Subject: Submitted Planning Applications Status: For
Transcription
Subject: Submitted Planning Applications Status: For
Subject: Report to: Submitted Planning Applications Pennines Planning Sub Committee Status: For Publication Date: 16th April 2015 Report of: Director of Economy and Environment Author: See individual agenda reports 1. PURPOSE OF REPORT 1.1 To provide recommendations to the Committee on planning applications or related consents submitted to the Council and requiring the consideration and/or determination of the Committee in accordance with the Council’s approved Scheme of Delegation. 1.2 To provide information on any other planning or development related matters which may affect the work of the Committee. 2. RECOMMENDATIONS 2.1 Recommendations in respect of individual planning applications are as detailed in the following papers. 3. STATUTORY IMPLICATIONS 3.1 The submitted applications on this agenda are to be determined in accordance with the provisions of relevant legislation, including the Town and Country Planning Act 1990, Planning (Listed Buildings and Conservation Areas) Act 1990, Planning and Compensation Act 1991, Planning and Compulsory Purchase Act 2004, Planning Act 2008, Localism Act 2012 and the Town and Country Planning (Development Management) Procedure Order 2010 together with any Circulars and Regulations which support that legislation. 3.2 Planning law requires that applications be determined in accordance with the development plan unless material considerations indicate otherwise. Where relevant, any such material considerations will be referred to in the report. The Development Plan 3.3 All planning applications referred to in this report have been assessed against the relevant policies and proposals of the development plan for the Borough (currently the adopted Rochdale Unitary Development Plan 2006) and any Supplementary Planning Documents or Guidance adopted by the Council. National Planning Policy Framework (NPPF) 3.4 In addition, in assessing the submitted planning applications, there is a requirement to have regard to relevant national policies as set out within the National Planning Policy Framework (NPPF) the policies of which are a material consideration. Where relevant, the provisions of the NPPF and any other relevant national guidance will be referred to in the report. 4. RISK ASSESSMENT IMPLICATIONS 4.1 The Council has adopted a Code of Conduct for Members and Officers dealing with Planning Matters. Members and Officers are required to have full regard to the Code in discharging their responsibilities and duties in relation to planning matters on behalf of the Council. The Code seeks to ensure that all decision making is governed by an open and transparent process and represents a standard against which the conduct of Officers and Member sitting on the Committee will be judged. 4.2 A Declaration of Member Interests Register is taken prior to the commencement of the Committee meeting. Advice on whether any Member sitting on the Committee ought to declare any interest on any item on the submitted agenda should be obtained from the Head of Legal and Democratic Services or the Chief Planning Officer. 4.3 The Council’s Standards Committee will monitor the operation of this Code of Conduct. 5. EQUALITIES IMPACTS 5.1 The above Acts require Local Planning Authorities to consider planning applications on their individual merits having regard to the development plan and other material planning considerations. 5.2 The Equality Act 2010 protects people from discrimination on the basis of certain characteristics which are known as protected characteristics. These protected characteristics are Age, Disability, Gender Reassignment, Marriage or Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex (Gender), Sexual Orientation, socio-economic status and Carer. 5.3 In applying the Equality Act 2010, the Council is required to consider the effects of its decisions on different groups protected from discrimination, including a duty to make reasonable adjustments. In taking account of all material planning considerations, including Council policy as set out in the Unitary Development Plan and the National Planning Policy Framework, the Service Director (Planning and Regulation Services) has concluded all opportunities to promote equality through the planning process have been taken, or where adjustments cannot be made, these are justified on the basis of the planning merits of the development proposal. 5.4 The Rochdale and District Disabled Access Working Group may comment on relevant planning applications. Where comments are received, these will be included within the reported to Committee. Consideration is given in designing access when dealing with the planning applications. Where applicable, any issues relating to these matters or other equal opportunity matters will be referred to in individual planning application reports. 6. 6.1 Human Rights Act 1998 considerations The submitted applications need to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applications (and those third parties, including local residents, who have made representations) have the right to a fair hearing and to this end the Committee must give full consideration to their comments. 6.2 Article 8 and Protocol 1 Article 1 confer(s) a right of respect or a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Unitary Development Plan, the Service Director (Planning and Regulation Services) has concluded that some rights conferred by these Articles on the applicant(s)/objectors/residents and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. He believes that any restriction on these rights posed by approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts. Background Papers The background papers relevant to the planning applications to be considered on this agenda will include:1. The Planning application file and its contents which will include: i) The planning application form and supporting information, together with scaled drawings/plans and relevant statutory certificates. ii) Letters of response from statutory and other consultees who may have been consulted or commented on the planning application iii) Letters and documents received from interested parties. iv) Notes of telephone conversations, meetings and any information received and of relevance to the submitted proposal 2. For any previous planning application referred to in the agenda report or in the application file, the planning application forms and the decision on that proposal 3. Such other papers (if any) received after the preparation of individual reports on planning applications on this agenda (to be reported verbally at the meeting). 4. Any other guidance or procedural documents adopted by the Council and of relevance to the recommendation and/or determination of any submitted planning applications or related consents For further information about this report, or if you wish to see any background papers please contact: Sharon Hill, Senior Business Support Officer, in Economy and Environment, Number One Riverside, Smith Street, Rochdale, OL16 1XU Telephone (01706) 924305 or via the online planning services at: http://www.rochdale.gov.uk/planning Application Number: 15/00147/FUL Ward: Milnrow And Newhey Proposal: Change of use of ground floor office space to wine bar (Resubmission of 14/01227/FUL) Site Address: 1 Shaw Road Newhey Milnrow OL16 4LU Applicant: Mr Craig Kerr RECOMMENDATION: Refused SCHEME OF DELEGATION This application has been called in to the Rochdale Township Planning Sub-Committee committee at the request of Councillor Butterworth, and on behalf of Councillors Brett and Rodgers, who request that members consider the impact of the development on the regeneration of a commercial property in New Hey; the impact of the redundant property on local amenities; the objections received to the planning application and the need to provide social interaction with the community. Members may refuse the application on reasonable planning grounds. If Members are minded to approve the application, it must be referred to the Licensing and Regulatory Committee for determination as a decision to approve would be contrary to a previous decision of the Council. SITE The application relates to an existing business premises that occupies a prominent corner position on the junction of Shaw Road and New Hey Road. The two storey property is a traditional and attractive stone building that was originally constructed as a bank and was last used as an office, but is currently vacant. The site is within the New Hey Village Centre and is surrounded by a mix of commercial and residential uses, with a pair of recently constructed dwellings sited to the immediate north east (along Shaw Road) and a number of retail uses sited sporadically along both Shaw and New Hey Road. PROPOSAL The application proposes the change of use of the ground floor office space to a wine bar. It is proposed the wine bar would open Mondays – Saturday between the hours of 12:00 and 00:00 and on Sundays and Bank Holidays between the hours of 12:00 and 23:00. Anticipated employee details have not been provided. RELEVANT PLANNING POLICY National Guidance National Planning Policy Framework (NPPF) The Department for Communities and Local Government published the NPPF on 27 March 2012. The NPPF sets out the Government’s planning policies for England and how these are expected to be applied. National Planning Practice Guidance (NPPG) The government published its NPPG on 6 March 2014. 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. Unitary Development Plan (UDP): G/D/1 Defined Urban Area G/S/1 S/6 S/10 Hierarchy and Role of Centres District Centre, Local Centres and Linear Commercial Areas Food and Drink Outlets G/EM/1 EM/2 EM/3 Environmental Protection and Pollution Control Pollution Noise and New Development G/BE/1 BE/2 Design Quality Design Criteria for New Development PUBLICITY Earliest Decision Date: 18 March 2015 Revised Expiry Date: No extension agreed Site Notice: General Site Notice Date Displayed: 17 February 2015 RELEVANT SITE HISTORY 96/D33847 – Change of Use from Bank to Class A3 (Hot Food Takeaway/Restaurant) Use – Refused. 14/01227 – Change of use of ground floor office space to wine bar – Refused. CONSULTATION RESPONSES Environmental Health - Noise/Odours - Although attention has been paid to potential noise issues, the location will still give rise to complaints. Therefore this application cannot be supported on the same grounds as the previous application. The adjacent properties are still residential, as are the properties located directly opposite the application site. The proposed use therefore would cause nuisance to neighbouring properties through noise and general disturbance. Highways And Engineering – No objections to this development as proposed. No dedicated parking has been provided, however due to the nature of the proposed development customers are unlikely to require parking facilities. Various bus routes are located along the A640 (Huddersfield Road) and the A663 (Newhey Road) in addition to this, Newhey Train Station is within close proximity of the development, each offers a sustainable transport method alternative to car travel. The applicant has also proposed an internal phone linked to a local taxi firm for the benefit of customers. A development of this size and nature will not create a negative impact upon road safety, existing 'No Waiting at any Time' restrictions outside the development will deter on street parking. A development of this size and nature will not have a significant negative impact upon the local network capacity. The application proposed will not affect refuse collection from the development. Adequate space will be retained as part of the proposed development to store and dispose of refuse collection. This application will not impact upon the highways layout. No new access to the highway will be created by this development. Existing highways drainage will not change as a result of this development. No public right of way will be obstructed by this development. REPRESENTATIONS The application has been publicised with a site notice and neighbour notification letters. Two letters of objection have been received. The points raised are listed below. - Concerns regarding the absence of parking facilities and the possible obstruction of the taxi office car park at no. 11 Shaw Road. Limited parking in the area. Access to the property is on a very busy road junction. Noise nuisance from customers outside the property, taxi pickups and drop offs, music and general noise associated with a bar including people outside smoking. Privacy concerns for no. 2 Huddersfield Road which is adjacent the site and has habitable room windows facing onto the road and where customers will approach the site from. The site is within a predominantly residential area and established pubs have been there for many years with residents aware of the noise associated with them. Health and safety concerns as the objectors have been informed that traffic lights are to be installed. Therefore concerns over people being dropped off and picked up at the junction and the safety of people outside the bar. ANALYSIS Principle of development The application site is located within the New Hey Village Centre, as defined by the Rochdale Unitary Development Plan. Policy S/6 is therefore relevant to any development at the site and under this policy it is stated that the change of use to food and drink outlets will be permitted provided that the use would be of a scale and character appropriate to the size, role and function of the centre or area. The proposed use is located in the relatively compact local village, which contains a mix of commercial uses, with a number of A1 retail uses near the site as well as a relatively high proportion of residential properties. There are currently limited food and drink premises within the local centre, but those in existence include the restaurant owned by the applicant, the Italian Job. It is noted that a letter of support was received for the previous application and this stated that New Hey requires new businesses and that this use would support existing businesses in the area. No similar letter has been received under the current application, however it is recognised that local and national policy requires there to be a good mix of uses within local centres and it is considered that the proposal would provide that mix, thus retaining and supporting a functional and vibrant local centre. Taking this into account, it is considered that the principle of the proposed use would comply with policy S/6 of the UDP, however policy S/6 also requires changes of use to be compatible with surrounding land uses and not harm local residential amenity. This is assessed in the subsequent sections of the report. Residential amenity and impact on environment One of the core planning principles of the NPPF 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. Policy S/6 requires changes of use to be compatible with surrounding land uses and not harm local residential amenity and policy S/10 requires that food and drink outlets should not unduly affect the amenity of nearby residents or businesses by reason of noise, smell, litter and hours of opening. In addition to the above, policies EM/1, EM/2 and EM/3 are relevant and these require that development should not be harmful to the environment, land uses and land users in the area and ensure that air, water and noise pollution is kept to an acceptable level. It is noted that objections have been raised regarding the impact on surrounding residents and their amenity, particularly in relation to the neighbouring residents at no’s 2 and 4 Huddersfield Road, which are sited immediately adjacent the site. In light of this and to ensure full consideration is given to any potential impacts on residential amenity, consultations have taken place with the Council’s Environmental Health department and they have confirmed that they cannot support the current application on the grounds that the site is immediately adjacent to residential properties and as such, concerns are raised over the harmful impact the development would have on the amenity of neighbouring properties through noise and general disturbances. These concerns relate predominantly to the general use of the site as an A4 (wine bar) use and the disturbances that would be created by matters that cannot be easily controlled by the applicant or the Council. These concerns include the milling around of people on the pavement in close proximity to the adjacent properties. This would be of particular concern given that the premises does not benefit from private outdoor space and those wanting to go outside, including smokers, will congregate on the pavement, thus causing a disturbance to residents living in close proximity to the application property. It is also noted that the Planning Statement submitted with the application advises that “the venue is to be ancillary to the existing business sited at 14 Huddersfield Road, a place for existing guests to go before and after their meal”. Such operation of the wine bar will only serve to heighten the disturbances caused to adjacent residents with the continual movement of patrons past residential properties as they travel between the restaurant and wine bar. It is also considered that such disturbances are likely to increase in summer months, where patrons are more likely to spend time outside the premises and also when doors and windows of the building are more likely to be open, allowing internal noise to break out of the building leading to disturbances to local residents. This would nevertheless occur at other times as noise breakout will occur as patrons enter and leave the premises. Since refusal of the last application, it is noted that the applicant has submitted additional information with regards to how the business will operate in order to reduce impacts on the neighbours. These measures are noted and Environmental Health Officers have confirmed that they have taken these into account in their comments. However, the measures proposed do not remove the concerns raised in regards to residential amenity and the development would result in unacceptable harm due to the disturbances that would be caused to residents. Furthermore, it must also be noted that should the applicants choose to leave the premises at some point in the future, the A4 use would still exist and future users may not operate in such a responsible manner. Officers have also considered whether the imposition of conditions could satisfactorily address these concerns and protect the amenity of neighbouring residents, for example a condition restricting opening hours or requiring the premises to operate in accordance with a management plan to be agreed prior to the use being implemented. Specifically, the environmental health officer has considered whether opening hours of 08:00-18:00 would overcome these concerns, however they have concluded that the use would still be likely to unduly affect the amenity of nearby residents even with restricted hours. Notwithstanding this, it is noted that an appeal was lodged and subsequently withdrawn in relation to the previous refusal (14/01227). In the event of an appeal against a refusal of planning permission, the Council’s case to the Planning Inspector would have made clear what planning conditions could have been imposed by the Inspector had he/she been minded to allow the appeal. In this case, such conditions would have sought to restrict opening hours and ensure the appropriate management of the premises. In light of the above, it is considered that, in spite of the local centre location, the proposal would not be compatible with adjacent residential uses and would cause excessive levels of noise and disturbance to the detriment of the amenity of the occupants of these nearby residential properties. Whilst some mitigation could be made through the use of planning conditions the measures proposed to protect residents would unfortunately not address the concerns raised and the proposed use would lead to unacceptable adverse impacts on the occupants of nearby residential properties. As such, the application is unacceptable in this regard and contrary to policies S/6, S/10 EM/1, EM/2 and EM/3 of the Rochdale Unitary Development Plan and the NPPF. Highway safety It is noted that objectors have raised concerns over the potential highway implications, with concerns over the absence of parking and the siting of the property on a busy junction. To fully assess such matters, consultations have been carried out with highway services and they have raised no objection to the development. The site is located within a local centre at a busy junction, the current use operates without off road parking and there are existing parking and waiting restrictions in the area. As such, the proposed change of use is acceptable in terms of highway safety and in accordance with policies G/A/1, BE/1 and BE/2 of the UDP. Summary It is recognised that in support the vitality and viability of the local centre, such uses are promoted where they would retain a good mix of services. The vitality of the local centre must however be balanced against any adverse impacts that would arise from the proposed use. As noted above, the proposed use would give rise to undue noise and disturbance that would have a harmful and unacceptable impact on the occupants of nearby residential properties. In the case of this application, there are material concerns with regards to the harm that would be caused to residential amenity and unfortunately, the harm that would arise would not be outweighed by the regenerative benefits of bringing the premises back into use. As such, the proposal is contrary to policies S/16 and S/10 of the UDP and the NPPF. RECOMMENDATION REFUSE 1. The application site is located immediately adjacent to residential properties to the north east. The change of use from offices to a wine bar would have a detrimental impact on the occupiers of these dwellings through excessive levels of noise and disturbance. This would have a harmful and unacceptable impact on residential amenity and the application is therefore contrary to the National Planning Policy Framework and policies S/6, S/10, EM/1, EM/2 and EM/3 of the Rochdale Unitary Development Plan. Report Author Rachel Carney