Land to the Rear, Kersal Avenue / Bolton Road

PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15 March 2018

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APPLICATION No: 17/70539/REM APPLICANT: Mr Paul Kiely LOCATION: Land To The Rear, Kersal Avenue / Bolton Road, Pendlebury, Swinton, , PROPOSAL: Reserved matters application for appearance, landscaping, layout and scale for the proposed erection of 36 apartments. WARD: Pendlebury

Description of Site and Surrounding Area

This application relates to a 0.85 hectare site located to the rear of the properties of Kersal Avenue, Bolton Road and Rivington Avenue. Vehicular access to the site is via Kersal Avenue, which is an unadopted road.

The majority of the site comprises a level area of open scrub land, however there is a steep sided embankment in the northern portion of the site, which runs down to the Manchester Wigan Railway Line, and there is also an area of hard-surfacing located immediately to the rear of the properties at 303-313 Bolton Road and to the side of 4 Kersal Avenue.

There are a number of trees on/overhanging the site, none of which are protected by a tree preservation order.

$ri41mkgm.rtf The northern most portion of the application site is located within the Irwell Valley (EN5) and within a wildlife corridor key area of search (EN9).

The application site is located within a predominantly residential area being bounded to the south, east and west by residential properties. There is an area of open space to the north, beyond which runs the Manchester to Wigan Railway line.

Description of Proposal

In February 2017 outline permission was given under planning approval 16/69085/OUT for the site to be developed via the erection of up to 36 apartments. This approval agreed that access into the site would be taken from Kersal Avenue, via the existing site access which would be laid out to provide a 5.5m carriageway, which has a 2m wide footway running from Bolton Road, along Kersal Avenue and into the site.

This application is seeking approval of the following matters in relation to a development comprising 36, two bed apartments – (a) Layout (b) Scale (c) Appearance (d) Landscaping

The apartments would be housed within a series of 3 three storey blocks that run across the site from east to west. Each block would be L-shaped, with a maximum footprint of 26.7m by 18.3m, measuring 8.2m in height at the eaves and 11.8m in height at the ridge with pitched roofs.

The blocks would be of a brick construction with a grey tiled roof and grey UPVC windows, some of which would be interspersed by timber effect cladding also in grey.

Vehicular access to the site would be from Kersal Avenue, as approved at outline stage. There would be one internal access road provided through the site, with this route having a 2m wide footway on both sides, with a turning head being provided in order to allow larger vehicles to enter and leave the site in a forward gear. The route would be subject to a 20mph speed limit with a 3.75m wide flat top speed table to create a low speed environment.

46 parking spaces, including 3 that are suitable for disabled persons, would be provided on site – 34 general parking bays, 3 disabled parking bays and 9 visitor spaces. The parking spaces would be spread across the site in clusters of up to 10. Secure cycle storage for 8 bicycles would also be provided.

In order to facilitate the proposal there would be minor alterations to the ground level where the main bulk of development would be located, with the upper portion of the embankment running down towards the railway line being levelled off to extend the developable area and provide an area of useable amenity space, with the remainder of the embankment being re-graded accordingly.

Relevant Site History

16/69085/OUT - Outline planning application with all matters reserved apart from means of access for the erection of up to 36 apartments. - Approve - 17 February 2017

07/55164/FUL - Erection of two-three storey buildings comprising 48 apartments together with associated landscaping, car parking and construction of new vehicular and pedestrian accesses as well as associated landscaping including a re-graded slope for use as informal open space – Refused 24.05.2011

03/47245/FUL - Erection of six two storey buildings comprising 44 apartments together with landscaping, car parking and construction of new and alterations to existing vehicular accesses – Approved 19.03.2004

02/44135/OUT - Variation of conditions relating the commencement of development in respect of outline application for the erection of 22 dwellings with communal areas and 33 car parking spaces. (ref 98/38245/OUT) – Approved 15.11.2002

$ri41mkgm.rtf 01/42312/FUL - Erection of 21 dwellings together with associated landscaping, car parking and construction of new vehicular access – Approved 26.02.2002

00/40766/FUL - Erection of 21 dwellings together with associated landscaping, car parking and construction of new vehicular access – Withdrawn

98/38245/OUT - Outline application for the erection of 22 dwellings (managed housing without private gardens), associated landscaping and car parking and alteration to existing vehicular access involving the demolition of No 2 Kersal Avenue – Refused 25.11.1998

95/34093/OUT - Outline planning application for the demolition of 2 Kersal Avenue to create new vehicular access and erection of 49 residential units (amended plans) – Withdrawn

Publicity

Site Notice: Non HH Article 15 Date Displayed: 5 October 2017 Reason: Article 13

Press Advert: Manchester Weekly News Salford EditionDate Published: 21 September 2017 Reason: Article 15 Standard Press Notice

Neighbour Notification

49 neighbouring properties have been notified of the application by letter.

Representations

Neighbouring residents were initially consulted on the application in September 2017. 13 letters of representation were received in response to the original consultation on this application. The following issues have been raised –

 The land is contaminated having previously been used as a tip and there are concerns about it being built on without being given full assurances that the land has been made safe – the owners have been shipping in material to raise land levels rather than capping it off  There are concerns over the impact that the development will have on the health of those backing onto the site, with many neighbours having heart conditions  There are existing parking problems in the area which the proposal will exacerbate – insufficient car parking would be provided on site for occupants and residents  The access to the site from Kersal Avenue in inadequate – Kersal Avenue is not suitable for any additional traffic, with the junction with Bolton Road already backing up at times  There is already standing traffic on Bolton Road, with vehicles polluting the air. This proposal will add to the pollution already suffered by residents by increasing traffic on the road and introducing a new road to the rear of the units on Bolton Road and Rivington Crescent  There are concerns with respect to safety – the site is isolated and could be attractive to undesirables  The site backs onto a railway with a sheer drop – what is being done to protect the railway; is the land strong enough and stable enough to support the development being previously tipped land  Several other developers have started to build at the site but encountered problems re contamination and land stability that have forced them to cease work – what assurances do the community have that this developer will build out the scheme rather than leaving a part developed site  The site housed/houses various forms of wildlife – the site clearance and the proposed development will result in the loss of habitat for wildlife  There is Japanese Knotweed located on site – this has been cleared haphazardly in the past which has no doubt spread it across the site and put neighbouring properties at risk. The whole site should be treated for the prevention of regrowth in particular the back of the residents’ fences that back onto the site  There is at least one active sewer pipe that runs across the land in a diagonal line from some of the houses on Bolton road/Rivington crescent towards Kersal Avenue. Will this be protected from digging?  The proposed buildings are not in keeping with the existing housing stock which comprises two storey terraced and semi-detached units - this will change the aesthetics and not enhance the area

$ri41mkgm.rtf  The proposed buildings are taller than neighbouring units, being sited on higher ground and therefore neighbours will be imposed upon, towered over and over-shadowed.  The proposal will result in neighbouring residents experiencing a loss of view  The proposed development will result in neighbouring residents experiencing increased noise and disturbance  The proposal is an over-development of the site – it will make the area more densely populated without providing the necessary vehicular infrastructure to support it  The site ownership is mixed, not in sole control of the applicant

Neighbouring residents were notified of amended plans on the 2nd January 2018. 5 letters have been received in response to the consultation on the amended plans, three of which came from people who had written in previously. The following additional issues have been raised -

 The developer has been using the site for the illegal tipping of domestic waste amongst other things – there was a fire before Xmas which was investigated by the fire service who concluded that it was not a fire but combusting waste – the fire service reported the matter to the Environment Agency. The smoke is still blowing and there are concerns about what is blown towards neighbouring properties  The material that has been tipped cannot be the foundation for the development – the fire service pointed out evidence of cracks horizontally across the slopes, going in the direction of the railway.  In light of this issues re the material that has been tipped and given that the land appears to be unstable it is considered that any decision on matters for the appearance and landscaping of the site is premature  The proposal will increase the amount of hard-surfacing which will reduce natural drainage resulting in an increased risk of flooding  The heavy machinery and lorries that are visiting the site are causing damage to the road creating potholes and causing neighbouring properties to shake – it is questioned who will pay for any damage caused?  The proposed vehicular access to the rear of the properties on Bolton Road and Rivington Crescent will reduce the security of these properties resulting in an increased risk of property, vehicle and personal crime as well as a risk of fly tipping due to the secluded location.

Consultations

Design for Security - Advise that their only comment on the proposal is that the proposed blocks are built to Secured by Design and that they are accredited before occupation

Drainage Engineer - Advise that save for the developer needing to complete the SUDS checklist, which can be found online, they have no additional comments to make on this application to those made under outline application 16/69085/OUT.

Highways -  Confirm that the proposed parking and cycle parking is adequate and as per SCC parking standards  Advise that the proposed refuse/recycling stores comply with SCC design criteria  State that with regards to the proposal to re-surface a 37m stretch (approx.) of Kersal Avenue the applicant needs to consult with the appropriate land owners prior to undertaking any works  Note that the internal access road is an appropriate width at 5.5m wide, having a 2m wide footway and a turning head to allow larger vehicles to enter and leave the site in a forward gear.  Welcome the applicant’s intention to introduce a 20mph speed limit on the access road, together with a 3.75m wide flat top speed table to create a low speed environment.  Recommend that the applicant introduces junction protection in the form of double yellow lines to ensure that the junction is kept clear of parked vehicles to ensure refuse vehicle and fire appliances are able to serve the development.  Advise that the developer should grant a permissive right for the occupants of 287-313 Bolton Road to cycle and walk via the provision of appropriate pedestrian/cycle/vehicular access points, stating that a S106 agreement should be entered into in order to enable the route to be maintained in perpetuity and protect against future claims as a public right of way by S31(6) declarations.  State that a construction management plan should be submitted which includes a comprehensive traffic management strategy to minimise off site disruption and ensure no increased risk to pedestrians and road users during the construction period.

$ri41mkgm.rtf  Recommend that a condition is attached that requires full construction details of the new site access with tactile paving on Kersal Avenue.  Conclude that they have no objections to the application on highway grounds

The Coal Authority - State that condition 10 on outline approval 16/69085/OUT seeks to ensure both the undertaking of intrusive site investigations to establish the coal mining legacy any necessary remedial measures. Confirm that they therefore have no objections to this application – it is a reserved matters application relating to outline consent 16/69085/OUT, with the coal mining legacy related issues being able to be addressed as part of the discharge of condition application.

Environment Agency - Advise that they have no comments to make regarding the reserved matters application

Greater Manchester Ecological Unit - Advise that at the outline application stage they made comments in respect of the developments impact upon bats, badgers, birds, the treescape of the area and invasive species, while also recommending that opportunities for biodiversity enhancements were incorporated.

State that they have no further comments to make other than to advise that the bio-diversity enhancements shown in drawing P.786.16.04 are acceptable; stating that the proposed enhancement works should be implemented in full.

Network Rail (LNW) - Several sets of comments have been provided in respect of this application, as Network Rail have exchanged several emails with the case officer. Their most recent responses, provided in February 2018, highlight the following –

Where there are trees to be planted adjacent to the railway boundary they should be planted in accordance with the Network Rail Recommended Tree Planting Species, Species Matrix 2015 as any deciduous trees adjacent to the railway boundary could contribute to leaf fall on the railway tracks which impacts railhead adhesion.

The proposed 2.1m high trespass proof “W” section steel palisade fence that will be installed along the rear boundary of the site, closest to the boundary with the railway (as detailed in drawing 17012-BSA-ZZ-GF-DR-A- 3652_E_Proposed site plan) is acceptable. It needs to be erected wholly within the applicant’s land ownership, including all foundations

Any Network Rail boundary treatments must not be altered or removed in any way.

The proposal involves alterations to the slope, with the applicant proposing to make up land and also level off land adjacent to the railway. State that they need to see the structural calculations to show how the works can be carried out safely, ensuring that the land does not slip and impact upon the safe operation of the railway. In this respect they request that the sections provided are amended to include dimensions.

Whilst not a material consideration the applicant is reminded that they will need to liaise with Network Rail on the proposal and enter into a Basic Asset Protection Agreement (BAPA) with the applicant needing to fill out a Development Questionnaire and email it back to [email protected] , marking it for the attention of Jason Pye.

The following condition should be attached “The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Review and agreement of the RAMS will be undertaken between Network Rail and the applicant/developer. The applicant /developer should submit the RAMs directly to:[email protected]”

There should be a condition attached in relation to foul and surface water drainage to ensure that both surface water and foul water drainage directed away from the railway.

$ri41mkgm.rtf Transport For Greater Manchester (TFGM) - No comments received to date

Urban Vision Environment (Air And Noise and Land Contam) - Confirm that noise and air quality issues were considered at the outline stage, with the team recommending that a standard construction management plan condition was attached if the application were to be approved. Such a condition was attached to outline approval 16/69085/OUT.

Advise that land contamination conditions were also applied to the outline approval which are suitable for the site, and the process of discharging those conditions has commenced.

Conclude that they therefore have no objections to the application.

HSE Advise that the application falls within the interim alert distance for Swinton Electro Plating Ltd site (H4695), stating that the HSE interim alert distance extends 1000 metres from the Swinton Electro Plating Ltd site. Confirm that its purpose is to ensure that Salford City Council consult HSE on any developments around the Swinton Electro Plating Ltd site.

Advise that until hazardous substances consent issue has been resolved, and the 3-zone consultation distance produced, HSE can only provide land use planning advice on proposed developments within the interim alert distances if the development falls into the sensitivity level 1 category within HSE's land use planning methodology, as HSE would not advise against the granting of planning permission for such a development in any of the consultation zones.

Planning Policy

Unitary Development Plan ST1 - Sustainable Urban Neighbourhoods This policy states that development will be required to contribute towards the creation and maintenance of sustainable urban neighbourhoods.

Unitary Development Plan ST12 - Development Density This policy states that development within regional centres, town centre and close to key public transport routes and interchanges will be required to achieve a high density appropriate to the location and context.

Unitary Development Plan H1 - Provision of New Housing Development This policy states that all new housing will contribute toward the provision of a balanced housing mix; be built of an appropriate density; provide a high quality residential environment; make adequate provision for open space; where necessary make a contribution to local infrastructure and facilities required to support the development; and be consistent with other policies of the UDP.

Unitary Development Plan DES1 - Respecting Context This policy states that development will be required to respond to its physical context and respect the positive character of the local area in which it is situated and contribute towards a local identity and distinctiveness.

Unitary Development Plan DES9 - Landscaping This policy states that hard and soft landscaping should be provided where appropriate that is of a high quality and would enhance the design of the development, not detract from the safety and security of the area and would enhance the attractiveness and character of the built environment.

Unitary Development Plan DES10 - Design and Crime This policy states that developments must be designed to discourage crime, antisocial behaviour, and the fear of crime. Development should i) be clearly delineated ii) allow natural surveillance iii) avoid places of concealment iv) encourage activity within public areas.

Unitary Development Plan DES7 - Amenity of Users and Neighbours This policy states that all new development, alterations and extensions to existing buildings will be required to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of occupiers or users of other development.

$ri41mkgm.rtf Unitary Development Plan EN17 - Pollution Control This policy states that in areas where existing levels of pollution exceed local or national standards, planning permission will only be granted where the development incorporates adequate measures to ensure that there is no unacceptable risk or nuisance to occupiers, and that they are provided with an appropriate and satisfactory level of amenity.

Unitary Development Plan A2 - Cyclists, Pedestrians and the Disabled This policy states that development proposals, road improvement schemes and traffic management measures will be required to make adequate provision for safe and convenient access by the disabled, other people with limited or impaired mobility, pedestrians and cyclists

Unitary Development Plan A8 - Impact of Development on Highway Network This policy states that development will not be permitted where it would i) have an unacceptable impact upon highway safety ii) cause an unacceptable restriction to the movement of heavy goods vehicles along Abnormal Load Routes.

Unitary Development Plan A10 - Provision of Car, Cycle, Motorcycle Park This policy states that there should be adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s minimum standards; maximum car parking standards should not be exceeded; and parking facilities should be provided consistent with the provision and maintenance of adequate standards of safety and security.

Unitary Development Plan EN9 - Wildlife Corridors This policy states that development that would affect any land that functions as a wildlife corridor, or that provides an important link or stepping stone between habitats will not be permitted. Conditions and planning obligations may be used to protect, enhance or manage to facilitate the movement of flora and fauna where development is permitted.

Unitary Development Plan E5 - Develop. in Established Employment Areas This policy states that planning permission will only be granted for the reuse or redevelopment of sites or buildings within an established employment area for non-employment uses where the development would not compromise the operating conditions of other adjoining employment uses, and where one or more of the following apply: a) The developer can demonstrate there is no current or likely future demand for the site for employment purposes b) There is a strong case for rationalising land uses or creating open space c) The development would contribute to the implementation of an approved regeneration strategy or plan for the area d) The site is allocated for another use in the UDP.

Unitary Development Plan EN12 - Important Landscape Features This policy states that development that would have a detrimental impact on, or result in the loss of, any important landscape feature will not be permitted unless the applicant can clearly demonstrate that the importance of the development plainly outweighs the nature conservation and amenity value of the landscape feature and the design and layout of the development cannot reasonably make provision for the retention of the landscape feature. If the removal of an important existing landscape feature is permitted as part of a development, a replacement of at least equivalent size and quality, or other appropriate compensation, will be required either within the site, or elsewhere within the area.

Unitary Development Plan EN17 - Pollution Control This policy states that in areas where existing levels of pollution exceed local or national standards, planning permission will only be granted where the development incorporates adequate measures to ensure that there is no unacceptable risk or nuisance to occupiers, and that they are provided with an appropriate and satisfactory level of amenity.

Unitary Development Plan EN19 - Flood Risk and Surface Water This policy states that any application for development that it is considered likely to be at risk of flooding or increase the risk of flooding elsewhere will need to be accompanied by a formal flood risk assessment. It should

$ri41mkgm.rtf identify mitigation or other measures to be incorporated into the development or undertaking on other land, which are designed to reduce that risk of flooding to an acceptable level.

Unitary Development Plan DEV5 - Planning Conditions and Obligations This policy states that development that would have an adverse impact on any interests of acknowledged importance, or would result in a material increase in the need or demand for infrastructure, services, facilities and/or maintenance, will only be granted planning permission subject to planning conditions or planning obligations that would ensure adequate mitigation measures are put in place.

Other Material Planning Considerations

National Planning Policy

National Planning Policy Framework

Local Planning Policy

Supplementary Planning Document - Sustainable Design and Construction This policy document expands on policies in Salford’s Unitary Development Plan to provide additional guidance for planners and developers on the integration of sustainable design and construction measures in new and existing developments.

Supplementary Planning Document - Design This document reflects the need to design in a way that allows the city to support its population socially and economically, working with and inviting those affected into an inclusive decision making process. Equally, development must contribute to the creation of an environmentally sustainable city supporting the natural environment minimising the effects of, and being more adaptable to, the potential impact of climate change.

Supplementary Planning Document - Design and Crime This policy document contains a number policies used to assess and determine planning applications and is intended as a guide in designing out crime.

Supplementary Planning Document - Trees and Development The policy document has been prepared to give information to all those involved in the development process about the standard that the Local Planning Authority requires for new development proposals with specific reference to the retention and protection of trees.

Planning Guidance - Housing The purpose of the guidance is to ensure that the residential development coming forward in Salford contributes to establishing and maintaining sustainable communities, tackles the specific housing and related issues that face Salford, and helps to deliver the vision and strategy of the UDP, the Housing Strategy and the Community Plan.

It is not considered that there are any local finance considerations that are material to the application

Appraisal

Following the publication of the National Planning Policy Framework (NPPF) it is necessary to consider the weight which can be afforded to the policies of the Council's adopted Unitary Development Plan (paragraph 215 NPPF 27th March 2012).

In terms of this application it is considered that the relevant policies of the UDP can be afforded due weight for the purposes of decision making as the relevant criteria within the UDP policies applicable to the proposed development are consistent with the policies contained in the NPPF.

Principle of development

The site falls within an interim HSE zone which has been put in place following notification to the HSE that an application for Hazardous Substance Consent is due to be submitted shortly. The HSE have been consulted on this planning application and advised that they are unable to provide comments on applications such as this

$ri41mkgm.rtf until the final zones are set following submission and subsequent approval of an application for Hazardous Substance consent by the Local Authority.

The Hazardous Substance application for the Swinton Electro Plating Ltd site has not yet been submitted and in absence of the application the fact that the site falls within a HSE interim zone cannot be considered as a constraint for the re-development of the site at this time, with the principle of re-developing the site in order to provide up to 36 apartments having been established in February 2017 under outline planning approval 16/69085/OUT.

Mix and Size of Units

In respect of the mix of units proposed policy HOU2 of the housing planning guidance states that where apartments are proposed a broad mix of dwelling sizes, both in terms of the number of bedrooms and the net residential floorspace, should be provided. The policy also advises that small units i.e. studios and 1 bed apartments should not predominate, with a significant proportion of 3 bedroom apartments being provided wherever practicable. Paragraph 4.31 of the reasoned justification for the policy clarifies that the majority of apartments should have two or three bedrooms, with a floorspace typically 57 square metres or above.

The reserved matters scheme proposes to re-develop the site to provide 36 two bed apartments and therefore a broad mix of dwellings sizes is not being provided. Notwithstanding this having regard to the fact that the vast majority of recent completions (80%) and dwellings with extant planning permission (91%) in Swinton and Pendlebury have been for dwellings with more than 2 bedrooms, it is considered that the proposal would contribute to a balanced mix of dwellings in the local area, particularly within the new stock, with all of the proposed units being larger than 57sqm.

For these reasons the principle of re-developing the site to provide 36 two bedroom apartments is considered to be acceptable providing the development is acceptable in terms of its visual impact, its relationship to neighbouring residents; its impact upon the highway network and in all other regards.

Design and Layout

The proposed development comprises a series of 3 three storey blocks that run across the site from east to west. Each block would be L-shaped, with a maximum footprint of 26.7m by 18.3m, measuring 8.2m in height at the eaves and 11.8m in height at the ridge with pitched roofs.

The buildings which form the context for the development are two stories in height with pitched roofs; some of the units have accommodation in the roofspace. The proposed apartment blocks would therefore be taller than the neighbouring units; however it is not considered that the additional height is excessive with the location of the application site to the rear of the properties of Kersal Avenue, Bolton Road and Rivington Avenue meaning that the proposed apartment blocks would have limited visibility from public vantage points. It is therefore considered that the scale and massing of the proposed apartment blocks is appropriate – they would not form incongruous additions to the street scene.

The apartment blocks would be of a traditional form being of a brick construction with a grey tiled pitched roof and grey UPVC windows, some of which would be interspersed by timber effect cladding also in grey. Having regard to the variety of property styles within the vicinity of the application site it is considered that the design and external appearance of the proposed apartment blocks is acceptable. Final details of materials needs to be agreed under condition 3 of the outline approval which will ensure that the materials utilized are of an appropriate quality.

In respect of the site layout the application site is a backland site which is bounded on all sides by existing development. The backland nature of the site prohibits any new development at the site having a direct relationship with the street and/or following the established pattern of development in the area. The development of backland sites for residential purposes is however not uncommon and consequently it is considered that subject to careful design a satisfactory residential environment can be created.

The vehicular access to the site would be from Kersal Avenue, as agreed at outline stage, with one main route being provided through the site. The apartment blocks would be located to the north of the access road, with pedestrian links being provided to each block and throughout the site. The parking for occupants of the apartments and their visitors would be distributed across the site, arranged into clusters that contain a maximum

$ri41mkgm.rtf of 10 spaces, with the expanse of hard-surfacing being broken up by the use of different surfaces and the inclusion of areas of soft landscaping. It is considered that the site layout would create a development that would have its own sense of place where both future occupants of and visitors can easily navigate their way through the site.

For these reasons it is considered that the proposed development would make a positive contribution to the visual amenities of the area. The proposal is therefore considered to be in accordance with policies DES1 and DES8 of the Salford UDP and the design policies in the National Planning Policy as the development having the potential to improve the appearance of the site and the visual amenities of the area generally.

Design and Crime

Neighbouring residents have raised concerns with respect to safety, stating that the site is isolated and could be attractive to undesirables.

The submission has been reviewed by the design for security team at GMP who have advised that they have no objections to the scheme, stating that the proposed blocks should be built to Secured by Design standards, being accredited before occupation.

Having regard to the comments of the design for security team it is considered that the development has been designed to discourage crime, anti-social behaviour and the fear of crime, and support personal and property security in accordance with DES10 of the UDP and the Crime and Design SPD. An appropriately worded informative will be attached to make the developer aware of the advice/suggestions of the design by security team.

Landscaping

This application is seeking consent for details of landscaping; therefore the application has been supported by detailed drawings and a landscape specification.

The submitted details show that the area surrounding the blocks would contain a mix of hard and soft landscaping, with different surfaces being used for the main access road, the access ways leading to the parking areas, the parking areas themselves and the footways. The hard areas would be interspersed with soft landscaped areas that include grassed areas interspersed with sections of hedgerows, planting beds and new tree planting. A level grassed area of approx. 670sqm would be provided immediately to the north of the blocks to provide an area of amenity space and the re-graded embankment leading down to the railway line would be planted with wildflowers and a native tree and shrub mix. A total of 44 trees would be planted across the site.

The submitted scheme does not include any of the trees identified in the Network Rail Recommended Tree Planting Species, Species Matrix 2015 as being unsuitable for planting close to the railway line due to the potential for leaf fall on the railway tracks.

There are a variety of boundary treatments proposed across the development, with the boundaries of the site being secured as follows –  Boundary to the railway line – 2.1m high trespass proof “W” section steel palisade fence (as specified by Network Rail)  1 to 11 Rivington Avenue, 283-285 Bolton Road and 4 to 14 Kersal Avenue – 1.8m high concrete post and rail fence  287-301 Bolton Road – 1.8m high close boarded fence  303 to 313 Bolton Road – 1.8m high close boarded fence, with matching 3m wide vehicle access gates inserted where owner consent is given otherwise the fencing will be installed around existing access gates

The applicant has confirmed that the occupants of the apartments will be charged a monthly service charge, with a management company being appointed who will be contractually responsible for the future up-keep, maintenance and overall management of the buildings, roads and associated ground.

The landscaping details have been reviewed by the Councils Senior Landscape Architect who has confirmed that they are happy with proposals and consequently it is considered that the proposed landscape details are acceptable and in accordance with policy DES9 of the City of Salford UDP.

$ri41mkgm.rtf Residential Amenity

The closest apartment block to the properties on Kersal Avenue would be offset from the properties at 4 and 6 Kersal Avenue, being located to the rear of the units at 8-14 Kersal Avenue. The closest element of the proposed block, which would only contain bathroom windows, would be located 6.2m from the common boundary and at least 18.3m from the properties themselves. The other element, which would contain habitable room windows at ground, first and second floor level would be located at least 14.6m from the common boundary and at least 26m from the properties themselves.

The closest apartment block to the properties on Rivington Avenue would be located to the rear of the properties at 3 and 5 Rivington Avenue. The closest elevation of the proposed block which would not contain any habitable room windows would be located at least 4.9m from the common boundary with 3 and 5 Rivington Avenue, at least 32.3m from the properties themselves. The elevation of this block that would contain habitable rooms would be set approximately 20m from the common boundary with the properties on Rivington Avenue.

The proposed apartment blocks would be located at least 17.5m from the common boundary with the residential properties on Bolton Road and at least 24m from the rear elevations of the residential properties on Bolton Road.

The proposed apartment blocks would be located at least 9.7m from the common boundary with the properties on Rivington Crescent and at least 27m from the properties themselves.

In respect of the proposed leveling works the scheme only involves minimal leveling works at the site’s boundaries with the properties on Kersal Avenue, Bolton Road and Rivington Crescent, with no leveling works being proposed along the common boundary with the properties on Rivington Avenue. Post development the neighbouring residential properties will be set at comparable level to the proposed apartment blocks.

For these reasons it is not considered that the development would result in neighbouring residents experiencing an unacceptable loss of amenity by virtue of them experiencing a loss of light, privacy and/or any overbearing impact.

In respect of noise and disturbance the Council’s air and noise consultant confirmed at the outline stage that the proposed development would not result in neighbouring residents being exposed to an unacceptable increase in the levels of noise and disturbance they are exposed to subject to the attachment of a condition requiring the submission, approval and subsequent adherence to a construction method statement. Condition 11 on the outline consent secures the necessary CEMP.

With regard to the level of amenity future occupiers of the apartments would enjoy it is considered that they would be provided with adequate light and outlook from their habitable room windows as a separation of at least 18.65m would be provided between facing habitable room windows within the development, with any future occupants being aware of the relationship prior to taking occupation. An area of shared amenity space in the form of a 670sqm approx. grassed area located to the north of the blocks would provide future occupiers with appropriate outdoor amenity space.

For these reasons the proposal is considered to be in accordance with policies DES7 and EN17 of the City of Salford UDP and the amenity policies in the NPPF.

Parking and highway safety

Consideration of the developments impact on the highway network and transport infrastructure, including public transport and the overall sustainability of the location were considered and deemed acceptable as part of the outline application process, as was the vehicular access into the site from Kersal Avenue. This reserved matters application is considering the detailed design of the development including the internal carriageway widths and layout and parking layouts not the entrance into the site.

In light of this the LPA cannot attach the condition that the Highway officer recommends in respect of the submission and approval of full construction details of the new site access from Kersal Avenue– this relates to the access into the site and was approved at outline. An informative will however be attached to advise the

$ri41mkgm.rtf developer of the requirement, together with a further informative that highlights the fact that the developer needs to contact the relevant land owners before re-surfacing Kersal Avenue.

In respect of the detail of the site layout there would be one internal access road provided through the site, with this route having a 2m wide footway on both sides, with a turning head being provided in order to allow larger vehicles to enter and leave the site in a forward gear. The route would be subject to a 20mph speed limit with a 3.75m wide flat top speed table to create a low speed environment.

The properties at 303-313 Bolton Road will be provided with drop kerb access to the rear, with these units either having (a) the existing access gates retained in the new fence line or (b) new 3m wide access gates installed. The properties at 299-301 Bolton Road and 287-297 Rivington Crescent will be provided with stepped access and a footpath link to the rear, with the new fence line to the rear of the properties at 287-301, save for that at the rear of 299 Bolton Road, being designed to facilitate the insertion of a 900mm wide pedestrian access gate should residents of these units wish to install one. The fence line to the unit at 299 Bolton Road would include a 900mm wide pedestrian gate.

The Council’s highway officer has reviewed the proposal and raises no objections.

The highways officer recommends that a condition is attached that requires construction management plan to be submitted which includes a comprehensive traffic management strategy in order to minimise off site disruption and ensure no increased risk to pedestrians and road users during the construction period. Such a condition is already attached to the outline approval, condition 10.

In respect of the access arrangements for the properties on Bolton Road and Rivington Crescent the proposed arrangements will retain the existing vehicle and pedestrian access points to the units on Bolton Road and Rivington Crescent and therefore the proposal is considered to be in the spirit of what was required of any developer under condition 19 of the outline consent. In respect of securing the proposed access arrangements a condition will be attached that requires the proposed access arrangements to be installed as detailed on the approved site plan and the accompanying statement from Bluesky Architects dated 26 October 2017 and retained thereafter.

For these reasons the proposal is considered to be in accordance with policies A8 and A10 of the City of Salford UDP.

Trees

There are a number of trees on site, none of which are protected by a tree preservation order.

The application has been submitted with a tree report that identifies that 4 trees will be removed – an apple tree (T1), a cherry tree (T2) and two sycamore trees (T3 and T8) together with two areas of self-seeded scrub (G6 and G7).

The Council’s consultant arborist has confirmed the sycamore trees and the areas of self-seeded scrub are classified as category C trees and therefore they should not constrain development, stating that while the loss of the apple and cherry trees represents a minor loss of amenity in the short-term this can be mitigated with replacement planting. In this respect they have reviewed the proposed landscaping and confirmed that sufficient tree planting is proposed in order to mitigate loss – 4 trees would be removed (excluding the self seeded scrub) and 44 trees would be replanted and therefore the level of replacement planting exceeds the 2 for 1 replacements required under policy TD6 of the Council’s Trees and Development SPD .

Having regard to this the arborist has confirmed that they have no objections to the proposal subject to the attachment of a condition that requires the retained trees to be surrounded by temporary protective fencing in order to ensure that they are not damaged during the construction phase. The outline consent has a condition attached that requires an arboricultural method statement to be submitted – condition 17.

Noise and air quality

$ri41mkgm.rtf The application site is located outside the City Council’s Air Quality Management Area and consequently the Councils environment team advised at that the outline application stage that no specific noise mitigation measures were required. They also confirmed that there were no significant noise issues associated with the proposed development, stating that a condition requiring the submission, approval and subsequent adherence to a construction environmental management plan should be attached in order to minimise the impact of the construction phase on neighbouring residents. An appropriately worded condition was attached to the outline consent – condition 11.

This application has been reviewed by the Environment Team who have confirmed that they have no objections to the proposal given that the noise and air quality issues were considered at the outline stage.

Land contamination

At the outline stage a desk top study comprising a review of historical mapping, geological and environmental data as well as information gained from historical site investigation reports was submitted and reviewed by the Environment Team who recommended that a series of conditions were attached. The outline consent therefore has several conditions attached to ensure that any ground contamination is appropriately remediated and necessary mitigation incorporated.

This application has been reviewed by the Council’s Environment Team who have advised that they have no objections to the proposal as the land contamination conditions that have been applied to the outline approval are suitable for the site, with the process of discharging those conditions having commenced.

Coal Mining Risk

The application site is located within the defined Development High Risk Area which means that within the application site and surrounding area there are coal mining features and hazards.

At the outline stage the application was reviewed by the Coal Authority who advised that a condition should be attached that requires the developer to undertake intrusive site investigation works, prior to development in order to establish the exact situation regarding ground conditions and to enable appropriate remedial measures to be identified, if necessary - condition 10 was therefore attached to the outline approval.

This application has been reviewed by the Coal Authority who have advised that they have no objections – it is a reserved matters application relating to outline consent 16/69085/OUT, with the coal mining legacy related issues being able to be addressed as part of the discharge of condition application. As such subject to compliance with condition 10 on the outline consent the proposal does not raise any issues in respect of coal mining legacy.

Flood risk and drainage

The application site is within Flood Zone 1 and therefore has a low risk of fluvial flooding. The site is located within the Core Conurbation Critical Drainage Area.

At the outline application stage, when considering the principle of developing the site for residential use, the development of the site to provide up to 36 apartments was deemed not to raise any issues from a flood risk perspective subject to the attachment of a condition to ensure that surface water is appropriately dealt with using sustainable drainage methods – condition 7.

The Environment Agency and the Council’s drainage engineer have reviewed this application and advised that they have no comments to make further to those made at outline stage. It is therefore considered that subject the developer complying with the requirements of condition 7 on outline approval 16/69085/OUT the proposal does not raise any issues from a flood risk perspective

The applicant has submitted an application to discharge the drainage condition on the outline consent within which they have proposed to discharge to the combined sewer with the proposed system being designed not to flood in a 1 in 100 year storm event + 35% CC, using a restricted discharge of 5l/s and crate attenuation. The drainage scheme has been reviewed by the Council’s drainage engineers who accept that there is no watercourse nearby that could be utilized but have requested further information from the applicant in respect of

$ri41mkgm.rtf why infiltration cannot/is not being used and why above ground SUDS are not being provided. They have also asked for further information in respect of the detailed design of the crate attenuation and what measures are being introduced in order to improve water quality. The additional information required was requested from the applicant on the 22nd January however nothing has yet been provided. Once received discussions will continue with the aim of obtaining a scheme is line with the PPG hierarchy under which the preferred discharge method for surface water is drainage by infiltration followed by watercourse, surface water sewer and then combined sewer.

Ecology

At the outline application stage, when considering the principle of developing the site for residential use, matters of ecology were fully considered with a series of conditions relating to ecological matters being attached to the outline consent including conditions 13, 14 and 15 which relate to bats, badgers and invasive species respectively. A condition requiring biodiversity enhancements to be introduced was also attached – condition 12.

The ecological unit have reviewed this application and advised that they have no new comments to make, save for to advise that the biodiversity enhancements shown on drawing P.786.16.04 are acceptable and should be implemented in full. Having regard to the comments of GMEU it is considered that any ecological impact will be satisfactorily dealt with by the developer complying with the requirements of conditions 12, 13, 14 and 15 on outline approval 16/69085/OUT.

Sustainability

The proposal offers an opportunity to develop a site which is located within an accessible and sustainable location – the site is located within a 20 minute walk of Swinton Town Centre, which affords occupiers access to a range of goods and services, with the site being located within 1 minute walk of Bolton Road along which a number of buses run, which means that future occupiers are therefore well served by public transport that provides easy access to sites across the City and beyond. Cycle storage areas will be provided on site to encourage travel by bike.

In addition, the agent for the application has submitted a sustainability statement with the application within which it is confirmed that they propose the adoption of a fabric first energy strategy which addressed the core policy goals of sustainable construction; i.e. reduced CO2 emissions and reduced energy consumption. Sustainability measures to be incorporated into the development include:  The use of locally sourced materials  The use of materials with U-Values of 0.13-0.18 to provide high levels of insulation  The use of low energy lighting both internally and externally  The installation of A Rated boilers and high efficiency gas central heating systems  The provision of full recycling facilities on site  The incorporation of trees and landscaping across the site  The use of permeable surfaces throughout

Condition 11 on the outline consent requires the submission, approval and subsequent adherence to a construction environmental management plan condition will assist in terms of minimising pollution during construction.

Slope Stability

The proposal involves levelling works with the scheme involving minor alterations to the ground level where the main bulk of development would be located, with the upper portion of the embankment running down towards the railway line being levelled off to extend the developable area and provide an area of useable amenity space, and the remainder of the embankment being re-graded accordingly.

Neighbouring residents have queried what is being done to protect the railway; questioning whether the land is strong enough and stable enough to support the development being previously tipped land, with Network Rail stating that they need to see the structural calculations to show how the works can be carried out safely, ensuring that the land does not slip and impact upon the safe operation of the railway.

$ri41mkgm.rtf The applicant has confirmed that before any re-profiling works are undertaken a full earthworks and enabling works design and earthworks specification will be provided, with the specification being implemented by the appointed, suitably experienced and competent remediation contractor, being fully validated by a separate consultant. They state that the Earthworks Specification and the required placement, compaction and subsequent validation requirements will be in accordance with the requirements of MCHW Volume 1 Series 600, which includes a requirement for compliance testing to be carried out during the works to demonstrate that the imported material has been compacted to the requirements of the Earthworks Specification.

The applicant has advised that before any re-profiling works begin they are proposing to have the detailed design and methodology reviewed and agreed by Network Rail.

It is considered that subject to the attachment of a suitably worded condition the proposed levelling works can be carried out safely in such a way that there is no slippage and subsequent risk to the safe operation of the neighbouring railway.

Other Issues

In respect of the concerns neighbouring residents have expressed regarding the fact that several other developers have started to build at the site but encountered problems re contamination and land stability that have forced them to cease work and the fact that this could happen again, resulting in a partially developed site if the application is successful the LPA does not have any powers that could be used to require a developer to complete a development.

With regard to the issues neighbouring residents have expressed re the illegal tipping of domestic waste amongst other things at the site, with such material not being a suitable foundation for the development this is not a matter for the Local Planning Authority, with such activities being the responsibility of other departments and agencies to investigate.

In respect of the issues/questions neighbouring residents have raised re the heavy machinery and lorries that are visiting the site and causing damage to the road creating potholes and causing neighbouring properties to shake, questioning who will pay for any damage caused as set out above there is a condition attached to outline consent that requires the submission, approval and subsequent adherence to a CEMP to minimise disruption during construction.

Recommendation

Approve subject to conditions

1. The development hereby permitted shall be carried out in accordance with the following approved plans:

Floorplans and elevations Block 1 - drawings 17012-BSA-01-ZZ-DR-A-3001 Rev C and 17012-BSA-01- ZZ-DR-A-3700 Rev D Floorplans and elevations Block 2 - drawings 17012-BSA-02-ZZ-DR-A-3002 Rev B and 17012-BSA-02- ZZ-DR-A-3701 Rev B Floorplans and elevations Block 3 - drawings 17012-BSA-03-ZZ-DR-A-3003 Rev A and 17012-BSA-03- ZZ-DR-A-3702 Rev A Proposed site plan - drawing 17012-BSA-ZZ-GF-DR-A-3652 Rev E Proposed landscape plan - drawing 5538.01 Rev D Proposed sections and levels details - drawings 17012-BSA-ZZ-GF-DR-A-3660 Rev B, 17012-BSA-ZZ- GF-DR-A-3661 Rev B, 17012-BSA-ZZ-GF-DR-A-3662 Rev A, 17012-BSA-ZZ-GF-DR-A-3663 Rev A and J01706/A1/010 Rev D Proposed engineering layout and proposed road construction detail - drawings J01706-A1-001 Rev D and J01706-A1-002 Rev A Arboricultural Method Statement - drawing P786.16.03 Rev B

Reason: For the avoidance of doubt and in the interest of proper planning.

2. The landscaping works shown on the approved drawings 17012-BSA-ZZ-GF-DR-A-3652 Rev E and 5538.01 Rev D shall be carried out within 12 months of first occupation of the development hereby

$ri41mkgm.rtf permitted. Replacement tree(s) shall be planted in the period from November to March. Any trees planted or retained in accordance with this condition which are removed, uprooted, destroyed, die or become severely damaged or become seriously diseased within 5 years of planting shall be replaced within the next planting season by trees of similar size and species to those originally required to be planted, unless the Local Planning Authority gives its consent in writing to any variation.

Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development and in accordance with policies EN12, DES1 and DES9 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.

3. Prior to occupation of the development hereby permitted, the cycle parking shown on drawing 17012- BSA-ZZ-GF-DR-A-3652 Rev E shall be laid out and made available for use and thereafter shall be retained at all times, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To encourage more sustainable modes of travel in accordance with policies ST14, A2 and A10 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.

4. Prior to occupation of the development hereby permitted, the bin storage areas shown on drawing 17012- BSA-ZZ-GF-DR-A-3652 Rev E shall be laid out and made available for use and thereafter shall be retained at all times, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure appropriate bin storage areas are provided in accordance with policy DES1 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.

5. The vehicular and pedestrian access arrangements for the properties on Bolton Road and Rivington Crescent shall be installed as detailed on the approved site plan drawing 17012-BSA-ZZ-GF-DR-A-3652 Rev E and the accompanying statement from Bluesky Architects dated 26 October 2017 (document reference 17012-04) and retained as such thereafter

Reason - For the avoidance of doubt and to maintain the access arrangements to the neighbouring properties on Bolton Rd and Rivington Crescent in accordance with policy DES7 of the City of Salford Unitary Development Plan.

6. The vehicle parking, servicing and other vehicular access arrangements shown on the approved plans to serve the development hereby permitted shall be made available for use prior to the development being brought into use (or in accordance with a phasing plan which shall first be agreed in writing with the local planning authority) and shall be retained thereafter for their intended purpose.

Reason: In the interest of highway safety and the free flow of traffic and in accordance with policies A2, A8 and A10 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.

7. Notwithstanding the requirements of condition 16 on planning approval 16/69085/OUT no development shall be started until all the retained trees within (or overhanging) the site as shown on drawing P.786.16.03 Rev B have been surrounded by substantial fences which shall extend to the extreme circumference of the spread of the branches of the trees (or such positions as may be agreed in writing by the Local Planning Authority). Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing.

Reason - To safeguard the trees to be retained on the site and to ensure that adequate provision is made for their protection whilst the development is carried out.

8. Prior to the commencement of any earthworks a scheme to ensure the stability of the newly formed embankment shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

Reason - In the interests of public safety and to ensure the safe operation of the neighbouring railway line in accordance with policies A4 and EN17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.

$ri41mkgm.rtf Notes to Applicant

1. It is recommended that the applicant introduces junction protection in the form of double yellow lines to ensure that the junction is kept clear of parked vehicles to ensure refuse vehicle and fire appliances are able to serve the development. The Council's traffic management team can assist and deliver a suitable traffic management scheme for a small fee. You can contact them on 0161 603 4046

2. The Secure by Design Team at GMP have recommended that the proposed blocks are built to Secured by Design standards, being accredited before occupation.

3. Any Network Rail boundary treatments must not be altered or removed in any way.

4. Whilst not a material consideration the applicant is reminded that they will need to liaise with Network Rail on the proposal and enter into a Basic Asset Protection Agreement (BAPA) with the applicant needing to fill out a Development Questionnaire and email it back to [email protected] , marking it for the attention of Jason Pye.

5. When preparing the information required by condition 8 the applicant should engage with Network Rail, being aware that they have requested that the sections are amended to include measurements, stating that they need to see the structural calculations to show how the works can be carried out safely, ensuring that the land does not slip and impact upon the safe operation of the railway.

6. The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Review and agreement of the RAMS will be undertaken between Network Rail and the applicant/developer. The applicant /developer should submit the RAMs directly to: [email protected]

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