REPORT

Of 

Urban Vision Partnership Limited

To the

Planning & Transportation Regulatory Panel

7th February 2008

Planning Applications and Related Development Control Matters

(Not considered to contain exempt information) 

Non-members of the panel are invited to attend the meeting during 
consideration of any applications included within the report
in which they have a particular interest.

ADDITIONAL REPORT

APPLICATION No:	          06/53244/OUT

APPLICANT:	Paloma

LOCATION:	Land On Greengate Salford M3 7NS    

PROPOSAL:	Outline planning application to include layout, scale, appearance and means of access for mixed use development (maximum 26 storey) comprising 189 residential units, 814 sq.m commercial  (A1, A2 A3 and B1) floorspace and 64 basement car parking spaces.

WARD:	Ordsall

INTRODUCTION

This application is the latest in a series of applications within the Exchange Greengate master plan area that is subject to planning guidance in the approved Exchange Greengate Planning Guidance.  

Over the next 15 years the Exchange Greengate area has the capacity to deliver over 3.25 million sq.ft of development floorspace, 2,600 new homes and at the heart of the area a new urban park that was approved under application 06/53597/FUL.  The Guidance states that all developments that are brought forward with the Exchange Greengate area will be required to contribute proportionately to the cost of public realm and public transport provision.

In considering similar applications in the area the City Council has concluded that the delivery of the significant public realm is likely to depend in part on very significant contributions arising from planning obligations, at a level significantly exceeding the requirements of the Planning Obligations Supplementary Planning Document.  For this reason it is considered that in this area the focus of such contributions will have to be on public realm and highways/transport issues, and will be subject to the conclusion of negotiations between the applicants, the City Council, Central Salford Urban regeneration Company and English Partnerships who will be providing initial funding on the basis that this funding would be reimbursed from subsequent Section 106 contributions.

DESCRIPTION OF SITE AND SURROUNDING AREA

The site covers an area of approximately 0.2 hectare and is bounded to the north by Trinity Way, the main distributor road round the regional centre, which carries high volumes of traffic, and the river Irwell.  The north western boundary the site is adjacent to a development site where permission has already been granted for a 22 storey residential tower.  To the south east the site adjoins a further development site where so far there have only been initial discussions with the site owners.  To the south west, across Greengate, the site faces the recently completed Abito apartment development.

At present the site is occupied by a variety of industrial buildings and vacant land that is principally used for commuter car parking.  

The immediate area is characterised by similar uses and by significant post industrial decline that is beginning to be addressed by new developments and that will continue under the direction afforded by the Exchange Greengate Planning Guidance.

DESCRIPTION OF PROPOSAL

The application is submitted in outline with landscaping reserved for further consideration.  Approval is therefore sought at this stage for the layout, scale, appearance and means of access for the development.

The site layout would be as follows – a taller block of 25/26 storeys to the rear of the site, adjacent to the river, with a lower block of 10/11 storeys to the Greengate Road frontage, separated by a first floor landscaped podium that would provide commercial accommodation at ground floor level.  A riverside walkway would be provided on the river frontage and the development makes provision for a pedestrian route from Greengate down to the riverside walkway.  The application seeks the use of the ground floor for A1, A2 and A3 retail uses, B1 business use and D1 non-residential institutions – that includes medical and health services, crčche, school, museum, library or religious use.  There would be two levels of underground parking providing 64 spaces accessed from Greengate.  58 cycle storage spaces would also be provided. 

It is proposed to provide the following mix of apartments:
•	studio – 18 – 9.5%
•	one bed – 62 – 32.8%
•	two bed – 95 – 50.3%
•	three bed – 11 – 5.8%
All two and three bed apartments would be over 57sq.m in floor area, the smallest two bed apartment being over 59sq.m in floor area.

The disposition of the buildings would allow a riverside walkway in excess of 4.3m in width, internal courtyard distances between habitable rooms of 18.5m.  There would be no habitable room windows in the south-east gable but there would be secondary habitable room windows in the north-west gable.  These would be at least 16m from the proposed development on the neighbouring site.  There would be a distance of 16m to the habitable room windows in the Abito building.

The buildings would be predominantly glazed to their main elevations with stone to the gables, metal louvres to stair and refuse cores and random metal louvred screen providing privacy to habitable windows.  A particular feature of the two buildings is that they would be divided by the stair and lift core on the south-east gables and by the refuse and servicing core on the north-west gable, both of which would be faced with black painted metal louvres.

The application has been the subject of considerable discussions, evolution and refinement and the submitted scheme has been amended to address concerns raised by officers and by the Environment Agency.

SITE HISTORY

There is no relevant planning application history on this particular site.

On the site to the north-west outline planning permission was granted in June 2007 (subject to a S106 agreement) for a 22 storey tower (06/53595/OUT).

PUBLICITY

The application has been advertised by means of both site and press notices.

The following neighbouring properties have been notified of both the submitted application and the amended plans.
	89-93 Greengate
	Drivers Jonas (acting for Ask Developments)
	All apartments in the Abito building

REPRESENTATIONS

Two representations have been received in response to the planning application publicity, one from a neighbour in the new Abito apartments and one from agents acting for landowners in the area.  The following issues have been raised:
•	The proposals do not permit the creation of New Gravel Lane as envisaged by the Exchange Greengate Planning Guidance.
•	The proposed development is too tall, contrary to the Exchange Greengate Planning Guidance, and will block views of the river
•	There is no waterside space or any public realm of any form.
•	Too many small apartments are being built and there are serious concerns about the long term sustainability of such a large amount of apartment development given such high vacancy rates in other developments.
•	There is no indication of design quality in the submitted application.
•	Loss of view/sunlight.

CONSULTATIONS

Strategic Director of Environmental Services - The site is in very close proximity to the inner Manchester ring road, as such, noise from road traffic is likely to be problematic for future occupiers of the site.  In addition, the area is formerly a mix of industrial, commercial and residential uses.  Nearby sites have demonstrated some ground contamination and a full contamination condition will be necessary.

The retail units proposed are to operate between 08.00 and 23.00 hours, 7 days a week.  There is the possibility that these extended hours will create a noise nuisance in respect of residential occupants of the first floor level.  It is possible to build in measures to minimize noise transmission from the ground floor to the first floor but it is not possible to control noise from patrons accessing and egressing establishments open until 23.00 hours.  For this reason it is strongly recommended that the use of the ground floor retail premises for hot food take away and similar uses is prohibited and that additional controls be exercised regarding delivery hours to prevent disturbance from this type of activity also.

The site, due to its proximity to Trinity Way, is also within the declared Air Quality Management Area.  

Conditions are required regarding contamination, noise, hours of delivery and air quality. 

Commission for Architecture and the Built Environment – commented favourably on the original design framework but have not been specifically consulted on this particular application.  The application closely reflects the design framework proposals for this part of the site.

Environment Agency - Initially objected to the application on three grounds:
i)	that the site lies within a high-risk area liable to flood and that additional information was required;
ii)	that the development was too close to the top of the river bank and did not allow sufficient space to enable vehicular access for maintenance works;
iii)	that the proximity of development to the river did not provide a wide, open, well landscaped river corridor and did not allow a clear unobstructed view for pedestrians using the current riverside path;
iv)	that a bat survey was required.

Following submission of a revised flood risk assessment that the Environment Agency considers is satisfactory and meets with their approval, a bat survey, and additional information demonstrating that a clear line of sight existed from the pedestrian tunnel under Trinity Way through to New Bridge Street, the Environment Agency have now withdrawn their objection.

It has also been requested that conditions are imposed with regard to wildlife habitats on the river wall and that informatives are attached.

Central Salford Urban Regeneration Company - This application relates well to the proposed Greengate square in respect of its massing and design, providing a consistency to the building heights around the square.

The proposed uses are acceptable and consistent with the URC’s vision for Exchange Greengate.  The application reflects the provisions of the City Council’s Housing Planning Guidance in respect to floorspace and apartment size, providing a broad mix of dwellings to achieve a diverse and quality living environment in the heart of the City Centre.

This application has been the subject of long negotiation with the City Council and Central Salford URC and a number of design and other amendments have been made to address planning issues.  The URC now strongly supports the application, which accords closely with the URC’s vision for the Exchange Greengate area.  Agreement has now been reached on the level of S106 contributions from this proposal to support the provision of the primary public realm in the Exchange Greengate area.

United Utilities – No objections in principle but have provided advice.

Greater Manchester Police Architectural Liaison Unit - have no objections to the proposed development. 

Greater Manchester Archaeological Unit – There is an archaeological interest for this site as Greengate formed part of the medieval core of Salford.  Excavations by the University of Manchester Archaeological Unit on the opposite side of Greengate for the Abito development have demonstrated that archaeological remains survive from the medieval period onwards.  A condition is required to secure the archaeological interests of the site.

Greater Manchester Passenger Transport Executive – It is encouraging to note that the proposal includes only 71 parking spaces (now reduced to 66 spaces but number of apartments reduced from 219 to 189), which is minimal for a development of this scale, and the implications therefore are that future occupants will be dependent on public transport which is to be welcomed.

It is considered that a development of this scale, which will generate a considerable amount of section 106 funds, should be making a contribution towards public transport in order to improve the accessibility of the development.

There has been no travel plan submitted with this application and GMPTE recommends that a travel plan is requested from the developer, particularly as a high proportion of the future occupants will depend on public transport.  It is suggested that this issue be dealt with by condition.

Manchester City Council - no response to date.

Ramblers Association – would have preferred a project providing for a riverside route, and would have endorsed such a scheme.  As it is we have no other comments to make on this proposal.

Peak and Northern Footpaths Society - no response to date

The Greater Manchester Pedestrian Association - no response to date

Open Spaces Society - no response to date

PLANNING POLICY FRAMEWORK

DEVELOPMENT PLAN POLICY

Site Specific Policies: MX1 Development in Mixed Use Areas
Other Policies: ST1 Sustainable Urban Neighbourhoods, ST6 Major Trip Generating Development, ST8 Environmental Quality, ST11 Location of New Development, DES1 Respecting Context, DES2 Circulation and Movement, DES3 Design of Public Space, DES7 Amenity of Users and Neighbours, DES10 Design and Crime, A1 Transport Assessment and Travel Plans, A2 Cyclists, Pedestrians and the Disabled, A8 Impact of the Development on the Local Highway Network, A10 Provision of Car, Cycle and Motorcycle Parking in New Development, E3 Knowledge Capital, EN19 Flood Risk and Surface Water, EN22 Resource Conservation, S1 Retail and Leisure Development Within Town and Neighbouring Centres.

REGIONAL SPATIAL STRATEGY

DP1 Economy in the Use of Land and Buildings, DP3 Quality in New Development, DP4 Promoting Sustainable Economic Growth, Competitiveness and Social Inclusion, UR1 Urban Renaissance, UR2 An Inclusive Social Infrastructure, UR10 Greenery, Urban Greenspace and the Public Realm, SD1 The North-West Metropolitan Area.

DRAFT SUBMITTED REGIONAL SPATIAL STRATEGY

DP1 Regional Development Principles, MCR2 Regional Centre and Inner Areas of Manchester City Region, MCR4 Northern Part of the Manchester City Region

OTHER MATERIAL PLANNING CONSIDERATIONS

National Planning Policy

PPS1 Delivering Sustainable Development, PPS3 Housing, PPS6 Planning for Town Centres, PPG13 Transport, PPG15 Planning and the Historic Environment.

The Exchange, Greengate Planning Guidance

Since the 1980s the City Council has only been able to make limited interventions in the Greengate area to address the ongoing decline of this part of the City.  The combination of Government policy, new landowners, increasing developer interest, the rebuilding of Manchester city centre and, most importantly, the establishment of the Central Salford Urban Regeneration Company means that there is now the opportunity to secure the major transformation of Greengate.

A Development Framework for the area was approved by the City Council in 2005.  The Framework’s overall vision for the Exchange Greengate area is of a new city centre place which celebrates the River Irwell and reconnects Salford and Manchester.  It would be a dynamic mixed use destination in its own right, ensuring that the city centre as a whole continues to grow, contributing to its commercial, residential and cultural offer.

The Exchange, Greengate Planning Guidance was adopted by the City Council in January 2007.  It sets out the guidelines that the City Council will use as a material consideration in determining planning applications in the area.  It establishes a set of principles to ensure an appropriate mix of uses and high design quality in new development.

There are a number of other Supplementary Planning Documents that are also relevant to the determination of this application. These include Design and Crime, Greenspace Strategy, Planning Obligations, Sustainable Design and Construction and Housing Planning Guidance.

PLANNING APPRAISAL

The main planning issues relating to this application are whether the principle of the development in this location is acceptable, whether the application as a whole is of sufficiently high quality to justify approval, whether the height, scale and massing of the buildings are acceptable, whether the development accords sufficiently with both the original approved development framework and the more recently approved planning guidance, the impact of the development on neighbours and on the environment in general, whether there is sufficient car parking and whether the development sufficiently contributes to the provision of open space.

Principle of the Development
The application site lies within policy area MX1 that seeks to create a vibrant mixed use area with a broad range of uses and activities and the policy states that development within the area will be required to support this.  Uses identified as being appropriate for the area include housing, offices, hotels, retail and food and drink uses and cultural uses.  The reasoned justification to the policy states that this part of the City will be increasingly seen as a key quarter of Manchester city centre, with improved physical and functional connections to the rest of the city centre.

Policy ST11 calls for development sites to be brought forward in the correct order.  The four level hierarchy of suitable sites begins with the reuse and conversion of existing buildings followed by previously developed land in an accessible location that is well related to housing, employment, services and infrastructure.  

Policy SD1 of the Regional Spatial Strategy states that development should be focussed within the North-West Metropolitan area, which includes Salford.

Draft Regional Spatial Strategy published in January 2006 proposes a significant increase in the housing requirement in Salford with a threefold increase in the annual requirement for new dwellings from 530 to 1600 per annum.  Whilst the provision of housing is relevant in the consideration of this scheme it should be noted that little weight can be afforded to the draft Regional Spatial Strategy at this time.

National planning policy as contained in PPS3 on Housing is also relevant.  It highlights the need to develop previously developed brownfield sites and where appropriate for higher densities in accessible locations.

Policy EG1 of the Exchange Greengate Planning Guidance expands on policy MX1 and states that the regeneration of Greengate will result in a new and vibrant part of the city centre with a range of functions including commercial, residential, cultural, retail and leisure uses.  It will be characterised by exceptional architecture, high quality public spaces and a distinctive waterside frontage with new connections between the two cities.  It will be an area where there is on street activity and pedestrian life and movement.

Policy EG2 of the Guidance states that the development of Greengate will provide a mix of uses to help create a vibrant and interesting community which has activity during the day and evening throughout the year and which would be expected in a new city centre quarter.

The site is previously developed land and is in a location that is highly accessible to a full range of services and facilities and development is positively encouraged by the recently approved Exchange, Greengate Planning Guidance.  It is therefore considered that the principle of development in this location is both acceptable and desirable.

The proposal includes a mix of residential, office and retail uses and active ground floor uses are provided across the whole ground floor of the proposed development.  It is considered that this proposed mix of uses is acceptable and in accordance with policies MX1 and EG2.

Design - Height, Scale and Massing
In considering the design of the development it is important to note that although the application is in outline, approval is sought at this stage for all matters except for landscaping.

Policy DES1 states that developments will be required to respond to their physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness via a number of factors that include the scale and size of the buildings, their distinctiveness in the street scene, the relationship to existing buildings and other features that contribute to townscape quality, the impact on, and quality of, views and vistas, the potential impact of the proposed development on the redevelopment of adjacent sites and the desirability of protecting existing building lines or allowing discontinuities that may improve or enrich the existing townspace and public space. 

Policy DES2 states that the design and layout of new development will be required to be fully accessible to all people, maximise the movement of pedestrians and cyclists through and around the site safely, be well related to public transport and local amenities and minimise potential conflicts between pedestrians, cyclists and other road users.

Policy DES3 states that where development includes the provision of public space, that public space must be designed to, amongst other things; have a clear role and purpose; reflect and enhance the character and identity of the area; provide an appropriate setting for surrounding developments; be safe, uncluttered and appropriately lit; be of an appropriate scale; connect to established pedestrian routes and; minimise, and make provision for, maintenance requirements.

Policy DES5 states that tall buildings will be permitted where they meet a number of criteria.  Those criteria include that the scale of the development is appropriate to its context and location; that the location is highly accessible to public transport, walking and cycling; that the building would relate positively to and interact well with the adjacent public realm; that the building would be of the highest quality design; that the building would make a positive addition to the skyline and would not detract from important views and that there would be no unacceptable impact on the setting of a listed building or on the character or appearance of a conservation area.

Policy DES11 requires the submission of a design statement with all major applications explaining how the development takes account of the need for good design, the design principles and design concept and how these are reflected in the development’s layout, density, scale and height, the relationship of the development to its site and the wider context and how the development will meet the Council’s design objectives.

Policy EG8 of the Guidance states that the Exchange will take on the established urban form of Manchester city centre with its dense and compact city blocks and regular street grid.  The key principles of the proposed urban structure are set out within the Guidance.  The Guidance states that the indicative heights contained within the document are not prescriptive but are a broad indication of what may be acceptable and that the actual heights considered acceptable will be dependent on a full evaluation of the proposals received.

Policy EG9 states that the city centre’s urban design heritage is characterised by the Victorian and Edwardian approach of using buildings to dominate corners and command the street.  New development  should recognise this characteristic by respecting existing building lines which will normally mean building to the back of pavement and reinforcing corner plots.

Policy EG15 states the Exchange will adopt the street pattern that is set out in the Design Framework.

This outline scheme differs from the proposals outlined in the framework document by providing additional height in the tower proposed on the Trinity Way frontage.  The Guidance though does indicate that this additional height may be acceptable.  The lower building’s height broadly conforms with the approved planning guidance in that it is ten storeys in height in common with other buildings that front on to the proposed new Greengate square.

The proposals differ from the Guidance in that the height of the taller tower has risen from twenty storeys indicated in the Guidance to twenty five/twenty six storeys.  In other parts of the Exchange Greengate area heights have been reduced from those indicated in the Guidance.  Panel has already approved a height of twenty two storeys on the site to the north-west and a height of thirty one storeys on a site one removed from the application site to the south-east.  This variation in heights sets up a logical progression in height from twenty five/twenty six storeys on this site to twenty eight storeys on the adjacent site, where detailed discussions have yet to commence.  

The detailed heights of the two buildings has been the subject of considerable discussion since the application was submitted with the height of the lower building decreasing and the height of the taller building increasing.  It is considered that both buildings are now of optimum height and that the difference in height between these two towers now creates a stronger dialogue between them.  As well as this the detailed siting has been altered so that a suitable riverside walkway has been provided while at the same time maintaining appropriate interface distances between habitable room windows.  The widths of the two buildings has also been reduced to take the building away from the common boundaries in order to increase the width of the important pedestrian route that runs between this site and the neighbouring plots that is the principle pedestrian route from the proposed Greengate square to the river. 

Detailed discussions during the course of the application process have also resulted in improvements to the detailed design of the elevations of the building and it is considered that the buildings will be of the highest design quality.  The proposed materials are also of high quality. 

It is considered that the small increase in height of the taller tower over that indicated in the Guidance is acceptable in this instance and that the proposal is in accordance with the design policies of both the UDP and the Exchange Greengate Planning Guidance

Housing Mix
Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area.  The policy goes on to state that all new housing development will be required to contribute towards the provision of a balanced mix of dwellings within the local area in terms of size, type, tenure and affordability.

Policy HOU1 of the Housing Planning Guidance states that within the Regional centre, the very high level of accessibility, the scale of the existing buildings, and the need to support that areas development as a vibrant city centre location means that apartments will normally be the most appropriate form of housing provision.

Policy HOU2 states that where apartments are proposed they should provide a broad mix of dwelling sizes, both in terms of the number of bedrooms and the net residential floorspace of the apartments.  Small dwellings (i.e studios and one bedroom apartments) should not predominate and a significant proportion of three bedroom apartments should be provided wherever practicable.

The application proposes both a good mix of apartments, with over 56% being two and three bed apartments, and a good size to those larger apartments with all the two bed apartments being well over the required minimum size of 57sq.m.  At 5.8%, the proportion of three bed apartments compares favourably with other schemes in the area and is good, given the percentages of larger apartments outlined above.

I consider that the mix identified above broadly conforms with Housing Planning Guidance, with policy H1 of the UDP and with the Exchange Greengate Planning Guidance.

Affordable Housing
Policy H4 requires that in areas where there is a demonstrable lack of affordable housing to meet local needs, developers will be required, by negotiation with the City Council, to provide affordable housing of appropriate types.

Policy HOU3 of the Housing Planning Guidance requires that on all residential sites over 1 hectare, irrespective of the number of dwellings, or in housing developments of 25 or more dwellings, 20% of the dwellings should be in the form of affordable dwellings.  The policy also goes on to state that a lower proportion of affordable housing, or a lower commuted sum, may be permitted where material considerations indicate that this would be appropriate.  Such circumstances could include where there are low house prices in the immediate area compared to average incomes, where there are exceptional costs associated with the development, where the financial impact of the provision of affordable housing, combined with other planning obligations as set out in the Planning Obligations Planning Guidance would affect scheme viability or where the scheme was substantially developed before the adoption of the Guidance.

Policy HOU4 of the Housing Planning Guidance provides advice on the types of affordable housing and policy HOU5 states that affordable housing provided on site should be integrated into the rest of the development with visual differences between tenures being minimised as far as practicable.

There is a citywide need for affordable housing of 600 units per annum according to an affordable needs assessment undertaken for the City Council.  This need has arisen due to a number of factors that include the rise of house prices when compared to incomes, the increase in those on the housing register, the right to buy scheme and the decrease in the amount of vacant local authority and registered social landlord stock.

No affordable housing is proposed in this instance.  With regard to this issue, a number of factors should be taken into account, including that discussions regarding the development of the Exchange, Greengate area have been ongoing with the City Council for a number of years and that the application was submitted several months before the Housing Planning Guidance was adopted in December 2006.  In addition the Exchange, Greengate area contains a significant amount of public realm and highway works that have to be funded in part by the private developers of sites within the area.  Therefore, it is considered that the lack of affordable housing is acceptable in this instance given the other significant contributions that the developer will make.  A similar position has been taken on other applications already approved by the Panel within the area.

Effects of the development on neighbours
Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity.  Development which would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. 

The closest neighbours to the towers are those in the Abito apartments.  This is an eight storey building that has high floor to ceiling heights making it approximately equivalent to a ten storey building.  It would be faced on the opposite side of Greengate by a ten/eleven storey building.  The Abito building is built up close to its boundaries and all apartments face out on all four sides of the building which has a central atrium.  The proposed development would be just 16m from the Abito building where habitable room windows would face each other.   The Exchange, Greengate Planning Guidance states that the area will take on the established urban form of Manchester city centre with its dense and compact city blocks and regular street grid.  It goes on to state that the generally narrow street widths in Greengate lend themselves to predominantly six storey building heights rising to ten storeys adjoining public open spaces and reducing to three/four storeys around historic buildings.  It is a feature of the Abito building that the whole frontage of each apartment is fully glazed.  It is impossible in these circumstances to achieve the distances that would normally be considered necessary to ensure that there is no significant loss of privacy or overlooking.   The Abito building was developed with the knowledge that it would be at the centre of the Exchange, Greengate development and that neighbouring buildings would be in close proximity.  These distances are considered acceptable.

Internal separation distances within the blocks would be at least 18m which are considered acceptable in this part of the city centre.

Highways, Parking and Circulation
Policy A10, in line with Government guidance, seeks maximum parking standards for all developments.  Within the emerging planning framework and in line with central government advice there is no policy requirement for a minimum level of parking, other than for disabled provision.

Policy DES2 states that the design and layout of new development will be required to satisfy a number of criteria that include ensuring that the development is fully accessible to all people, including the disabled and others with limited or impaired mobility; maximising the movement of pedestrians and cyclists to, through and around the site, through the provision of safe and direct routes; enable pedestrians to orientate themselves and navigate through an area by providing appropriate views, vistas and visual links; enable safe, direct and convenient access to public transport facilities and other local amenities such as retail and community facilities including, where appropriate, the incorporation of a bus route or turning facility within the site; and minimise potential conflicts between pedestrians, cyclists and other road users, for example by incorporating speed reduction measures and through the careful design of car parking areas.

Policy EG4 of the Guidance states that new transport networks and associated developments should achieve a balance between ensuring that it is as easy as possible to get into Greengate whilst minimising the impact on people being able to move around the area itself.  It goes on to state that a major objective is to encourage a switch to public transport to reduce the impact of the car.

There are 66 parking spaces provided as well as 58 secure bicycle spaces and these parking levels are in accordance with policy in this highly accessible location.  The parking levels proposed are considered to be acceptable as a greater level of provision would be contrary to good practice, government advice and planning policy. In terms of highway safety I have no objections to the submitted scheme.  

Sustainability
Policy EN22 states that development proposals for more than 100 dwellings or more than 5,000sq.m of floorspace will only be permitted where it can be demonstrated that:
a) the impact on the conservation of non-renewable resources, and on the local and global environments, has been minimised as far as practicable; and
b) full consideration has been given to the use of realistic renewable energy options, and such measures have been incorporated into the development where practicable.

Policy EG5 of the Guidance states that all proposals for new building within the area should accord with the principles of sustainable development and should make a positive contribution to the delivery of a sustainable environment.

Policy EG13 of the Guidance states that new development should take into consideration the principles of sustainable construction and energy efficiency.  The Guidance goes on to say that all developments should achieve an ideal EcoHomes rating of ‘excellent’ and that if an ‘excellent’ rating cannot be achieved then a minimum rating of ‘very good’ must be achieved and the City Council must be provided with an explanation as to why ‘excellent’ has not been achieved.

The applicant states that the development will achieve a ‘very good’ rating.  As it is the City Council’s policy to seek an excellent rating a condition has been attached in accordance with the above policy.

Open Space Provision
Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments.

The Planning Obligations SPD was approved by the City Council in March 2007.  It usefully points out that planning obligations should satisfy five tests that are set out in Circular 05/2005: Planning Obligations.  Planning obligations should be:
	i) relevant to planning;
	ii) necessary to make the proposed development acceptable in planning terms;
	iii) directly related to the proposed development;
	iv) fairly and reasonably related in scale and kind to the proposed 	development;
	v) reasonable in all other aspects 
The SPD points out that planning obligations that do not meet the tests are not necessarily unlawful but where they are being offered by a developer they should be given very limited weight when determining a planning application.  This is based on the principle set out in Circular 05/2005 that planning permission must not be bought or sold.

The SPD sets out the requirements regarding planning obligations.  This states that there should be a contribution of £1,850 per dwelling plus £598 per bedspace for three bedroom apartments and £1,850 per dwelling plus £658 per bedspace for apartments of two bedrooms or less with £23.50 per square meter of non-residential floorspace.  The applicant has agreed in principle to enter into a legal agreement in accordance with these figures set out in the SPD.  However, the SPD states that lower or higher commuted sums may be appropriate in individual circumstances.  It states that there will be situations where the value of any planning obligation may need to be significantly higher than the average figures set out.  The SPD sets out a circumstance where this might be necessary - where a development would attract a large number of visitors and therefore would need to provide a higher standard of public realm in the surrounding area.

It is considered that the Exchange Greengate area is one where higher levels of contribution are required given the amount and quality of public realm provision that is proposed and the highway improvements envisaged.  It is suggested that a common approach should be taken on all developments within the Greengate area unless circumstances dictate otherwise.  

Having regard to the above, in addition to the sums set out in the Supplementary Planning Guidance, the applicant is, in this instance, contributing significant monies towards public open space within the Exchange Greengate area that represent an approximate 50% increase on top of the figures set out in the SPD.

In order to achieve consistency this approach will be followed on all subsequent applications within the Exchange Greengate area where the sums set out in the SPD will be a minimum contribution made directly to fund the major public realm identified under application 05/53597/FUL and where additional contributions to the approximate value of 50% of the SPD baseline sums will be sought depending on the amount of public realm that is provided within subsequent individual developments so that where little, or no public realm is provided, additional contributions are made direct to the funding, management and future maintenance of the major new public realm areas.

The proposed Heads of Terms for the S106 Agreement are set out towards the end of the report.

Design and Crime
Policy DES10 states that development will only be permitted where it is designed to discourage crime, anti-social behaviour and the fear of crime, and support personal and property security.  Crime prevention measures should not be at the expense of the overall design quality, and proposals will be permitted where they have a hostile appearance or engender a fortress-type atmosphere.

Policy EG14 of the Guidance states that new development should take into consideration the principles of ‘Secured by Design’.

The Police Architectural Liaison Unit has raised no objections but a condition is attached to ensure that the future development meets ‘Secured by Design’ standards.

Objections

a) Lack of creation of New Gravel Lane as envisaged in the Planning Guidance.

The application has been amended so that a strong pedestrian route would be provided from Greengate to the riverside walkway.  Although it would not be in exactly the same position as shown in the Guidance it would perform the function of providing a strong, wide, safe pedestrian route as intended. 

b) Lack of waterside space and public realm.

The application has been amended to increase the width of the major public route between this and the adjacent site that leads pedestrians down to the river.  In addition the width of the riverside walkway has been increased.  It is considered that the walkway provided provides a safe route from the underpass through towards New Bridge Street and provides sufficient public realm bearing in mind the other site constraints that include levels and the importance of maintaining satisfactory privacy distances between habitable room windows.

c) No indication of design quality in the submitted application.

The proposed elevational treatment of the buildings has been given considerable thought and has been amended during the course of the application.  I am satisfied that the detailed design of the buildings is of high quality and appropriate for this important location within the city.

d) The towers will be too tall and overbearing overbearing.  Loss of view/sunlight

The Exchange Greengate Guidance states that taller buildings will be acceptable along the northern and eastern boundary of Greengate creating an identifiable and recognisable skyline in the vicinity of Victoria Station with the tallest buildings adjoining the Station and stepping down again towards the city centre.  It goes on to state that where taller buildings are envisaged, they are anticipated to range in height from twelve to forty storeys.

It is considered that the buildings would not be so overbearing as to have a significant detrimental effect on the amenity of residents of the Abito building who are living within a city centre location where buildings will be in comparative close proximity to each other and while there may be some loss of sunlight experienced that this is not so significant as to warrant further amendment or refusal of the application.

Loss of view is not a material planning consideration that can be taken into account.

e) Too many apartments are being built and there are serious concerns about the long term sustainability of such a large amount of apartment development given such high vacancy rates in other developments.

The approved Housing Planning Guidance states that within the regional centre, the very high level of accessibility, the scale of the existing buildings, and the need to support that area’s development as a vibrant ‘city centre’ location means that apartments will normally be the most appropriate form of housing provision.  The Guidance identifies the Ordsall Lane corridor as offering the opportunity to provide a broader mix.  This approach is consistent with government guidance in PPS3 and PPG13, as well as with UDP policies ST12 and H1, which highlight that the mix and density of dwellings will be controlled having regard to the location and accessibility of the site, and its proximity to jobs and facilities.

Having regard to this policy background it is considered that the Exchange Greengate is an area where 100% apartment provision is appropriate.  The applicant has stated that the development will be phased over a number of years.  The first apartments within the area, the Abito apartments, are being occupied now and soon the Dandara development on Blackfriars Road which is being developed in two phases, will begin to be occupied.  There is confidence that this occupation of the area will continue at a steady pace for many years to the benefit of the area as a whole.  There will always be a certain level of vacancy in any apartment development and it is considered that the best way for the local planning authority to tackle this issue is by making sure that the apartments are appropriately sized in accordance with the Housing Planning Guidance.

PROPOSED HEADS OF TERMS

1.	The developer will pay a financial contribution in accordance with the sums outlined above and set out in the Planning Obligations Supplementary Planning Guidance and which shall include an additional 50% contribution providing a total sum of £1,048,033.  This shall contribute towards public realm, the new junction on Trinity Way and improvements to public transport within the Exchange Greengate area. 

VALUE ADDED TO THE DEVELOPMENT

In accordance with policy H8 and the Planning Obligations SPD, the applicant has agreed to enter into an agreement under Section 106 of the Town and Country Planning Act 1990.  The basis on which this level of contribution is to be made has though been agreed as is described above.  In summary it is the full financial contribution set out in the Planning Obligations Supplementary Planning Document plus an additional approximate 50% contribution on top of this sum.  The total contribution is £1,048,033.  This would largely contribute to the provision of public realm, public transport improvements and highway improvements within the Exchange Greengate area.  The following table sets out in detail the 106 contribution.

Type of contribution		Cost	
Public Open Space	Houses and large apartments (3 + beds) £598 per bed space broken down as follows:

Capital
Sports Pitch Provision	£  49
Equipped Play Space	£243
Amenity Space		£  70
Total Capital Financial Contribution		£362

Maintenance
Sports Pitch Provision	£  73
Equipped Play Space	£123
Amenity Space		£  40
Total Maintenance Financial Contribution	             £236
	 £598 x 44	£26,312	
	Apartments with 2 beds or less
£658 per bed space broken down as follows:

Capital
Sports Pitch Provision	   £ 49
Youth and Adult Facilities £277
Amenity Space	                £  70
Total Capital Financial Contribution		£396

Maintenance
Sports Pitch Provision	  £  73
Youth and Adult Facilities £149
Amenity Space		   £  40
Total Maintenance Financial Contribution	                 £262
	£658 x 445	£292,810	
Public realm, Infrastructure and heritage	£1500 per dwelling
£20 per m2 non-residential floorspace	£1500 x 189
£20 x 813.8	£283,500
£16,276	
Construction training	£150 per dwelling
£1.50 per m2 non-residential floorspace	£150 x 189
£1.50 x 813.8	£28,350
£1,220.70	
Climate change	£200 per dwelling
£2 per m2 non-residential floorspace	£200 x 189
£2 x 813.8	£37,800
£1,627.6	
Sub total	£687,896.30	
Additional 50% public realm contribution	£343948.15	
Sub total	£1,031,844.40	
Plus 2.5% administration fee	£25796.11	
Total	£1,057,640.50	

In addition to the aforementioned contributions considerable improvements have been made to the design of the proposed development during the pre-application and application consideration processes.

These represent considerable added value to the City Council.

CONCLUSION

The main planning issues relating to this application are whether the principle of the development in this location is acceptable, whether the application as a whole is of sufficiently high quality to justify approval, whether the height, scale and massing of the buildings are acceptable, whether the development accords sufficiently with both the original approved development framework and the more recently approved planning guidance, the impact of the development on neighbours and whether there is sufficient car parking.  

The proposals represent an effective use of a previously-developed site within the Regional Centre. The application would assist in securing the redevelopment of what is currently an under-used and generally unattractive site in a highly prominent location within the Exchange, Greengate area.  A broad mix of uses would be proposed within the site and it is envisaged that this development would assist with others in stimulating the redevelopment of other areas within the Exchange Greengate area for similar uses. The mix of uses proposed are consistent with UDP policies MX1, S2, ST11, RSS policies EC8, DP1 and UR1 and the Exchange Greengate planning guidance. Such a mix would create a diverse and sustainable development, which would be appropriate given the site’s location within the Regional Centre. The information submitted with the application indicates that the design of the development would be of a high quality, with significant investment in public realm, open space and infrastructure. The likely impacts on neighbours and on the environment in general have been assessed and, subject to a number of conditions, it is considered that there would be no unacceptable detrimental impact on any interest of acknowledged importance as a result of this application. 

Although the applicants are not proposing to provide any affordable housing within the site a significant financial contribution towards major public open space elsewhere in the Exchange Greengate area will be made. It is considered that the amount of investment involved in such works outweighs the need to provide any affordable housing within the site.

The architects for the scheme have worked successfully to revise and improve the scheme and have created an excellent scheme, now that it has been reduced in size, that is acceptable and accords with the policies of the development plan and the Exchange Greengate Planning Guidance.

RECOMMENDATION:
That Members are minded to grant planning permission subject to the conditions below, and: 

i.	that the Strategic Director of Customer and Support Services be authorised to enter into legal agreements under Section 106 of the Town and Country Planning Act 1990 and Section 278 of the Highways Act 1980 to secure the payment of a contribution to the implementation of environmental improvements in the local area, provision of open space in the local area, and improvements to public transport; and highway improvements respectively;
ii.	that the applicant be informed that the City Council is minded to grant planning permission, subject to the conditions stated below, on completion of such legal agreement;
iii.	that authority be given for the decision notice relating to the application be issued, (subject to the conditions and reasons stated below) on completion of the above-mentioned legal agreement.

Conditions

1.	Standard Condition B01B 

2.	The development of each phase shall not be started until full details of the following reserved matters in respect of that phase have been submitted to and approved by the Local Planning Authority:
	
	a) landscaping

3.	No phase of development authorised by this permission shall take place unless and until the local planning authority has received and approved in writing a site operating statement in relation to provision of permitted hours for construction works, delivery of materials and delivery and collection of equipment, provision and use of on-site parking for contractors' and workpeople's vehicles, wheelwashing facilities, street sweeping for each phase of development and no development or activities related or incidental thereto shall take place on the phase of development in contravention of such site operating statement.

4.	Prior to the commencement of the development of each phase, the developer shall submit a site investigation report for the approval of the Local Planning Authority.  The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters.  The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property.
	
	The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the site investigation survey.  Recommendations and remedial works contained within the approved report for each phase shall be implemented by the developer prior to the first occupation of any unit of accommodation within that phase unless otherwise agreed in writing by the Local Planning Authority.
	
	Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval.  The Site Completion Report shall validate that all works undertaken on site in respect to the relevant phase were completed in accordance with those agreed by the Local Planning Authority.

5.	No phase of development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters for that phase of development has been approved in writing by the Local Planning Authority.  Such scheme shall be constructed and completed in accordance with the approved scheme.

6.	Acoustically glazed units comprising glass of 10mm and laminated 6.4mm with a 12mm air gap (6/12/6.4) shall be installed in all habitable room windows on  faēades that face Trinity Way and the proposed new junction.  The units shall be installed in accordance with the manufacturer's recommendations to avoid air gaps when fitting the frames.  Alternative sound attenuated means of ventilation shall be provided. The applicant shall submit details of the proposed ventilation system to the Local Planning Authority for written approval prior to the commencement of development of each phase.  All such measures shall be implemented prior to first occupation of each phase and retained thereafter.

7.	Prior to the commencement of development the applicant shall submit for the approval of the Local Planning Authority an air quality assessment for the development to assess the existing and future air quality for years 2010, 2020 and opening year with and without the development, for nitrogen dioxide and particles less than 10 microns.  [The Design Manual and Road Bridges (DMRB) will be acceptable for this study.] The assessment should identify the  worst case exposure, changes in pollution concentration  to residents of the proposed development and identify any changes in pollution levels predicted to residents of the proposed development and shall assess the impact of the proposed CHP plant on the proposed and surrounding residential properties. The predicted levels should be compared with the Air Quality Objectives set in the Air Quality Regulations 2000 (Amendment) Regulations 2002. Such mitigating measures relevant to the application shall be implemented in full in accordance with the approved report prior to the occupation of any dwelling.

8.	Details of the fume extraction system or odour abatement plant serving the cooking or/and food preparation areas shall be designed such that there will be no odour or noise nuisance to local premises and shall be approved in writing by the Local Planning Authority prior to the development taking place. The approved system shall be installed and shall be used at all times when the premises are used for cooking or preparing foods. The system shall be maintained and serviced in accordance with manufacturers recommendations.

9.	The rating level (LAeq,T) from all fixed plant and machinery associated with the development, when operating simultaneously, shall not exceed the background noise level (LA90,T) by more than -5dB at any time when measured at the nearest noise sensitive premises.  Noise measurements and assessments shall be carried out according to BS4142; 1997.

10.	Habitable rooms facing or having a view to Trinity Way and Greengate shall be glazed to have sound insulation not less than the following levels:
		Bedrooms	Rw - 36dB	RTra - 29dB
		Lounges	Rw - 33dB	RTra - 26dB
	unless otherwise agreed in writing by the Local Planning Authority.

11.	Acoustically attenuated trickle vents providing sound insulation of at least 40 dBn,e,w shall be fitted to all habitable windows either facing or having a view to Trinity Way and Greengate.

12.	The applicant shall, with regard to television reception in the area containing the application site, provide the City Council as local planning authority with studies that: 
	a) Identify, before each phase of the development commences, the potential impact area in which television reception is likely to be adversely affected by that phase of the development. The study shall be carried out either by the Office of Communications (Ofcom), or by a body approved by Ofcom and shall include an assessment of when in the construction process an impact on television reception might occur. 
	
	b) Measure the existing television signal reception within the potential impact area identified in (a) above before development commences. The work shall be undertaken either by an aerial installer registered with the Confederation of Aerial Industries or by a body approved by the Office of Communications, and shall include an assessment of the survey results obtained. 
	
	c) Assess the impact of the development on television signal reception within the potential impact area identified in (a) above within one month of the practical completion of the development or before the development is first occupied, whichever is the sooner, and at any other time during the construction of the development if requested in writing by the City Council as local planning authority in response to identified television signal reception problems within the potential impact area. The study shall identify such measures necessary to maintain at least the pre-existing level and quality of signal reception identified in the survey carried out in (b) above. The measures identified must be carried out either before the building is first occupied or within one month of the study being submitted to the City Council as local planning authority, whichever is the earlier.

13.	The development hereby approved shall achieve a post-construction Eco-Homes/Building Research Establishment Environmental Assessment Method (BREEAM) rating, or equivalent, of 'very good' or 'excellent', unless otherwise agreed in writing by the local planning authority. A post-construction review certificate shall be submitted to and approved in writing by the local planning authority before any of the buildings hereby approved are first occupied, unless otherwise agreed in writing by the local planning authority.

14.	A scheme for the provision of recycling facilities for the development shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented prior to the occupation of any dwelling and shall be maintained thereafter unless otherwise agreed in writing by the Local Planning Authority.

15.	No development shall be commenced unless and until a lighting scheme for the development has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development.

16.	No development/demolition shall take place until the applicant has secured the implementation of a programme of archaeological work for the development in accordance with a written scheme of investigation that has been submitted by the applicant and approved in writing by the Local Planning Authority.

17.	The development shall not be commenced unless and until a crime prevention plan has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be capable of being accredited by Greater Manchester Police Architectural Liaison Unit under the Secured By Design scheme.  The approved crime prevention plan shall be implemented in full prior to the first occupation of any dwelling and retained thereafter unless otherwise agreed in writing by the Local Planning Authority.

18.	No development shall take place until a scheme for the boundary treatment adjacent to the River Irwell has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include mechanisms to maximise the wildlife value of the site.  Such a scheme shall be completed in accordance with the approved plans.

(Reasons)

1.	Standard Reason R001 

2.	Standard Reason R002 

3.	Standard Reason R005B 

4.	Standard Reason R028B 

5.	To ensure a satisfactory means of drainage in accordance with policy EN19 of the City of Salford Unitary Development Plan.

6.	Standard Reason R024B 

7.	Standard Reason R024B 

8.	Standard Reason R024B 

9.	Standard Reason R024B 

10.	Standard Reason R024B 

11.	Standard Reason R024B 

12.	Standard Reason R005B 

13.	In the interests of resource conservation and environmental sustainability.  This is in accordance with Policy ST14 of the City of Salford Unitary Development Plan 2004-2016.

14.	Standard Reason R024B 

15.	Standard Reason R004B 

16.	To secure archaeology interests on the site in accordance with policy CH5 of the City of Salford Unitary Development Plan.

17.	To ensure the design of the scheme discourages crime in accordance with Policy DES10 of the City of Salford Unitary Development Plan.

18.	To protect/enhance the habitat/amenity value of the River Irwell in accordance with Policy DES6 of the City of Salford Unitary Development Plan

Note(s) for Applicant

1.	This development is subject to the planning obligation entered into by the applicant under Section 106 of the Town and Country Planning Act 1990, prior to the granting of planning permission.

2.	The applicant's attention is drawn to the contents of the attached letter from the Environment Agency.

3.	The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council.