APPLICATION REPORT - PA/049058/05 Planning Committee, 1 June, 2005

Registration Date: 17/03/2005 Ward: Central

Application Reference: PA/049058/05 Type of Application: Full Planning Permission

Proposal: Erection of 54 no. apartments (1 and 2 bed) for independant and assisted living, including communial facilities, central plazza, general landsacaping and external recreation facilities Location: Land adjacent to Chadderton Total Care, off Nordens Street, Chadderton Case Officer: Matthew Lamb

Applicant Chadderton Total Care Agent :

THE SITE

Land adjacent to Chadderton Total Care, off Nordens Street, Chadderton,

THE PROPOSAL

Chadderton Total Care is an existing nursing home located on land to the north of terraced properties on Middleton Road, Chadderton. It is currently accessed via Middlewood Green and Middlewood Court.

The owners of the Chadderton Total Care site have recently purchased an adjoining piece of land to the east of the site which is accessed from Nordens Street/Moreton Street. This site comprises an existing single storey outbuilding (which is the subject of the application also under considerations this evening for a change of use to form an additional 30 bed unit for the care home – PA/048930/05), and vacant land, which was formerly occupied by United Utilities.

The agent reports that it is proposed to develop a “care village” to supplement existing nursing facilities within the site. There will be a 30 bed dementia unit (which is assessed under PA/048930/05) and inter linked, but essentially independent development of 54 no. apartments. These will be for independent and assisted living and will be 1 and 2 bed. They have been designed as flexibly as possible so that units can be changed/converted by future occupiers such that they can have both bedrooms, or perhaps lose a bedroom and extend the lounge/dining room.

In order to create a sustainable community feel, it is also proposed to have a bar/bistro and café, gym, hair salon, IT zone, library and several sitting rooms and informal lounges.

The apartments will be for over 55 year olds or those over 35 with disabilities. However, the applicant has stated that established research would show that the average would be approximately 78 years of age. The applicant is happy for such an arrangement to be conditioned should permission be granted for the development. It is the applicant's initial intention to sell the properties on an equity retention basis.

A manager will be on site 24 hours a day, who will oversee events on the site via the manager’s office and central reception. All units are accessed via this central reception area.

The development will offer a sliding scale of care for occupiers, whereby the level of assistance afforded could differ. It may be that an occupier would simply wish to pay a regular service charge and not receive a specific care package. On the other hand, residents can have a range of “add on” services, which would range from meals, a cleaning service, laundry, shopping, prescription drop off/pick up, assisted bathing/personal care, up to a full personal care package (offers help with washing and dressing 8am – 10pm).

The development is significant in scale, doubling the footprint of the existing Chadderton Total Care site. The building will be of a U shaped formation, which will follow the boundaries of the site, and will leave a central space within the site which will form a central piazza, with hard/soft landscaping and feature fountains. This space will be solely for the use of residents of the development. The building will have single, two and three storey elements and will be rendered, with facing brickwork.

The scale and massing of the building is illustrated in a scale model which will be available for inspection at the Committee meeting.

Basement level parking is proposed, which will provide 54 no. spaces in total, and 6 no. short stay/taxi spaces adjacent to the entrance.

A previous application for the site in 2003 granted outline consent for a mixed residential and nursing home scheme. Means of access was from Nordens Street.

RELEVANT HISTORY OF THE SITE:

PA/046012/02 - Outline application for mixed residential and nursing home use means of access to be considered. All other matters reserved. Approved – not implemented.

SITE SPECIFIC UDP POLICIES

NONE No site specific policy applies.

HOUSING MARKET RENEWAL IMPLICATIONS

The site lies outside the Housing Market Renewal Area. The part of the HMR area immediately closest to the site has not been identified as one of the early intervention areas, nor as part of the second wave of HMR. The closest such area would be the Werneth/Freehold early intervention area. The question as to whether the proposed development could adversely affect the HMR areas is linked to three factors:

• the scale of the proposed development;

• whether, and where, there could be alternative new build housing available to buyers within HMR over the next three years with which it may compete; and

• whether, and where, there may be alternative sites available within the HMR area to investors/developers from which it could divert investment.

I am satisfied that given the specialised nature of the development for meeting specific housing/care needs, that the development will not adversely affect HMR objectives.

CONSULTATIONS

Pollution Control (Air, Noise, No objection Water) **Traffic Section Assessing additional information. To be reported United Utilities Water Ltd, Raise objection to the scheme on the grounds that agreement has not yet been reached with the applicant over the sewer which runs through the site Environment Agency No objection Greater Police No objection Architectural Liaison Unit

REPRESENTATIONS

No responses received

PLANNING CONSIDERATIONS

The application site is unallocated in the Oldham Unitary Development Plan (UDP) and as such no site specific policies apply. The proposed development is therefore required to be assessed on its merits against the general provisions of the Oldham UDP and any other material considerations.

The principle of the residential development of the site has already been established through the previous outline application. The surrounding area is residential and the re-development of the site for residential purposes represents the development of a brownfield site, as encouraged by Planning Policy Guidance Note 3 on Housing (PPG3). Accordingly, there is no objection, in principle, to the development in land use terms.

In addition, although formerly in industrial use, I consider that any continued, or industrial/business re-use of the site would not comply with the requirements set out in AUDP policies B2.2 and B3.1. The site is surrounded by residential properties on Middleton Road and Nordens/Moreton Street, with residential units currently being constructed (foundations going in) for an adjoining site to the west. The application site also bounds the recently approved (on appeal) Hunt Lane housing site (Ref. PA/043090/02). With this in mind I am of the opinion that the continued use of the site for industrial/business purposes is inappropriate.

Design, scale and massing UDP policy BE1.1 seeks to ensure that development proposals display high standards of design, use of materials and landscaping, are visually attractive and do not harm the character or appearance of the surrounding area. The development should also not be detrimental to the privacy or amenity of existing and future residents.

The development has been sympathetically designed with surrounding properties, ensuring acceptable privacy and amenity distances. I note the scale of the proposed building, particularly when viewed from Hunt Lane to the south. I am of the opinion that the bulk and massing of this elevation, and indeed the development as a whole has been successfully broken up with the use of two and three storey elements, contrasting materials, and recess and projecting features where appropriate. The existing tree belt to Hunt Lane will also screen the scale of the building when viewed from Hunt Lane.

Subject to final agreement on the use of materials, I am satisfied that the development is acceptable.

Recreational Open Space Under Policy R3.1 of the AUDP, where housing developments contain more than 30 units, the Council will only permit development where:

a. provision is made on site for publicly available and usable amenity space at not less than 30 square metres per dwelling; and

b. part of this provision is suitable for, and laid out as children's play space.

Where on-site provision is, in the Councils view not practicable or desirable the Council will seek the provision of a commuted sum for the improvement of an existing area of amenity public open space in a suitable location.

I note that this development will provide outside amenity space, at a rate at least equal to the requisite 30 square metres per unit. However, this space will not be publicly accessible, being only available for users of the development. Given the lack of any publicly available open space it is appropriate to consider a commuted payment towards the enhancement of existing space in the area.

For a development of 54 no. units it would normally be a requirement for the developer to provide a commuted payment (assuming that all were 2 bed units) in the region of £50,014.80 (£22,734 capital payment and £27,280.80) on the basis of the old POS figures. Under the newly approved calculations, the developer would actually be required to pay £95,040. The applicant has stated that he would be willing to contribute £4000 (four thousand pounds) towards off-site provision, arguing that given the specialist nature of the site, any future occupiers will not need/want to use off site provision. Of the number that will, it is considered that they will be so small as not to place any significant pressure on other nearby amenity space.

Whilst I accept that given the specialised nature of the development (average age, mobility, etc), a full payment is perhaps unreasonable in this instance, I am of the opinion that the £4000 offered is significantly less than what is considered to be reasonable in the particular circumstances. I consider it is unrealistic to assume that users of the development will exclusively use the open space provided within the site, and not place pressure on existing POS. Many over 55 year olds would be quite capable of using nearby off-site provision.

I note the applicants comments that there are no suitable locations in which to spend the money which are "of use" to potential residents. I disagree. I note that recreational route 66 runs behind the development, and links through to Broadway and Chadderton District Centre. I consider that should an acceptable commuted sum be secured, significants improvements could be made to this route, which is already to be the subject of a £50,000 payment from the Hunt Lane development. I consider that such improvements would make the site a suitable, and appropriate location for any monies to be spent.

To conclude, I am of the opinion that given the size of the development, it is reasonable to seek a commuted payment (albeit at a reduced rate from the full requirement) in this instance. As the offer made does not reflect a reasonable amount relating to the scale of the development I have no alternative but to recommend refusal of the application.

Affordable Housing

The proposed development, by virtue of being over 25 dwellings, triggers the thresholds in Circular 6/98 whereby the Council can negotiate for the provision of affordable housing. The proposed development is in effect for a private sheltered housing scheme, to be occupied by residents above a given age. The development is, therefore, not what might be termed general market housing although the properties will be for sale on the owner-occupier market.

Government advice in Circular 6/98 is clear in stating that where there is a need for affordable housing provision it should be provided as part of the development. However, given the specialist nature of the scheme I do not think it is good planning to insist on the provision of first time buyer and family accommodation as part of a scheme which couldgenerally be occupied by the elderly. I also understand that there is no clearly identified need for private sites to contribute towards the provision of private affordable sheltered accommodation

Circular 6/98 allows for off-site provision or the payment of a commuted sum where the authority and the developer agree that, where an element of affordable housing would be appropriate it is nonetheless preferable that it is not located on the site. In this case, although the site passes the affordable housing threshold, the proposed development is of a specialised nature and because there is no particular need to seek sheltered affordable housing as part of private development sites, it does not, in my opinion, generate a need for the provision of affordable housing. Therefore, off-site provision or commuted sum payments would not be appropriate.

I have considered asking the developer to contribute a commuted sum to meet the needs that do exist in the Borough. However, Circular 1/97 on Planning Obligations sets out five tests that planning obligations must pass. Two of these are that the Obligation must be "directly related to the proposed development" and "fairly and reasonably related in scale and kind to the proposed development". In my opinion, in this instance a planning obligation which seeks a contribution to the provision of general needs affordable housing would not meet these criteria.

Therefore, because of the specialist nature of the proposed development I do not consider that is appropriate to require the development to meet general housing needs either on-site or in-kind.

Traffic/Highways Turning to traffic issues it is advised that my Highway Engineer has outstanding concerns relating to the servicing arrangements for the units. This element of the scheme is still the subject of negotiation. I will advise on the outcome of such negotiations, and on any necessary amendments to the scheme at the Committee meeting.

Whilst I acknowledge the acceptability of the design of the scheme, and the fact that it would involve the re-development of a vacant, brownfield site, I am of the opinion that these aspects do not outweigh the inadequacy of the £4000 commuted payment offered towards off site POS provision. I therefore have no alternative but to recommend refusal of the application.

RECOMMENDATION

Refuse.

1. The development fails to make provision for publicly available on-site amenity space, or for a commuted sum for the improvement of an existing area of public amenity open space near to the development site, or to fund the cost of laying out new facilities in the area, in line with the Section 106 Planning Obligations Good Practice Guide 2005. The development is thereby contrary to Policy R3.1 of the Adopted Unitary Development Plan for Oldham.

PLANNING COMMITTEE - BACKGROUND PAPERS

REPORT OF THE EXECUTIVE DIRECTOR ENVIRONMENTAL SERVICES - PLANNING AND ADVERTISEMENT APPLICATIONS

WHAT ARE THE ‘BACKGROUND PAPERS’? The Local Government Act 1972 provides that the public are entitled to the agendas, minutes and papers of meetings of the Council which are held in public and some access to the "background papers" relating to reports. Papers, agendas and minutes of meetings must generally be available five clear days prior to the date of the meeting.

The following is a list of background papers on which this report is based in accordance with the requirements of Section 100D (1) of the Local Government Act 1972. It does not include documents, which would disclose exempt or confidential information defined by that Act.

THE BACKGROUND PAPERS

1. The appropriate planning application file: This is a file with the same reference number as that shown on the Agenda for the application. It may contain the following documents:

• The application forms • Plans of the proposed development • Certificates relating to site ownership • A list of consultees and replies to and from statutory and other consultees and bodies • Letters and documents from interested parties • A list of OMBC Departments consulted and their replies.

2. Any planning or advertisement applications: this will include the following documents:

• The application forms • Plans of the proposed development • Certificates relating to site ownership • The Executive Director, Environmental Services’ report to the Planning Committee • The decision notice

3. Background papers additional to those specified in 1 or 2 above or set out below.

ADDITIONAL BACKGROUND PAPERS

1. The Adopted Oldham Unitary Development Plan. 2. Development Control Policy Guidelines approved by the Environmental Services (Plans) Sub-Committee. 3. Saddleworth Parish Council Planning Committee Minutes. 4. Parish Council Planning Committee Minutes.

These documents may be inspected at the Environmental Services Department, Level 12, Civic Centre, West Street, Oldham during normal office hours, i.e. 8.40 am to 5.00 pm.

Any person wishing to inspect copies of background papers should contact Mrs Barbara Hodgson, Planning Administration Manager or Mrs Nicola Robinson, Senior Planning Administrator, telephone no. 0161 911 4171.