Manchester City Council Item No.8 Planning and Highways Committee 25 August 2016 Application Number Date of Appln Committee Date Ward 111295/FO/2016/S2 18th Feb 2016 28th Jul 2016 Burnage Ward Proposal Change of use from A1 (retail use) to A4 (drinking establishment) Location 228 Fog Lane, Burnage, Manchester, M20 6EL Applicant Miss Elena Rowe , 66 Stapleton Street, Salford, M6 7WG, Background This application was reported to the Committee on 28th July 2016, at that meeting Committee members will recall that they were minded to approve the application based upon the information submitted by the applicant and the particular way in which the business was proposed to operate. Members were of the view that the proposed use of the property would not give rise to the concerns set out in the Committee report and that impacts of the proposed use could be mitigated by the attaching of planning conditions to any approval. Officers have re-examined the application and the weight afforded by members to the proposed operation of the unit by the applicant. In this instance a range of planning conditions are proposed to mitigate against noise impacts associated with the use and the use of a personal condition that would have the effect of the use ceasing on the ending of the applicants involvement with the property. On this basis if Members remain to be minded to approve the application, they may wish to consider the following conditions to be attached to any permission. 1) The development must be begun not later than the expiration of three years beginning with the date of this permission. Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2) The permission granted shall be personal to the applicants only and on the cessation of ownership by the applicants, the use of the premises for which the permission is hereby granted shall be discontinued. Reason - In granting this permission the City Council as local planning authority has had regard to the special circumstances of the applicant, pursuant to policies DM1, C10 and SP1 of the Manchester Core Strategy. 3) Deliveries, servicing and collections, including waste collections shall not take place outside the following hours: 07.30hrs to 20.00hrs Monday to Saturday, no deliveries/waste collections on Sundays/Bank Holidays. Item 8 – Page 1 Manchester City Council Item No.8 Planning and Highways Committee 25 August 2016 Reason - To safeguard the amenities of the occupiers of nearby residential accommodation. 4) The premises shall not be open outside the following hours unless otherwise agreed in writing by the City Council as local planning authority:- Monday, Tuesday – Closed Wednesday and Thursday – 15.30 – 22:00hrs Friday and Saturday – 13.30 – 23.00hrs Sunday – 13.30 – 22.00hrs Reason - To safeguard the amenities of the occupiers of nearby residential accommodation. 5) The premises shall be acoustically insulated and treated to limit the break out of noise in accordance with a noise study of the premises and a scheme of acoustic treatment that has been submitted to and approved in writing by the City Council as local planning authority. The scheme shall be implemented in full before the use commences. Where entertainment noise is proposed the LAeq (entertainment noise) shall be controlled to 10dB below the LA90 (without entertainment noise) in each octave band at the facade of the nearest noise sensitive location, and internal noise levels at structurally adjoined residential properties in the 63HZ and 125Hz octave frequency bands shall be controlled so as not to exceed (in habitable rooms) 47dB and 41dB, respectively. Reason - To safeguard the amenities of the occupiers of the building and occupiers of nearby properties. 6) The outdoor forecourt area to the front shall not be in use outside of the following hours: Monday and Tuesdays – No external use Wednesday and Thursday – 15.30 to 21.30 hrs Friday to Sunday - 13.30 to 21.30 hrs Reason - In interests of residential amenity in order to reduce noise and general disturbance in accordance with saved policy DC26 of the Unitary Development Plan for the City of Manchester and policies SP1 and DM1 of the Core Strategy. 7) The rear yard area shall not be used for the disposal of refuse, glasses, or glass bottles in externally sited receptacles outside the following hours. 07.30 to 20.00 hrs Reason - To safeguard the amenities of nearby residential occupiers, pursuant to pursuant to policy DM1 of the Manchester Core Strategy and saved policies DC26 and H2.2 of the Unitary Development Plan for the City of Manchester. Item 8 – Page 2 Manchester City Council Item No.8 Planning and Highways Committee 25 August 2016 8) Externally mounted ancillary plant, equipment and servicing shall be selected and/or acoustically treated in accordance with a scheme designed so as to achieve a rating level of 5dB (LAeq) below the typical background (LA90) level at the nearest noise sensitive location. The scheme shall be submitted to and approved in writing by the City Council as local planning authority in order to secure a reduction in the level of noise emanating from the site. Reason - To minimise the impact of the development and to prevent a general increase in pre-existing background noise levels around the site. 9) Before the development commences a scheme for the storage and disposal of refuse shall be submitted to and approved in writing by the City Council as local planning authority. The details of the approved scheme shall be implemented as part of the development and shall remain in situ whilst the use or development is in operation. Reason – In the interests of public health, pursuant to policy DM1 of the Core Strategy. 10) The development shall be undertaken in accordance with the drawing of the ground floor plan date stamped as received by the local planning authority on the 7th March 2016 and supporting statement prepared by the applicant and stamped as received by the local planning authority on the 16th February 2016. Reason - To ensure that the development is carried out in accordance with the approved plans. Pursuant to policies SP1 and DM1 of the Core Strategy. Description This application relates to the ground floor of a two storey terraced building comprising of a vacant A1 shop unit on the ground floor and residential flat on the first floor. Permission is sought to change the use of the ground floor from A1 (retail use) to A4 (drinking establishment). The submitted drawings show a ground floor containing 11 tables, with the bar area in a central position within the property next to the kitchen. The toilet would be at the rear of the building and the rear yard used for the storage of bins and waste only. At the front of the property would be a small outdoor seating area for two tables. The building forms a parade of shops on Fog Lane which is identified in the Core Strategy document as a Local Centre. Item 8 – Page 3 Manchester City Council Item No.8 Planning and Highways Committee 25 August 2016 Consultations Local Residents/Public Opinion – Local residents have been notified of the application twice, once for the original submission and a second time for additional information in the form of a noise survey and planning statement. A summary of the comments received to each notification has been provided below: 1st Notification A total of twelve objections were received a summary of the comments raised are provided below: • Object to another licensed property on the parade of shops of Fog Lane. There have been many problems associated with the Cake Shop that include litter, noise, smoking, anti-social behaviour and car parking. Residents efforts to improve the area by removing litter, installing planters will be undermined by granting permission; • Residents objected to another potential source of litter, noise and anti-social behaviour in a residential area; • Resident is impressed with recent initiatives to improve the area and fear that a drinking establishment would not help to improve the area; • The combination of a number of hot food take always with a drinking establishment will attract anti-social behaviour to the area; • Concerns were raised that the road is a major school route and of anti-social behaviour associated with a drinking establishment; • Another resident raised concerns with patrons leaving the establishment at night and has asked the Council to ensure that there will be enough toilets to discourage people from using the rear alleyway and planters as a toilet and that there should be no rear exit to the establishment; and, Item 8 – Page 4 Manchester City Council Item No.8 Planning and Highways Committee 25 August 2016 • Concerned about noise travelling into the living accommodation of the flat above the unit, however has said they would not object if this wasn’t going to be an issue. A total of five representations were received in support of the application a summary of their comments are provided below: • The Fog Lane parade is in urgent need of regeneration by local independent businesses and attracting more locals of an entrepreneurial mindset into the area has the potential of vastly improving the area. The resident has full confidence that the applicants will work to improve the area and have a positive impact by breaking up the barrage of takeaways and fast food premise; • Welcome a bar/pub in the area as the nearest bar/pub is fair distance away; • Another resident states that a greater variety of services/uses in the local parade is needed and that the proposal does not look like the type of venue that would attract anti-social behaviour.