To consider the schedule of applications.

Transcription

THE SPEAKERS PANEL
ITEM NO.5
Meeting on 24th June 2015
Local Government (Access to Information) Act 1985
The list of background papers relating to the reports on this item may be
inspected at the Planning and Building Control Reception, Level 1, Council
Offices, Wellington Road, Ashton-under-Lyne.
For reports contact Mr J Dugdale 3126
KEY TO APPLICATION SUFFIX CODES
Full Application
Outline Application
Reserved Matters
Advertisement Consent
Conservation Area Consent
Listed Building Consent
Local Authority
Certificate of Appropriate
Alternative Development
Crown Development Circular 18/84
FUL
OUT
REM
ADV
CON
LBC
R3D/R4D
CAD
GOV
KEY TO PAGES
Ashton-under-Lyne
Denton
Audenshaw
Droylsden
Dukinfield
Mossley
Hyde
Stalybridge
Longdendale
Pages 1-34
None
Pages 35None
None
Pages 45-54
Pages 55-102
pages 103-109
None
PLANNING APPLICATIONS – GENERAL GUIDANCE
For Members of “Speakers Panel (PLANNING)”
Section 70(2) of the Town and Country Planning Act 1990 sets out the factors
to be taken into account in the determination of planning applications. This
provision has been modified by Section 143 of the Localism Act 2011 to read
as follows:
In dealing with such an application the authority shall have regard to
(a) the provisions of the development plan, so far as material to the
application,
(b) any local finance considerations, so far as material to the application,
and
(c) any other material considerations.
You must NOT prevent, inhibit or delay development, which could reasonably be
permitted.
You should only refuse permission where this serves a sound and clear planning
purpose.
Decisions must be based only on material planning considerations and not
influenced by immaterial considerations (e.g. whether the Ward Councillors do or
do not support it, or who the Applicant is) or direct or indirect personal interest.
Each application must be considered on its merits.
If Speakers Panel refuse permission the reasons for refusal must be complete,
precise and relevant to the application.
Firm evidence must be available to substantiate the reasons for refusal, costs
may be awarded against the Council.
If in doubt seek advice from the Borough Solicitor or the Head of Planning.
SPEAKERS PANEL
24th June 2015
SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION
Page
No.
Application Number and
Name Of Applicant
Item 1
15/00228/FUL
1-8
Carillion Plc
Item 2
15/00244/FUL
9-22
Dovetail Land And
Development And Vita Unit
Trust C/O Roc.
Item 3
15/00255/FUL
23-34
Mr P Merrick
Item 4
15/00419/FUL
35-44
Hyde Group Holdings Ltd
Item 5
14/00729/FUL
45-54
Seddon Homes Ltd
Site Address and
Proposal
Playing Fields Richmond Street
Ashton-Under-Lyne Tameside
Installation of 6 bay modular building
for use by local scouting group and
associated community use. This is an
existing modular building which is
being relocated to this new position.
Ryecroft Mill Ryecroft Street AshtonUnder-Lyne Tameside
Recommendation
Approve
Minded to
Approve/Section
106/Traffic
Regulation Order
Demolition of all existing on site
structures and the redevelopment of
the site for 51 residential dwellings (39,
2-storey houses and a 3-storey block
of 12 flats) for affordable rent (Use
Class C3), landscaping and vehicular
access from Ryecroft Street.
8 Church Street Ashton-Under-Lyne
Tameside OL6 6XE
Minded to
Approve/Section
106
Demolition of lean to building,
alteration of existing buildings and
construction of new extension to form
18 new apartments.
Delta Works Delta Road Audenshaw
Tameside
Variation of condition 03 attached to
planning consent 06/00649/FUL and
condition 18 attached to planning
consent 02/00045/FUL to reflect
changes to vehicle parking, servicing
and storage arrangements on site,
together with variation of condition 01
attached to planning consent
02/00904/FUL to amend the restriction
on vehicle movements on the site to
between 10 pm and 6 am.
Refuse
Land And Buildings Bounded By Hart
Court Smith Street And Lees Road
Mossley Tameside
Change of use of land to private
gardens and retention of retaining wall
with associated changes in levels and
Approve
SPEAKERS PANEL
24th June 2015
SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION
Page
No.
Application Number and
Name Of Applicant
Site Address and
Proposal
Recommendation
landscaping details
Item 6
14/00854/FUL
55-64
Mr Joe Mulhearn
Item 7
15/00083/FUL
65-79
Cavendish Property
Developments
Item 8
15/00300/FUL
80-86
Mrs Joanne Burnett
Item 9
15/00330/FUL
87102
Mr And Mrs Gail And Tony
Baugh
Item 10
15/00371/FUL
103109
Global Car Valeting
Fairhaven Caravan Park 78 Mill Lane
Hyde Tameside
Erection of a maintenance building
Approve
Land With Garages Waverley Road
Hyde Tameside
Erection of 4 dwelling houses.
Approve
Land Adjacent To 124 Mottram Old
Road Hyde Tameside
Detached dwelling house
Refuse
15 Queens Drive Hyde Tameside
SK14 5LQ
Two-storey and single-storey extension
Approved
Elf Service Station Huddersfield Road
Stalybridge Tameside
Stationing of portable office building in
connection with Car Valeting business
- RETROSPECTIVE
Approved
Planning Application 15/00228/FUL Item 1
Scale 1/1250
This map is reproduced from Ordnance Survey material with
the permission of Ordnance Survey on behalf of the Controller
of Her Majesty's Stationary Office (c) Crown copyright. Unauthorised
reproduction infringes Crown copyright and may lead to prosecution
or civil proceedings.
1
Date 11/6/2015
Centre = 392668 E 399731 N
Application Number: 15/00228/FUL
Photo 1
Photo 2
2
3
RICH-01-A02
C
WC WC WC
Classroom
Classroom
D
B
Classroom
RICH-01-A02-Existing Plan and Elevations
EXISTING FLOOR PLAN
A
ELEVATION A
ELEVATION B
Revision
Amendment
Carillion Government Services
Council Offices, Wellington Road, Ashton-under-Lyne, Tameside, OL6 6DL
Telephone : 0845 1212228 Fax : 0161 342-2347
4
Project
Modular Building
land off Richmond Street, Ashton under Lyne
Title
Existing Plan and Elevations
Date:
Scale:
09.03.15
1/100@A2
Drawn By:
MW
Proj. No:
RICH-01-A02
RICH-01-A02
ELEVATION D
ELEVATION C
Date
Application Number
15/00228/FUL
Proposal
Installation of 6 bay modular building for use by local
scouting group and associated community use. This is an
existing modular building which is being relocated to this
new position.
Site Location
Richmond Street Playing Fields, Ashton-under-Lyne
Applicant
Carillion Plc
Recommendation
Approve
REPORT
1.0
PROPOSAL
1.1
The proposal is to move an existing pre-fabricated modular building from Russell
Scott primary school to land at the Richmond Street Playing Fields. The singlestorey building, measuring 18m long by 11m wide and 5m tall, would be situated
alongside the existing clubhouse used by East Cheshire Harriers. The building is
constructed of plastic coated steel bonded on plywood, coloured Juniper Green.
2.0
SITE & SURROUNDINGS
2.1
The playing fields are located at the northern end of Richmond Street and form part
of the green belt that separates Ashton, Droylsden and Oldham. The fields contain
East Cheshire Harriers' athletics ground, a fenced Closed-Loop Cycle Track, Curzon
Ashton's football stadium and, next to this, a floodlit, all-weather pitch. There are two
unlit and unenclosed, grass football pitches and a lacrosse pitch, and a freelyaccessible horse riding paddock.
2.2
The fields are unenclosed along the northern boundary and vehicular access is taken
from Richmond Street. A metalled access road leads from the access point, along
the northern side of the athletics ground, to the football stadium's car park. A car
park for users of the athletics ground and grass sports pitches is located on the
northern side of the access road, immediately upon entering the site. There are a
couple of small, single-storey buildings - changing rooms and the East Cheshire
Harrier's clubhouse - on the north-western side of the car park.
2.3
The playing fields are bounded: to the south by the railway; to the west by Hope Fold
Farm, and unused and overgrown land to the south of this; to the north by a track,
used as a footpath and bridleway, running from Richmond Street to Lumb Lane,
beyond which is open space; and, to the east by Richmond Street. Rear gardens of
houses on the western side of Richmond Street abut the car park.
5
3.0
PLANNING HISTORY
3.1
None relevant.
4.0
RELEVANT PLANNING POLICIES
4.1
National Planning Policy Framework (NPPF)
The NPPF sets out the Government’s planning policies for England and how these
are expected to be applied.
4.2
National Planning Practice Guidance (NPPG)
This is intended to complement the NPPF and to provide a single resource for
planning guidance, whilst rationalising and streamlining the material. Almost all
previous planning Circulars and advice notes have been cancelled. Specific
reference will be made to the NPPG or other national advice in the Analysis section
of the report, where appropriate.
4.3
Tameside’s Unitary Development Plan (UDP)
4.3.1
Part 1 Policies
1.3
Creating a Cleaner and Greener Environment
1.8
Retaining and Improving Opportunities for Sport, Recreation and Leisure.
4.3.2
Part 2 Policies
OL1
Protection of the Green Belt.
5.0
PUBLICITY CARRIED OUT
5.1
9 no. neighbour notification letters sent out on 30th March 2015.
5.2
A notice was posted at the site and was published in a local newspaper.
5.3
Notification was sent out on 5th June 2015 to the two neighbours who had objected
previously to notify these people of the amendments (see para. 8.3 below).
6.0
RESPONSES FROM CONSULTEES
6.1
None.
7.0
SUMMARY OF 3rd PARTY RESPONSES RECEIVED
7.1
Prior to the plans being amended (see para. 8.3 below) objections were received
from two neighbours. The grounds for objection were that the building is unsightly
and that the proposal would:
6
exacerbate existing traffic congestion and parking problems;
lead to increased noise, light pollution and litter;
result in a loss of open space;
and, worsen existing problems caused by poor land drainage.
8.0
ANALYSIS
8.1
The pre-fabricated modular building would be leased to the 12th Ashton Scouts
Group and would replace their existing facility on Knowle Avenue, Ashton under Lyne
which is going to be demolished in order to make way for residential development, for
which planning permission (ref. 14/00607/FUL) was granted in October 2014.
8.2
As was the previous hut, it is proposed that the new facility would be used three
evenings a week; by Scouts and Cubs on Tuesdays and Wednesdays and by Guides
and Brownies on Thursdays, in each case attracting between ten and twenty young
people between 07.00pm and 09.00pm. There would be occasional use on other
evenings and at weekends.
8.2
Most, if not all, of the young people who would attend the facility would be drawn
from the neighbouring Crowhill estate and arrive on foot, as was the case with the old
Scout Hut, although there would be occasional drop-offs and pick-ups by car. It is
therefore not anticipated that there would be any increase in traffic in the locality and
in terms of highway matters the Council’s requirements are satisfied.
8.3
Initially it was proposed that the new Scout Hut should be positioned to the north of
the location now proposed on a mounded area of grassland where trees have been
planted. In the location now proposed the Hut would form part of an enclave of small
buildings, including the changing rooms and the East Cheshire Harrier's clubhouse,
and so reduce the extent of encroachment in to the open space. The Hut would be
positioned further away from any houses, and so not impact on drainage, and behind
either the tree-planted mound or the existing buildings and so in a much less
conspicuous location than proposed originally. The revised location also allows for
easier access to be taken from the existing car park, thus avoiding the need to walk
across grassland where poor drainage is a feature.
8.4
Given the above, the pre-fabricated building could be positioned in the revised
location without impinging unduly on any existing amenities and all matters of detail
are satisfied. Whether the proposal is acceptable in principle depends upon
consideration of green belt issues.
8.5
According to the NPPF: The fundamental aim of Green Belt policy is to prevent urban
sprawl by keeping land permanently open; the essential characteristics of Green
Belts are their openness and their permanence. New buildings for use as a Scout
Hut are considered inappropriate in the green belt and should not be approved
7
except in very special circumstances where harm to the openness is clearly
outweighed by other considerations.
9.0
CONCLUSION
9.1
In this instance the need to replace the Scout Hut that has been lost due to the
disposal of the site on which it stands is accepted as the very special circumstance
necessary to allow the proposed development. Moreover, in the revised location, the
presence of the Scout Hut would hardly impact on the openness of the Green Belt.
RECOMMENDATION – APPROVE subject to the following conditions: -
Conditions
1.
The development must be begun not later than the expiration of three years
beginning with the date of this permission.
2.
The development hereby permitted shall be carried out in accordance with the
following approved plans: the amended location plan, received on 04/07/15; and,
drawing ref. RICH-01-A02 and the Design and Access Statement, received on
11/03/15.
8
Scale 1/2000
9
Date 11/6/2015
Centre = 392855 E 398423 N
Photo 1
Photo 2
10
Photo 3
Photo 4
11
12
13
Application Number
15/00244/FUL
Proposal
Demolition of all existing on site structures and the
redevelopment of the site for 51 residential dwellings (39,
2-storey houses and a 3-storey block of 12 flats) for
affordable rent (Use Class C3), landscaping and vehicular
access from Ryecroft Street.
Site Location
Ryecroft Mill, Ryecroft Street,Ashton-Under-Lyne
Applicant
Dovetail Land And Development And Vita Unit Trust
Recommendation
Minded to Approve/Section
Regulation Order
106
Agreement/Traffic
REPORT
1.0
SITE & SURROUNDINGS
1.1
Comprising 0.85 hectares of land, the site is tightly bound by development on all
sides. Lodge Street runs along the boundary to the east, Ryecroft Street to the south
and Sutcliffe Street to the west. There are residential areas to the south and west,
characterised by high density, pre-dominantly terraced, houses, and active
commercial uses, including a petrol filling station, to the north and east, with the A635
Manchester Road beyond.
1.2
The site formerly accommodated a rubber moulding manufacturer and has since
remained vacant on a long term basis, with remaining industrial sheds and
office/administrative buildings in an extremely dilapidated industrial space.
1.3
The site was formerly accessed from Lodge Street via Ryecroft Street which is oneway in from the road gyratory system around St Peter’s church.
2.0
PROPOSAL
21
The scheme comprises 100% affordable housing and consists of: 30 no., 2-bedroom
houses; 7 no., 3-bedroom houses; 2 no., 4-bedroom houses; and, 12 no. 1-bed
apartments in one building. Each of the houses would be 2-storey, but some would
contain a third storey utilising the roof space, whilst the detached apartment block, in
the north-eastern corner of the site, would rise to 3-storeys. The houses would each
be semi-detached other than a terrace of three in the north-west corner of the site.
2.2
Reflecting the typical materials seen in the locality, all of the buildings would be
finished in red/brown facing bricks and slate grey roof tiles.
2.3
The existing access off Lodge Street would serve 3 pairs of semi-detached houses
and form a cul-de-sac that is largely self-contained from the rest of the development.
14
The remainder of the development would be accessed off Ryecroft Street, with an
internal spine road running northwards through the site.
2.4
All of the dwellings have access to private amenity space, car parking spaces,
defensible space and bicycle storage.
2.0
PLANNING HISTORY
2.1
None relevant
3.0
3.1
3.2
3.3
3.3.1
Part 1 Policies
1.1: Capturing Quality Jobs for Tameside People.
1.3: Creating a Cleaner and Greener Environment.
1.4: Providing More Choice and Quality Homes.
1.5: Following the Principles of Sustainable Development
1.6: Securing Urban Regeneration.
1.9: Maintaining Local Access to Employment and Services.
1.11: Conserving Built Heritage and Retaining Local Identity.
1.12: Ensuring an Accessible, Safe and Healthy Environment.
1.13: Meeting Obligations on Minerals, Waste and Energy.
3.3.2
Part 2 Policies
E3: Established Employment Areas.
H1: Housing Land Provision
H4: Type, Size and Affordability of Dwellings.
H10: Detailed Design of Housing Developments
T1: Highway Improvement and Traffic Management.
T10: Parking
MW11: Contaminated Land.
15
3.3.3
Other Policy
Residential Design Supplementary Planning Document.
Developer Contributions Supplementary Planning Document.
Employment Land Supplementary Planning Document
5.0
5.1
31 no. neighbour notification letters sent out, and a notice was posted at the site. on
31st March 2015. A notice was published in a local newspaper.
5.0
5.1
The Head of Environmental Services – Highways has asked that a number of
conditions and notes regarding the provision of adequate access arrangements, ,
traffic calming and management measures, postal addresses, working near to a
public highway and vehicle facilities during the period of construction be attached to
any permission.
5.2
The Head of Environmental Services – Environmental Protection has suggested that
conditions: requiring that a survey to ascertain whether the land is contaminated and
any necessary remedial measures, the implementation of the submitted Noise
Assessment Report and the provision of facilities for the storage and collection of
waste; and, restricting the hours of construction work be attached to any permission.
5.3
United Utilities has no objection to the proposal, subject to a condition regarding site
drainage.
5.4
The GM Archaeological Unit has asked that a condition allowing for a programme of
archaeological works be attached to any permission.
5.6
The GM Ecology Unit confirms that the site is not of substantive nature conservation
value and consequently has no objection.
6.0
6.1
Objections have been received from two neighbours.
objecting are that:
The reasons given for

the submitted plans differ from those shown previously by the applicant to
neighbours

the development may interfere with access to garages off Sutcliffe Street
16

the development will generate more traffic than can be accommodated by
local roads will put too great a strain on existing services.
7.0
ANALYSIS
7.1
Although not identified as an established employment area in the UDP the proposals
to redevelop the site for non-employment generating purposes must be considered in
light of policies 1.1, 1.9 and E3.
7.2
These policies aim to promote and maintain a healthy and diverse local economy
with employment growth also being directed to town centres and previously
developed land. The policies also identify the need to retain and increase the
availability of local employment opportunities throughout the Borough.
7.3
The proposal for change of land use at the Ryecroft Street site would not comply with
the part one policy aims. Specifically, the loss of an employment site in an area of
limited employment opportunities runs counter to the plans aims of keeping local job
opportunities that are accessible.
7.4
Policy E3 requires an evaluation of sites in established employment areas if a nonemployment use is proposed and an applicant should provide information that allows
the Council to assess whether the site is suitable for release, having regard to: a)
b)
c)
d)
available alternative sites;
demand for employment land in the area;
the suitability and viability of maintaining the site in employment use; and
the possible opportunity for a mixed-use development.
7.5
In assessing the suitability of the release of a site consideration of the contribution
the development would have in achieving the Borough’s housing requirement and the
regeneration benefits that would accrue.
7.6
Each of these issues is considered in turn: -
7.6.1
The Council is satisfied that the evidence provided by the applicant demonstrates
that there are sufficient alternative sites that are genuinely available and of high
quality.
7.6.2
The applicant has demonstrated evidence of a lack of demand for this site by means
of having marketed the property/site for three years and citing significant constraints
on the existing premises and location that place it at a significant market
disadvantage.
7.6.3
Submitted evidence in relation the economic viability of redeveloping or refurbishing
the site or buildings for new employment use, or a mix of uses, is not compelling.
However, given the location of the site, its redevelopment for residential use would
not conflict with or prejudice the continued use of any existing employment
17
development, and the characteristics of the site in terms of its location, access,
surrounding uses and size suggest that a mixed-use scheme would not be a realistic
proposition.
7.6.4
The site is considered to be of medium quality in the Tameside Employment Land
SPD. The SPD allows for the benefits of a proposed alternative development to be
considered against the potential of a site for continued employment use. In this
consideration, the proposal would clearly make a contribution towards the Borough’s
deliverable housing land supply and deliver positive regeneration benefits at a
gateway location into Ashton-under-Lyne through re-use of a redundant and partially
derelict site.
7.7
Given the above the proposal can be acceptable in principle. The details of the
scheme are then considered below: -
7.7.1
The proposed heights of the development sit comfortably with the existing houses
around Ryecroft Street, and reflect the mixed scales set by its previous industrial use.
The detached apartment block sits comfortably at the northern-most part of the site,
where it would not over-dominate the surrounding two and two-and-a-half storey
terraced houses in Ryecroft Street. The apartment block will instead be closer to the
larger buildings along Manchester Road, appropriately reflecting the two roads
different hierarchies.
7.7.2
In a number of instances the proposed layout fails to comply with policies designed to
prevent undue over-looking and over-shadowing of neighbouring properties. In these
instances the spacing between the proposed dwellings is slightly less than the
distance that the Council would normally want to see being achieved. However,
similar sub-standard spacing has been accepted previously in the area, particularly in
renewal housing schemes. Privacy distances to existing houses is in compliance
with the spacing standards contained in the Residential Design SPD.
7.7.3
The fairly traditional design of the proposed buildings is in-keeping with the
surroundings, whilst the varied roofline over long street frontages and feature details
around windows would add visual interest and break-up elevations.
7.7.4
The frontage of each dwelling would benefit from a defensible strip created between
the building and the boundary wall so as to soften the elevation. Soft landscaping
will include a mixture of turf, small herbaceous species and trees. All landscaping in
the scheme would be functional and low-maintenance.
7.7.5
It is proposed to incorporate the existing access point on Lodge Street, to provide
access for 6 houses (3 pairs of semi-detached houses), with the remaining 45
dwellings being access from a new priority junction off Ryecroft Street, directly
opposite the existing junction with Grosvenor Street.
7.7.6
The site has good access to public transport, with the nearest bus stops being
located in Stockport Road, approximately 200m to the south of the site from where
services provided to Manchester, Stockport and Glossop.
18
Guide Bridge Station (1.1km to south west of site) and Ashton-under-Lyne stations
(1.6km to north-east of the site) are also accessible from the site, providing services
to Manchester, Glossop and Stalybridge. The site is thus in a highly sustainable and
accessible location.
7.7.7
Each dwelling would be provided with a discrete parking space and in terms of
highway matters the Council’s requirements are satisfied.
7.7.8
Code for Sustainable Homes Level 3 is to be achieved on all units and, in terms of
disabled access, the development has been designed fully in accordance with
Approved Document Part M.
8.0
CONCLUSION
8.1
The application demonstrates a degree of compliance with Policy E3 and the
Employment Land SPD. In considering the overall planning balance, the scheme
would allow the redevelopment of a derelict site with clear regeneration benefits.
RECOMMENDATION
1)
That the Head of Housing and Planning be authorised to grant planning permission
subject to the conditions set out below and following the completion of an agreement
under section 106 of the Town and Country Planning Act 1990 for contributions
towards open space and education and the provision of suitable highway
arrangements to support the development.
2)
That the Assistant Executive Director - Environmental Services Services be
authorised to process any Traffic Regulation Order considered necessary (in
connection with the approved development and indicated on the attached plan) and
in accordance with the Road Traffic Regulation Act 1984. Subject to the resolution of
any objections received during the public consultation period.
3)
That the Assistant Executive Director - Environmental Services be authorised to use
the Council's Statutory Powers under the Highways Act 1980 to enable the making
up of Lodge St, to enable development to take place and at the developers expense.
That Lodge St is not to the Authority's satisfaction sewered, levelled, metalled,
flagged, channelled, made good and lighted and the and the Authority should
execute street works on it under part XI of the Highways Act 1980.
That the Assistant Executive Director Environmental Services be authorised to
approve the specification, plans, sections, estimate and provisional apportionment.
That on completion of the works the Assistant Executive Director Environmental
Services proceed with the final apportionment and on expiry of the maintenance
period, declare the street to be a highway maintainable at public expense
19
Approve
Conditions
1)
2)
No development shall take place until samples or a full specification of the materials
to be used in the external finishes to the buildings and to all boundary treatments
have been submitted to, and approved in writing by, the local planning authority. The
development shall then be implemented in accordance with the approved details.
3)
No surface water from this development is discharged either directly or
indirectly to the combined sewer network.
4)
No development shall commence until full details of the proposed planting indicated
on the approved plans has been submitted to, and approved in writing by, the local
planning authority. The approved scheme of planting shall then be implemented
before the development is brought in to use or in accordance with a programme
agreed previously with the local planning authority. Any newly planted trees or plants
forming part of the approved scheme which, within a period of 5 years from the
completion of the planting, are removed, damaged, destroyed or die shall be
replaced in the next appropriate planting season with others of similar size and
species by the developer unless the local planning authority gives written consent to
any variation.
5)
No development shall take place until the applicant or their agents or their
successors in title have secured the implementation of a programme of
archaeological work. The programme is to be undertaken in accordance with a
Written Scheme of Investigation (WSI) submitted to and approved in writing by the
local planning authority. The WSI shall cover the following:
1. A phased programme and methodology of investigation and recording to
include:
- Background documentary and cartographic research
- Archaeological evaluation.
- (dependent upon the evaluation) targeted open area excavation
2. A programme for post investigation assessment to include:
- analysis of the site investigation records and finds
- any outstanding historical research into the site
- production of a final report
3. Provision for public engagement during the fieldwork, for publication and
dissemination of the analysis and report on the site investigation.
4. Provision for archive deposition of the report, finds and records of the site
investigation.
20
5. Nomination of a competent person or persons/organisation to undertake
the programme set-out within the approved WSI.
6)
The development hereby approved shall not be occupied until the road works and
traffic management measures necessary to secure satisfactory access to the site
have been completed in accordance with details having been agreed in writing
previously with the local planning authority.
7)
The development shall not commence until details of wheel cleaning facilities,
temporary access, vehicle parking and turning facilities to be provided during the
construction period, have been submitted to approved in writing by the local planning
authority. These measures shall be implemented as the construction period
commences.
8)
Prior to occupation, the car parking indicated on the approved plan shall be provided
to the full satisfaction of the local planning authority and thereafter kept unobstructed
and available for its intended purpose. Parking areas or driveways must be at least
3.1 metres wide and 6 metres long where in front of house doors or 5.5 metres long
where in front of a garage. The areas shall be maintained and kept available for the
parking of vehicles at all times.
9)
A clear view shall be provided at the junction of site access roads with existing
adopted highway. Its area shall measure 2.4 metres along the centre of the access
and 43 metres in each direction along the edge of the roadway in Ryecroft St. It
must be kept clear of anything higher than 0.6 metre/s above the edge of the
adjoining roadway or access.
10)
During demolition/construction no work (including vehicle and plant movements,
deliveries, loading and unloading) shall take place outside the hours of 07:30 and
18:00 Mondays to Fridays and 08:00 to 13:00 Saturdays. No work shall take place on
Sundays and Bank Holidays.
11)
The dwellings shall not be occupied unless and until the approved scheme of noise
mitigation measures included in the approved Noise Assessment Report Ref
PB2692/L0001/304368/Newc have been implemented in full, and retained thereafter.
12)
The bin storage facilities, indicated on the approved plans, shall be provided prior to
the occupation of any part of the development and thereafter maintained for their
intended purpose at all times.
13)
Development shall not commence until the following information has been submitted
in writing and written permission at each stage has been granted by the Local
Planning Authority.
A preliminary risk assessment to determine the potential for the site to be
contaminated shall be undertaken and approved by the Local Planning Authority.
Prior to any physical site investigation, a methodology shall be approved by the Local
21
Planning Authority. This shall include an assessment to determine the nature and
extent of any contamination affecting the site and the potential for off-site migration.
Where necessary a scheme of remediation to remove any unacceptable risk to
human health, buildings and the environment shall be approved by the Local
Planning Authority prior to implementation.
Any additional or unforeseen
contamination encountered during development shall be notified to the Local
Planning Authority as soon as practicably possible and a remedial scheme to deal
with this approved by the Local Planning Authority. Upon completion of any
approved remediation schemes, and prior to occupation, a completion report
demonstrating that the scheme has been appropriately implemented and the site is
suitable for its intended end use shall be approved in writing by the Local Planning
Authority. The discharge of this planning condition will be given in writing by the
Local Planning Authority on completion of the development and once all information
specified within this condition and other requested information have been provided to
the satisfaction of the Local Planning Authority and occupation/use of the
development shall not commence until this time, unless otherwise agreed by the
Local Planning Authority.
14)
following approved plans: 824 A 001, 824 A 002, 824 A 020 rev. B, 824 A 021 rev. B,
824 A 022 rev. B, 824 A 023 rev. B, 824 A 024 rev. B, 824 A 025 rev. A, 824 A 026
rev. B, 824 A 027, 824 A 040 and the Noise Assessment Report ref.
PB2692/L0001/304368/Newc.
22
23
Photo 1
Photo 2
24
Photo 3
Photo 4
25
Photo 5
Photo 6
26
NOTES:
Randfield Associates take no responsibility for any dimensions obtained by scaling from
this drawing. If no dimension is shown the recipient must ascertain the dimension
specifically from the Architect or by site measurement. Supplying this drawing in digital
form is solely for convenience and no reliance may be placed on digital data. All data
must be checked against hard copy. Dimensions must be checked on site. Any
discrepancies must be reported to the Architect immediately. This drawing is copyright of
Randfield Associates.
APARTMENT 2
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DESCRIPTION:
DATE:
APARTMENT 9
TERRACE
TERRACE
BEDROOM
LOUNGE / DINING
LOUNGE
KITCHEN
STORE
BATHROOM
KITCHEN
DINING
BATHROOM
STORE
KITCHEN
DINING
KITCHEN
LOBBY
LIFT
LOUNGE / DINING
BEDROOM
TERRACE
LOUNGE
TERRACE
PROPOSED CHURCH STREET ELEVATION - FRONT
PROPOSED THIRD FLOOR PLAN
PROPOSED ELEVATION - SIDE
APARTMENT 1
APARTMENT 5
PROPOSED FLEET STREET ELEVATION - REAR
RANDFIELD associates
Saunders : King : Moran
CHARTERED A RCHITECTS
Forge Bank Studio
1a Longhurst Lane Marple Bridge Stockport SK6 5AE
Tel: 0161 427 8485
Fax: 0161 427 5770
e-mail: [email protected]
web: www.randfieldassociates.co.uk
Planning & Design Consultants : Interior Design : Building Inspections & Surveys : Historic & Listed Building Specialists
Client:
Mr P Merrick
Job:
Conversion & Adaptation Of 8 Church Street
Into Apartments
Drawing:
Proposed Plans & Elevations
Date:
Scale:
27
Drawn:
Aug 05
1:100
Dwg No:
Job No:
2588
PJM
Rev:
SK03
-
Application Number
15/00255/FUL
Proposal
Site Location
Demolition of lean to building, alteration of existing
buildings and construction of new extension to form 18
new apartments.
8 Church Street, Ashton
Applicant
Mr P Merrick, 6 Church Street, Ashton
Recommendation
Approve
REPORT
1.0
PROPOSAL
1.1
The application seeks planning permission to demolish the lean-to extension and
convert and extend the remaining building to provide 18no. apartments
comprising12no. one bed and 6no. 12 bed.
1.2
The extension of the remaining building would involve the construction of an
additional floor on top of the existing building and the replacement of the lean-to with
a new three storey building which would be linked integrally with the main building.
1.3
The existing basement under the main building would be opened up as a car parking
area with access taken from Church Street at the ground floor level of the new
building. The basement will provide eight car parking spaces including one disabled
space and three motorbike/cycle spaces.
1.4
Other alterations to the building would be the construction of a number of new
window openings. Otherwise, the new apartments would utilise the existing windows,
including those on the ground floor.
2.0
SITE & SURROUNDINGS
2.1
The existing building is a three storey warehouse with a smaller, lean-to extension. It
is situated between Fleet Street and Church Street in the town centre conservation
area. The building abuts the back of the footway on both streets.
2.2
The area around the site consists of three storey buildings at the rear of the site and
single storey industrial units and a public car park opposite the site fronting Church
Street. There is another two/three storey empty warehouse attached to one side of
the building and a small, private car park on the other.
3.0
PLANNING HISTORY
3.1
06/01019/FUL - Demolition of lean-to building, alteration of existing building and
construction of new extension to form 18 new apartments – Approved 06.12.2006
06/01018/CON - Seek Conservation Area Consent for demolition of lean-to
outbuildings. – Approved 08.12.2006
28
4.0
4.1
4.1.1
Part 1 Policies
1.3 Creating a Cleaner and Greener Environment.
1.5 Following the Principles of Sustainable Development.
1.11 Conserving Built Heritage and Retaining Local Identity.
1.12 Ensuring an Accessible and Safe Environment.
4.1.2
Part 2 Policies
H2 Unallocated Sites.
H7 Mixed Use and Density.
H10 Detailed Design of Housing Developments.
T10 Parking.
C1 Townscape and Urban Form.
C2 Conservation Areas.
C3 Demolition of Unlisted Buildings in Conservation Areas.
C4 Control of Development in or Adjoining Conservation Areas.
4.2
Other Policies
Residential Design SPD
4.3
Parts
2. Ensuring the vitality of town centre
6. Delivering a wide choice of high quality homes
7. Requiring good design
5.0
5.1
16no. Neighbour notification letters were sent out on 24th April 2015.
1no. site notice was erected next to the site on 7th May 2015.
A notice was published in the local newspaper on 7th May 2015.
6.0
6.1
Head of Environmental Services – Environmental Protection has raised no objections
to the proposal subject to conditions being imposed.
6.2
Head of Environmental Services – Highways has raised no objections to the proposal
subject to conditions being imposed.
6.3
GM Archaeological Advisory Service have raised no objections to the proposal.
6.4
United Utilities have raised no objections to the proposal subject to conditions being
imposed.
7.0
7.1
No letters of objection have been received as a result of neighbour notifications.
29
8.0
ANALYSIS
8.1
The principle issues in deciding this application are;
1) Principle of Development
2) Access/Parking
3) Appearance/Scale
4) Layout
5) Sustainability
8.2
Principle of Development
8.2.1
This proposal will refurbish an existing former 19th century cotton mill which is
currently used in part as a warehouse. The owner states that the use of the
premises for retail or commercial purposes is not viable given the nature of the
building and its location. By converting and extending the building for residential use
the proposal will bring the building back into beneficial use and help to revitalise the
area.
8.2.2
The demolition of the lean-to extension will not harm the character of the
conservation area, this unlisted building within the conservation area does not make
a positive contribution to the character and appearance of the area. The demolition
is therefore acceptable and in compliance with UDP Policy C3.
8.2.3
The principle of the development has previously been established in 2006 and there
are no changes in policy which now make the proposal unacceptable.
8.3
Access/Parking
8.3.1
Vehicular and pedestrian access into the building will be off Church Street with only
emergency exit, service doors and the refuse store being accessed off Fleet Street.
8.3.2
The Head of Environmental Services – Highways - satisfied with the proposed
parking arrangements and levels of parking provision which are less than the
requirements of Residential Design SPD Policy RD7 however given the town centre
location, within walking distance of buses, trains and trams as well as all local
amenities, the parking proposed is considered acceptable.
8.4
Appearance/Scale
8.4.1
The proposal carries out substantial internal alterations to the building but retains its
facade. The additional floor created is set back from the frontages and is considered
acceptable in scale having regard to the height of nearby buildings.
8.4.2
The extension is on the part of the site currently occupied by a lean to extension and
will provide a building which whilst modern in appearance, reflects the character of
the existing building, notably in its window details.
8.4.3
The proposal will also introduce a more active frontage to Fleet Street which will
benefit the area.
30
8.4.4
There is no habitable accommodation in the buildings at the rear or front of the site
which will be affected by the proposal.
8.4.5
Overall the design is considered to be in keeping with the Conservation Area subject
to approval of the materials to be used.
8.5
Layout
8.5.1
The proposals utilise the whole of the footprint of the site with only the new extension
being set back from the site frontage to allow visible space between the existing
building and the new extension.
8.5.2
Internally, all the flats conform to the minimum spacing standards set out in
Residential Design SPD Policy RD18 and have all been designed to make best use
of the existing windows.
8.5.3
Only the 4no. third floor apartments have any outdoor space in the form of roof
terraces at the front and rear of the building however as this is a town centre
development, the lack of outdoor space for the remaining apartments is considered
acceptable.
8.6
Sustainability
8.6.1
The existing external bricks walls will be insulated internally to exceed the current
Building Regulations standards. The existing single glazed windows will be replaced
with double glazed units with sound insulating glass and seals on the front elevation
facing the by-pass. The existing building fabric is to be improved to reduce draughts
and reduce heat requirements.
8.6.2
Whole dwelling heat recovery ventilation units are being considered to provide
ventilation and heat recovery for energy conservation. High levels of thermal
insulation and the use of a heat recovery system will reduce the requirement for
heating. High efficiency programmable electric heaters are to be installed to
supplement the recovery system.
8.6.3
Dual flush toilets are to be installed with basins and sinks to have water flow
restrictors fitted. Lighting to common areas will be energy efficient controlled by
automatic sensors with automatic cut out to reduce electric consumption.
9.0
CONCLUSION
9.1
This development will greatly improve the appearance the conservation area. It will
help to revitalise and provide quality accommodation within this part of the town
centre whilst retaining the historical façade.
9.2
The proposal complies with UDP Part 1 Policies 1.3, 1.5, 1.11, 1.12 and Part 2
Policies H2, H7, H10, C1, C2, C3, C4 and the Residential Design SPD.
9.3
A section 106 agreement has been drawn up which makes provision for £14,057.98
of Green Space contributions and £6,688.49 of Education contributions.
31
RECOMMENDATION – Minded to Approve subject to the signing of a S106 agreement.
Conditions
1
2
Samples of all external materials shall be submitted to and approved in writing by the
Local Planning Authority before any work commences. The development shall be
constructed with such approved materials.
3
Prior to occupation, the car parking indicated on the approved plan shall be provided
and thereafter kept unobstructed and available for its intended purpose. The area
shall be maintained and kept available for the parking of vehicles at all times.
4
The development hereby approved shall not be occupied/brought in to use until the
road works and traffic management measures necessary to secure satisfactory
access to the site have been completed in accordance with details having been
agreed in writing previously with the local planning authority. Works to include
formation of new access to car park and resurfacing of footway fronting the site under
s278 Agreement (Highways Act 1980).
5
A clear view shall be provided on each side of any site vehicular access where it
meets the footway. Its area shall measure 2.4 metres along the edge of the site
access and 2.4 metres along the back of footway. It must be kept clear of anything
higher than 600mm above the access.
6
Prior to commencement of work on site the applicant shall undertake a condition and
dilapidations survey of the highway fronting the site and giving access to the site and
prepare and submit a report to the Engineering Operations Manager. The developer
will be responsible for making good any damage caused to the highway by the
development works or by persons working on or delivering to the development. Any
damage caused to the street during the development period shall be reinstated to the
full satisfaction of the Highway Authority prior to the occupation of any part of the
development.
7
The development shall not commence until details of the wheel cleaning facilities,
temporary access, vehicle parking and turning facilities to be provided during the
construction period, has been submitted to and approved in writing by the Local
Planning Authority. These measures shall be implemented and retained in operation
through the duration of the building works.
8
Prior to the commencement of any development, details of the foul drainage scheme
shall be submitted to and approved in writing by the Local Planning Authority. Foul
water shall be drained on a separate system. No building shall be occupied until the
approved foul drainage scheme has been completed to serve that building, in
accordance with the approved details. This development shall be completed
maintained and managed in accordance with the approved details.
9
Prior to the commencement of any development, a surface water drainage scheme
and means of disposal, based on sustainable drainage principles with evidence of an
assessment of the site conditions (inclusive of how the scheme shall be managed
after completion) shall be submitted to and approved in writing by the Local Planning
Authority. The surface water drainage scheme must be restricted to existing runoff
rates and unless otherwise agreed in writing by the Local Planning Authority, no
32
surface water shall discharge to the public sewerage system either directly or
indirectly. The development shall be completed, maintained and managed in
accordance with the approved details.
10 During demolition/construction no work (including vehicle and plant movements,
Sundays and Bank Holidays.
11 Before any development is commenced, a scheme for protecting the proposed
dwellings from traffic noise from Park Parade shall be submitted to and approved in
writing by the Local Planning Authority. The dwellings shall not be brought into use
unless and until the approved scheme has been implemented in full, and it shall be
retained thereafter.
12 All fixed plant and machinery including lifting gear shall be acoustically
treated/designed in accordance with a scheme to be agreed in writing with the Local
Planning Authority. The agreed measures shall be maintained thereafter.
13 The apartments hereby approved shall not be occupied unless and until adequate
facilities for the storage and collection of refuse and recyclable materials have been
physically provided and are available for use.
14 Development shall not commence until the following information has been submitted
Planning Authority.
15 The development hereby approved shall incorporate measures to minimise the risk of
crime and to meet the specific security needs of the application site and the
development. Any security measures to be implemented in compliance with this
condition shall seek to secure the 'Secure by Design' accreditation awarded by the
Greater Manchester Police. Written confirmation of those measures is to be provided
to the Local Planning Authority prior to the occupation of any building.
33
16 The development shall be carried out in accordance with the location plan and
drawing no.s 02, 02, SK02, SK03 received on 18th March 2015.
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35
36
Photo 1
Photo 2
37
Photo 3
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Application Number
15/00419/FUL
Proposal
Variation of condition 03 attached to planning consent
06/00649/FUL and condition 18 attached to planning
consent 02/00045/FUL to reflect changes to vehicle
parking, servicing and storage arrangements on site,
together with variation of condition 01 attached to
planning consent 02/00904/FUL to amend the restriction
on vehicle movements on the site to between 10 pm and 6
am.
Site Location
Delta Works, Delta Road, Audenshaw.
Applicant
Hyde Group Holdings Ltd
Recommendation
Refuse
REPORT
1.0
PROPOSAL
1.1
The application proposes variations to certain conditions attached to three previous
planning approvals on this site. The proposed changes to two of the previous
conditions reflect changes to vehicle parking, servicing and storage arrangements on
the site covered by conditions attached to applications 06/00649/FUL and
02/00045/FUL. A further condition proposed to be amended restricted vehicle
movements within the site imposed by condition 1 attached to planning consent
02/00904/FUL. The original hour restriction was;
" No commercial vehicular movements to, from and/or within the site shall be
permitted between the hours of 6pm and 7am other than forklift truck movements
which shall not take place within the whole site between 10pm and 7am."
1.2
This application seeks permission to vary the hours of vehicle movements to, from
and/or within the site (which is currently conditioned at 6.00pm to 7.00am) from
10.00pm to 6.00am.
1.3
The proposal also includes the removal of a panel from the existing concrete fencing
on Delta Road and replacement by a swipe card barrier/door system for pedestrian
access. A designated HGV parking area will also be provided and marked out to the
south of the site. Together with these proposals there will also be marked out
between pedestrian and vehicle use areas together with remarking of car parking
areas.
2.0
SITE & SURROUNDINGS
2.1
The application site is triangular in shape and an established employment site with
railways running along its western and eastern boundary and Groby Road running
39
2.2
along its southern boundary. Delta Road, a residential street, runs along part of its
western boundary which has pedestrian access to the site
at the end of the cul de sac.
Although the site is bounded by railways (used and disused) on two sides, the site
could be regarded as being in a predominantly residential area with housing to the
south part west and the other side of the disused railway line to the east.
2.3
Whilst there is a pedestrian link to the site off Delta Road, vehicular access is taken
from Groby Road which has residential accommodation on the opposite side to the
site.
3.0
PLANNING HISTORY (Relevant to this planning application)
3.1
02/00045/FUL: Erection of new office and industrial development (demolition of
existing factory). Approved 27th March 2002. Attached to this consent, condition 18
reads; "Prior to bringing the development into use the car parking, servicing and
turning facilities indicated on the approved plan shall be provided and thereafter kept
unobstructed and available for their intended purpose. Vehicles must be able to enter
and leave the site in forward gear at all times."
3.2
02/00904/FUL: Removal of condition 6 on planning consent 02/00045/FUL to permit
vehicular movements to/from or within site of new factory. Approved 1st November
2002 with one condition reading; "No commercial vehicular movements to, from
and/or within the site shall be permitted between the hours of 6pm and 7am other
than forklift truck movements which shall not take place within the whole site between
10pm and 7am."
3.3
06/00649/FUL: Two storey office and store extensions to existing factory and offices.
Approved 23rd June 2006 and attached to the consent condition 3 reads; "The car
parking spaces and repositioned turning area shown on approved drawing number
C12817/05 shall be laid out in accordance with the details shown on that plan and
thereafter kept available at all times for the parking and turning of vehicles in
conjunction with the enlarged premises."
4.0
4.1
4.1.1
Part 1 Policies
1.1 Capturing Quality Jobs for Tameside People
1.9 Maintaining Local Access to Employment and Services
1.12 Ensuring an Accessible, Safe and healthy Environment.
4.1.2
Part 2 Policies
E3 Established Employment Area
40
E5 Local Employment Opportunities and Mixed Uses
E6 Detailed Design of Employment Development
4.2
4.3
National Planning Policy Guidance (NPPG)
5.0
5.1
58no. Neighbour notification letters were sent out on 18th May 2015
6.0
6.1
Head of Environmental Services – Environmental Protection confirms there is an
outstanding noise abatement notice for noise nuisance on Hollygate Fabrication that
is part of the Hyde Group and nearby residents are still contacting TMBC with noise
complaints. Amending the conditions on vehicle movement will have a detrimental
impacted on the nearby residents from noise in the late evening and the early hours
of the morning. Therefore recommend that this planning application is refused.
6.2
Head of Environmental Services – Highways has raised no objections to the proposal
subject to conditions being imposed.
7.0
7.1
Seven letters of objection have been received one of which is anonymous. The
grounds for objection are summarised below: 
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7.2
noise generated from the site when vehicles moving and gates opening and
closing before or around 6.00am disturbs sleep patterns presently. Do not
wish any further disturbance.
possibility of not being able to park outside objectors property depending on
size of vehicle being allowed access to site.
made last few years a nightmare and any change will make situation worse. If
storage area moved nearer then extra noise would be unbearable.
loss of privacy (weekends and evenings to enjoy in peace with family).
chose to live on Delta Road due to it being quiet and closed off. Concerned
safety worries if opened. was opened recently and speed of cars was
excessive.
traffic noise through night not acceptable.
can hear 'work noise' coming from site when doors left open.
restrictions put in place for good reason and are still sound.
40 No. standard letters of objection received on following grounds: -
41
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
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
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changes proposed will have adverse effect to environmental conditions
surrounding site leading to increased noise pollution interrupting lives of
residents adjoining site.
extension to site access will lead to increased vehicular activity in adjoining
roads in the hours when children are actively playing in turn will increase
possibility of incidents.
access point on Groby Road is adjacent to a public footpath with access point
providing residents access to fields and popular with cyclists, dog walkers and
young persons in their recreational hours. Increasing opening times of access
point will increase hazards associated with residents access.
operators on site repeatedly failed to honour given promises to minimise
noise and general impact of their activities to several residents and officers.
residents subject to daily barrage of production noise dust, grinding
hammering, tannoy announcements, and associated noise from operation of
site.
approval of application would make residents life unbearable.
8.0
ANALYSIS
8.1
This application has been submitted to vary several conditions attached to three
separate planning applications which included restricted vehicular movements to the
site and location of parking, servicing and storage arrangements. Whilst the previous
2006 application only related to part of the site, this application relates to the whole
site.
8.2
It has to be noted the application is not to consider the use of the site or operations
carried out within it, but to assess the appropriateness of the revised internal site
layout and increased times for vehicle movements within the site.
8.3
One of the reasons the applicant has given for the submission of this application is in
light of complaints from local residents regarding delivery vehicles attempting to gain
access to the site and having to wait outside the premises until the occupiers of the
site can allow access after 7.00am and reports of incidents where delivery vehicles
park on the main road overnight due to being prevented access after 6,00pm. The
applicant has also confirmed if the variation in hours for accessing the site is granted
then they could be more flexible in respect of allowing authorised access to vehicles
when the existing units on site are occupied rather than causing nuisance to
neighbours and parking on the road. It is noted however, the applicant offers little to
address the issue of noise nuisance experienced by neighbouring properties.
8.4
south of the site which is not catered for previously. Together with these proposals
there will also be marked out areas between pedestrian and vehicle use areas
together with remarking of car parking areas. The applicant has confirmed all this
work is proposed to improve safety for pedestrians and vehicle users; allow for HGV
parking meeting VOSA operators licence; comply with requests from HSE; reduce
noise pollution around site and improve overall look of site to look more professional
to prospective customers attracting manufacturing business to the local area and
increasing employment.
42
8.5
Consideration will now have to be given to the proposed variation of the previous
condition restricting vehicular movements on the site from 6.00pm to 7.00am to be
varied to 10.00pm to 6,00am. It needs to be repeated the restrictive condition only
relates to hours for vehicle movements on the site and not the use of the site which is
unrestricted.
8.6
The planning application reference 02/00904/FUL in imposing such a restrictive
condition, acknowledged noise from HGV traffic would be considerably greater and
have a significant greater impact than from cars and whilst the original condition
restricted all vehicle movements (02/00045/FUL condition 6), the subsequent
application (02/00904/FUL condition 1) restricted only commercial vehicles. It was
also noted at the time, the wording using "no vehicular movements" would prevent
workers using the site and having to park on the road.
8.7
The report also noted UDP policy requires development in employment sites
restricted in order to protect the amenity of residential areas. Whilst UDP policy E6
would support employment development, E6(d) confirms providing there would be no
unacceptable impact on neighbouring properties and residential amenity including
noise and consideration of hours of operation. The report stated, "...whilst it is
reasonable to allow private cars to access the site when necessary, it is not
reasonable to extend this allowance to commercial vehicles".
8.8
Whilst employment development within the borough is encouraged and should is
supported, a balance has to be achieved against possible impact on neighbouring
residential areas. The borough historically has employment sites close to or within
residential areas and this sometimes is the cause friction between the needs,
expectations and requirements of the differing uses.
9.0
CONCLUSION
9.1
It is considered the amended internal layout is acceptable and provides sufficient car
parking and servicing area for the site to operate without any significant impact on
the local highway or local residents and it is noted the Head of Environmental
Services - Highways has no objections. The submitted drawing shows an area for
temporary storage and this is considered to be as far as practicable, the furthest
away such a facility can be provided from neighbouring property. This area is
necessary for part completed materials required to fulfil contracts and the applicant
has confirmed will not be used as a general storage or work area.
9.2
south of the site which is not catered for previously. Together with these proposals
there will also be marked out petition areas between pedestrian and vehicle use
areas together with remarking of car parking areas.
9.3
The applicant has confirmed all this work is proposed to improve safety for
pedestrians and vehicle users; allow for HGV parking meeting VOSA operators
licence; comply with requests from HSE; reduce noise pollution around site and
improve overall look of site to look more professional to prospective customers
attracting manufacturing business to the local area and increasing employment. This
work is also considered acceptable and will assist in the safer use and operation of
the site.
43
9.4
One of the 12 core planning principles laid out in the NPPF at paragraph 17 is to
always seek to secure high quality design and a good standard of amenity for all
existing and future occupants of land and buildings. Whilst some of the objections
refer solely to the operation of the site which is not subject to consideration by this
application, many of the concerns of the local residents regarding vehicle movements
would be relevant if additional hours were allowed for commercial vehicles accessing
the site.
9.5
It is noted the Head of Environmental Services – Environmental Protection has
confirmed previous issues regarding noise nuisance from the site having been
investigated which resulted in the serving of a Noise Abatement Notice and believes
the amendment to the restriction on commercial vehicles to/from and within the site
would only have the potential to worsen the current noise issues residents are
experiencing. On this basis, it is recommended the application is refused.
RECOMMENDATION – Refuse
Reason:
The site is subject to an outstanding noise abatement notice for noise nuisance on an
operator on this site who is part of the applicants group. The Council continue to
receive complaints from nearby residents regarding noise nuisance and it is
considered amending the condition on vehicle movements will have a detrimental
impacted on the nearby residents from noise in the late evening and the early hours
of the morning. The proposal would therefore conflict with the Unitary Development
Plan policy E6(d) and the National Planning Policy Framework.
44
45
Scale 1/1613
46
Date 11/6/2015
Centre = 396873 E 402605 N
47
Application Number
14/00729/FUL
Proposal
Change of use of land to private gardens and retention of
retaining wall with associated changes in levels and
landscaping details.
Site Location
Land bounded by Hart Court/Smith Street/Brooklands
Close, Mossley
Applicant
Seddon Homes Ltd
Recommendation
Approve
REPORT
1.0
PROPOSAL
1.1
The approved drawings submitted with a 2012 planning application for the
redevelopment of this site off Lees Road for housing confirmed a retaining wall was
proposed to the rear of Brooklands Close to the west and continuing along Smith
Street to the south. Whilst the approved drawings identified a retaining wall in this
location, the design, height and ground levels were not made clear.
1.2
This application seeks consent for the retention of part of the 2 - 3 metre high
retaining wall and 1.8 metre timber fencing above, the treatment of the retaining wall,
change of use of the former footpath to private gardens together with the associated
increase of the ground level to the rear of the retaining wall. Since the application
was originally submitted amended drawings have been received which now show the
retaining wall being removed along much of Smith Street and to the rear of properties
21 – 29 Brooklands Close with the gardens of the new plots being graded down. The
existing footpath to the rear of Brooklands Close will be incorporated within the new
plots rear garden area.
2.0
SITE & SURROUNDINGS
2.1
The site forms part of the housing development site to the rear of properties on
Brooklands Close to the west and continues along part of the southern boundary of
the development site abutting Smith Street which is an un-adopted road. The site is
within a residential area and is accessed via Lees Road to the east.
2.2
A footpath used to run between the housing site and the rear of properties on
Brooklands Close but prior to commencement of the approved housing development,
this section of footpath has been closed. The Head of Environmental Services Highways has confirmed this footpath is not recorded as a statutory right of way.
48
3.0
PLANNING HISTORY
3.1
The site has been subject to two planning applications reference 06/01864/FUL for
22 family homes and 3 additional houses (as an amendment to 05/00473/FUL) and
07/01634/FUL for 53 apartments. Both these applications were approved on 31st
March 2009.
3.2
The application site forms part of a larger development site granted consent on 31st
July 2013 for 43 houses under reference 12/01025/FUL. This development is
currently under construction.
3.3
Planning application 14/00707/FUL proposed the partial re-plan of the approved
residential development reference 12/01025/FUL to add 2 additional dwellings and
the inclusion of a new house type. This application was approved at Speakers Panel
on 27th May 2015.
4.0
4.1
4.2
This is intended to compliment the NPPF and to provide a single resource for
reference will be made to the NPPG or other national advice in the analysis section
of the report where appropriate.
4.3
4.3.1
Part 1 Policies
1.12 Ensuring an Accessible, Safe and Healthy Environment
4.3.2
C1 Townscape and Urban Form
H10 Detailed Design of Housing
4.4
Supplementary Planning Documents
5.0
5.1
19No. Neighbour notification letters sent out on the 8th August 2014 and again both
on 20th January 2015 and 21st May 2015 following amended plans.
5.0
5.1
Head of Environmental Services - Highways has no objections and confirms the
footpath is not listed as a definitive right of way.
49
6.0
6.1
Prior to the application being submitted in 2014, there had been several preapplication meetings with the applicant who also carried out several public meetings
with local residents particularly those living on Brooklands Close. The application was
submitted on the basis the applicants believed they had the general support of
several local residents.
6.2
These meetings resulted in two e-mails being received from representatives of local
residents following resident meetings which included a representative from the
developers. One e-mail dated 7th August 2014 raised the following;
-
Big concern existing properties on Brooklands Close will be overlooked.
Houses to the rear will be three storey.
Feeling residents given little choice in matter.
Drop wall by 3 rows from number 19 Brooklands Close.
Who owns the wall and the responsibility for maintenance?
Will fence above wall withstand strong winds?
General agreement if wall is dropped 3 rows, 19 to 29 Brooklands Close will
go with solid fencing above wall rather than lattice.
All in agreement footpath closed and added to existing gardens.
Need confirmation developer paying all legal costs.
Is developer paying for full length of fencing?
Who is liable for any damage to gardens/property?
6.3
The second e-mail dated 19th August 2014 included eight of the twelve residents
present confirming they were happy to keep the wall and fence above but insist on
confirmation on the status of the cancellation of the proposed footpath between the
development and Brooklands Close. One resident is concerned about being given
the rear of the fence to look at and agrees must have the face side suggesting
double boarding as a possible solution. The general view of the residents was that
the wall should be lowered considerably but preferably removed.
6.4
Another resident has only recently purchased her property and was not advised of
the development. Whilst she can see the logic of the wall and fence for privacy she
has concerns over build height of the new properties. This view is shared by two
other neighbours who confirm until this matter is resolved, a decision on the retaining
wall or fence cannot be finalised. A further two residents also express concerns over
the height of the un-built houses and impact on privacy.
6.5
A local resident has submitted a response to the application and attached several
photographs. The e-mail refers to residents objections to the height of the wall being
raised in February and several meetings involving residents, Council officers and the
applicants. Still alarmed at the scale of this building development. Initial concerns
were raised about the height of the wall and fence on top, concerned about the
impact of the significantly raised ground level with the result that the houses on the
development will overlook Brooklands Close. The resident asks for the following
issues to be addressed;
50
1)
2)
3)
4)
5)
6)
7)
6.6
The planning application clearly shows that this development is being built on
contaminated land. The Council must have been aware that there would be
very considerable ground works to raise the ground level above the
contaminated land.
Can confirmation be given that applicants were given permission to build the
retaining wall at the height it stands and also the very considerable ground
works involved. Residents are being asked for comments but need to identify
what they are being asked to comment on.
This wall is constructed from concrete gridlock - this type of wall is usually
seen along a motorway.
Loss of natural light, impact on outlook and sense of wellbeing.
Policy distance requirement
Proposal to close footpath and land be brought into gardens/communal
garden.
House has very depressing outlook, lack of natural light and asks who will
compensate for any potential loss of revenue from house sale and stress
caused by this issue. Will affect value of house and make it difficult to sell.
Refers to three separate viewers who expressed concenrs about the rear of
the house and so had no further interest.
A follow up letter of objection from another resident raises the following issues;
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
Concerned about potential in the future for someone to request the footpath
be reinstated. Is there a timetable for such application to be made and who
would be responsible for the re-instatement and maintenance?
Who owns land?
Any planning regulations in relation to building over culvert?
When was original planning permission for the wall passed?
Will there be a separate planning application to extend wall?
Is the style of wall appropriate to a residential setting and its proximity to
properties on Brooklands Close?
Object to development overlooking properties and resultant loss of privacy
and overlooking.
Wording of development is ambiguous.
Over 70 metres of the retaining wall built without permission and severity and
impact has to be seen by anyone involved in evaluating this application.
Impossible to believe a builder has been allowed to build such an outrageous
construction only 11 metres from existing houses.
Photographs are attached showing original and existing ground levels of the
site. Development will make living in houses oppressive .
Shortfall in privacy distances noted in 2012 report considered this acceptable.
However 2 metre shortfall is significant.
Permission should not be granted and developer should reduce ground levels
and wall reduce in height.
Shocking impact and fact planning was not in place for work has been
acknowledged by TMBC yet little has been done.
The style of the wall is entirely unsuitable for its residential setting.
51
15)
16)
17)
Believe retaining wall and wooden fence will reach a combined height of over
4.5 metres. Property is approximately 5 metres high. This enormous concrete
wall and fence with be just 11 metres from patio doors of lounge and upstairs
bedroom. Towering above this will be new three storey houses and when
sitting in rooms sky will no longer be visible and daylight severely limited.
Application involves closure of footpath which has been in active use for over
20 years. No application made for its closure and TMBC confirmed if
objections received path would need to be opened. Offer of land used to gain
agreement from residents.
No BRE daylight and sunlight test carried
6.7
Residents are concerned that any change of land, wall or fence height would result in
major privacy issues with the majority of residents on Brooklands Close now
agreeing with this. Confirm it is imperative that a change of wall height and land
without a change in building height is not agreed.
6.8
Since the earlier consultation letters being sent out and the questionnaire exercise
carried out by the applicants, a further exercise was carried out by residents and
resulted in nine objections the conclusion of this was the majority requested the wall
be removed.
6.9
A property owner on Smith Street objects to the proposal and is concerned the wall
will not continue behind their property but the land will be left. Expresses concern the
land will need to be retained in some form and what measures have been made for
the surface and land drainage to prevent egress into their building. Property has
already sustained damage to rear wall. Since development, have had trouble with
land and water issues with building flooded twice. If land not being reduced to 2006
levels, insist on a retaining wall with proper drainage system installing to the rear of
premises to relieve the pressure on our building.
6.10
A letter (e-mail) has been received confirming relief that the retaining to the rear of 23
to 29 was coming down and confirms this is already being carried out.
6.11
Requested the existing stone wall along part of Smith Street is retained rather than
replaced by a concrete wall as currently under construction. Do not think it is
appropriate or in keeping if wall is planted but should be clad in stone if not
constructed in this material.
6.12
Two neighbours have requested further clarification before a response can be given
being confused about the four different section drawings but one has since confirmed
the wall has been removed but asks the questions as to who is responsible for
replacing the fence which is now the boundary; heard back gardens would be sloped
and boundary will be our fence but nothing in writing; do applicants intend removing
fence at bottom of garden and replacing it with one to become new boundary?
52
7.0
ANALYSIS
7.1
Following the change in plans confirming the applicant now proposes to remove the
wall
7.2
The principle of the housing development has already been accepted under the 2012
consent and also the principle of a retaining wall along the western and part of the
southern boundary of the site.
7.3
This application is now seeking approval for the detail of the retaining wall and the
increase in height of the development sites ground level abutting the section of
retaining wall to remain, together with the change of use of the footpath to private
gardens for the individual houses proposed under planning reference 12/01025/FUL.
7.4
The development includes the proposed change of use of the existing footpath to the
rear of properties on Brooklands Close to private gardens. The land is within the
ownership of the developer and the footpath is not a statutory right of way, as
confirmed by the Head of Environmental Services - Highways. Although there is the
potential for someone to apply for the route to be opened up, it is considered the best
use of the land would be for it to extend the neighbouring gardens. Therefore this
part of the proposal is considered acceptable with the developer confirming residents
legal costs in handing the land over will be met by the developer.
7.5
The requirement for the retaining wall resulted from the land to the rear being
increased in height to provide level garden areas for the proposed new houses.
However, following the latest amended plans, the properties who would be most
affected by the retaining wall, 19 – 29 Brooklands Close, will have the retaining wall
removed and the rear gardens to the new plots will be graded down.
7.6
The 2012 planning consent for the redevelopment of the site for a housing
development referred to a retaining wall on the approved plans and although no
details of the wall were submitted, it was accepted at that time there would be
alterations to existing land levels on the periphery of the site. The initial cross
sections submitted with this application showed the levels of the development site to
be slightly higher than both the original ground level and the increased levels
approved on the previous housing development schemes of 2006 and 2007.
7.7
Whilst the applicant has confirmed the change in land levels has resulted from
providing the proposed housing plots with level rear gardens and hence the
requirement for the retaining wall, an increase in the original ground levels where the
new housing development is currently being constructed, has previously been
granted consent in 2006 and again in 2007.
8.0
CONCLUSION
8.1
It is accepted the removal of the retaining wall to the rear of properties 21 – 29
Brooklands Close is significant and addresses the issue and objections local
residents had to the original proposal.
8.2
It is considered with the reduction in levels previously accepted together with the
requirement to agree both the finish of the retaining wall and detail of the boundary
fencing above with existing neighbours, the proposal is acceptable.
53
RECOMMENDATION – Approve
1.
The development shall be completed in accordance with the amended drawings
dated 30th April 2015.
2.
Within 1 month from the date of this decision full details of how the retaining wall
shall be finished/treated together with details of the rear garden boundary treatment
to plot numbers 23 to 31 shall be submitted to and approved in writing by the Local
Planning Authority. The wall and rear boundary treatment shall then be constructed
out in accordance with these details.
54
Scale 1/1250
55
Date 11/6/2015
Centre = 394086 E 394850 N
Photo 1
Photo 2
56
Photo 3
Photo 4
57
Scale 1/522
58
Date 11/6/2015
Centre = 394048 E 394852 N
NOTES:
This drawing must be read with and checked against any structural or
other specialist drawings provided.
The Contractor is to comply in all respects with the current building
regulations whether or not specifically stated on these drawings.
No dimensions are to be scaled from these drawings, all dimensions
tobe checked before wok commences and discrepancy to be reported.
Before work commences - ensure all planning conditions & building
reg. conditions have been resolved to the satisfaction of the L.P.A.
All works to comply with the workmanship clauses in BS8000 series
and be in full compliance with the Building Regulations.
Contractor is to notify Building Control at the appropriate stages in
construction - necessary to determine statutory compliance.
All walls, fences, hedges, etc. shown are assumed to be the legal
boundaries, and should be checked and confirmed by the client
prior to commencement of work.
D P C in all cills heads and reveals of openings.
All structural timber to be stress grade C16 & double vacuum preservative
treated with preservative to B.S. 5268 part 5: 1977 or B.S. 5589: 1978.
(floorboards/chipboard)
Notching / formation of holes in structural timbers only to be undertaken
in accordance with attached detail sheet. (No notching of roof timbers or
floor trimmer beams is permitted)
Excavate all top soil and contaminated fill material from under floor slabs
and back fill with stone & dust (MOT) in 150 max. layers.
New trussed rafters to be designed and braced in accordance with
BS5268 pt. 3 - calculations to be provided for Building Control approval.
Water tanks & pipes in lofts to be fully insulated to prevent freezing.
All new brickwork bonded to existing. and all cavities to be maintained,
alternatively use proprietary bolted starter anchor system together with
insulated v.d.p.c. (in strict accordance with manufacturers recommendations.
All return corners to be min. 550mm unless otherwise indicated.
Cavities closed at top with incombustible material manufactured to
prevent cold bridging.
Roof & floor timbers to be anchored to walls at ends and sides with
32mm x 6.5mm m.s. straps at 2M cs. (see detail)
Timber ground floor to have underfloor ventilation with air bricks
ducted through cavity wall at 1.5M cs. (with cavity tray).
Any drains under building encased in 150mm concrete.
Foundations within 1M of drain to be taken down to invert level of
drain. R.C. Lintels over drains passing through walls.
Steelwork to B.S. 5950 and 1/2 hour fire protected with 2 layers
12.5mm plasterboard and skim.
Habitable rooms to have ventilation openings of more than 30%,
otherwise 1/10 of floor area with background ventilation to equal
8000 mm².
Kitchen to have mechanical extract ventilation capable of extracting at a
rate not less than 60 litres per second which may be operated
intermittently and trickle vent not less than 8000 mm².
Bathrooms to have mechanical extract ventilation capable of extracting
at a rate not less than 15 litres per second which may be operated
intermittently.
Toilets to have ventilation openings at least 1/20th floor area of room
with some parts of opening at least 1.75M above the floor or
mechanical extract ventilation, capable of extracting air at a rate not
less than 6 litres/sec. which may be operated intermittently
with 15 minutes overrun.
Sink, w.b., bath and shower to have 75mm deep re-seal anti-vac trap.
Sink, bath and shower to have 38mm waste pipes, w.b. to have
32mm waste pipes, combined waste to be 50mm.
c The copyright of this drawing is vested in Pinder Dawson Associates
and must not be copied or reproduced without their written permission.
A
Date
Revisions
Block Plan 1:1250
Client
MR J MULHEARN
Job Title
MIL
L
LAN
E
SCALE 1 : 500
PROPOSED MAINTENANCE BUILDING
FOR FAIRGROUND APPLIANCES ETC.
AT FAIRHAVEN CARAVAN PARK
MILL LANE
HYDE
TAMESIDE
Drawing Title
PLANS
ELEVATIONS
SECTION
Proposed
maintenance
building
Scale
Dwg. No./CAD Ref.
1 : 200
(s h
own
dot
ted
)
Date
59
RI V E
R T
AME
AUG 2014
0420/14
Drawn by
TD
PINDER DAWSON ASSOCIATES
BUILDING DESIGN
FAIRFIELD WAY WESHAM
PRESTON PR4 3EP
TEL. 07732783627
[email protected]
Application Number
14/00854/FUL
Proposal
Erection of maintenance building
Site Location
Fairhaven Caravan Park, Mill Lane, Hyde
Applicant
Mr Joe Mulhearn
Recommendation
Approve
REPORT
1.0
PROPOSAL
1.1
The application seeks planning permission for the erection of an industrial unit that
would be used as a maintenance building. The industrial unit would measure 25m x
15m and be erected with a pitch roof with the height to the ridge being 5.8m. The
proposed materials include steel profiled sheets.
1.2
The industrial unit would be erected within the grounds of Fairhaven Caravan Park
close to the site entrance off Mill Lane.
2.0
SITE & SURROUNDINGS
2.1
The application site is located off Mill Lane, Hyde, close to the boundary with Denton.
Situated to the west of the site is United Utilities Hyde Water Treatment Works. The
River Tame runs along the bottom of the Caravan Park to the south of the caravans.
A large industrial estate split into various industrial related uses is situated behind a
bank of trees to the east and north-east of the site and a large recreational piece of
land that is used for football is situated north of the Caravan Park.
3.0
PLANNING HISTORY
3.1
1959 - Temporary planning permission was granted for the use of the
application site to be used as a caravan park.
3.2
1970 - Temporary planning permission was renewed.
3.3
1977 – Permanent planning permission was granted for the use of the site as
a Caravan Park.
3.4
1999 – Planning Permission granted for the Erection of one bungalow/site
office.
60
3.5
2001 – Planning Application for flood prevention works plus an extension to
the caravan park (part retrospective) was withdrawn under Article 36 (13) (a)
DMPO 2010.
3.6
2009 – Planning Permission granted for the replacement of four park homes
(retrospective).
3.7
2009 – Planning Permission granted for the extension of Caravan no. 9
(retrospective).
3.8
2009 – Planning Permission granted for the replacement of four park homes
(re-submission).
4.0
4.1
The site is allocated as Green Belt within the adopted UDP.
4.2
4.3
4.4
4.4.1
Part 2 Policies
C1
Townscape and Urban Form
OL1 Protection of the Green Belt
OL2 Existing Buildings in the Green Belt
5.0
5.1
2 No. Site Notices erected next to the site on Mill Lane.
6.0
6.1
Head of Environmental Services - Environmental Protection has no objections.
6.2
Head of Environmental Services - Highways has no objections.
61
7.0
7.1
No comments received.
8.0
ANALYSIS
8.1
The principle issues in deciding this application are:
1) Appropriateness of development within the Green Belt.
2) Design.
8.2
The site is located within the green belt where inappropriate new developments are
normally resisted unless very special circumstances can be demonstrated to
outweigh the presumption against development.
8.3
Policies OL1 and OL2 of the UDP derive from Planning Policy Guidance Note 2
'Green Belt' which was superseded in 2012 by the National Planning Policy
Framework. The NPPF indicates that inappropriate development is, by definition,
harmful to the Green Belt and should not be approved except in very special
circumstances. The Framework affirms that very special circumstances will not exist
unless the potential harm to the Green Belt, by reason of inappropriateness and any
other harm, is clearly outweighed by other considerations.
8.4
By definition the proposed development is considered to be 'inappropriate
development' therefore the applicants are required to demonstrate 'very special
circumstances' to justify the proposed development.
8.5
Paragraph 80 of the NPPF sets out the five purposes of Green Belt namely:





To check the unrestricted sprawl of large built-up areas;
To prevent neighbouring towns merging into one another;
To assist in safeguarding the countryside from encroachment;
To preserve the setting and special character of historic towns; and
To assist in urban regeneration, by encouraging the recycling of derelict and
other urban land.
8.6
The application proposal is not considered as representing unrestricted sprawl as the
site is already enclosed with high boundary walls and is similar to a ‘gated
community’. The area where the proposed industrial unit would be located is already
used throughout the year for storage of fairground rides and large parts required for
repairs. These are already contained in containers which have been in situ for a
number of years. The remaining area is used as open storage.
8.7
Given the characteristics of the site, being relatively self-contained and having a clear
and defensible boundary, the proposed industrial unit would have no effect on the
towns of Hyde and Denton merging together.
8.8
The proposed industrial unit would encroach into the countryside given its scale and
location, although over 90% of the site would remain in open land uses. The impact
62
of encroachment on the countryside would be mitigated to some extent by the lesser
need for open storage of fairground rides, the removal of the self-contained steel
storage containers and the parking of trailers which would be moved to inside the
unit.
8.9
It is not considered the proposed location of the industrial unit would affect the setting
and special character of the historic towns.
8.10
The existing Caravan Park may also contribute towards urban regeneration, by
encouraging the recycling of derelict and other urban land in addition to improving the
visual appearance of the land and its surroundings by removing unsightly shipping
containers and requirement for outside storage of fairground rides.
8.11
For the above-mentioned reasons, it is not considered the erection of the industrial
unit would conflict with the five purposes of the Green Belt.
9.0
CONCLUSION
9.1
Whilst the siting of a large industrial unit within the Green Belt would not generally be
encouraged, however, in this instance, it is not considered the proposal would conflict
with the primary purposes of the Green Belt.
9.2
By definition, new development in the Green Belt is considered to be ‘inappropriate
development’, and therefore the applicants are required to demonstrate 'very special
circumstances' to justify the proposed development.
The ‘very special’
circumstances put forward relate to improvements to visual amenity and improving
the openness of the Green Belt.
9.3
The removal of the shipping containers on the Mill Lane frontage, which in visual
amenity terms are unsightly and highly visible, would vastly improve the visual
appearance of the site and this in itself can be considered as improving the
character, appearance and openness of the Green Belt.
9.4
The industrial unit would also allow storage of fairground rides to be inside the
industrial unit, rather than the current position in the open air at the frontage of the
site, thus further improving the visual appearance of the site and increasing the
openness of the Green Belt.
9.5
For the above-mentioned reasons the application is recommended for approval with
a condition recommended requiring the removal from the site of all the shipping
containers within one month of the development being completed.
RECOMMENDATION – APPROVE subject to the following conditions
1.
2.
Within one month from the date of this permission, the existing shipping/storage
containers shall be removed from the site.
3.
The building shall be used solely for maintenance and storage.
63
4.
Planning Authority.
5.
The development shall be carried out in accordance with the approved drawing
numbered 0420/14 dated Aug 2014 together with the Planning Statement referenced
LH/0483/Dawson received on the 7th October 2014.
64
65
Photo 1
Photo 2
66
Photo 3
Photo 4
67
Photo 5
68
Notes
The Contractor is to check all dimensions and conditions on
site before commencing. Do not scale from this drawing.
This drawing remains the copyright of POZZONI LLP.
Scale Bars
41
Approximate line of
terracing in
neighbour's garden
TO BE USED ONLY AS GUIDANCE
1:100
mm
1:200
mm
1:500
M
1:1250
M
1000
3000
5000
5
5000
8000
15
10
25
30
50
70
Site Layout Key
Existing Trees/Shrubs To Be
Removed
Existing Trees
Retain existing
access to No 41
Bin day
collection point
for Plots 1&4
0002
125.99
Plot 2
Bin
Store
Plot 3
Bin
Store
Shared surface
Existing Shrubs
Sleeper retaining
structure to retain
shared surface
Proposed Shrubs/Planting
Indicative Proposed Trees
Garden Shed
Shed to house sufficient cycles and
provide sufficient storage to satisfy Code
for Sustainable Homes ENE 8.
Plot 4
Shared surface
Rotary Drier
Rotary dryer to satisfy Code for Sustainable
Homes ENE 4
Plot 4
Wheelie Bins
Bins for waste and recycling (numbers
assumed). Recycling provision is sufficient to
satisfy Code for Sustainable Homes ENE 4
Shared road surface
Plot 1
Plot 1
Plot 2
Plot 2
Plot 3
All Driveways to be PCC block paviours laid in
Herrringbone pattern.
Plot 3
Concrete paving to patios and circulation
Grassed areas
AA
106
LP
Plot 1
Plot 2
Plot 3
Plot 4
002A
127.74
Client
New Charter
Waverley Road, Hyde
Drawing
0003
127.94
Configuration of houses changed
from 2x2 semis to 4 terraces in
response to neighbours concerns.
Rev
Description
Job
40
A
SRW 28/04/15
By
Date
Proposed Site Layout
Metres
5
10
15
20
1 : 200
SRW
Rev
@ A2
Feasibility
Tender
Construction
Design
Contract
As Built
25
16 Bowling Green Lane
London
EC1R 0BD
2 Woodville Road
Altrincham
WA14 2FH
020 787 0079
[email protected]
P:\MCAD\3601-3650\3604\Design\CAD\Models\P3604 Site.rvt
28/04/2015 15:59:13
69
A
Approved
-
Scale
23.09.14
2D CoOrd
Drg. No.
3604 - 101
Project Status 3D CoOrd
0004
128.85
Date
BB
106
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Notes
Scale Bars
1:100
mm
1:200
mm
1:500
M
1:1250
M
1000
3000
5000
5000
8000
5
15
10
25
30
50
70
Materials:
Plot 4
Plot 3
Plot 2
Facing Brickwork - Pale/Buff Brick TBC
with coloured feature panel betweeen front
door and front kitchen window to be a
different colour for each house.
Plot 1
Canopy - Pressed Metal
Windows - Grey U-pvc
step in roof
Rainwater Goods - Black U-pvc
Fascias - Eurocell, Black U-pvc
WP Plots 3&4
ref.Datum 5625
ridge
Soffit - Eurocell, White U-pvc
WP Plots 1&2
5175 ref.Datum
Roof - Tiles - Thin Edged Slate Effect Tile
in Grey
ridge
Door - Secured by Design Compliant
FF Plots 3&4
ref.Datum 3150
Front: Composite doorset by PDS or
Equivalent with glazed side panels, side
panel to be acid etched, door to have
viewing hole
FF Plots 1&2
2700 ref.Datum
Rear: Composite Doorset by PDS or
Equivalent with 3 glazed panels
ref.Datum
GF Plots 3&4
450
GF Plots 1&2
0 ref.Datum
Gross Building Area
Dwelling Type
2B/5P House
Roof Plan
Front Elevation
1 : 100
1 : 100
Plot 1
Plot 2
Plot 3
Area
79 m²
Plot 4
First Floor
Rear Elevation
1 : 100
1 : 100
Plot 4
Plot 3
Plot 2
Plot 1
Bathroom window obscure glazing
Bathroom window obscure glazing
Waverley Road, Hyde
Side Elevation - Plot 4
1 : 100
1 : 100
12/01/15
1 : 100
SRW
Rev
Drg. No.
Side Elevation - Plot 1
P3604 - 103
1 : 100
Date
Ground Floor
GA Plans and Elevations
@ A1
Feasibility
Tender
Construction
Design
Contract
As Built
London House
115 Golden Lane
London
EC1Y 0TJ
Woodville House
2 Woodville Road
Altrincham
WA14 2FH
+44 202 787 0079
[email protected]
70
A
Approved
UP
Scale
UP
2D CoOrd
UP
New Charter
Drawing
UP
Client
Houses reconfigured into one
SRW 28/04/15
terraced row of 4 rather than 2 pairs
of semis.
Rev
Description
By
Date
Job
A
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P:\MCAD\3601-3650\3604\Design\CAD\Models\P3604 - 2b4p Semi Detached House - Terrace Row.rvt
28/04/2015 15:54:45
The Contractor is to check all dimensions and
conditions on site before commencing. Do not
scale from this drawing.
This drawing remains the copyright of
POZZONI LLP.
View of Approach to Houses
View of Front Elevation
Drg. No.
16.01.15
Scale
-
Artist's Impression
3604 - 104
71
2D CoOrd
@ A3
GG
Approved by
Date
Configuration of houses SRW 28/04/15
changed from 2x2 semis
to 4 terraces in response
to neighbours concerns.
Rev
Description
By
Date
3D CoOrd
A
Rev Project Status
Client
Waverley Road, Hyde
Drawing
New Charter
Job
Detail panel of coloured glazed brick to be incorporated between the front door
and kitchen window, each house to have a different colour TBC.
Feasibility
Tender
Construction
Design
Contract
As Built
A
London
EC1R 0BD
020 787 0079
[email protected]
2 Woodville Road
Altrincham
WA14 2FH
0161 928 7848
www.pozzoni.co.uk
Notes
Refer to drawing P3604-101
Proposed Site Layout for
location of section lines
Scale Bars
1:100
mm
1:200
mm
1:500
M
1:1250
M
1000
3000
5000
5
5000
8000
15
10
25
30
50
70
138.120 - Ridge Level (from
Survey) of 36 & 38
Laburnum Ave
135.560 - Eaves Level (from
Survey) of 36 & 38 Laburnum Ave
15.3 m
Estimated FFL - First Floor
rear outrigger/
conservatory
Internal floor
levels calculated
from cursory
information e.g.
photographs
Estimated FFL - Ground Floor
Topography
from Survey
36 & 38
Laburnum Ave
Proposed
Terraces - Plot 1
Proposed
Terraces - Plot 2
Proposed
Terraces - Plot 3
Proposed
Terraces - Plot 4
Site Section AA
1 : 100
Proposed
Terraces - Plot 2
Proposed
Terraces - Plot 3
Proposed
Terraces - Plot 4
10 Lilac Avenue
Estimated FFL - Ground Floor
Client
Job
24/04/15
-
1 : 100
SRW
Rev
3604 - 106
@ A2
Feasibility
Tender
Construction
Design
Contract
As Built
Garden outbuilding belonging
to 10 Lilac Avenue
Site Section BB
London
EC1R 0BD
1 : 100
2 Woodville Road
Altrincham
WA14 2FH
020 787 0079
[email protected]
P:\MCAD\3601-3650\3604\Design\CAD\Models\P3604 Site.rvt
28/04/2015 15:30:42
Date
Approved
2.4 m
Topography
from Survey
133.180 Eaves Level of kitchen
extension(from Survey) of Lilac Ave
Scale
15.5 m
Internal floor
levels calculated
from cursory
information e.g.
photographs
By
Site Sections
2D CoOrd
Estimated FFL - First Floor
Drawing
Approx. location
of window in
kitchen extension
Waverley Road, Hyde
Drg. No.
135.850 Eaves Level (from Survey)
of Lilac Ave
Description
New Charter
Date
Lean-to roof of
extension slopes
towards main house
Rev
138.080 Ridge Level (from Survey)
of Lilac Ave
72
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Application Number
15/00083/FUL
Proposal
Erection of 4 two storey dwelling houses
Site Location
Land off Waverley Road, Hyde
Applicant
Cavendish Property Developments
Recommendation
Approve
REPORT
1.0
PROPOSAL
1.1
The application as originally submitted proposed the erection of 4 two storey
residential units comprising 2 pairs of semi-detached properties. The application was
subsequently amended to a single terraced row of 4 properties. Each property has a
kitchen, dining/lounge and toilet at ground floor level with 2 bedrooms and a
bathroom above. The external materials proposed consist of pale or buff coloured
brick with feature coloured panels between the front door and ground floor window. A
slate effect tile in grey is proposed for the roof.
1.2
There are 2 No. car parking spaces to the front of each property and an enclosed
garden area to the rear. The properties at Plots 2 and 3 have an enclosed purpose
built bin storage area which is situated off the shared access way to the front of the
properties. Bin storage for plots 1 and 4 is within their side garden areas. The
proposed boundary treatment comprises a mix of close boarded fencing and low
brick walls with railings above.
1.3
The proposed means of access into the site is from Waverley Road. The new access
road will be designed as a shared access between cars and pedestrians. The access
will also serve the existing footpath which links Waverley Road with Lilac Avenue and
will run adjacent to the boundary with Plot 1.
1.4
The application is accompanied by the following supporting documentation:
Ecological Survey and Assessment, Design and Access Statement, Phase 1 Desktop
Study, Phase 2 Site Investigation, Crime Impact Statement, Gas Assessment and
Tree Survey.
2.0
SITE & SURROUNDINGS
2.1
The application sites relates to a parcel of land situated on the south side of
Waverley Road, Hyde. It is currently occupied by several garages, open land, trees
and scrub vegetation.
2.2
The site is bounded to the east and west by the side and rear boundaries of
residential properties fronting onto Waverley Road, Lilac Avenue, Laburnum Avenue
and Woodfield Mews. There is an unsurfaced footpath link through the site running
from north to south linking Waverley Road with Lilac Avenue. Vehicular access into
the site is from Waverley Road. The site lies within a predominately residential area.
73
3.0
PLANNING HISTORY
3.1
There is no relevant planning history relating to the application site.
4.0
4.1
4.2
4.3
Part 1 Policies
Ensuring an Accessible, Safe and Healthy Environment
Part 2 Policies
C1
Townscape and Urban Form
H2
Unallocated Sites
H4
Type, Size and Affordability of Dwellings
H10 Detailed design of Housing Developments
MW11 Contaminated Land
T1
Highway Improvement and Traffic Management
T10
Parking
N5
Trees within Development Sites
N7
Protected Species
4.4
Supplementary Planning Documents
5.0
5.1
12 Neighbour notification letters sent out on the 5th February 2015
12 No. Neighbour notification letters sent out for amended plans on the 29th April
2015.
5.0
5.1
Head of Environmental Services - Environmental Protection - Comments awaited
and will be reported verbally to Members.
5.2
Head of Environmental Services - Highways has no objections subject to conditions
regarding vehicular access, road works and parking requirements.
74
5.3
United Utilities - No objection in principle to the proposed development, subject to
conditions relating to drainage.
5.4
Greater Manchester Ecology Unit (GMEU) – Comments awaited and will be reported
verbally to Members.
5.5
Arboricultural Officer - The trees to be removed are relatively low value (Cat C) or in
the case of T17 (Cat B Birch) poorly rooted in an old garage base. The trees to be
retained, particularly the Category B Sycamore adjacent to the site entrance, should
be protected to BS5837 during development.
6.0
6.1
6 No. letters of objection have been received objecting to the proposal raising
concerns about the design of the proposed new houses and 10 Lilac Avenue and 38
Laburnum Avenue being overlooked by a shortfall in privacy distances and
overshadowing of garden area. In addition issues relating to noise and disturbance
during the construction period, impact on highway safety, increase in congestion on
Waverley Road which is also a bus route, loss of trees and greenspace and impact
on wildlife have also been raised.
7.0
ANALYSIS
7.1
The principle issues in deciding this application are:
1) Principle of Development
2) Design
3) Residential Amenity
4) Highway and Pedestrian Safety
7.2
Principle of Development
7.3
The NPPF at paragraph 49 requires applications to be considered in the context of
the presumption in favour of sustainable development. The framework sets out three
dimensions to sustainable development which are an economic role, a social role
and an environmental role. It is considered the NPPF would support further
residential development of this site given its sustainable location and the
regeneration of a previously developed site.
7.4
The development of small sites such as this which are not specifically identified for
residential use, known as 'windfall' sites, are considered to make a positive
contribution to the Borough's housing land requirement.
7.5
Design
7.6
With regard to its detailed design, UDP Policy H10 provides criteria to be met when
considering the detail of housing developments including a design which meets the
needs of the potential occupiers, provides an attractive, convenient and safe
environment for the local community, and complements or enhances the character
and appearance of the surrounding area.
7.7
The character of an area is made up from a number of elements including
townscape, landscape, and detailed design and building materials. Having regard to
75
local character in designing layouts, landscaping/open space and the scale and
massing of dwellings helps create developments that fit into the existing environment.
7.8
Policy C1 promotes good urban design and the relationship between buildings and
their settings is given particular attention in the design of any proposal for
development.
7.9
This is further supported by Policy RD2 of the Residential Design SPD which states
that proposals for new development should be designed with an understanding of the
character and identity of a place, acknowledging the elements (buildings, features
and spaces) that have shaped it and applying a respectful design that compliments
or enhances it.
7.10
In terms of its detailed design, the size and scale of the proposed development being
some two stories in height is considered to be in keeping with that of adjoining
properties and as a result the proposal would not have any undue impact on the
street scene or character of the surrounding area.
7.11
Whilst it accepted that the modern design of the proposed dwellings together with the
choice of materials does not directly align with the surrounding area, given the
location of the dwellings set back some distance from Waverley Road and adjoining
properties this is not considered to be an issue in this particular instance.
7.12
Residential Amenity
7.13
In protecting the amenities of both future and existing occupiers of residential
properties, minimum separation distances are provided between such properties in
order to help ensure this is achieved. The minimum distances are confirmed within
the SPD policy RD5 which also makes allowances for degree of angle, height of
buildings and ground levels. The policy confirms a minimum separation distance
between habitable room windows on two storey developments of 21 metres where
they directly overlook. It is open to discretion as to how close a particular
development should align with the requirements of this policy and a balanced
judgement will need to be made on individual site and development circumstances.
7.14
Separation distances are considered necessary in cases where it is appropriate to
ensure privacy due to overlooking of windows and gardens might be significant if
otherwise not taken into account.
7.15
With regard to the impact on residential amenity with this proposal, the layout
proposed maintains adequate separation between the new housing and surrounding
properties and the proposed dwellings thus comply with the Councils spacing
requirements. As a result it is not considered that the proposed development would
have any undue impact on the amenities of surrounding residents in terms of
overshadowing or loss of privacy.
7.16
Highway and Pedestrian Safety
7.17
With regard to impact on highway and pedestrian safety, each of the four 2 bedroom
dwellings would be provided with two off street parking spaces. There is also some
scope within the layout for on-street parking on the proposed access road. It is
accepted that some overspill parking could occur on Waverley Road, but it is unlikely
that this would be significant or harmful. Overall, it is considered that the proposed
highway layout and level of
76
parking provision is acceptable and the Head of Environmental Services (Highways)
has not objected to the proposal on highway safety grounds.
7.18
With regard to the issues raised by occupiers of adjoining properties, the following
comments are made in response.
7.19
It is acknowledged that there may be some noise and disturbance resulting from the
construction of the proposed development to adjoining properties. However this will
be for a limited/temporary period whilst the development is taking place. An hours
condition is proposed which limits the construction of the development to specific
times of the day will ensure that any disturbance which may result is kept to a
minimum.
7.20
With regard to impact on wildlife and nature conservation, the Ecological Survey
submitted with the application states that the development of the site will have no
significant adverse effect on designated sites, important habitats or protected
species. The Greater Manchester Ecology Unit (GMEU) has been consulted on the
application and their response will be reported verbally to Members.
7.21
Some trees on site will be removed as a result of the proposed development.
However, the trees proposed for removal are not considered to be of such a
significant amenity value to warrant their retention. The tree close to the site
entrance is considered to be of significant amenity value and will be retained and
protected during the course of the development. Additional planting is also proposed.
7.22
With regard to the issue raised regarding overlooking, the interface and
separation distances between proposed and existing properties are in complete
accordance with the Councils guidelines.
8.0
CONCLUSION
8.1
It is considered the proposed development will comply with local and national policy
and will add to the Boroughs housing supply on a site which is within a sustainable
location.
8.2
It is considered that the proposed development is also in accordance with detailed
UDP Policies H10 and the adopted SPD Residential Design and as such the
application is recommended for approval.
RECOMMENDATION – APPROVE subject to the following conditions: -
1.
2.
All hard and soft landscape works shall be carried out in accordance with the
approved details. The works shall be carried out prior to the occupation of any part of
the development or in accordance with a programme agreed previously with the
Local Planning Authority. Any newly planted trees or plants forming part of the
approved landscaping scheme which, within a period of 5 years from the completion
of the planting, are removed, damaged, destroyed or die shall be replaced in the next
appropriate planting season with others of similar size and species by the developer
unless the Local Planning Authority gives written consent to any variation.
77
3.
Planning Authority.
Planning Authority prior to implementation. Any additional or unforeseen
with this approved by the Local Planning Authority. Upon completion of any approved
remediation schemes, and prior to occupation, a completion report demonstrating
that the scheme has been appropriately implemented and the site is suitable for its
intended end use shall be approved in writing by the Local Planning Authority. The
discharge of this planning condition will be given in writing by the Local Planning
Authority on completion of the development and once all information specified within
this condition and other requested information have been provided to the satisfaction
of the Local Planning Authority and occupation/use of the development shall not
commence until this time, unless otherwise agreed by the Local Planning Authority.
4.
Samples of all external materials shall be submitted to and approved in writing by the
Local Planning Authority before any work commences. The development shall be
constructed with such approved materials.
5.
The development shall not commence until details of a lighting scheme to provide
lighting (to current recommended standards), to the shared private driveway have
been submitted to and approved in writing by the Local Planning Authority. The
scheme shall include details of how the lighting will be funded for both electricity
supply and future maintenance. The approved works shall be completed to the
satisfaction of the Local Planning Authority prior to the occupation of any part of the
development.
6.
A clear view shall be provided on each of the site access where it meets the footway
in Waverley Rd. Its area shall measure 2.4 metres along the edge of the site access
and 2.4 metres along the footway. It must be kept clear of anything higher than
600mm above the access.
7.
Prior to commencement of work on site the applicant shall undertake a condition and
dilapidations survey of the highway fronting the site and giving access to the site and
prepare and submit a report to the Engineering Operations Manager. The developer
will be responsible for making good any damage caused to the highway by the
development works or by persons working on or delivering to the development. Any
damage caused to the street during the development period shall be reinstated to the
full satisfaction of the Highway Authority prior to the occupation of any part of the
development.
8.
No tree felling or vegetation removal shall take place during the optimum period for
bird nesting (March to July inclusive).
9.
During demolition/construction no work (including vehicle and plant movements,
78
Sundays and Bank Holidays
10.
Notwithstanding the provisions of the Town and Country Planning General
Development Order 1988 and subsequent amendments express planning consent
shall be required for any development referred to in Schedule 2 Part 1, Class A,
Class B, Class C and Class E of that Order.
11.
Prior to the commencement of the development, plans of the site showing details of
the existing ground levels and proposed ground levels and finished floor levels shall
be submitted to and approved in writing by the Local Planning Authority. The
development shall thereafter be carried out in accordance with the details so
approved.
12.
The first floor bathroom window in the side (eastern) elevation of Plot 4 shall be fitted
and retained with frosted glass which shall achieve a level of obscurity equivalent to
Pilkington Grade 4 or 5. Any subsequent re glazing shall be with frosted glass.
13.
The developer shall erect sturdy fencing at appropriate sitings (as specified in the
Trees & Landscaping on Development Sites SPD) for the protection of trees prior to
any equipment, machinery or materials being brought on to the site, and it shall be
maintained undisturbed until all equipment, machinery and surplus materials are
removed and construction completed. No ground level changes or excavations
within the protected area, or movement of the fence, shall be carried out without the
written consent of the Local Planning Authority.
14.
Throughout the period of site preparation and construction, till the occupation of the
(final) building, no trees shown to be retained on the approved plan within the site,
shall be felled, uprooted, lopped, topped or otherwise destroyed or damaged,
including disturbance to roots, without the previous written consent of the Local
Planning Authority. Where any tree is so wilfully damaged or destroyed without
consent, another tree shall be planted of such size, species, and in a position as
maybe specified in writing by the Local Planning Authority.
14.
The development shall be carried out in accordance with the following drawings
received by the Council on 4th February 2015, 30th April and 5th May 2015.
100 Site Location Plan
101 Rev A Proposed Site Layout
102 Rev B Proposed Hard Landscape Plan
103 Rev A Proposed Plans & Elevations
104 Rev A Artist's Impression
105 Plot Curtilage Plan
106 Site Sections
79
Scale 1/1000
80
Date 11/6/2015
Centre = 395979 E 393809 N
Photo 1
Photo 2
81
82
Application Number
15/00300/FUL
Proposal
Detached dwelling house
Site Location
Land Adjacent To 124 Mottram Old Road, Hyde
Applicant
Mrs Joanne Burnett
Recommendation
Refuse
REPORT
1.0
SITE & SURROUNDINGS
1.1
A block of seven houses on the southern side of Mottram Old Road, at the fringe of
the built-up are in Hyde, look out across the valley on the opposite side of the road
where the land falls away steeply towards Godley. Westward, beyond the block
houses, the land opens up in to the green belt between Hyde and Hattersley. The
Alder Community High School is located in the valley and there is pedestrian access
to the school from Mottram Old Road.
1.2
The application site is the garden at the side and side-rear of no. 124 Mottram Old
Road and forms a gap in the built-up frontage in the block before the last house at
no. 130. The front of the garden is flat and provides an off-street parking area and
behind this, above a stone retaining wall, the garden is grassed and slopes upward to
adjoin the rear gardens of bungalows in Silver Springs. There is a habitable room
window in the ground floor in the middle of the side gable of the neighbouring house
at no. 130 Mottram Old Road.
2.0
PROPOSAL
2.1
The proposal is to construct a detached, 2-storey house with an attached garage set
back on the side. Because of the profile of the land the house would be cut in to the
slope and, except for the garage, the ground-floor would not project as far back as
the first-floor which would wrap around on to the top of the garage. Due to it cutting
in to the slope, when viewed from the rear the house would appear single-storey.
2.2
The neighbouring house at no. 124 is raised up from the road and is accessed via
steps. The front of the proposed house would be on a similar level, with similar
eaves and roof-ridge levels, as the neighbouring house on the other side at no. 130.
2.3
A driveway and largely hard-surfaced front garden, including a bin storage area, are
proposed in front of the new house
83
3.0
PLANNING HISTORY
3.1
In September 2004 the Council refused an application (ref. 04/01175/OUT) for outline
planning permission for a detached house on this plot. At that time approval of the
details of the siting of the house were sought and all other matters of detail were held
in reserve. An appeal against the Council’s decision was dismissed in June 2005.
Latterly, an application (ref. 14/01156/FUL) for full permission for a pair of semidetached houses was refused in February 2015.
4.0
4.1
4.2
4.3
4.3.1
Part 1 Policies
1.3
Creating a Cleaner and Greener Environment
1.12: Ensuring an Accessible, Safe and Healthy Environment.
1.13: Meeting Obligations on Minerals, Waste and Energy.
4.3.2
Part 2 Policies
H2: Unallocated Sites.
H9: Backland and Garden Development.
H10: Detailed Design of Housing Developments
MW11: Contaminated Land
4.3.3
Other Policy
Residential Design Supplementary Planning Document
5.0
5.1
10 no. neighbour notification letters sent out on 20th April 2015
6.0
6.1
The Head of Environmental Services – Highways has asked that a number of
conditions and notes regarding the provision of adequate access arrangements, site
drainage alteration of a pavement crossing be attached to any permission.
84
6.2
The Head of Environmental Services – Environmental Protection has suggested that
a condition requiring that a survey to ascertain whether the land is contaminated and
any necessary remedial measures be attached to any permission.
7.0
7.1
Objections have been received from four neighbours.
objecting are
The reasons given for
the impact of over-shadowing of a window in the neighbouring house at no. 130
Mottram Old Road,
the loss of the green space,
that the design of the house is out-of-keeping with the locality,
no details are given of parking arrangements or bin storage facilities,
the loss of on-street parking facilities for parents picking-up pupils from the nearby
school during the period of construction,
noise and disturbance during the period of construction and
loss of outlook from the bungalows behind in Silver Springs.
7.2
Another objection has been received from a consultant acting on behalf of one of the
objectors and making reference to the previous appeal decision (see para 3.1) and
that the reasons given for that appeal being dismissed are not addressed.
8.0
ANALYSIS
8.1
The Council’s reason for refusing the first of the previous applications (see para. 3.1)
was because the proposed development fails to achieve an adequate privacy and
spacing distance to a habitable window in the gable end of 130 Mottram Old Road.
In dismissing the appeal against the refusal of permission the Inspector agreed with
the Council that the proposal would position a gable wall extremely close to a ground
floor window in the side of no. 130. The Inspector recognised that whilst (the gable
window) might be described as the secondary window to the room, it is very
important to the enjoyment of the property. In the first place, the room it serves is
relatively large and the main window faces north. Thus, if the appeal proposal were
allowed the side window and the room it serves would lose virtually all natural
sunlight. In addition, the Inspector was mindful that the side window of no. 130 also
serves to supplement light to the kitchen area at the rear of that property. It was for
both of these reasons that the appeal was dismissed.
85
8.2
Whilst the Inspector found the objection on the grounds of the loss of view from the
rear windows of the bungalow behind in Silver Spring to be less compelling he
nevertheless concluded that there would be the loss of views from the rear windows
of a dwelling where the layout of rooms is clearly designed to take advantage of this
opportunity. This was then given as a supporting reason for resisting the proposal.
8.3
Along with the proposed development being out-of-keeping with the character of the
surrounding area, the Council’s reasons for refusing the second application reflected
with Inspector’s reasons for dismissing the earlier appeal. Although, in this case the
proposed house was taller than that now proposed and included dormer windows in
the rear so that over-looking of the bungalow at the rear in Silver Springs was also
given as part of the reason for refusing the application.
9.0
CONCLUSION
9.1
Whilst in this instance the design and appearance of the proposed house might be
acceptable, and in all other matters of detail, including in respect of highways
matters, the Council’s requirements are satisfied, the proposed house would have
much the same impact in terms of over-shadowing the window in the gable of no.
130 Mottram Old Road and obstructing the view from no. 1 Silver Springs as did the
proposals included in the first application. There having been no material changes in
circumstances in the meantime to indicate otherwise, for these reasons the
recommendation is again for refusal.
RECOMMENDATION – Refuse
Reason
The proposed development fails to achieve an adequate privacy and spacing
distance, and so result in undue over-shadowing, to a habitable window in the gable
of no.130 Mottram Old Road and would be detrimental to the amenity, in this case
outlook, enjoyed currently by the occupier of no. 1 Silver Springs. The proposal is
thereby contrary to policy H10 of Tameside’s Unitary Development Plan and to
policies RD2 and RD5 of the Residential Design Supplementary Planning Document.
86
Scale 1/500
87
Date 11/6/2015
Centre = 395611 E 393327 N
Photo 1
Photo 2
88
89
90
91
92
93
94
95
96
97
98
Application Number
15/00330/FUL
Proposal
Two-storey and single-storey extension
Site Location
15 Queens Drive, Hyde
Applicant
Mr And Mrs Gail And Tony Baugh
Recommendation
Approve
REPORT
1.0
SITE & SURROUNDINGS
1.1
Queens Drive is a cul-de-sac that forms part of a wider and established residential
area off Joel Lane in Gee Cross. Number 15 Queens Drive was a semi-detached
house that has become attached to the previously unattached neighbouring house at
ground-floor level by respective side extensions. The neighbouring house is at a
lower level, as the road slopes from east to west, so that the side extension on
number 15 protrudes above that of its neighbour. The same neighbouring house
also has a conservatory built on the back.
2.0
PROPOSAL
2.1
The proposed extension would project forward of the house from the side and wrap
around from the side to across the whole of the width of the rear. The middle
sections of the proposed extension on both the side and rear rise to two-storeys but
otherwise it is single-storey. Despite the extension protruding at the front on to the
driveway the existing parking arrangements would be unaffected.
2.2
The extension would be finished with brickwork and roof tiles to match the existing
house.
3.0
PLANNING HISTORY
3.1
None
4.0
4.1
4.2
99
4.3
4.3.1
Part 1 Policies
1.3: Creating a Cleaner and Greener Environment
Part 2 Policies
H10: Detailed Design of Housing Developments.
MW11: Contaminated Land.
4.3.2
Other policy
Residential Design Supplementary Planning Document.
5.0
5.1
8 no. neighbour notification letters sent out on 27th April 2015.
6.0
6.1
The Head of Environmental Services – Highways has no objection to the proposal.
7.0
7.1
An objection has been received from the occupier of the previously-unattached
neighbouring house. The reasons given for objecting are:
loss of light to, and over-shadowing of, windows in the side of the neighbouring
house
possible subsidence and the integrity of the party wall where the existing singlestorey extensions meet
that the extension is out-of-keeping with the character of the locality and would set a
precedent that others might follow; and,
an application for a two-storey extension on another house in the road was refused
because of the difference in the land levels and proximity to the next door house.
100
7.2
The application is presented to the Panel at the behest of Councillor Bell.
8.0
ANALYSIS
8.1
There are three windows in the side of the previously-unattached neighbouring
house, to which the objector refers. Of these; one is to a non-habitable room in the
first floor, another is a secondary window to a ground floor room and the third is the
only window to an upstairs bedroom. The impact in terms of over-shadowing and
over-looking of the extension to the first two windows, being to a non-habitable room
and to a small, secondary window, respectively, is not protected against. In the third
instance, whilst the window is the only source of natural light to the bedroom, the
spacing that exists between this and the existing house where the extension is
proposed is already sub-standard; either the houses were built this arrangement or
the window has been added. The proposed two-storey section of the extension on
the side of the house would be off-set, and not directly in line, with the window; there
would be an oblique angle between the two. The objector’s house being positioned
to the north-west, any increased direct over-shadowing would only be late in the
evening when the sun has passed around the back of the neighbouring house. And
so, for these reasons, the impact in terms of over-shadowing would not be such to
warrant refusal of the application.
8.2
Despite the extension protruding at the front on to the driveway the existing parking
arrangements would be unaffected and in terms of highway matters the Council’s
requirements are satisfied.
8.3
With regard to the other reasons for objecting: any issues of the integrity of the party
wall would be a matter to be addressed under the Building Regulations and is not a
consideration in determining the planning application; there is no record of an earlier
planning permission for a two-storey extension on a house in the street being refused
for the reasons stated.
8.4
At the rear the proposal complies with policies designed to prevent over-looking and
over-shadowing of neighbouring properties and that being so, given the use of
appropriate finishing materials, the design of extension is such that it would constitute
an acceptable addition to the house.
Conditions
1)
2)
The materials to be used in the construction of the external surfaces of the extension
shall match as closely as possible the corresponding materials in the existing house.
101
3)
following approved plans: those ref. 15.05.POS, 15.05.P01, 15.05.P02, 15.05.P03,
15.05.P04, 15.05.P05, 15.05.P06, 15.05.P07, 15.05.P08, 15.05.P09 and 15.05.P10
(received on 09/04/15) and that illustrating the parking arrangements (received on
22/05/15).
102
103
Photo 1
Photo 2
104
Photo 3
105
■ The Copyright of this drawing belongs to Jovinka Architectural
Services and shall not be used or reproduced in any form
without express permission. The Moral right of the author is
hereby asserted - Copyright © 2015.
■ Do not scale from this drawing - Work to figured dimensions
only. All dimensions to be checked on site prior to the execution
of any work.
■ For the avoidance of doubt all dimensions are measured to
wall structure and not the finishes unless otherwise stated.
■ Where any discrepancy is found to exist within or between
drawings and/or documents it should be reported to Jovinka
Architectural Services immediately.
■ Jovinka Architectural Services shall not be liable for any use of
drawings and documents for any purpose other than for which
the same were prepared by or on behalf of Jovinka
Architectural Services.
Rev.
PROJECT:
Copley Gulf Service Station
Huddersfield Road
Stalybridge
SK15 3DW
Jovinka Architectural Services
148 King Street
Dukinfield
Cheshire
SK16 4TH
DRAWING:
Proposed portable building
plan and photographs
SCALE:
106
DATE:
1:50 @A3
15.04.15
DRAWING NO:
1519-02
REVISION:
Mobile: 07821938400
[email protected]
Application Number
15/00371/FUL
Proposal
Stationing of portable office building in connection with
Car Valeting business – RETROSPECTIVE
Site Location
Gulf Service Station, Huddersfield Road, Stalybridge
Applicant
Global Car Valeting, C/O Copley Gulf Service Station,
Huddersfield Road, Stalybridge
Recommendation
Approve
REPORT
1.0
PROPOSAL
1.1
The application is solely for the positioning of the cabin and not the use of the site to
include a car wash. There is an existing car wash used as part of the operation to
wash down cars and the hand wash facility is an extension to this service.
1.2
This application is retrospective as the building has already been erected.
1.3
The site is used as a petrol filling station with a mechanical car wash facility. The site
has also a hand car valeting and cleaning operation on the site adjacent to the
existing car wash. The portable office building is located to the north west of the site
and to the rear of the existing kiosk building and measures 2.5 metres by 4.9 metres.
The building measures 3.2 metres in height from ground level and has a flat roof and
is grey in colour.
1.4
The building is positioned 6 metres away from the rear boundary of the site and 6.1
metres from the northern side boundary.
1.5
The objector requests that the application is considered at the Speakers Panel.
2.0
SITE & SURROUNDINGS
2.1
The application site is accessed off Huddersfield Road which runs along the sites
eastern boundary and is an operational petrol station. To the rear of the site is an
existing car wash facility adjacent to this hand car wash facility is also offered and car
valeting/cleaning service.
2.2
The site is within a predominantly residential area.
2.3
There are mature hedgerows along the north west and north eastern boundaries of
the site where it abuts residential properties.
3.0
PLANNING HISTORY
3.1
None relevant
107
4.0
4.1
4.1.1
Part 2 Policies
E6 Detailed Design of Employment Developments
C1 Townscape and Urban Form
5.0
5.1
24no. Neighbour notification letters were sent out on 27th April 2015
6.0
6.1
None
7.0
7.1
One objection has been received following the neighbour notification exercise
although no specific reason for the objection has been given.
7.2
A further three letters have been received objecting as work is continually being
carried out on all aspects of the business aside from the cabin despite not having
permission at the complete misery of residents at back of site. The mechanical car
wash has been boarded out and changed to a jet wash with vehicles continuing to
back up at the station causing increased traffic and noise. Additional issues are: 







Jet wash only 2 metres away from property.
noise levels excessive
jet wash not acceptable in other parts of the country
trees have been removed to position the cabin which is unacceptable with
local residents viewing petrol station
no sign of bench that has been installed adjacent to cabin so application is
incomplete.
more staff working there than confirmed in application
noise complaint already on-going with Environmental Health
concerned storing cleaning liquids in cabin on a petrol station for obvious
reasons.
8.0
ANALYSIS
8.1
The principle issues in deciding this application are;
1) Impact on Street Scene and Character of the Area
2) Impact on Residential Amenity
8.2
Impact on Street Scene and Character of the Area
8.2.1
As the building is screened from direct view from Huddersfield Road, it is considered
there is no significant impact on the character of the area or street scene.
108
8.3
Impact on Residential Amenity
8.3.1
The only other consideration is that of impact on residential amenity particularly to
those properties backing onto the site from the rear.
8.3.2
The position of the building is such that it lies 6 metres from the rear boundary and
6.1 metres from the side boundary. Given the extent of the neighbouring gardens, the
existing boundary vegetation and the size of the office building, it is considered there
is no significant impact on neighbouring properties.
9.0
CONCLUSION
9.1
It is not considered that the portable office building has any negative impact on
residential amenity or on the character or appearance of the street scene or
surrounding area.
9.2
The office building is considered to comply with UDP Policies E6 and C1.
Condition
1
The development shall be carried out in accordance the drawing numbers 1519-01,
02 and 03 received on 20th April 2015
109

To consider the schedule of applications.

Transcription

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