly on public transport. As well as the economic prosperity that would be generated as a result of this scheme, well located modern leisure and retail provision would meet the needs of the town and the Bolton family and these are key aspirations of Bolton: Our Vision 2007-2017.

The proposed development of the apartment and commercial buildings adjacent to the A666 St Peter's Way would have some benefit in that they would demonstrate the major regeneration and new status of this part of the Town Centre along a key strategic route and would provide a sense of enclosure and a barrier at the edge of the proposed mixed development area. It is acknowledged that the residential plots referenced Plots R4 and R5 would, at heights ranging from 6-10 floors, result in some loss of views of the Parish Church of St Peter from the A666 St Peter's Way. Furthermore, the Council's Environmental Health Officers have raised concerns that these proposed residential buildings would be most vulnerable to noise and pollution from the adjacent major highway though it is acknowledged that soundproofing measures, as put forward in the design specifications set out in the Environmental Noise Study submitted by Sol Acoustics, would mitigate against this.

70 However, the masterplan has been deliberately designed to link the proposed residential zone with the River Croal corridor and Planning Officers are convinced that in principle new housing development is the most appropriate form of land use in the south-eastern area of the application site (this relationship is elaborated on later in the analysis). The Applicant has also had to review the current housing market conditions in the United Kingdom and has indicated that it may be necessary to propose an amended layout to incorporate an alternative mix of dwelling types at the relevant reserved matters stage, a proposal which would be supported by the guidance in PPS 3 and UDP Policy H3. The housing would need to be constructed over a number of years and there is currently uncertainty regarding this element of the scheme. The masterplan is only indicative as all matters have been reserved. The Applicant has issued an assurance that the residential area of the site as proposed at present would not be extended under future submissions and at a currently proposed net density of 292 dwellings per hectare there is scope to considerably reduce this density and propose houses rather than apartments whilst still meeting the requirement of PPS 3 and UDP Policy H5 of a minimum of 30 dwellings per hectare. It is considered reasonable for there to be flexibility regarding this aspect of the development given the changeable nature of the housing market and the provision of houses in place of the apartments currently shown on the masterplan could result in views of the Parish Church of St Peter from nearby public vantage points along the A666 St Peter's Way being maintained.

Responses from technical consultees have confirmed that there are no objections (subject to the planning conditions recommended at the end of this report) to the scheme in terms of archaeology, geology, heritage, transport and, from the point of view of United Utilities, the presence of the pumping station. The main impacts of the proposal are therefore considered to be as follows:-

* impact on views of the surrounding conservation areas, listed buildings and from the A666 St Peter's Way * impact on the character and appearance of the area * impact on the River Croal corridor including flood risk * impact on trees * impact on car parking

Impact on Views of the Surrounding Conservation Areas, Listed Buildings and from the A666 St Peter's Way The importance of maintaining and enhancing views of the surrounding conservation areas and listed buildings, and in particular the Grade II* Listed Parish Church of St Peter has been emphasised by the Council's conservation specialists, English Heritage and in the Church Wharf SPD. A particularly strong vista can clearly be identified on the masterplan which would facilitate views from Folds Road and in between the plots referenced MU2, MU1 and R2 through to this church. This would also be complemented by a new public square (Church Bank) adjacent to the feature residential building reference Plot R3 which would encourage people to enjoy the tranquil setting of the church. Indeed the plan attached to this report referenced "Views/Focal Points" demonstrates the consideration that has been given to creating vistas to ensure that views are focused towards All Saints Ukranian Catholic Church, Bank Street Unitarian Chapel (which would also enjoy a new public square) and the Parish Church of St Peter in the St George's, Deansgate and Churchgate Conservation Areas respectively.

Impact on the Character and Appearance of the Area PPS 1, PPS 3, RSS Policy DP3 and UDP Policies D1 and D2 provide detailed guidance to essentially encourage good quality urban design. The junction between Folds Road, Bow Street, Manor Street and Kay Street forms a key gateway to Bolton Town Centre in a relatively low lying part of the application site. At present the poor treatment at the street frontages and the presence of extensive surface car parking in the surrounding area results in an environment that requires new townscape to significantly improve the area. Strong building at the frontages and landmark buildings with high quality public realm is required to substantially regenerate this important locality and to extend the central core area.

The Church Wharf SPD identifies an opportunity to develop softer character around the River Croal to include landscaping, open space and public realm to complement the elevated grounds surrounding the adjacent Parish Church of St Peter and the relatively recent treatment to Churchgate. This would provide an attractive setting and accessibility to the Church Wharf development.

The Applicant has identified 3 distinct character areas that would be established as a result of the development which would interact with each other and the surrounding built environment. The commercial "Urban Plateau" in the northern area of the site would comprise a particularly dense pattern of built development to replace the existing open unattractive surface car parking and address the street frontages. There is currently demand for larger office buildings to complement the existing smaller scale development in Bolton Town Centre. Bolton Council does not have a "tall buildings" policy but this edge of centre location is considered to be prime for this type of development which would not only secure essential regeneration but would represent a message to travellers along St Peter's Way and entrants approaching the major adjacent road junction that Bolton is a resurgent town.

CABE is concerned that Folds Road and Bow Street divide the site and dominate the layout but the application proposes the narrowing of Folds Road for private cars by replacing an existing lane with a bus and cycle lane. It is considered that the presence of the large scale commercial development and landscaping at the street frontages would improve the street scape and create the perception of a link with the leisure area opposite. Also the construction of the Plot C11 offices at the junction of Manor Street and Bow Street at the fringe of the leisure area would further strengthen the integration within the development. The leisure dominated "Urban Hillside" would sensibly include public squares to complement the new hotel and cinema and would generally be a pedestrian friendly area alongside this relatively narrow section of Manor Street. The predominantly residential "Green Valley Bottom" area would enjoy a considerably lower form of built density to respect the River Croal open space link and the presence of the United Utilities pumping station and to create a softer, more green environment so that residents can enjoy the open space, landscaping and public realm.

The creation of the buildings referenced MU1 and R2, each containing an estimated 5-7 floors would create a strong frontage along Brown Street to transform the character of the area. The proposed building heights have been designed to respond to the significant fall in levels from Bank Street through to Manor Street with an increase from 3-5 floors at Plot LP1 to 5-7 floors at Plot C11 and from 5-7 floors at Plot MU1 to 7-9 floors at LP2 to follow the

72 decreasing topography. This latter building would be the central hotel landmark feature building which would preside by the sizeable road junction at the fulcrum of the site. On the opposite side of Bow Street and Folds Road, where ground levels rise significantly again in close proximity to the St George's Conservation Area, the commercial buildings are reduced to 4-6 floors though Plot C4 would be of a greater scale of 5-7 floors to reflect its location at the north-east edge of the site adjacent to the elevated A666 St Peter's Way.

CABE considers that some of the plots could appear monolithic and advises that the Local Planning Authority should not be under the impression that the scale of such buildings could be readily broken down via more detailed design. The Commission has also questioned whether the development would relate successfully to the surrounding environment as the correlation between the site analysis work and the masterplanning urban design principles and analysis diagrams in the original Design and Access Statement was weak. The multi- storey car park at Plot CP2 has been cited as an example of the scale of the development potentially appearing incongruous. It has also been recommended that a more rigorous assessment of scale supported by detailed sections and a three-dimensional massing strategy be included as part of the application to show the minimum and maximum heights on detailed elevational drawings together with an explanation and justification for the principles behind the blocks proposed and how this would coincide with the civic buildings within the town. The initial three-dimensional illustrative views are not considered to be adequate by CABE to enable a qualitative assessment. Concern has also been raised that there was a lack of clarity regarding how the subdivision of the plots coincides with the character areas and it was difficult to see how a plot with different character areas within it would be built out. Furthermore, there would be no guarantee that the plots would come together to create a sense of place.

However, CABE has not been able to resource a site visit and this is considered to be essential to fully understand the challenges presented by the existing ground levels and the positive way the scheme has responded to this challenge. The scheme has been carefully considered relative to the distinctive site topography and it is not considered appropriate to restrict the development to a consistent roofline height. Planning and Urban Design Officers have been involved in lengthy pre-application negotiations and have concluded that the balance of scale throughout the site is appropriate for this unique locality. For example, Plot CP2 would replace the substantial Bow Street MSCP and would be sited adjacent to the current Argos premises which is of sizeable scale and massing. The issues raised by CABE are subjective judgements and the Council's Urban Design Officers have issued detailed comments to explain why they do not consider that the masterplan would result in an inappropriate development relative to the existing urban grain of Bolton Town Centre.

In addition, the Applicant has now submitted more detailed site analysis to offer further explanation regarding the relationship between the proposed development and the surrounding townscape and of the three new character zones. Furthermore, greater detail of the principles behind the 3-dimensional perspectives of the scheme to be proposed at the reserved matters stage and cross-sectional drawings of the development relative to Bolton Town Centre have been supplied. These demonstrate that the height of the new development would not exceed the general height of the existing development in Bolton Town Centre due to the topography and would be compatible with the secondary subservient roof heights across the Town Centre beneath the Town Hall clock tower and the

73 church spires. All new information is available for inspection by Members and Officers are satisfied that this adequately demonstrates that the relationship with the surrounding heritage would be successful and that the concerns of CABE have been satisfactorily addressed. This has been referred to CABE for consideration at a design review meeting scheduled for Monday 8th September and any updated comments will be reported at the meeting. It is important though to bear in mind that this is an outline proposal only at this stage and the 3-dimensional massing strategy encouraged by CABE is considered to be too onerous a request before approval is given for the development in principle, to which CABE raises no objection. A planning condition is however recommended to ensure that the details in the updated Design and Access Statement are adhered to in future applications and CABE would be consulted further on all submissions.

The proposed creation of Chapel Square with active frontages to the new adjoining development including the feature cinema building is respectful to the presence of the Bank Street Unitarian Chapel and this would form a pleasant area of public realm linking Crown Street (which is to be pedestrianised separately as part of the Town Centre Churchgate/Deansgate pedestrian scheme) with Bank Street. Only a narrow section of Manor Street (which is to be one-way to vehicles only heading to the south) would sever the otherwise strong and attractive link between this square and the River Croal corridor for pedestrians. The square would be developed with tiered levels, mature and semi-mature tree planting, timber seating plinths and water features. In order to be linked with the cinema and leisure plot at the northern edge of the square it would be necessary to build over a section of the River Croal which flows considerably below ground level.

Members will note from the masterplan layout that car parking has been sensitively designed into the scheme. For example in the commercial area in the northern area of the site the surface parking for the buildings referenced as Plots 1-5 has been positioned in the central and rear areas so that it is enclosed by the new built form kept discrete from public vantage points along the nearby highway network. Two multi-storey car parks would also be provided. One would be located on part of the existing footprint of the Bow Street MSCP and would be an improvement on the current building which is in poor structural condition and in need of regeneration. The other would be accommodated in a mixed use building also providing residential, shopping and leisure units fronting Hotel Square and Manor Street.

Impact on the River Croal Corridor Including Flood Risk The River Croal corridor has been identified as an open space link in the Development Plan. Policy TC9 applies to such land and states that the Council will not permit development which result in detriment to such a visual link as the use of open spaces can be greatly increased by better management and maintenance and by strengthening and enhancing linkages. This is engulfed by a recognised fluvial floodplain so Policy EM11 also appertains to the area and this reads as follows:

The Council will only permit development within floodplains, as shown indicatively on the Proposals Map, if:

(i) it would not increase the risk of flooding;

(a) by reducing the capacity of a floodplain;

74 (b) by increasing flows within a floodplain; or (c) through the discharge of additional surface water;

(ii) it would not be at risk itself from flooding; and (iii) adequate provision is made for access to watercourses for maintenance.

A Flood Risk Assessment may be required where it is considered that there would be an increased risk of flooding as a result of the development or the development itself would be at risk of flooding. Where development is permitted, the Council may impose conditions or seek agreements to ensure that compensatory measures that may be required to alleviate flood risk both on and offsite are provided. The effectiveness of a floodplain should not be impaired by development; its occupiers put at risk nor additional run off from the development exceed the capacity of water resources and the floodplain downstream. Where development is allowed, any compensatory measures should be included in development proposals together with an assessment of their effectiveness compared to the flood risk implications. It is important that the proposals do not damage, but protect and enhance the environmental quality of the river, its surroundings and natural history interests.

The Applicant has included a landscape statement within the Design and Access Statement to confirm a commitment to improving the embankments and opening up newly linked areas of the River Croal corridor to create high quality attractive public realm and new trees and planting along this route. This would help to integrate the river with the development and in particular the adjacent residential area as proposed.

By locating the proposed residential area in the south-eastern area of the site there is a requirement for a spacious and attractive landscape environment which links in with the need to create an attractive, tranquil pedestrian setting to the River Croal. This is a protected open space route as designated in the Development Plan for the Borough and there is a planning aspiration for this to encourage movement towards the green setting of the Parish Church of St Peter and the wider Town Centre area. The Applicant is aware of the need for this accessibility and has provided a public realm strategy as part of the Design and Access Statement. There would be plenty of natural surveillance of the route (a stark contrast to the present arrangements) as the buildings have been orientated so that there would be plenty of overlooking of the riverside. The Applicant is also intending to submit a site wide lighting strategy in future applications.

It is therefore considered that the residential development is the most appropriate form of land use for the south-eastern area of the application site. Capita Symonds Structures on behalf of the Applicant has recently submitted additional information including hydraulic modelling to accompany the original Flood Risk Assessment. This demonstrates that this area can be developed as a low risk flood zone falling within Flood Zone 1 of PPS 25 and Capita Symonds Structures has consequently asked the Environment Agency to withdraw the initial objection to the residential element of the scheme which was raised on the basis that the risk was considered to be potentially significantly higher. Such low level flood risk would mean that a sequential analysis of alternative sites and a justification of the exceptional merits of the development would not be necessary and given the strategic nature of the proposed scheme, the importance of the location and the links between the residential area and the River Croal the Applicant was advised to review the design levels for

75 the development and address the matters raised by the Agency to overcome the objection. Confirmation of the current position will be reported at the meeting.

The Environment Agency has advised that the masterplan in respect of the residential area requires a number of revisions (as described earlier in this report) at the detailed stage. The Applicant is also intending to review the layout of this part of the development due to concerns over the current housing market conditions though the extent of the residential zone would not be changed. The Environment Agency has encouraged further discussions regarding revised layout options for the housing area prior to the submission of any reserved matters and this request would be included as an informative on the decision notice should outline planning permission be granted.

Impact on Trees UDP Policies D3, D7 and D8 encourage the retention of protected trees and strategic new tree planting where possible in new developments. The Council's Tree and Woodland Officers and the Landscape Architects initially raised concerns regarding the lack of a tree survey and clarity over future planting. Planit, on behalf of the Applicant, has subsequently issued a Tree Statement which includes the following principles upon which the reserved matters planning applications will be based:

* where possible tree cover will be maintained and reinforced with native species along the A666 St Peter's Way, Folds Street and Bow Street corridors;

* the civil engineering works necessary to facilitate the culverting of the River Croal and the creation of Chapel Square adjacent to the Bank Street Unitarian Chapel would inevitably require the removal of an existing group of trees covered by a Tree Preservation Order. The trees as individual specimens are of limited visual amenity value but have been protected due to their collective appearance as a landscape feature in this predominantly urban environment. The Applicant is proposing to plant rows of semi- mature peripheral trees and a single mature focal specimen tree within the new square to compensate for this loss;

* no other trees within the application site are protected by a Tree Preservation Order;

* all proposed species, specification and tree implementation shall accord with Bolton Council's Public Realm Implementation Framework;

* all proposed trees would be managed as part of a site wide management and maintenance plan framework plan whereas at present a lack of such maintenance leaves the treestock vulnerable to vandalism and deterioration.

It is considered that this is a satisfactory proposal given the overwhelming need for new townscape in this area of the town. The Applicant has been asked to supply a plan of all underground services so that Members are aware of where tree planting would be restricted or where services may need to be relocated.

76 Impact on Car Parking The triangular area of land within the application site bounded by Folds Road, Kay Street and the A666 St Peter's Way has been allocated in the Unitary Development Plan for the replacement of the existing surface car park with a new multi-storey car park. This however was prior to the preparation of the Town Centre Transport Strategy in 2007 (Policy TC7). Exceptions to this policy may be permitted where:

(i) alternative provision to an equivalent or better standard is made as part of the proposal in an appropriate location; or

(ii) it can be proven that there is no need for the facility in relation to present or future needs.

The masterplan proposes that this area of land would be developed for commercial purposes instead of a car park. However, two new multi-storey car parks are to be provided elsewhere in the site prompting the Applicant to contest that this meets the first test of the policy above and this would be tested under the relevant reserved matters details. These would be provided instead of widespread surface car parking around the application site as is required by the Church Wharf SPD. The Applicant has also confirmed that a large number of car parking spaces would be provided in undercrofts, courtyards and on the streets throughout the development but this would not exceed the maximum standard in the UDP as would be demonstrated in each reserved matters application. Furthermore, the Council's recently updated Transport Strategy acknowledges that this site is being proposed for alternative use within the Church Wharf development and three multi-storey car parks for the Town Centre are instead proposed at Deane Road, Bath Street (current planning applications have been registered with Bolton Council) and Breightmet Street.

Long-term cycle parking for the development is to be provided in one of the multi-storey car parks.

Other Matters Including Legal Section 106 Agreement Financial Contributions and Third Party Objections Bolton Community Homes and the Council's Education Officers have advised that contributions to affordable housing and education provision would usually be required for a development of this nature and there are also UDP policies and supplementary guidance to achieve public open space and public art (O4 and PCPN 22). Furthermore, the Council's Landscape Architects and the Greater Manchester Passenger Transport Executive have suggested the use of Section 106 Legal Agreements to secure investment into Town Centre planting and public transport. However, the priority in Bolton Town Centre, as confirmed in Bolton Council's Town Centre Planning Obligations Interim Document, is for new schemes to conform to the Public Realm Implementation Framework which is essential for a development of this scale and the full details of the public realm are to be secured at the reserved matters stages further to the proposals in the current Design and Access Statement. It is recommended that other aspirations are not pursued in favour of public realm, as the proposal includes significant provision for the treatment of streets (including new furniture), spaces, squares and architectural lighting which would transform the current streetscape and adjoining land use.

77 With regard to the third party representations received none of the buildings referred to enjoy special protection or have even been identified as being of high quality architecture in Building Bolton and therefore the objections are unsustainable.

Value Added to and by the Development In financial terms this proposal amounts to approximately £210 million of investment in Bolton Town Centre and is estimated to be capable of generating over 1,500 jobs. The subjective value of the new townscape and the contribution to the overall regeneration of a transformed Bolton Town Centre cannot be underestimated. This development would help maintain Bolton's position as the largest and fastest growing economic centre outside the conurbation core and as a key driver of the North Manchester Economy.

Conclusion The proposed development would represent the revival of almost 6 hectares of land at a key gateway to Bolton Town Centre and would meet the requirements of the Local Planning Authority's policy framework and also broader corporate aims of Bolton Council. The mix of uses incorporating leisure (including new cinema provision currently unavailable in the Town Centre), commercial, residential and retail buildings would not only contribute to urban regeneration but would encourage people to live, work and visit this extension to the core central area so that it would be vibrant during the day and at night outside the main retailing hours. The area is accessible by public transport and the location would reduce the need for additional travel for the Bolton community thereby helping to narrow the gap between the most and least well off as is aspired to in "Bolton Our Vision: 2007-2017". The scheme would repair, revitalise and transform the urban grain along a number of primary frontages and would create public places and attractive pedestrian environments, particularly along the River Croal corridor. The improvement to Bolton Town Centre would be significant and is a key aspiration of Bolton Council which has worked in partnership with the Applicant under a strategic development framework to secure this future prosperity for the town. The concerns raised by the Environment Agency and CABE are considered to be resolvable and it is recommended that Members grant outline planning permission subject to the conditions below to enable the scheme to be progressed to the reserved matters stages.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. Applications for the approval of Reserved Matters must be made not later than the expiration of fifteen 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.

2. A) Approval of the following details (hereinafter referred to as "The Reserved Matters") shall be obtained from the Local Planning Authority in writing in respect of each phase of the development before any development upon the phase concerned 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. The layout schemes to be submitted at the Reserved Matters stage relating to land adjoining the River Croal shall include provision for access to enable maintenance and an appropriate ecological, recreational and amenity buffer between the development and the remaining open sections of the channel along this river.

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.

Access

This covers accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network.

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.

The submitted landscaping schemes shall:

(iii) accord with the design principles set out in the approved Tree Statement (iv) include a scheme for boundary treatment adjacent to the watercourse for the relevant phases; and (v) include a planting scheme for landscaping along the River Croal and connecting greenspace corridors for the relevant phases, to be carried out in accordance with an agreed programme for planting and maintenance related to stages for completion of the development and incorporating a planting schedule based on locally native species.

Reason

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

B) Full details of the phasing of the submission of Reserved Matters and the construction of the development hereby approved shall be submitted to, and approved in writing by, the LPA on or before the submission of the first Reserved Matters application. The development shall be carried out in accordance with the phasing details approved under this condition unless otherwise agreed in writing with the LPA.

Reason

To ensure that the development is safe for use.

3. The submitted Phase 1 Desk Study Report and Preliminary Phase II Site Investigation and Assessment by Capita Symonds Structures referenced SS016087/PI_DS/OCTOBER 2007 and received

79 on 20th March 2008 is hereby approved by the Local Planning Authority. In the light of the findings of the approved reports the following works shall be submitted to the Local Planning Authority for approval as part of all subsequent Reserved Matters submissions: an updated Geo-environmental Phase I study; site investigation; risk assessment; remediation (if necessary) and validation of any remediation.

Reason

To ensure the development is safe for use.

4. Details of schemes for the phased provision of surface water drainage works and/or other infrastructure/service works (including diversions) shall be submitted to and approved by the Local Planning Authority in accordance with the approved phasing details submitted under Condition 2B above. The schemes shall be completed in accordance with the approved plans and phasing details in each case and be retained thereafter so long as the agreed development is present on site.

Reason

To reduce the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

5. In accordance with the approved phasing details submitted under Condition 2B above, no above ground level development approved by this permission shall be commenced until details of the proposed floor levels (relative to the topographical survey submitted with this application) have been submitted for the relevant phase and approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved phasing details and details of the proposed floor levels in each case.

Reason

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

6. No development shall take place unless and until a phasing plan showing the phases by which car parking provision on the site will be developed, including temporary car parking pending the completion of permanent development uses, has been submitted to and approved by the Local Planning Authority in writing and the phasing of development shall be carried out entirely in accordance with the approved plan, unless otherwise agreed in writing by the Local Planning Authority.

Reason

To ensure the satisfactory development of the site.

7. The details submitted under Condition 6 shall include the details of a disabled persons parking scheme, indicating the provision to be made in accordance with the Car Parking Standards set out in Appendix 7 of the adopted Bolton Unitary Development Plan 2005, shall be submitted to and approved by the Local Planning Authority. The approved car parking areas shall laid out and reserved at all times for use by drivers with disabilities before the relevant phase of the development hereby approved/permitted is first brought into use and thereafter retained as the long as the development is on site, unless otherwise agreed in writing with the Local Planning Authority.

Reason

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

8. All premises shall be used for the purposes identified in the appertaining Class of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as designated on the submitted planning

80 application forms), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, and for no other purposes.

Reason

For the avoidance of doubt as to what is permitted.

9. The details submitted under Condition 6 shall include details of the provision to be made for cycle parking within the site. Such details as are approved shall be implemented in full before the relevant phase of development hereby approved is first brought into use and retained thereafter so long as the development is on site.

Reason

To encourage cycle use and provide adequate facilities for cyclists.

10. 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 construction of 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 during the construction period.

11. In respect of each phase of development as approved under Condition 2B above, prior to first occupation of the development which contains the phase concerned, the relevant travel plans shall be submitted for each respective development of that phase, which shall be in accordance with the submitted residential framework travel plan and commercial framework travel plan by Faber Maunsell dated March 2008 and hereby approved, and such travel plans as approved shall be implemented in full within 3 months of the first use of each respective development area and so retained thereafter, so long as the development is present on the site, unless otherwise agreed in writing by the Local Planning Authority.

Reason

In the interests of reducing reliance on the car as a primary means of transport.

12. No development shall commence unless and until a traffic management and phasing scheme detailing access, servicing, location of site cabins, hours and parking arrangements during the construction of the development hereby approved/permitted, has been submitted to the Local Planning Authority for approval. Construction of the development shall be implemented in full accordance with the approved traffic management and phasing scheme or any variation to that scheme approved by the LPA until construction of the development is complete.

Reason

To ensure that pedestrian permeability and vehicle access, servicing and parking arrangements within the town centre are not unreasonably affected during the construction phases.

13. Prior to the commencement of the phase of the development involving the area shown to include Unit R2 on the Scheme Masterplan, as approved under Condition 2B above, odour dispersion modelling shall be undertaken, for odours arising specifically from the United Utilities pumping station during normal use, and the results submitted to and approved in writing by the Local Planning Authority. Any recommended mitigation measures shall be implemented entirely in accordance with the approved details prior to first occupation of the buildings included in this Reserved Matters application and shall be so retained thereafter.

81 Reason

To safeguard the amenities and living conditions enjoyed by future residents.

14. The submission of any Reserved Matters application under Conditions 2A and 2B which affects the current access to the United Utilities pumping station and detention tanks shall include details of the temporary and permanent means of access for articulated heavy goods vehicles to the United Utilities during the construction period and thereafter. Such details, to include proposed timescales for implementation, shall be approved in writing by the Local Planning Authority prior to the commencement of development of that particular phase. The development shall then be carried out entirely in accordance with the approved details and be so retained thereafter.

Reason

To secure satisfactory access arrangements for United Utilities.

15. The submission of Reserved Matters applications under Conditions 2A and 2B shall include landscape and habitat management plans to be approved by the Local Planning Authority before development is started. Such schemes shall be implemented 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. The management of landscape and habitats shall be carried out entirely in accordance with the approved details during the life of the development.

Reason

To maintain the character and appearance of the area and in the interests of species protection.

16. The submission of Reserved Matters under Conditions 2A and 2B shall include a survey of nesting birds within the relevant phase undertaken by a suitably qualified person, such person to be agreed by the Local Planning Authority. On a phase by phase basis, in the event that nesting birds are shown to be present, no development shall take place in respect of the phase concerned between 1st March and 31st July each year unless a mitigation strategy has been approved by the Local Planning Authority, is implemented accordingly prior to the commencement of development and is retained throughout the construction period.

Reason

In the interests of species protection.

17. The submission of Reserved Matters applications under Conditions 2A and 2B shall include a Site Waste Management Plan, to include phasing details and proposed timescales for implementation, which shall be approved by the Local Planning Authority prior to the commencement of each phase of development. Such management measures shall be implemented entirely in accordance with the approved details and be so retained thereafter.

Reason

To secure satisfactory waste management at the site.

18. All demolition and development shall be carried out entirely in accordance with the recommendations made in Sections 4.1-4.9 of the bat survey report supplied by Penny Anderson Associates Ltd dated July 2008 and referenced 080460 and all measures to provide for bats in the future must be implemented prior to first occupation of the new buildings and be so retained thereafter.

Reason

In the interests of species protection.

82 19. No development/demolition should be undertaken until the Applicant has secured the implementation of a programme of building recording and archaeological work, if necessary on a phased basis, in accordance with a written scheme of investigation approved by the Local Planning Authority.

Reason

To make a record of the buildings and below ground archaeological remains for archive and research purposes.

20. The development hereby approved/permitted (and any subsequent Reserved Matters applications) shall be designed and implemented substantially in accordance with the siting, locations and maximum heights of the leisure, commercial, retail, mixed use and multi-storey car park development types that are shown on the submitted/approved Masterplan Scheme layout plan referenced (20) 010 Revision C, (20) 011 Revision C and (20) 012 Revision C and the Design and Access Statement submitted by Carey Jones Architects dated August 2008.

Reason

To ensure that the form of development is implemented in accordance with the outline planning permission.

21. The development shall be carried out entirely in accordance with the recommendations made in the Environmental Noise Studies submitted by Sol Acoustics on 20th March 2008 and 28th August 2008 referenced P1136-REP01-MPF and MPF/P1138/L02 respectively. All approved noise mitigation measures relating to each phase shall be implemented in full prior to first occupation of the buildings of the phase to which that Reserved Matters application relates and be so retained thereafter.

Reason

To safeguard the amenity of the area.

22. 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 night time LAF90(5 min) or daytime LAF90(1 hour), as appropriate, as measured 4 metres from the nearest residential properties. The monitoring information and the acoustic calculations together with the proposed fixed plant and equipment and any attenuation required should be submitted to the Local planning Authority for approval prior to the commencement of installation. Reason To minimise the impact of noise on the commercial & residential amenity of the area.

23. Before the commencement of the use of a unit of Use Class A3 (Restaurants and Cafes), A4 (Drinking Establishments) or A5 (Hot Food Takeaways) hereby permitted, a scheme showing details of the means of extraction and filtration of cooking odours in respect of that unit, which should also comply with requirements of Condition 23 above, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the use of each relevant unit hereby permitted is first commenced and retained thereafter at all times. Reason To minimise the impact of odours on the commercial and residential amenity of the area.

24. Before development commences details on a phase by phase basis, details of all external lighting to non-residential buildings shall be submitted to and approved by the Local Planning Authority. The lighting to these non-residential buildings 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

84 provide a standard maintained illumination of 5 LUX at the nearest residential property. Reason To minimise the impact of light on the residential amenity of the area.

25. A monitoring scheme, to include proposed timescales for implementation, for the assessment of the air pollution levels within the area of the residential development adjoining the A666 St Peter's Way shall be submitted to and approved by the Local Planning Authority prior to the commencement of any such residential development. The result from this survey shall be utilised to reassess the Air Quality Model submitted in support of this application to determine a scheme to ensure that these residential properties, proposed as part of this development, are not exposed to air quality levels exceeding those stipulated by the Air Quality (England)(Amendment) Regulations 2002; SI 2002 No. 3117. The approved details shall be implemented in full prior to the first occupation of these residential properties and shall be retained thereafter. Reason To minimise the impact of air pollutants on the new residential amenity of the area.

26. The development shall be carried out entirely in accordance with the provisions of the Sustainability Strategy and Action Plan supplied by Faber Maunsell dated March 2008.

Reason

To ensure sustainable development.

27. All subsequent Reserved Matters applications shall include full details of the provision of public realm works including hard and soft landscaping, surface materials (including Yorkstone flags and Granite or reclaimed setts and Granite kerbs where appropriate) to streets and spaces, planting, furniture and lighting (including architectural lighting) which shall be substantially in accordance with the adopted Public Realm Implementation Framework 2007 - 2012.

Reason

To safeguard the pedestrian environment and setting of Bolton Town Centre.

85 86 87 88 89 90 91 92 93 94 95 96 97

100 Date of Meeting: 18 September 2008 Item Number: 8

Application Reference: 80311/08

Type of Application: Full Planning Application Registration Date: 13/06/2008 Decision Due By: 12/09/2008 Responsible Helen Williams Officer:

Location: LAND AT REAR OF 175-211 STATION ROAD, BLACKROD, BOLTON.

Proposal: DEMOLITION OF 197 STATION ROAD AND ERECTION OF 12 NO. DWELLINGS AND GARAGES, INCLUDING NEW VEHICULAR ACCESS

Ward: Horwich and Blackrod

Applicant: Wainhomes Developments Ltd Agent : Sedgwick Associates

Officers Report

Background This application was deferred at the last Committee meeting to ascertain whether the developer would be able to include some parking for the residents of 199 - 211 Station Road within the application site. The developer's response to this query will be reported before the meeting within the Schedule of Supplementary Information.

Proposal Permission is sought for the erection of 12 dwellings to the rear of 175 to 211 Station Road and the demolition of 197 Station Road, to accommodate an access road and footways into the proposed development from Station Road. The proposed dwellings comprise seven detached properties, two semi-detached properties and a row of three properties. Plot 1 and plots 8 to 12 are proposed at three storeys in height, plots 2 to 6 are also to be three storeys in height but with the second floor being contained within the roofspace, and plot 7 is to be two storeys. All the dwellings are to have garage space and front and rear gardens.

This application is a resubmission of planning application 77475/07 (for the erection of 13 dwellings following the demolition of 197 Station Road), which was refused by the Council under delegated powers on 20th August 2007 and then dismissed at appeal on 17th April 2008.

Site Characteristics The application site is 0.4 hectares in size and comprises land to the rear of 175 to 211 Station Road, the terraced dwelling of 197 Station Road and the existing side road between

101 197 and 199 Station Road. The site is within the urban area, on the eastern edge of Blackrod and unallocated with the UDP.

The site contains a garage, a greenhouse, two air raid shelters, a container and some fencing. The majority of the site is heavily vegetated and includes trees and Japanese knotweed. Although the Council argued at the public inquiry for the site (application 77475/07) that the site was wholly greenfield (not previously developed), the Inspector considered that approximately 30% of the site is actually brownfield (previously developed) due to the presence of the structures. The Inspector therefore concluded that the application site does not fit neatly into either a greenfield or a brownfield category.

Adjoining the site to the south east are rows of terraced housing along Station Road. To the north west of the site is undeveloped land, similar in character to the application site. A dismantled railway borders the site to the north and separates the site from Rivington View Business Park. To the south west of the site is Blackrod Railway Station.

Station Road (B5238) links Horwich with Blackrod and serves both residential and commercial development.

Policy RSS13 North West

PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport PPS23 Planning and Pollution Control

UDP Policies: H1, H2 Housing; H3 Housing Applications; A5 Road Network; A6 Parking Standards; D1, D2 Design; D3 Landscaping; N7 Trees; EM2 Incompatible Uses; EM4 Contaminated Land.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN10 Planning Out Crime; PCPN21 Highway Considerations; PCPN27 Housing Development; SPD Sustainable Design and Construction.

History Planning application 77475/07 for the erection of 13 dwellings together with garages and the formation of an access road, following the demolition of 197 Station Road was refused by the Council under delegated powers on 20th August 2007 and then dismissed at appeal on 17th April 2008. The Council originally refused the application for the following reasons:

"1. The proposal would result in the development of a greenfield site and would be contrary to the sequential approach to development in Policy H3 of Bolton's Unitary Development Plan and Policy DP1 of the Regional Spatial Strategy for the North West.

2. The access to the site is sub-standard in highways terms to the detriment of highway safety and the proposal is therefore contrary to Policy A5 of Bolton's Unitary Development Plan and planning Control Policy Note No. 21 "Highways Considerations".

102

3. The proposed development would be contrary to Policies D2, D3 and N7 of Bolton's Unitary Development Plan in that it would result in a cramped layout, the unacceptable loss of trees from the site, to the detriment of the character, appearance and amenity of the application site and the area in which it is set.

4. Insufficient information has been provided by the application with regard to a compliant Phase I Study to enable the proposal to be properly judged against PPS23 Planning and Pollution Control and Policy EM4 of Bolton's Unitary Development Plan. The submitted Phase I Study failed to include (a) site reconnaissance/walkover, (b) a preliminary risk assessment and conceptual model based on historical use of the site and the surrounding area, (c) no interpretation of findings, and (d) no recommendations."

Before the original application was heard at public inquiry it was agreed between the Council and the Appellant that the proposed access would be acceptable in terms of the new standards contained within national guidance "Manual for Streets", that the existing access to the rear of the houses on Station Road is already substandard and that there would only be a small increase in traffic using the access. The second reason for refusal was therefore not contended at the public inquiry and the Inspector agreed that the proposed access and increase in traffic would not be detrimental to highway safety.

Sufficient information regarding possible site contamination was also submitted to the Council prior to the public inquiry and therefore the fourth reason for refusal was also not contended. Reasons one and three were therefore the only issues examined during the appeal process.

Despite the Council's argument that the application site is wholly a greenfield site, the Planning Inspector considered that approximately 30% of the site is brownfield (previously developed) and therefore the site does not fit neatly into either category. The Inspector also believed that the site is in a highly sustainable urban location and that any development on the site would not compromise the objectives of housing planning policy. The Inspector therefore concluded that the principle of residential development on this site is acceptable.

The original planning application was therefore dismissed at appeal only for the third reason for refusal given by the Council. The Inspector agreed with the Council that the siting of a number of houses would result in poor outlook for future residents, but did not agree that the proposal provided insufficient amenity space for the houses nor that the trees lost by the scheme could not be adequately replaced. The appeal was therefore only dismissed for siting reasons.

An outline planning application for the demolition of 197 Station Road and the erection of 19 houses at land to the rear of 175 to 221 Station Road (siting and means of access details only) was refused at Planning Committee on 14th January 1999 (53582/98). This proposed site was larger than the current application site, extending further back. The application was refused for the following reason:

103 "The proposed access cannot provide satisfactory visibility or minimum footway widths around the entrance radius at its junction with Station Road. This is likely to be detrimental to highway safety and is contrary to Policy T4/4 of the Unitary Development Plan."

This outline application was subsequently dismissed at appeal on 24th November 1999.

A planning application for the use of the site as a storage and distribution centre for bottles gas and turf together with the siting (for a temporary period) of two Portakabins was refused on 23rd June 1986 (27244/86).

Technical Consultations Bolton Council - Highway Engineers:- state that the principle of access from Station Road has already been agreed through appeal.

Bolton Council - Environmental Health Officers:- comments will be reported at the meeting.

Bolton Council - Tree and Woodland Officers:- comment that there are a number of trees on the site which are of amenity value to the area. The trees however are not of a quality suitable for a Tree Preservation Order. It is recommended that if the development is to be considered there should be substantial new tree planting within the scheme. The density of the development would appear to preclude such planting.

Bolton Council - Landscape Architects:- as there is Japanese knotweed on the site a methodology statement for its removal should be included as a planning condition.

Bolton Council - Conservation and Urban Design Officers:- state that overall the layout of the houses appear acceptable, but the design of some of the houses need amending. The applicant has amended elevations to the Chatsworth and Brancaster style houses (plots 1 and 7) in line with Officers' comments.

Bolton Council - Sustainable Development Officers:- The Applicant was requested to submit a sustainability statement to accompany the application, in line with the guidance set out in the Council’s Supplementary Planning Document “Sustainable Design and Construction”. The Applicant has not provided a sustainability statement, stating that to do so would be contrary to national policy (PPS1), which states that any policy relating to local requirements for sustainable buildings should be set out in a development plan, not in a supplementary planning document as is the case at Bolton. The Applicant also argues that no concerns were raised by the Local Planning Authority during the determination of the last application on the site, with regard the sustainability of the design or construction of the proposal, and as such, as the newly proposed scheme has not significantly altered from the previously dismissed scheme there should be no reason for its refusal on grounds of sustainability. Notwithstanding this, Officers advise that a condition be attached to any consent to request the developer to submit a scheme prior to the commencement of development to demonstrate that the Council's requirements set out in the Sustainable Design and Construction SPD can be met.

104 Greater Manchester Police - Crime Prevention Officers:- do not object to the principle of the development. They have however made recommendations with regard to boundary treatment.

United Utilities:- have no objection.

Representations Letters:- Ten letters of objection have been received from residents at 175, 181, 183, 193, 203, 205 and 207 Station Road and 35 Lever Park Avenue, and the from J & PA Green, Station Yard. These letters raise the following concerns:

Additional traffic on Station Road; The proposed access will result in insufficient parking for existing residents; Access is inadequate; Loss of green space; The site is used as recreational/social space by locals; Loss of mature trees; Impact on wildlife; Incompatibility of the proposed houses with the nearby industrial areas; Loss of outlook for residents on Station Road; Loss of privacy; There are more suitable brownfield sites available for housing; Poor design of houses; The applicant will have trouble selling the houses (this is not a planning consideration); Land ownership issues (this is not a planning consideration); Residents will be inconvenienced by the demolition of 197 Station Road and the construction of the development (this is not a planning consideration).

Town Council:- Blackrod Town Council raised an objection to the proposal on 4th August 2008 on the grounds of increased traffic on Station Road and overdevelopment of the site.

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 on the site;

105 impact on the character, appearance and amenity of the area; impact on the highway.

The Principle of Residential Development on the Site 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 the application site has been established within the Planning Inspector's appeal notice for application 77475/07 (for the erection of 13 dwellings on the site).

In the determination of planning application 77475/07, Planning Officers considered that the whole of the application site was a greenfield site (not previously developed land) and therefore felt that any proposed residential development on the site would be contrary to PPS3 Housing and UDP Policy H3, which refers to a sequential approach to housing development. However, the Inspector considered that approximately 30 per cent of the application is brownfield (previously developed land) and the remaining 70 per cent is greenfield. The Inspector went on to state that as the previously developed parts of the site are not severable from the undeveloped parts then the application site does not fit neatly into either the greenfield or brownfield category.

Despite assessing the appeal on the basis that the majority of the site is greenfield, the Inspector concluded that a residential development on the site would not compromise the objective of PPS3 (that being to prioritise the re-use of previously developed land) and therefore the principle of residential development on the site would be acceptable. The Inspector also asserted that there are other material considerations associated with the site that outweigh any conflict with the UDP, the main one being that the site is within a "highly sustainable location", and to a lesser extent that a development will result in the eradication of Japanese knotweed, the remediation of contamination and the improvement of the access to the back street from Station Road.

Given the findings of the Inspector for the previous planning application on the site it is considered that this current application complies with PPS3, RSS13 and UDP Policy H3.

Impact on the Character, Appearance and Amenity of the Area Policy D2 of the UDP requires new development to contribute to good urban design and to be compatible with, or improve, their surroundings in terms of their layout, density, height, massing, architectural style, materials and landscaping. Policy N7 of the UDP states that the Council will not permit development proposals which result in the loss of trees of visual, historic or amenity importance and requires replacement planting where it is considered that the benefit of the development outweighs the loss of some trees.

The Council's third reason for refusing the previous application for the site (77475/07) was that the siting of the proposed 13 houses would result in a cramped layout and an

106 unacceptable loss of trees from the site, to the detriment of the character, appearance and amenity of the application site and the surrounding area. At appeal the Planning Inspector agreed with the Council that the siting of a number of the proposed houses would result in poor outlook for future residents, but did not agree that the proposal provided insufficient amenity space for the houses nor that the trees lost by the scheme could not be adequately replaced. The application for 13 houses was therefore dismissed at appeal for siting reasons only.

The Applicant has addressed this reason for dismissing the appeal by losing one house from the scheme (the application is now for 12 houses rather than 13). By losing one house all the proposed houses now have adequate outlooks and private amenity space. The distances between the proposed houses and the existing terraced houses on Station Road also meet the minimum standards contained within PCPN2 "Space Around Dwellings". It is therefore considered that the proposed development will not have an adverse impact on the living conditions of future and existing residents.

In line with the comments made by the Inspector within the appeal decision for application 77475/07, it is suggested that a condition be attached to any consent to require sufficient new planting within the site to replace the lost trees.

The proposed development comprises a mix of house types, sizes and heights. After advice from the Council's Design Officers the Applicant has amended the elevations for the Chatsworth type (plot 1) and the Brancaster type (plot 7). Though rather uninspiring in design, it is considered that the design of the houses are compatible with the area and therefore comply with Policies D2 and H3 of the UDP.

It is considered that the application complies with Policies D2, N7 and H3 of the UDP and PCPN2.

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

The applicant proposes to demolish 197 Station Road (an end terrace) to accommodate a new vehicular access into the application site. The access is to have a footway on each side and a visibility splay of 2.4 metres by 70 metres in each direction.

One of the reasons the Council refused application 77475/07 for 13 houses on the application site was that it was considered at the time that the proposed access into the site would be sub-standard and detrimental to highway safety. At the public inquiry for the application it was conceded that an x distance of 2.4 metres would be acceptable in this instance, after taking into account the existing use of a severely sub-standard access and the low volume of traffic predicted to use the improved access. When an x distance of 2.4 metres is applied the recommended y distance of 70 metres can be achieved in both directions. The Inspector also noted that the proposed access would represent an improvement on the access which currently exists and that a net increase of 12 dwellings

107 would not represent a significant increase in terms of the use of the access given the existing and potential usage.

The access details for this current application, for one less house, are the same as those previously proposed within application 77475/07. Given the Inspector's findings it is therefore considered that the proposal would not effect highway safety and therefore would comply with Policy A5 of the UDP and PCPN21.

Residents of Station Road have queried how they will access the back street behind their houses as the submitted plans show continuous footways across the back street. The Applicant has confirmed that the footways at this location will be dropped to allow vehicles to access the back street.

Residents have also raised concerns with regard to where they will park their vehicles, as the proposed access road is currently used for the parking of three vehicles. At the previous appeal the Inspector addressed this objection stating that, given the existing parking provision to the rear of Station Road, it was not considered that the proposal would materially affect existing on-street parking provisions or demands on that provision. It is therefore considered that the application also complies with Policy A6 of the UDP.

Conclusion A previous appeal for the application site has established that the principle of residential development on the site is acceptable and that a residential development and the proposed access would not be detrimental to highway safety. The Applicant has successfully addressed previous concerns relating to the layout of the proposed houses and therefore it is considered that the proposed residential development would comply with national and local planning policy. Members are the 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. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Station Road has been constructed and laid out entirely in accordance with details which will have been submitted to and approved by the Local Planning Authority. The visibility splays shall be subsequently maintained free of all obstructions between the height of 1.5 metres and 2 metres (as measured above carriageway level).

Reason

In the interests of highway safety.

3. No development shall be commenced until samples of the facing materials to be used for the

108 external walls and roof(s) have been submitted to and approved in writing by the Local Planning Authority.

Reason

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

4. No development shall be commenced until full details of existing and proposed ground levels within 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 dwelling shall be occupied until the access road(s), footway(s) and footpath(s) leading thereto have been constructed in accordance with the approved plans.

Reason

For avoidance of doubt.

6. Prior to the occupation of the dwelling houses hereby permitted provision shall be made for the parking or garaging of motor vehicles to each of the dwelling houses in the area identified for that purpose on the approved plan. Those areas shall thereafter be retained at all times for that purpose. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) other than garages, no extensions, porches, outbuildings, sheds, greenhouses, oil tanks or satellite antennae shall be erected within that area.

Reason

To ensure that adequate provision is made for vehicles to be left clear of the highway.

7. 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, to enhance and improve the setting of the development within the landscape of the surrounding locality and to replace the trees lost by the development.

8. 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

109 development within the landscape character of the locality.

9. 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, garages, outbuildings or oil tanks shall be erected within the curtilage of (any of) the approved dwellinghouse(s), 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.

10. 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 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.

11. No development shall be commenced unless and until full details of a scheme for the eradication of Japanese knotweed has been submitted to and approved in writing by the Local Planning Authority. This shall include a timetable for implementation. Should a delay of more than one year occur between the date of approval of the eradication scheme and either the date of implementation of the eradication scheme or the date of development commencing, a further site survey should be

110 undertaken and submitted to the Local Planning Authority for approval in order to ensure that the agreed scheme is still applicable. The development shall then be carried out entirely in accordance with the approved details.

Reason

To prevent the spread of Japanese knotweed.

12. No development shall be commenced until a scheme has been submitted to and approved by the Local Planning Authority which demonstrates that the Council's requirements as detailed in its Sustainable Design and Construction SPD will be met. The development shall thereafter be carried out in accordance with the approved details.

Reason

To satisfy the requirements of the SPD.

111 112 113 114 115 116 117 118 Date of Meeting: 18 September 2008 Item Number: 9

Application Reference: 80628/08

Type of Application: Full Planning Application Registration Date: 06/08/2008 Decision Due By: 01/10/2008 Responsible Andrew Lancashire Officer:

Location: 55 CHORLEY ROAD, BLACKROD, BOLTON, BL6 5JU

Proposal: CHANGE OF USE FROM RESIDENTIAL TO OFFICES

Ward: Horwich and Blackrod

Applicant: WPL (UIC) Ltd Agent :

Officers Report

Proposal The application proposes to change the use of the residential property into an office (class B1). No alterations to the external appearance of the property and its curtilage are proposed

Site Characteristics 55 Chorley Road is a stone built semi detached property with 55A Chorley Road, both are currently residential properties.

A large garden extends to the south and south west of the property with a hard surfaced car parking area (for 4 cars) and separate access from Chorley Road. The carriageway to Chorley Road is relatively wide and is also used for the parking of vehicles on the western side.

Chorley Road is the northern main access route into Blackrod centre. The main commercial area of Blackrod is approximately 250 metres to the south of the site.

The site lies within the Green Belt.

Policy UDP Policies: A5, A6 (Appendix 7) Highways & Parking; D2 Design; EM2 Incompatible Uses; G1, G2, G3 Green Belt; E3 Offices

Planning Control Policy Notes: PCPN 21 Highway Considerations

History No relevant history

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Technical Consultations Bolton Council - Highway Engineers:- subject to a plan showing parking spaces and a restriction on the use to offices, no objections.

Representations Letters:- one letter of objection has been received from the occupier of the adjoining property 55A Chorley Road on the grounds that the property will be susceptible to criminal activity when vacant in the evening and weekends

Blackrod Town Council:- raise objections to the application due to adverse impacts on adjacent property by virtue of the extra noise and extra traffic.

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 character and amenity of the area * impact on the road network

Impact on Character and Amenity of the Area The immediate adjoining uses are residential.

Policy EM2 states that the Council will not permit uses which result in unacceptable impacts on existing uses. In this instance it is necessary to assess the impact on the adjacent residential uses.

PPG4 states that offices can be located within residential areas provided that measures are put in place to protect amenity.

Policy E3 of the UDP states that office uses will be permitted if the site is located within the urban area; is accessible by public transport; it is well related to significant local workforce and that it would have no unacceptable adverse impact on the amenities of adjoining uses.

The site is located just outside the town centre of Blackrod where there is a significant local workforce and suitable public transport options included a regular bus service into Bolton

120 and Chorley. The train station of Blackrod is further away, but still within reasonable walking distance. The site is considered to be accessible and located well in relation to a local workforce.

The proposed office will retain the garden area and will retain the residential character of the building. The hours of use to the property can be restricted to prevent an evening operation which will protect the amenity of the area. In this respect Members are advised that the applicant has applied for hours of opening of 08.00 - 17.00 Monday to Friday only.

Similarly Members are also advised that the issue of noise resulting from operations can also be controlled by condition requiring various elements of the building to be sound proofed.

National policy PPG4 is supportive of small firms in residential areas and it is considered that the proposal is of a particular scale and nature, subject to conditions, that is appropriate within a residential area, particularly bearing in mind the capacity of the site to accommodate off road parking without unduly affecting the character of the site or the living conditions of the adjacent properties.

Impact on the Road Network Appendix 7 of the UDP recommends that a maximum of 3.1 car spaces are needed (based on 109sqm of floor space over two floors).

PPG 13 recommends that local authorities should use their discretion in setting the levels parking appropriate for small developments so as to reflect local circumstances.

Policy A5 states that the council will not normally allow development which would have an adverse impact upon the road network.

It was clear that the site has an adequate car park for four cars within the curtilage of the property and to ensure that level of provision it is suggested that the development be conditioned subject to the submission of a layout plan detailing the said parking spaces. it is considered that this level is sufficient for the premises and the site.

Conclusion It is considered that the proposed office use can be accommodated without causing unacceptable disturbance to the character and amenity of the locality and the application is accordingly 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.

121

122

2. The premises shall be used for Offices and for no other purpose (including any other purposes in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

Reason

For the avoidance of doubt as to what is permitted.

3. No operations shall be carried out on the premises except between the hours of 08:00 and 17:00 Monday to Saturday. No activities shall take place on the premises on Sundays and Bank Holidays.

Reason

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

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

Reason

In the interests of highway safety.

5. No development shall be commenced unless or until a scheme to acoustically insulate the walls adjoining No 55A Chorley Road has been submitted to the Local Planning Authority for approval. No development shall be commenced unless or until the submitted scheme has been approved and the approved scheme shall be implemented in full prior to first occupation of that part of the development to which it relates and retained thereafter.

Reason

To safeguard the living conditions of occupiers particularly with respect to noise pollution.

123 124 Date of Meeting: 18 September 2008 Item Number: 10

Application Reference: 80643/08

Type of Application: Full Planning Application Registration Date: 28/07/2008 Decision Due By: 22/09/2008 Responsible Andrew Lancashire Officer:

Location: BROWN COW, 36 CHURCH STREET, HORWICH, BOLTON, BL6 6AD

Proposal: RETENTION OF SMOKING SHELTER IN REAR YARD.

Ward: Horwich North East

Applicant: Ms Jill Robinson Agent :

Officers Report

Proposal This development is for a lightweight smoking shelter in the back yard of an existing public house. The shelter is small scale, discrete and is screened by the boundary walls of the yard.

This application is further to a previous temporary 1 year planning permission which was time limited in order to assess the impacts of the smoking shelter.

Site Characteristics The site is at the rear yard of an existing public house within the Wallsuches Conservation Area in Horwich. The location is primarily a residential location although there are various other uses such as a church, a school, off licence and estate agents all located on Church Street. The area comprises traditional stone terraced streets.

Policy UDP Policies: A5, A6 (Appendix 7) Highways & Parking; D2 Design; D7 Conservation Areas; EM2 Incompatible Uses.

Planning Control Policy Notes: PCPN 19 Conservation Areas;

Planning Officers Society Guidance Note on Smoking Shelters 2007

History A Planning Permission was granted in September 2007 for a temporary period of 1 year for the erection of a smoking shelter (76862/07). This permission included the following condition:-

125 "The premises shall not be open to customers except between the hours of (a) 9.00 AM and (b) 10.00 PM Monday to Sunday."

Technical Consultations Bolton Council - Highway Engineers:- no objections.

Bolton Council - Environmental Health Officers:- as with the previous application 76862/07 serious concerns are expressed that activities in the rear yard of the Brown Cow may impact on neighbouring residential properties via noise disturbance. However, if the application is approved with a condition limiting the use of the yard area to 22:00hrs (as was the case app 76862/07) no objections would be raised.

Bolton Council - Conservation and Urban Design Officers:- the proposed shelter is well hidden by the boundary walls to the rear garden and is a relatively lightweight structure that will have little visual impact on the rear of the site. Climbing planters should be provided to provide some greening.

Greater Manchester Police - Crime Prevention Officers:- comments to be reported at the meeting

Bolton Access Group:- level access required into smoking shelter.

Representations Letters:- 3 letters have been received from local residents. They raise concerns over noise and disturbance, design and smoke pollution to neighbouring dwellings.

Horwich Town Council:- no objections to the smoking shelter even with no condition to restrict the hours that the smoking shelter can be used, as any restriction at the rear forces people out on to the street frontage to the detriment of general amenity.

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 noise and disturbance * impact on design

126 * impact on parking

Impact on Noise and Disturbance Policy EM2 seeks to prevent incompatible uses from impacting on each other. The pub is set within a residential area and adjoins a terraced house. The smoking shelter at the rear is immediately adjacent to the back yard of a dwellinghouse.

The lawful use of the rear yard enables patrons to consume alcohol and smoke outside until 1am. The Planning Officers Society official publication on smoking shelters confirms that the erection of smoking shelters does not involve a change of use of land from beer gardens/delivery yards and suggests that the visual effects of such structures only need to be considered.

The current temporary permission for the smoking shelter restricts its use after 10pm due to a planning condition. This condition is being complied with and it protects the amenities of the adjacent residents. The Council's Environmental Health officers have commented that the level of complaints have dropped since the 10pm restriction has been complied with. Bearing this in mind, they have recommended that the condition is applied again.

Case law on controlling lawful land uses suggests that it is reasonable for the Local Planning Authority to impose, as a price of obtaining planning permission, a restriction on a use which would otherwise be lawful. Therefore, the Council consider that a condition to restrict the smoking shelters use until 10pm is compliant with guidance in Circular 10/95 on planning conditions.

Three letters of objection have been received on the grounds of unacceptable noise impacts. One letter from a resident acknowledges the current 10pm restriction and does not object if this is applied again.

Horwich Town Council have not objected to the application even without a restrictive condition, due to the fact that after 10pm, people smoke at the front of the pub on Church Street. There is a concern about anti-social behaviour although this is an issue which the Police have powers to control. Furthermore, the Licensing of the premises is also reviewed on a yearly basis.

On balance, it is considered that the shelter should be allowed to remain but with restricted hours of use until 10pm in order to protect the amenities of the adjacent residents. The proposal is considered to comply with UDP policy EM2.

Impact on Design The proposed extension is located discretely to the rear of the property. It is be small scale and is be largely screened by the boundary walls. The shelter is not generally visible and preserves the character of the Conservation Area. It therefore meets the requirements of policies D2 and D7.

Impact on Parking The Council's Highways Engineers have not raised any objections to the proposal which is considered to conform to policy A5 and A6

127

128

Conclusion The proposal is recommended for approval 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. The smoking shelter and rear yard shall not be open to customers except between the hours of 9.00 am and 10.00 pm.

Reason: In the interests of protecting residential amenity.

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130 131 132 Date of Meeting: 18 September 2008 Item Number: 11

Application Reference: 80691/08

Type of Application: Full Planning Application Registration Date: 05/08/2008 Decision Due By: 30/09/2008 Responsible Andrew McGlone Officer:

Location: GILDED HOLLINS, SALFORD ROAD, BOLTON, BL5 1BZ

Proposal: DEMOLITION OF BARN AND ERECTION OF THREE TOWN HOUSES

Ward: Hulton

Applicant: Mrs S Kelly Agent : Bayley Design Ltd

Officers Report

Proposal Permission is sought for the erection of three town houses following the demolition of an existing barn . The barn is in poor structural condition and whilst it may have offered an opportunity for conversion some years ago its condition would preclude this today.

Two parking spaces are proposed per unit (six in total) which are shown at the front of the new dwellings. Each dwelling contains three bedrooms, with further space annotated as a study within the roof space, this could form an additional bedroom. other accommodation includes a kitchen/diner, lounge and sun lounge. A symmetrical architectural design is proposed across each of the units with the loft space having a dormer to the front and rear.

Private gardens would be created to the front and rear.

Site Characteristics The site is to the rear of Gilded Hollins which forms part of a small pocket of residential units fronting onto Salford Road. The site is close to the boroughs boundary with Salford City Council. To the north the land rises steeply to open land, which is classified as green belt in the councils UDP, however the site under consideration does not fall within the Green Belt and is not visible from it due to the topography.

There are trees on land to the east and next to the aqueduct.

Brackley Cottages lie adjacent to Gilded Hollins, again fronting onto Salford Road. Access into both properties is next to the gable of no. 1 Brackley Cottages; it serves both residences. The applicant proposes to utilise this access to serve the three town houses.

133 Policy National Policy PPS1 Delivering Sustainable Development; PPS3 Housing

UDP Policy A5 Roads, Paths, Car Parking and Servicing; A6 Car Parking Standards; D2 Design; D3 Landscaping; EM4 Contaminated Land; H3 Housing; H5 Net Density.

PCPN2 Space around Dwellings; PCPN10 Crime; PCPN27 Housing Development

History Planning application ref: 79704/08 proposed the demolition of the barn, together with the erection of four town houses. This application proposed eight car parking spaces. The application was refused for the following reason:

The proposal represents an over development of the site which will result in a poor form of urban design and sub standard access to the rear of Brackley Cottages which would be out of character with the surrounding locality and is thus contrary to Policies D1, D2 and A5 of Bolton's Unitary Development Plan and Planning Control Policy Note No.2 "Space Around Dwellings"

Application ref: 79194/08 was submitted for the demolition of the barn and erection of four town houses. This application was withdrawn by the applicant.

Application ref: 65063/03 was granted permission for the demolition of the barn and the erection of two detached dwellings in March 2004.

Application ref: 60958/02 sought outline consent for the erection of three dwellings and means of access. The application was withdrawn by the applicant.

Application 20518/83 was refused permission to erect a detached dwelling and garage. An appeal was later dismissed by the planning inspectorate.

Application 16524/81 was granted permission to erect a part single part two storey extension to the side and rear of the dwelling at Gilded Hollins.

Technical Consultations Bolton Council – Highways Engineer – the principle of the development has been agreed, although works must be undertaken to improve the visibility splay at the junction with Salford Road. To do this a bridge parapet must either be lowered or moved back. Furthermore the joint access should be surfaced.

Bolton Council – Landscape Officer – recommend the development maintains the existing screening, whilst introducing new screening between the proposed town houses and Gilded Hollins, details of fencing are required and any amendments to existing levels or the banking should be fully detailed.

134 Bolton Council – Pollution Control Unit – no objections in principle; further work needs to be conducted in terms of contaminated land and a phase two survey should be completed.

Bolton Council – Tree and Woodland Officer – no objections, there should be no activity near to the TPO’s and protective fencing should be employed.

United Utilities – no objections.

Environment Agency – no objections.

The Wildlife Trust - the bat report is not up to date and may bear no relationship to the current situation. It did say that there was no activity. We recommend an up to date report is prepared. There was no evidence of Great Crested Newts found on site.

Representations Letters – one letter of objection has been received in which the author comments:

The previous application was refused for over development of the site and substandard access; The new proposal is for one less unit, however the access is still substandard; The road is not a thoroughfare and doesn't allow two cars to pass; There is a poor visibility splay; The dwellings would overlook my garden resulting in a loss of privacy.

Petition - one petition has been submitted; it contains six signatures. The attached letter raises the following issues:

demolition of the barn causing loss of wildlife; rights of access and tarmacing of the access road (this is a private matter and is therefore not a planning consideration)

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:-

135 * impact on the Principal of Residential Development * impact on the Character and Appearance of the Area * impact on Local Highways * impact on Wildlife

Impact on the Principle of Residential Development In principle this site is a brown field site which has previously been considered and approved for residential development, however this was for a proposal of two detached dwellings with associated car parking and amenity space. (Application ref: 65063/03)

This proposal increases the numbers previously approved, however it is a reduction from the last application for four units and associated parking provision.

Impact on the Character and Appearance of the Area The existing barn would be demolished, whilst this adds to the rural context of the site its removal is not considered to be to the detriment of the local area.

The three new units would replicate the footprint of the barn, although they are to be marginally set back from the existing building line. This would not create an undue impact on the existing residential properties and is thought to be satisfactory. Front and rear aspects are proposed side onto Gilded Hollins and Brackley Cottages, this layout has been previously accepted and is not considered to be an issue.

Application ref: 79704/08 sought to erect four town houses; this would have made maximum efficient use of the site, but still within the remit of density requirements. However when assessing the scheme it was felt due to the rural context of the site this form of development was not ideal, based on the number of units and associated vehicular traffic. The applicant has reduced the proposal to three units, with six parking spaces; this is now considered to be an improved form of development, which is in keeping with the sites context.

Minor alterations have been made to the architectural style; resulting in a simpler reflective form of architecture for this site. This is in compliance with policy D2 of the UDP.

Impact on Local Highways Access into the proposed development would use an existing access from Salford Road, which is currently used by Brackley Cottages and Gilded Hollins itself. The Highways Engineer consider the additional traffic for the proposed dwellings is unlikely to represent a significant highway problem. It is recommended works must be undertaken at the junction with Salford Road to improve visibility and surface treatment shall be undertaken to the new dwellings. Impact on Wildlife Surveys have been carried out and assessed by appropriate bodies. The existing barn has been assessed as a potential roost for bats and barn owls. The ecology unit do not raise any objection to the proposal based on the submitted evidence. Care should be taken during demolition in case further evidence is found. Conclusion

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

137 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

4. The roof lights shall be fitted flush with the plane of the roof in accordance with details to be submitted to and approved by the Local Planning Authority, before the commencement of the development, and retained thereafter.

Reason

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

5. 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.

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

Reason

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

7. 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 the 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.

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

Reason

In the interests of highway safety.

9. The development hereby approved/permitted shall not be brought into use unless and until a

138 visibility splay measuring 2.4 metres by 120 metres is provided at the junction of the shared access with Salford Road ,and subsequently maintained free of all obstructions between the height of 1.05 metres and 2 metres (as measured above carriageway level).

Reason

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

10. The development hereby approved/permitted shall not be brought into use unless and until not less than 6 no. car parking spaces have been marked out and provided within the curtilage of the site, in accordance with the approved/submitted details. Such spaces shall be made available for the parking of cars at all times the premises are in use.

Reason

To ensure that adequate provision is made for vehicles to be left clear of the highway.

11. 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.

12. 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 5.5 metres, with 6 metres radii to Salford Road and retained as such thereafter.

Reason

In the interests of highway safety.

13. 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.

14. 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.

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 14 has been erected.

Reason

In order that the Local Planning Authority can inspect the protective fencing with a view to avoiding

139

140 damage to tree(s)/shrub(s)/hedgerow(s) within the site which are of important amenity value to the area.

16. 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.

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

Reason

The site lies in a semi rural setting, and further extensions could prejudice the character and appearance of the development and the surrounding area.

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 dormers shall be constructed or other alterations to the roof carried out on the approved dwelling(s) other than those expressly authorised by this permission.

Reason

To safeguard the architectural character and appearance of the dwelling.

141 142 143 144 Date of Meeting: 18 September 2008 Item Number: 12

Application Reference: 80557/08

Type of Application: Full Planning Application Registration Date: 14/07/2008 Decision Due By: 08/09/2008 Responsible Matthew Kilsby Officer:

Location: 6 THICKETFORD ROAD, BOLTON, BL2 2LP

Proposal: CHANGE OF USE OF GROUND FLOOR FROM RESIDENTIAL TO ICE CREAM PARLOUR/COFFEE SHOP (CLASS A3)

Ward: Tonge with the Haulgh

Applicant: Ms K L Parton Agent : Frank Whittaker Town Planning Consultants

Officers Report

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

Proposal Temporary planning permission is sought for the change of use of the ground floor of these vacant premises from a dwelling house (Class C3) to a café/ice cream parlour (Class A3). The first floor will remain in residential use. Planning permission is sought for a temporary period expiring on 31 December 2009.

Site Characteristics Situated within the Tonge Moor Road Local Shopping Centre, 6 Thicketford Road is a mid- terraced dwelling house that has been vacant for some time. Nos. 4, 8 and 10 Thicketford Road are currently dwelling houses whilst no. 2 is a Hot Food Take Away. Nearest to Tonge Moor Road at the end of the row of terraces is the Starkie Arms Public House.

Directly opposite the application site, across Thicketford Road, is a Conservative Club whilst to the east, further up Thicketford Road, is St. Augustine’s Court. Tonge Moor County primary School and a Community Centre also lie nearby to the south.

The surrounding area comprises a mix of residential and business uses, although the part of Tonge Moor Road that is nearest the application site is almost solely for business use. Thicketford Road itself is also characterised by a mixture of property types.

145 Policy UDP: D2 Design; A5 Highways Network; S3 Retail development on unallocated sites within centres (Tonge Moor Road Local Shopping Centre); S5 Local Shopping Facilities; S7 Hot Food Take Aways and Restaurants; EM2 & EM3 Incompatible Uses.

PCPN9 Location of Restaurants, Cafes, Public Houses, Bars and Hot Food Take Aways in Urban Areas; PCPN21 Highways Considerations.

PPG13 Transport.

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

Technical Consultations Bolton Council - Highway Engineers:- although there is no parking provision for customers of the café/ice cream parlour/coffee shop, there is a public car park in close proximity.

Since the application is for a temporary period up to 31st December 2009, there are no highways objections.

Bolton Council - Environmental Health Officers:- raise no objections to the proposal but have recommended a number of conditions, related to the mitigation of noises and smells, to be added to any approval.

Representations Letters:- 5 letters of objection have been received from the occupants of 4, 8, 10 and 17 Thicketford Road and St. Augustine’s Vicarage, Redthorpe Close. Grounds for objection include: The change of use to a café would have an adverse impact on the living conditions of the occupants of neighbouring residential properties. There are a number of fast food outlets already in the area, particularly on Tonge Moor Road. The narrowness of Scott Lane would make access difficult for delivery vehicles to the detriment of neighbouring residents and highway safety. The proposed change of use would increase the litter on Thicketford Road and create unacceptable levels of noise to the detriment of neighbouring residential amenity. The application site is a residential property in a row of terraces leading to a residential area of Thicketford Road. As such, the proposal will detrimentally impact on the residential character of the area. The junction of Tonge Moor Road with Thicketford Road is already very busy and this proposal will increase traffic to and from the site to the detriment of highway safety.

Further comments that are not material planning considerations have also been received: The change of use will lead to a devaluing of the adjacent properties on Thicketford Road.

146 Any café in this location would attract users of other community facilities at the detriment to those users and community facilities. There are a number of vacant units on Tonge Moor Road that should be used instead of this residential property. The opening times make little sense for the target audience. The proposal would have a detrimental impact on existing businesses on Thicketford Road. There was a lack of consideration during recent building works in the property, which means that there will be a lack of consideration by the café proprietors if given planning permission. There is no provision made for a smoking area.

Petitions:- a petition of objection comprising 16 signatures has been received.

Elected Members:- Councillors Peel and Sherrington have requested that the application be brought before Committee. Councillor White has also submitted a representation to support the objections raised by constituents.

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 surrounding area * impact on neighbouring residential amenity * impact on the highway

Impact on the Character and Appearance of the Surrounding Area UDP Policy D2 requires new developments to be compatible with, or improve, their surroundings. UDP Policy S3 permits retail and leisure developments of appropriate scale and character within local shopping centres. UDP Policy S5 further states that the Council will permit development proposals for small-scale shopping facilities, designed to meet the needs of the immediate locality, in residential areas within the urban area and elsewhere - provided that they do not adversely affect the amenities of adjacent uses due to increased noise and traffic.

147 The application site is sited within the Tonge Moor Road Local Shopping Centre and the surrounding area is populated by a mixture of commercial and residential properties. Indeed, the terrace of which 6 Thicketford Road forms a part features a Hot Food Take Away and, at the very end of the terrace on Tonge Moor Road, the Starkie Arms Public House. As such, it is not considered that the proposed change of use will have an adverse impact on the character and appearance of the surrounding area. There is clearly not a uniform residential use in the immediate vicinity of the application site.

As the application site is situated within the Tonge Moor Road Local Shopping Centre and there are a variety of uses in the immediate vicinity, it is considered that the proposed change of use would not have an adverse impact on the character and appearance of the surrounding area.

Impact on Neighbouring Residential Amenity UDP policies EM1, EM2 and EM3 assert that the Council will not permit development which will result in unacceptable impacts on the amenities enjoyed by neighbouring residents by reasons of noise, smell, safety, health, lighting, disturbance, traffic and other pollution. UDP Policy S7 states that the Council will permit development proposals for hot food takeaways and restaurants that do not adversely affect the living conditions of nearby residents or the operation of neighbouring uses. Proposals will be assessed against the following considerations:

(i) highway safety, including parking; (ii) noise and disturbance; and (iii) smells/odours

Planning Control Policy Note No. 9 should also be given consideration when deciding applications for Cafes, Restaurant or Hot Food Take Aways as it contains more specific guidance. In terms of impact on residential amenity, part 12 of PCPN9 states that applications for cafes, restaurants and hot food take aways would only be granted planning permission for premises that are not directly adjacent to residential uses. This would mean that this application does not comply with policy.

However, in April 2005 amendments were made to the Use Classes Order, which made a distinction between Cafes and Restaurants (Class A3) and Hot Food Take Aways (Class A5) where before they were grouped under the same Use Class. Guidance within PCPN9 should therefore be considered differently as it was written and approved before the amendments to the Use Classes Order.

A café, as is being applied for here, should be treated differently than a hot food take away when weighing up impacts and effects on neighbouring residential amenity. This is because hot food take aways provide more nuisances in an area due to their opening outside of normal retail hours and their impact on the daytime local economy.

In light of the above, and the amended Use Classes Order, the siting of a café next to a residential property is considered acceptable subject to a number to conditions. It is acknowledged that a café is likely to produce disturbance, in terms of noise and smell, to neighbouring uses. However, these disturbances can be mitigated through the use of

148 conditions to strictly limit adverse impacts on neighbours. Furthermore, Policy S7 of the UDP permits proposals for A3 uses that do not adversely affect the living conditions of neighbouring residences and uses.

It should also be noted that the applicant proposes to produce and sell a range of teas, coffees and fruit juices together with ice cream, light snacks (toast/cakes/fresh sandwiches) and fresh fruit. Such produce is considered to have considerably less impact on neighbouring uses than a hot food take away, for example.

Neighbouring residents have also raised concerns that the change of use to a café will attract undesirable groups of people due to the applicant’s intentions to attract certain parts of the community such as young mothers and the elderly. However, the possible clientele of a café can not be considered as a material consideration in deciding this planning application. Members should be made aware of UDP Policy CP4, which encourages the development of community facilities close to or accessible to the communities they serve.

Impact on the Highway UDP Policy A5 seeks to ensure that the new development makes adequate provision for roads, paths, servicing and car parking.

The Council’s Highways Engineers do not raise objections to the proposal due its temporary nature and the fact that there is a public car park in close proximity to the application site.

Furthermore, it is unlikely that a café, to be marketed as a community facility, will attract a large number of cars and incoming traffic. This is particularly the case with this proposal as the application site is situated within the Tonge Moor Road Local Shopping Centre, which is served by excellent public transport. PPG13 is supportive of the principle of reducing reliance on the motor car and, given the site's proximity to a good public transport route, the proposal represents an opportunity to put this guidance into practice.

It is therefore considered that the proposal complies with Policy A5 of the UDP as it will not give rise to a vast increase in traffic to and from the site to the detriment of neighbouring residential amenity.

Conclusion The application is considered to comply with policy and Members are therefore recommended to approve the application with conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. This permission shall expire on 31st December 2009 when the use of the building hereby approved shall cease.

Reason

The applicant has only applied for a temporary permission.

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2. The premises shall not be open to customers except between the hours of 08.00 and 17.00 Monday to Friday and between the hours of 10.00and 17.00 on Saturday. No opening on Sundays and Bank Holidays.

Reason

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

3. No deliveries shall be taken at or dispatched from the site except between the hours of 08.00 and 17.00 Mondays to Saturdays and no deliveries 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.

4. No development shall take place unless and until a scheme to acoustically insulate the ground floor party wall between 6 Thicketford Road and 4 Thicketford Road, and 6 Thicketford Road and 8 Thicketford Road, in line with guidance in Section 5 of Building Regulations 2000, Approved Document E, has been submitted to and approved by the Local Planning Authority. Such works that form the approved scheme shall be completed before the commencement of the use and retained thereafter.

Reason

To safeguard the living conditions of occupiers particularly with respect to noise pollution.

5. Before the commencement of the use hereby permitted, a scheme showing details of the means of extraction and filtration of cooking odours 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.

6. The premises shall be used for a cafe and ice cream parlour and for no other purpose (including any other purposes in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order).

Reason

To control the impact of the development on adjoining properties.

7. The premises shall not be used at any time for the sale of hot food for consumption off the premises.

Reason

In the interests of highway safety and to safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents particularly with regard to noise, odours and/or disturbance.

150 8. Prior to commencement of development a scheme indicating the provision to be made for disabled people to gain access including level or ramped access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

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

9. The residential accommodation above the premises should be ancillary to the business and should only be occupied by the owner of the business or his family or employees.

Reason

To minimise impact of noise disturbance on the residential amenity of the area

10. 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 daytime LAF90 (1 hour) as measured 4 metres from the nearest residential properties. The monitoring information and the acoustic calculations together with the proposed fixed plant and equipment and any attenuation required should be submitted to the Local Planning Authority for their approval prior to the commencement of installation.

Reason

To minimise impact of noise disturbance on residential amenity of the area.

151 152 Date of Meeting: 18 September 2008 Item Number: 13

Responsible Sara Flanagan Officer:

Location: 127/131 JUNCTION ROAD

Proposal: CONFIRMATION OF THE BOLTON (127/131 JUNCTION ROAD) TREE PRESERVATION ORDER 2008

Ward: Heaton & Lostock

Officers Report

A TPO was placed upon trees on a site where an application for new detached dwellings had been submitted.

An objection has been received to the order. The objection questions the Tree officer’s comments concerning the trees on the eastern boundary of the site, and not the frontage.

The Tree and Woodland Officer considers the trees fronting the site were not affected by the proposed development on this site at the time. The remaining Sycamore tree on the eastern boundary within 131 Junction Road (T5) now has a greater amenity value due to the loss of trees within the area. The Sycamore tree on the eastern boundary of 131 and the Birch tree on the southern boundary (T6) of what was 127 Junction Road can be seen from Junction Road. It is therefore considered they are of public amenity. The trees to the frontage are of high visual amenity.

A further ground of objection regarding the species to be protected and their distance from the properties has been put forward. The Tree and Woodland Officer deems the Sycamore trees (T1 & T3) along the site frontage to maintain a sufficient interface from the property as to not create any future problems. Should judicial pruning be required then this could be considered through the formal planning process. Also it is thought Sycamore trees do carry an amenity value; this is reflective of the stance taken elsewhere in the Borough where there are many protected Sycamore trees of individual and collective significance.

The applicant stated there was no intention to remove any further tree specimens. During the course of application ref: 78962/08 the Tree and Woodland Officer considered the Sycamore to the corner of the proposed driveway (T5 of the new order) would be affected by the development, as well as its prominence within the new close. It was considered that should the development be approved the tree could be felled due to the impact of the driveway, so long as it was replaced with a substantial sized tree to maintain the character of the site. This form of decision is made when considering the difference between allowing tree removal for the wider development or whether the tree should be protected to prevent damage. Due to the outcome of the application, both at Committee and at appeal it is now considered the tree is worthy of protection, hence the order on trees within the immediate vicinity of 127, 129 and 131 Junction Road.

Whilst it may not have been the intention of the applicant, in their application (78962/08), subsequently considered by the Planning Inspectorate, to remove the Sycamore tree (T5) it

153 was considered by the Councils Tree Officer that the development would have an adverse effect on the tree. The planning application and subsequent appeal have both been refused. It is considered the tree is worthy of protection as part of a new order for trees within the immediate vicinity.

The trees that form part of Bolton (127/131 Junction Road) Tree Preservation Order 2008 are considered to be worthy of protection. It is therefore recommended that the Bolton (127/131 Junction Road) Tree Preservation Order 2008 be confirmed.

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