Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 28 July 2011 Application Number Date of Appln Committee Date Ward 096365/FO/2011/S2 2nd June 2011 28th July 2011 Baguley Ward Proposal Change of use from betting office (Class A2) to 2 self-contained flats, with elevational alterations and creation of car parking area to the front. Location 110-112 Hall Lane, Baguley, Manchester Applicant Neil Gibbon, 322 Washway Road, Sale, Manchester, M33 4RT Agent Bob Whitelegg, RFW Associates, 6a Northenden Road, Sale, Cheshire, Manchester, M33 3BR Description 110-112 Hall Lane is a 2 storey building which is currently vacant though last used as a bookmakers (Class A2). To the north of the site stands Lantern Court, a 4 storey apartment development, while to the south, beyond a public footpath that connects up to Chilmark Drive, stands Sir Williams Court, another 4 storey apartment development. To the east of the site, on the opposite side of Hall Lane, stands Baguley Hall, a Grade I listed building and Scheduled Ancient Monument. To the rear of the application site, i.e. the west, there is a rectangular plot of land previously owned by the developers of Sir Williams Court, though they have since gone into administration. To the front of the premises there is a hardsurfaced and lawned area, the latter of which is enclosed by low metal railings on two sides and by taller railings along the common boundary with Lantern Court. The applicant is proposing to convert the property into two self-contained flat, the primary access to which would be via two separate entrances created on the front elevation of the property, following the removal of the shop front and associated rollers shutters. To the front of the premises, the applicant is proposing to provide two off-street parking spaces and a landscaped area which would be enclosed by a new dwarf wall. The parking spaces will be accessed off the driveway which provides access to Sir Williams Court. In addition, the applicant is proposing to convert the rear yard into amenity space and provide beyond that a bin store. Elevational alterations are also proposed in the form of new windows and render panels on the side elevation facing Sir Williams Court and a new ground floor elevation and new first floor bay windows on the front elevation. Consultations Local Residents – No comments received. Head of Highway Services – Any comments will be reported at the committee. Head of Environmental Services – Any comments will be reported at the committee. 17 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 28 July 2011 Wythenshawe Regeneration Team – Any comments will be reported at the committee. Greater Manchester Police (GMP) – No objections subject to the imposition of a condition requiring the development to achieve Secured by Design accreditation. Issues Unitary Development Plan (UDP) – There are no site specific policies in the UDP for this site. However, when dealing with applications of this nature consideration is given to policy H2.2 in Part 1 of the UDP. Policy H2.2 states that the City Council will not allow development which will have an unacceptable impact on residential areas. The matters the City Council will consider in coming to such a decision will include the scale and appearance of the development and its impact in terms of noise, vibration, traffic generation, road safety and air pollution. North West of England Plan Regional Spatial Strategy (RSS) to 2021 (adopted September 2008) – The following policies are considered to be of relevance: Policy DP1, Spatial Principles – The following principles underpin the RSS • promote sustainable communities; • promote sustainable economic development; • make the best use of existing resources and infrastructure; • manage travel demand, reduce the need to travel, and increase accessibility; • marry opportunity and need; • promote environmental quality; • mainstreaming rural issues; • reduce emissions and adapt to climate change. Policy DP4, Make the Best Use of Existing Resources and Infrastructure – Priority should be given to developments in locations consistent with the regional and sub- regional spatial frameworks which build upon existing concentrations of activities and existing infrastructure and which do not require major investment in new infrastructure, including transport, water supply and sewerage. Where this is unavoidable development should be appropriately phased to coincide with new infrastructure provision. It states further that development should accord with the following sequential approach: • first, using existing buildings (including conversion) within settlements, and previously developed land within settlements; • second, using other suitable infill opportunities within settlements, where this is well-located in relation to housing, jobs, other services and infrastructure. Principle of the Proposal – The principle of the proposed development is considered acceptable. Notwithstanding this, consideration must be given to the 18 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 28 July 2011 proposal’s impact upon existing levels of residential and visual amenity and pedestrian/highway safety. Access for Disabled People – Ramps at the front and rear entrance points will be created to bridge the 100mm difference between the floor level of the ground floor flat and the external paving. In addition, all doorways will be 838mm wide and the ground floor bathroom will be adapted for disabled use to meet Part M of the Building Regulations. As this proposal involves the conversion of a property constructed in the first half of the 20 th century the level of provision is considered acceptable. Residential Amenity – Given the orientation of the existing windows it is not considered that the use of the building as two self-contained flats will compromise the existing levels of residential amenity enjoyed by the occupants of the adjoining accommodation. Notwithstanding this, it is considered that the use of the rear landing to the first floor flat may impinge upon these amenity levels, to ensure that this is not the case the applicant has been requested to amend the application with the addition of a suitable screen, this is reflected in the recommendation. Design – The proposed elevational alterations, namely the render panels, first floor bay windows, ground floor windows and doorways are considered acceptable. Visual Amenity – As the property has been vacant for a number of years and has fallen victim to vandalism it is considered that its reuse and physical improvement will enhance the levels of visual amenity enjoyed in the area. Pedestrian and Highway Safety – It is not considered that the siting of the parking spaces off an existing access road will prove detrimental to current levels of pedestrian and highway safety. The Head of Highway Services has been consulted and any comments will be reported at the committee. Parking – The proposed level of parking is considered acceptable in this instance. Amenity Space – An adequate level of amenity space is proposed. Landscaping – The indicative landscaping scheme shows that whitebeam, mountain ash and silver birch trees will be planted to the front of the property. An appropriate condition will ensure that trees suitable for the site will be planted to the front of the property. Crime and Disorder – The applicant will be required to obtain Secured by Design accreditation. In addition, it is considered that the re-use of the building will improve levels of natural surveillance in the vicinity of the footpath that runs to the side of the property, as well as the land located at the rear of the site which in the past has been subject to a degree of anti-social activity. Human Rights Act 1998 considerations – This application needs to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applicants (and those third parties, including local residents, who have made representations) 19 Manchester City Council Item 5 - List No. 3 Wythenshawe Area Committee 28 July 2011 have the right to a fair hearing and to this end the Committee must give full consideration to their comments. Protocol 1 Article 1, and Article 8 where appropriate, confer(s) a right of respect for a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Unitary Development Plan, the Head of Planning has concluded that some rights conferred by these articles on the applicant(s)/objector(s)/resident(s) and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. He believes that any restriction on these rights posed by the approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts. Recommendation MINDED TO APPROVE (subject to the provision of suitable screening on the rear balcony area) on the basis that the proposal is in accordance with the City Council's Unitary Development Plan, in particular the following policies and there are no material considerations of sufficient weight to indicate otherwise: Policy H2.2 states that the City Council will not allow development which will have an unacceptable impact on residential areas. It is not believed that the proposed development will have a detrimental impact in terms of noise, vibration, traffic generation, road safety and air pollution or through its scale and appearance. Conditions and/or Reasons 1) The development must be begun not later than the expiration of three years beginning with the date of this permission. Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.