APPLICATION No:	08/55964/FUL

APPLICANT:	Creamline Dairies

LOCATION:	Creamline Dairies Weymouth Road Eccles  M30 8WL  

PROPOSAL:	Erection of two light industrial units

WARD:	Winton

DESCRIPTION OF SITE AND SURROUNDINGS

The site to which the application relates stands at the end of Weymouth Road in Eccles and is occupied by Creamline Dairies. The application site is formed from two separate parcels of land which sit either side of Weymouth Road. To the end of the road, there are a number of light industrial units, however along the majority of the length of Weymouth Road are semi detached dwellings.

The site currently accommodates the offices and ancillary refrigeration space associated with the working of the dairy. The buildings which are on site have been retained to allow the relocation of the retail delivery arm of the business back onto the site should this application fail to gain planning permission.
 
The site is bounded to the north by the M602 motorway.

DESCRIPTION OF PROPOSAL
The proposed development involves the demolition of the now redundant housing for the electric milk floats and the erection of two light industrial units.

There are two units proposed as part of this application, both of which would be located on the northern parcel of land.. One building is located to the western side of the site and one to the east. There is an existing office building on the site which is to remain.

The building to the western part of the site is to be 4 metres in height, 7.8 metres in width  and 29.6 metres in length. The building is to have a monopitch roof. It is intended that this building will house a cold store, storage area and small office.

The second of the two proposed buildings is located to the eastern part of the site. This building is intended to house refrigeration units and loading bays. It is to have five openings large enough for HGVs to reverse into. The building is to be 6 metres in height 15 metres in width, 43 metres in length and 6 metres high to the eaves. It has a flat roof.

In total there are 12 car parking spaces which are split into two groups of six and located to the north and south of the site. The car parking spaces are approximately 15 metres from the proposed buildings. To the southern part of the site is a bike store.

The industrial units are to be located on the northern part of the site to the north of Weymouth Road. 

The application has been submitted due to the existing buildings no longer being needed to house the electric milk floats as this site. The business now has a need for additional refrigeration units to house the milk once it has been produced.

The original proposal involved the creation of a tunnel beneath Weymouth Road running from one side of the site to the other. This element has been subsequently removed from the proposals following concerns regarding the technical construction of the tunnel and the conveyor and the effects this may have upon the highway, and access to other units during construction.

SITE HISTORY
96/35092/FUL – Erection of two buildings to house milk, filling, processing and distribution together with new vehicular access and associated car parking and traffic calming measures – APPROVED

00/40581/FUL Erection of single storey extension to existing offices - APPROVED

CONSULTATIONS
Economic Development
Creamline Dairies are an important employer in Salford and provide an important service to local residents. The development would contribute to the local economy and as such should be supported.

Urban Vision Environment
Have requested that a condition relating to contaminated land is submitted prior to the commencement of development.

Highways Agency
Have stated no objections to the proposal however have requested that conditions are attached relating to works at the motorway embankment and drainage of the site.

PUBLICITY
A site notice was displayed on the 21st February 2008 

The following neighbour addresses were notified:

Bridgewater Metals, Weymouth Road, Eccles, MANCHESTER, M30 8BT, 	
Antonelli Brothers Limited, 54 Weymouth Road, Eccles, MANCHESTER, M30 8FB, 	
T S Hattersley And Son Limited, 63 Weymouth Road, Eccles, MANCHESTER, M30 8TH, 	
46 Weymouth Road, Eccles, MANCHESTER, M30 8WW, 	
48 Weymouth Road, Eccles, MANCHESTER, M30 8WW, 	
50 Weymouth Road, Eccles, MANCHESTER, M30 8WW, 	
52 Weymouth Road, Eccles, MANCHESTER, M30 8WW, 	
55 Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
57 Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
59 Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
61 Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
9 Lulworth Road, Eccles, MANCHESTER, M30 8WP, 	
11 Lulworth Road, Eccles, MANCHESTER, M30 8WP, 	
13 Lulworth Road, Eccles, MANCHESTER, M30 8WP, 	
15 Lulworth Road, Eccles, MANCHESTER, M30 8WP, 	
APR Windows, Weymouth Road, Eccles, MANCHESTER, M30 8BT, 	
B K W, Weymouth Road, Eccles, MANCHESTER, M30 8SH, 	
Unit 3, Bridgewater Park, Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
Unit 2, Bridgewater Park, Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
Unit 1, Bridgewater Park, Weymouth Road, Eccles, MANCHESTER, M30 8NN, 	
Ace Scaffolding, Bridgewater Park, Weymouth Road, Eccles, MANCHESTER, M30 8NW, 	

REPRESENTATIONS
Six letters of objection have been received in relation to the proposal. The following issues have been raised:

•	Increase in traffic visiting the site
•	No parking facilities for employees
•	Increase in disturbance
•	Poor access along Weymouth Road
•	The site is already over developed
•	Increase in litter
•	Devaluation of property
•	Conditions on previous planning applications have not been adhered to 
•	Subsidence of land, affecting people’s homes

In addition to this a petition with 47 signatories has been submitted.

DEVELOPMENT PLAN POLICY
ST3 (Employment Supply)
DES1 (Respecting Context)
DES7 (Amenity of Users and Neighbours)
A2 (Cyclists, Pedestrians and the Disabled)
EN16 (Contaminated Land)
EN17 (Pollution Control)
E5 (Employment Areas)

OTHER MATERIAL CONSIDERATIONS
PPS1 Delivering Sustainable Development
PPG13 Transport
PPS23 (Planning and Pollution Control)

PLANNING APPRAISAL

It is considered that the main issues associated with this application are whether the principle of development in this location is acceptable, whether the proposals would be in keeping with the character of the area, whether there would be any issues of highway safety and whether there would be any significant impact upon residential amenity.

Principle of Development
Policy ST3 of the Adopted Unitary Development Plan requires that a good range of local employment opportunities will be secured by maintaining an adequate supply and variety of land and buildings for employment purposes; existing employment areas are protected and that these areas are increased in their attractiveness and enabling  the diversification of the local economy.

Policy E5 of the Adopted Unitary Development Plan requires that within established employment areas  developments will be permitted where they involve the modernisation and refurbishment of existing buildings, and the redevelopment  of land for employment uses.

The area currently is in an established employment use and at present provides a significant amount of employment for local people. It is considered that the development would assist in retaining the employment use of the site and would further enhance its potential to continue to provide employment opportunities for local people.

The Strategic Director of Economic Development has commented that the development should be supported as the business is an important occupier in Salford and provides a number of employment opportunities and services for to local people. The applicant has provided details of the alternative site for the employment of people who worked in association with the delivery arm of the business, this site is also in Salford and no redundancy will occur as a result of the relocation of this part of the business.

The demolition of the existing buildings and introduction of additional units on the site will allow for further storage, whilst the delivery arm of the business has been located elsewhere in the City allowing diversification of this site in accordance with Policies ST3 and E5 of the Adopted Unitary Development Plan.

Amenity and Design
Policy DES1 of the Adopted Unitary Development Plan requires that developments respect the context of the area within which they are set and respond to the positive physical characteristics of that area.

The site is characterised by low rise industrial units and the proposal involves the erection of two additional light industrial units. It is acknowledged that there are residential properties within the immediate area, however, the proposed buildings would not extend any closer to any of these properties than any other building on the site and would remain within the area currently occupied by industrial/storage units. It is considered that as this part of Weymouth Road is predominantly industrial in nature, the erection of replacement industrial units would not be out of place, and as such the development would be in accordance with Policy DES1 of the Adopted Unitary Development Plan.

The materials to be used for the buildings have been specified as being galvanised panels, however there is no information with regards to whether these would be colour treated and as such a condition has been attached which requires samples of materials to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of Development.

Policy DES7 of the Adopted Unitary Development Plan requires that developments provide an adequate level of amenity for future occupiers of any development and also for the occupiers of other nearby developments.

Policy EN17 of the Adopted Unitary Development Plan requires that developments which would be likely to contribute towards a significant increase in pollution to the air, water, or soil or by reason of noise, odour, artificial light or vibration will not be permitted unless they include mitigation measures commensurate with the scale and impact of the development.

The units would not be highly visible from any residential properties and would be situated within a backdrop of similar existing buildings. It is not considered that there would be any loss of visual amenity to any nearby residential occupiers.

The proposed units are to be for use as industrial units and as such there are no issues of amenity for those occupying the proposed building. There are however residential properties in the immediate area. The development is proposed as a result of the delivery arm of the business being re-located to an alternative site. The applicant has stated that this will result in a reduction of vehicle movement of 53% which equates to just less than half of the existing traffic visiting the site. In addition to this the number of people employed at the site will be reduced from 81 to 43 which equates to a 47% reduction in the number of employees coming to the site. Given that the use of these buildings has already ceased, the reduction in the number of vehicles and employees has already taken effect.

The use of the site is existing, and it is acknowledged that some neighbours may currently experience some issues of amenity, but given that the proposal will reduce the traffic volumes visiting the site it is considered that the amount of disturbance to the nearby residential occupiers would be reduced in accordance with Policies DES7 and EN17 of the Adopted Unitary Development Plan.

Neighbour objections are acknowledged, however it is considered that the dropping of litter is not an issue which can be dealt with through the consideration of this application, as this is an existing problem and there is no evidence to suggest that litter in the area would increase as a direct result of this development taking place. Similarly, the issues of devaluation of property is not a material planning consideration.

Neighbours have also raised the issues of subsidence, conditions on previous planning applications not being adhered to and no parking facilities for employees. In relation to subsidence, this is considered to be a building control matter. The non compliance with conditions on the previous application has been passed to the enforcement team to investigate further. Finally, the applicant has shown that 12 car parking spaces are to be provided on this part of the site and as this does not exceed the maximum car parking standards as set out in the Adopted Unitary Development Plan.

The site is in an accessible location within Eccles and can be easily reached by bicycle or foot from a number of local areas. For these reasons it is considered that the development would be in accordance with Policy A2 of the Adopted Unitary Development Plan.

Highway Implications

Objections have been received in relation to the implications of the development upon the highway, however as previously discussed, the development would allow a reduction in the amount of traffic visiting the site both through deliveries and employees. 

The tunnel element of the proposal has been removed from the application and as such the level of disturbance to the adopted highway would be reduced. Furthermore the removal of the tunnel has reduced the disruption which may be experienced by occupiers of other units at the end of Weymouth Road.

The applicant has indicated on the plans that 12 car parking spaces are to be provided as part of the development and as this does not exceed the maximum number set out in the Adopted Unitary Development Plan and as such is considered to be acceptable.

The Highways Agency have been consulted as the site is adjacent to the M602, however they have no objections to the proposed development subject to conditions being attached which relate to drainage and construction along the motorway embankment. These have been added as conditions to the permission.

Contaminated Land
Given the nature of the site it has been requested that a condition is attached which requires that a Preliminary Risk Assessment is submitted prior to the commencement of development.

VALUE ADDED TO DEVELOPMENT
The applicant has omitted the tunnel beneath Weymouth Road to accommodate a conveyor system from one area of the site to another. It is considered that this has simplified the proposals and has reduced the disruption to the occupiers of other units further along Weymouth Road. In addition to this the impact upon the adopted highway would be reduced.

CONCLUSION
In conclusion it is considered that there would not be a significant increase in traffic volumes or on street parking, there would be no significant impact upon highway safety or visual amenity and the residential amenities of nearby occupiers would not be detrimentally affected by the development. The location of the development is considered to be acceptable as it is an established employment area and as such the development would seek to achieve the objectives of the Adopted Unitary Development Plan in terms of employment land.

The development is considered to be of a scale which is appropriate, and would not have any significant impact upon the existing conditions in the area.

RECOMMENDATION:

Approve Subject to the following Conditions

1.	Standard Condition A03 

2.	Standard Condition AD03 

3.	Standard Condition AT01 

4.	Notwithstanding the details of the submitted plans, prior to commencement of development a revised parking layout shall be submitted to and approved in writing by the local planning authority. The revised layout shall include a maximum of 12 car parking spaces including 1 space that satisfies disabled car parking standards.  The approved layout shall be marked out and made available for use prior to first occupation of the development hereby approved and shall be retained thereafter.

5.	Standard Condition AQ04 

6.	No works shall take place on or adjacent to any motorway embankment that shall put any embankment or earthworks at risk

7.	No drainage from the proposed development shall run off into the motorway drainage system.

(Reasons)

1.	Standard Reason R000 

2.	Standard Reason R004B 

3.	Standard Reason R028B 

4.	Standard Reason R026B 

5.	Standard Reason R005B 

6.	Standard Reason R026B 

7.	Standard Reason R026B 

Note(s) for Applicant

1.	No works shall take place on or adjacent to any motorway embankment that shall put any embankment or earthworks at risk

2.	No drainage from the proposed development shall run off into the motorway drainage system nor shall any such new development adversely affect any motorway drainage.

3.	The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works.   Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk

APPLICATION No:	08/56074/FUL

APPLICANT:	Mr Laurence Werner

LOCATION:	Weaste United Reformed Church Weaste Lane Salford    

PROPOSAL:	Erection of a part 3 storey and part 4 storey building comprising 19 apartments together with associated car parking and construction of new vehicular and pedestrian accesses together with proposed lift and 1 parking space (amendments to planning permission 06/53428/FUL)

WARD:	Weaste And Seedley

DESCRIPTION OF SITE

This application relates to the former site of the United Reformed Church, which has been demolished.  The site is triangular in shape and is located at the junction of Weaste Lane and Weaste Road which is where Tootal Road and Liverpool Street meet.  The site is open to long views from Tootal Road, Liverpool Street and Weaste Lane. Surrounding uses are mainly two/three storey residential houses. All Souls Church is located on the opposite side of Liverpool Street.  

DESCRIPTION OF PROPOSAL

Planning permission is sought for the erection of an apartment block containing nineteen two-bedroom apartments. The application is an amendment to a previous application reference 06/53428/FUL, which was granted planning permission on 2nd November 2006. The development is currently under construction and therefore permission is being sought for the whole development including the proposed amendments.

The proposed apartment block would wrap around the corner of the site, with the four-storey element forming a strong visual feature at the junction.  Going south down both Weaste Road and Weaste Lane the building reduces in height to three storeys, providing a built mass that reflects the ridge height of the existing dwellings around the site. The proposed building has a modern design and would be constructed out of brick with areas of white render and silver cladding. 

Vehicular access to the site would be off Weaste Road. 17 off-road parking spaces, including two that are suitable for use by disabled persons would be provided.  A secure cycle lock-up area is also proposed which would accommodate 8 cycles.

It is proposed to provide an area of amenity space 12.5m by 5.5m in the form of a roof garden, which would be located at the southern end of the element that runs along Weaste Road. The occupiers of two of the apartments located on the fourth floor would also be provided with private balconies. 

The key difference between the two proposal are:
•	The erection of a lift on the western elevation internally within the site
•	The addition of one car parking spaces
•	Bin storage provision within the site
•	Cycle storage provision within the site

SITE HISTORY

In October 2003 an application for the erection of 17 apartments was submitted (Ref - 03/47216/FUL). This application was withdrawn in January 2004.

In June 2004 an application for the erection of 17 apartments was submitted (ref 04/48454/FUL). This application was approved in October 2004.  

In August 2006 an application for the erection of 19 apartments was submitted (ref 06/53428/FUL). This application was approved in November 2006.  

PUBLICITY

A press notice was published on the 20th March 2008

A site notice was posted on the 9th April 2008.

The following neighbour addresses were notified:

37 to 63 (odd) Weaste Road
30 to 34 (even) Weaste Road
1 to 11 (odd) Calvert Street
250 to 274 (even) Weaste Lane
619 Liverpool Street
4 to 8 (even) Park Bank
All Souls Church and All Souls Presbytery
2 and 4 Tootal Road
37 Meadowgate Road

CONSULTATIONS

Environment Agency – no comments to date
UU Environment – No objections, subject to conditions
Architectural Liaison Officer – no comments to date
United Utilities – no objections

REPRESENTATIONS

I have received no letters of representation / objection in response to the planning application publicity.  

Planning Policy Framework

UDP
Site specific policies: None
Other policies: H1 – Provision of New Housing Development
DES1 – Respecting Context
DES7 Amenity of Users and Neighbours
DES11 – Design and Crime
A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments
ST11 - Location of New Development
H8 - Open Space Provision Within New Housing Development

Regional Spatial Strategy
SD1 - The North West Metropolitan Area
DP1 – Economy in the Use of Land and Buildings

Draft submitted Regional Spatial Strategy
Site specific policies: none
Other policies: DP1: Regional Development Principles
         		 L4: Regional Housing Provision

OTHER MATERIAL PLANNING CONSIDERATIONS

PPG/PPS
Planning Policy Statement 1: Delivering Sustainable Development
Planning Policy Statement 3:  Housing

There are a number of Supplementary Planning Documents, which are also relevant to the determination of this application. These include Design and Crime, Trees and Planning Obligations, Design and Sustainable Design and Construction.

The Housing Planning Guidance does not form part of Salford’s Local Development Framework but as it is adopted as council policy, it is a material consideration in the determination of planning applications.

PLANNING APPRAISAL

The main planning issues relating to this application are: whether the principle of the proposed development is acceptable; whether the design of the development is acceptable: whether there would be a detrimental impact on residential amenity; whether the proposed level of parking is acceptable; and whether the proposal complies with the relevant policies of the Adopted Unitary Development Plan. I shall deal with each of these issues in turn.

Principle – 

Policy DP1 seeks to ensure that development makes the most efficient use of land.  

Policy H1 states that the Council will endeavour to ensure that the city’s housing stock is able to meet the housing requirements of all groups within Salford.

Policy ST11 advocates a sequential approach to development with sites involving the reuse and conversion of existing buildings been the preferred location of development, followed by previously developed land with Greenfield sites last. 

The site has already been substantially developed and hence is a brownfield site and consequently the proposals to redevelop the site are in accordance with Policy ST11. There is an extant permission on this site 

The Housing Planning Guidance states that in this area of Salford, new developments should provide a broad mix of dwelling types. It goes on to say that apartments should only be the most prominent form of provision in the most accessible locations within central Salford. 

The site is located within a predominantly residential area and therefore there are no in principle objections to the use of the land for residential purposes. There is an extant permission on the site for the erection of apartments which takes precedent. In light of this it would be unreasonable to refuse the application on policy grounds and the proposed apartment scheme is considered acceptable.

Design –

Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials.

The proposed building would be a modern structure with a flat roof. It would respect the established building lines on Weaste Road and Weaste Lane, wrapping around the site in order to make the most of the triangular nature of the site. The building would therefore be prominently located at this junction. It would be four stories in height at the junction of Weaste Road and Weaste Lane reducing to three stories going south down both Weaste Road and Weaste Lane. There are a mix of two and three storey pitched roof properties in the vicinity of the site in this context the modern, flat roofed, design of the building, its scale and massing is comparable to that of the neighbouring three storey units. It is therefore considred that the building would not be at odds with the massing of the street scene.

The brick elements proposed, which would form the greater part of the visible structure, would match the materials of the houses in the immediate area, in terms of colour and texture. The white render and silver cladding elements contribute to the modern design and distinctiveness of the proposal, which would add interest to the street-scene.  

This proposal includes a proposed lift that would be erected on internally the east elevation. This is the only physically change to the building and as this is erected internally within the site the elevations along Weaste Road and Weaste Lane would not differ from those approved in application 06/53428/FUL.

The site is currently under construction and the materials to be used in the development have been approved by the Local Planning Authority. A condition has been suggested listing the materials originally approved which will ensure the development continues to be built in accordance with these approved materials.

Amenity -

DES7 states that development will be required to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users.

The nearby properties on Park Bank are set at an angle to the proposed development site and consequently it is considered that the residential amenity currently enjoyed by occupants of these properties would not be adversely affected by the proposed development as the proposed building would be located at least 13m from them. 

There would be facing habitable room window-to-window separation distances of between 18.2m and 18.6m to the properties at 49 to 61 Weaste Road. The application site is somewhat constrained in shape and it would be very difficult to achieve a suitable residential scheme which would achieve greater separation distances. Given the regeneration benefits of this development and the fact that an 18m separation between the two sets of properties was deemed to be acceptable under the previous application 06/53428/FUL it is considered given previous consent decision should not be in the balance this time despite being short of the 21m separation normally required the distance between the two sets of buildings would be sufficient to ensure that existing and future occupants enjoy a satisfactory level of amenity.  

There would be a distance of 15.6m between the blank, three-storey gable end of the proposed apartment block and the habitable room windows contained within the gable end of 34 Weaste Road. It is therefore considered that the proposed apartment block would not form an overbearing structure nor would its presence result in the occupants of 24 Weaste Road experiencing a significant reduction in the light received in their habitable rooms. 

The property at 250 Weaste Lane does not have any habitable room windows in the gable end and consequently the occupants of this property would not experience a reduction in the residential amenity they can reasonably expect to enjoy. 

Future occupants of the proposed dwellings would be provided with a reasonable amount of useable amenity space as a lawned roof garden of approx.12.5m by 5.5m would be provided. The roof garden would be located on the roof of the element fronting Weaste Road, set back 1.5m from the edge of the building. The occupiers of two of the apartments located on the fourth floor would also be provided with private balconies, one running flush with the edge of the building fronting onto Weaste Road the other fronting Weaste Lane, set back 1m from the edge of the building. Given that the garden would be set back from the edges of the building, it is considered that the introduction of these amenity areas does not raise any issues with regards to overlooking of neighbouring properties. A condition has been added requiring details of the boundary treatment to the proposed roof garden and balconies to be submitted to the Local Planning Authority within a month of date of the permission.

Car Parking - 

Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. 

Due to the incorporation of a lift into the scheme this has resulted in a change to the car parking layout.

Seventeen car parking spaces would be provided including two that are suitable for disabled persons. This equates to 89% provision. The application site is well located in terms of public transport and therefore the proposed level of car parking is acceptable. The proposed car parking and access would be laid out in such a way that there are no objections to the proposed development on highway safety grounds.

Open Space

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

In accordance with the above policies, the applicant entered into a 106 agreement in the previous application. A sum of £30,780 was contributed towards the provision and maintenance of open space. The sum of money was calculated using the bedspace calculations. This has been superseded by the Planning Obligations SPD. However because there is extant permission on the site and this application proposes only minor amendments to the original scheme, it has been decided that it would be unreasonable to amend the figure in line with the Policies in the Planning Obligations SPD. Therefore the contribution the developer will have to make will remain the same as in the previous application, £30,780. This will be secured through new legal agreement. It is therefore considered the proposal would be in accordance with Policy H8.

CONCLUSION

In conclusion, I consider that the proposed amendments are minor in scale and would significantly alter the scheme originally approved in application 06/53428/FUL. The proposal complies with the relevant policies of the Adopted UDP and there are no material considerations that outweigh this finding. I therefore recommend that the application be minded to approve the application and give authority to the Director, subject to completion of Section 106.

RECOMMENDATION

Approve Subject to the following Conditions and that;

I.	The Strategic Director of Customer and Support Services be authorised to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the repayment of improved local open space/play equipment. 

II.	The applicant be informed that the Council is minded to grant planning permission, subject to the conditions stated below, on completion of such legal agreement;

III.	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;

IV.	Authority be given to refuse the application if the applicant fails to complete the S106 within a reasonable period on the grounds that the proposals do not support the aim and objectives of PPS1 Delivering Sustainable Development. 

Conditions

1.	Standard Condition A03 

2.	The development hereby approved shall be treated carried out using the following materials unless otherwise agreed in writing by the Local Planning Authority
	
3.	The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority within a month of the date of this permission.  Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months; of the date of this permission and thereafter shall be maintained to the satisfaction of the Local Planning Authority.  Any trees or shrubs dying within five years of the initial implementation of the planting scheme shall be replaced to the satisfaction of the Local Planning Authority.

4.	Within a month of the date of this permission an assessment of noise likely to affect the application site shall be submitted to and approved in writing by the Local Planning Authority. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network including including Liverpool Street, Tootal Road and Weaste Lane. The assessment shall identify all noise attenuation measures and alternative methods of ventilation to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. The approved measures shall be implemented in full prior to the first occupation of any of the apartments hereby approved and retained thereafter.

5.	No further development approved by this permission shall be commenced until a preliminary risk assessment on the potential for on site contamination has been undertaken and agreed by the Local Planning Authority.  If the preliminary risk assessment identifies potential contamination a detailed intrusive site investigation then prior to the commencement of development, 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 contamination and ground gases on the site and its implications on the risk to human health and controlled water receptors as defined under the Environmental Protection Act 1990, Part IIA. The investigation shall also address the health and safety of the site workers, also nearby persons, building structures and services, landscaping schemes, final users on the site and the environmental pollution in ground water. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the survey, and recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site.  A site completion report including details of post remediation ground conditions for the site shall be completed and submitted to the Local Planning Authority prior to occupation of the site.

6.	No external lighting shall be installed unless and until a scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter in accordance with the approved details.

7.	The finished floor levels shall be 300mm above adjacent road level unless otherwise agreed in writing by the Local Planning Authority.

8.	Prior to the first occupation of the apartment buildings hereby permitted the 18 car parking spaces shown in the approved plan 5118-C-000 shall be provided within the curtilage of the site. The spaces shall be made available at all times whilst the premises are in use.

9.	Prior to the first occupation of the apartments hereby permitted, the new vehicular access to the development, as shown in drawing 5118-C-000, shall be provided.

10.	Within a month of the date of this permission details of the position, height and design of the proposed boundary treatments to the roof garden and third floor balconies shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such thereafter.

11.	The proposed development should be carried out in accordance with the Site Operating Statement submitted to the Local Planning Authority on the 6th May 2008. No development or activities related or incidental thereto shall take place on the site in contravention of the site operating statement.

(Reasons)

1.	Standard Reason R000 

2.	Standard Reason R004B 

3.	Standard Reason R004B 

4.	Standard Reason R024B 

5.	Standard Reason R024B 

6.	Standard Reason R004B 

7.	In order to reduce the risk of flooding in accordnace with Policy EN17 of the Adopted Unitary Development Plan.

8.	Standard Reason R026B 

9.	Standard Reason R026B 

10.	Standard Reason R004B 

11.	Standard Reason R005B 

APPLICATION No:	08/56206/FUL

APPLICANT:	A Palmer Limited

LOCATION:	Former UK Petroleum Mode Wheel Road South Salford    

PROPOSAL:	Change of use of site to form waste recycling facility including erection of office building, extended workshop for vehicle/plant storage and maintenance, storage shed, erection of new access and new access gates, fencing, fuel tank, lighting and ancillary development.

WARD:	Weaste And Seedley

DESCRIPTION OF SITE AND SURROUNDINGS

The site comprises a rectangular lot located on Mode Wheel Road South in Weaste. The site is located on an industrial estate and is sandwiched between a taxicab repair/ wreckers yard to the north and an aggregates facility to the south, Weaste Cemetery is located to the rear (east) of the site.

The site is not located close to any residential properties, the nearest residential properties being located some distance away on Kintyre Avenue to the north east (approximately 160m) and Borough Road to the north west (approximately 220m).  

The site is in the main a hard standing area which is bordered by a mixture of palisade and concrete fencing to the adjoining properties with a minimum height of 2.2 metres, this includes 3m concrete panel fencing to the southern boundary, and 3m high fencing/walling to the rear with Weaste Cemetery. The remainder of the site is bordered by 2.2-2.4m high palisade fencing.  

The site is currently vacant and in poor condition, with the only original building on site (which in this application is proposed to be used for a workshop/vehicle repair) in a derelict condition. 

Construction has started on the site however to implement a permission previously granted for the buildings proposed on the site. The permission granted relates to three building which includes a storage shed to the rear of the site, a two storey office/administration to the front of the site, and the repair, alteration, and extension of the workshop building on site.

It is proposed to implement in full all of these buildings in this application, with the only difference being external alterations in terms of replacement and repositioning of shutter doors to the extended workshop building was approved in the previous application. 

Of the buildings approved in the previous application, the two storey office building to the front of the site has already been completed.

A temporary fence has been erected adjacent to Mode Wheel Road South to prevent fly tipping. 

DESCRIPTION OF PROPOSAL

The former use of the property was as a petroleum depot.

It is proposed to change this use to that of a recycling facility, the site will also serve as a depot for the operation of the applicants business which includes a sister site at Weaste Quarry where final processing of material is carried out. The site will also serve for the maintenance and storage of vehicles in connection with the operation of the applicants demolition/recycling business.

The recycling aspect of the site will comprise a 24 hr facility for the storage and processing materials resulting from demolition and emergency works within the city, it is also proposed to recycle non-hazardous inert material arising from construction, demolition and excavation works comprising natural soils and construction waste (CDEW). It is anticipated that there will be approximately 40 HGV movements a day (in and out)

The deposited materials will be in the majority be green waste, soils, timber, paper, metals, plastics, textiles and hardcore. It is proposed to deposit and store the material in the open-sided storage shed provided, with additional overspill storage in a designated areas located outside of the building. 

This material will generally be hand-sorted, with some use of mechanical screening, with useful materials removed and made available for re-sale and re-use. The recycled material will be stored in segregated storage bins/skips which will be made available on site. The remaining waste will be bulked up and transported off site to the operator’s sister facility at Weaste Quarry for further processing.

It is proposed to process up to 40,000 tonnes of material per annum 

It is noted that all the buildings proposed to be erected in this application have received permission previously (under planning permission reference 06/52934/FUL) and therefore this decision accords significant weight to the actual consideration of the buildings proposed on site in this application. There is a however additional development on the site which is discussed further below.

There is a completed two-storey office building to the front of the site which has been constructed under the previous permission granted, this comprises a brick-built structure with a hipped, tiled roof. The frontage of this building faces into the site itself with a blank brick wall presented to Mode Wheel Road South (to the west of the site). 

There is a large, open sided storage shed to be constructed to the rear of the site, adjacent to the premises with Weaste Cemetery, the frontage of this structure will face into the site and will be constructed with profiled metal sheet cladding. The storage shed has a capacity of 500 tonnes, and it is proposed to store unsorted material within this shed. 

There is an existing workshop building towards the rear and south of the site which is proposed to be re-clad, altered and extended. The extension will be brick built single storey with a pitched roof and will form mess-rooms and a small office. The main workshop building will have roller doors fitted to the west (front) elevation, with openings in the side of the existing building made up.

The workshop building and area to the south of the site will be used to accommodate the companies vehicles in terms of maintenance and night time parking. A fuel storage tank will be made available on-site and will be located adjacent to the southern boundary.

It is proposed to install high pressure sodium lighting to the buildings within the yard to allow safe usage of the facility outside of daylight hours.

The site as a whole will be paved as necessary and have parking spaces provided adjacent to the office building to the front of the site, including a disabled parking space. 

It is proposed to install new 2.4 metre high paladin, mesh type fencing to the front of the site including 2, 6 metre wide sliding gates, one of which will be to a new access which is to be formed towards the southern end of the site onto Mode Wheel Road South. 

3m high palisade fencing is to be installed to the north and south boundaries of the site, with a 2.4 metre high palisade fence installed adjacent to the wall to the rear of the site, which forms the boundary with Weaste Cemetery. There is to be no physical connection with the wall. All of the fencing will be coloured green.  

Within the site a 1.5 metre concrete pusher wall will be installed which will form part of an area for the temporary storage of waste, where a maximum of 300 tonnes of temporary storage will be located awaiting processing. The height of this open storage will be a maximum of 3 metres. 

To the north boundary of the site, 6 storage bins/skips will be located for the sorted materials, and there will be a segregated area for the storage and quarantine of material brought to the site outside of normal processing hours. 

This quarantine area will have a 1.5 metre high pusher wall installed adjacent to the boundary with the vehicle repairers/ wreckers to the north to prevent migration of materials on the adjacent site, the maximum height of material stored within this area will be 2 metres 

There is also a self-contained fuel storage tank proposed adjacent to the southern boundary of the site.

It is proposed to use the site as a 24 hr facility for the storage and processing materials resulting from demolition and emergency works within the city it is also proposed to recycle non-hazardous inert material arising from construction, demolition and excavation works comprising natural soils and construction waste (CDEW). It is anticipated that there will be approximately 40 HGV movements a day (in and out)

It is proposed to store the material in the open-sided store (previously approved on site), with additional overspill storage in a designated area(s) located outside of the building. 

The deposited materials which in this case will be in the majority be green waste, soils, timber, paper metals, plastics, textiles and hardcore. These will generally be hand-sorted, with some use of mechanical screening, with useful materials removed and made available for re-use. The remaining waste will be bulked up and transported to Weaste Quarry for further processing.

It is proposed to process up to 40,000 tonnes of material per annum 

SITE HISTORY

06/52934/FUL : Demolition of fire damaged offices and erection of two storey office building, single storey office extension, raise roof to workshop, erection of a storage shed and 2.4m high palisade fencing : Approved 

07/55421/FUL : Change of use from light industrial use to a waste recycling depot : 
Withdrawn

CONSULTATIONS

Environment Agency – Have no objections to the proposal and have recommended that a contaminated land condition is added to any approval given, and recommended that an informative be added regarding any storage of oil on the site. 

Health and Safety Executive – Do not advise against the granting of planning permission on safety grounds.

UV Environment  (Waste) – Have commented that appropriately located facilities for Construction and Demolition waste are welcomed, and that the authority may wish to clarify the hours of operation with regards to processes taking place on site. They have also noted that the applicant intends actions to minimise dust from external sorting and waste movement operations, and that Council should consult with Environmental Health with regard to noise.

UV Environment (Noise) – Have noted that there is sufficient distance to nearest residential properties (160m away) and screening between these two areas. Have recommended that an acoustic barrier should be used to mitigate the effects of the dumping of material within the 24hr operation of the site.

They have noted that the applicant has stated that processing will be done within normal daytime working hours with mitigation being carried out in accordance with health and safety legalisation (the use of camera systems within vehicles) They have no objections in regard to either noise or air quality.

UV Environment (Contaminated Land) – Recommend that a contaminated land condition is added to any approval given.

PUBLICITY

2 site notices were posted on 25th March 2008
A press notice was displayed in the Advertiser 

The following neighbour addresses were notified:

Howard House, 11 Daniel Adamson Road, Salford M50 1DT
Energi House, Daniel Adamson Road, Salford M50 1DT
William G Search Limited, Daniel Adamson Road Salford M50 1DT
Aggregate Industries Limited UK  Limited, Mode Wheel Road South, Salford M50 1DG
Pickerings Plant Limited, Mode Wheel Road South, Salford M50 1DG

Additional Letter served on taxicab repair business, immediately to the north of the site 25.03.08

Amended Plan/Description Notices were sent/served to the above properties on 25/04/08

REPRESENTATIONS

None Received

DEVELOPMENT PLAN POLICY

UNITARY DEVELOPMENT PLAN

Site specific policies: Unallocated 
Other policies:

ST16 : Sustainable Waste Management

W1 : Waste Management  
EN17: Pollution Control
DEV4: Development Close to Hazardous Uses
CH6: Parks and Gardens of Historic Interest

DES1 : Respecting Context
DES 8 : Alterations and Extensions
A8: Impact of development on the highway network
A10: Provision of Car, Cycle and Motorcycle Parking in New Developments

OTHER MATERIAL CONSIDERATIONS

PPS 10 : Planning for sustainable waste management 
REGIONAL SPATIAL STRATEGY
EMERGING REGIONAL SPATIAL STRATEGY

PLANNING APPRAISAL

The main planning issues relating to this application are;

•	The principal of development 
•	The impact of the development in terms of amenities of the locality and neighbours in terms of noise, disturbance and air pollution, 
•	The visual impact of the development proposed and
•	The impact of the development on the surrounding highway network

Principal

National Guidance

PPS10 : Planning for Sustainable Waste Management sets out the Government Strategy of moving waste up the ‘waste hierarchy’ of reduction, re-use, recycling and composting, using waste as a source of energy and only disposing as a last resort. 

Regional Guidance

REGIONAL SPATIAL STRATEGY

Policy EQ4 – Principles Governing a Regional Approach to Sustainable Waste Management requires disposal authorities to, as a matter of priority, work with all stakeholders to significantly reduce the volume of waste going to landfill by promoting waste minimisation priorities.

Waste management options should be based on the waste hierarchy that advocates waste minimisation, then re-use, then recycling, composting and energy recovery, where recycling and composting options are not appropriate.  Disposal should only be considered if none of the former options are viable.

The best practicable environmental option for each waste stream should be adopted.

Waste should be managed as near as possible to its place of production to minimise the environmental impact of transporting waste in accordance with the proximity principle.

Policy EQ5 – A Regional Approach to Waste Management requires waste management options to compromise an appropriate mix of solutions including the increased use of centralised recycling facilities.  It also requires waste disposal authorities to establish clear frameworks for the provision of appropriate waste management in their areas.

Policy EQ6 – Waste Management Facilities requires major new waste management proposals to adopt a sequential approach to meeting development needs as set out in UDP Policy ST11.

EMERGING REGIONAL SPATIAL STRATEGY

DP1 – Regional Development Principles requires proposals and schemes to be located so as to make effective use of land, buildings and infrastructure in accordance with the sequential approach to development.  Proposals should reduce the need to travel by making key facilities available locally, demonstrate excellence in design quality and sustainable construction.  

EM10 – A Regional Approach to Waste Management requires proposals deliver sustainable new waste management infrastructure that reduces harm to the environment (including reducing impacts on climate change) and improving efficiency of resources.  Plans and strategies are required to incorporate provisions to deliver the principles set out in the National Waste Strategy, PPS10 and the objectives and targets of the Regional Waste Strategy.

EM11 – Waste Management Principles requires proposals to promote more effective forms of waste management by reducing the growth in the amount of waste produced in the region, make the most of opportunities to reuse waste products, encourage recycling and composting, recover energy from waste that is not recycled maintain sufficient landfill capacity for residual waste once it has been treated and recovered.

EM12 – Proximity Principle requires waste planning authorities to work towards regional and sub-regional self-sufficiency.  Waste facilities should be sited as close to the source of the waste as possible in order to satisfy the proximity principle and to avoid the unnecessary transportation of waste over long distances.

Unitary Development Plan

Policy ST16; Sustainable Waste Management states that waste management development will be required to not prejudice movement up the waste hierarchy, treat waste as a resource wherever practicable, take advantage of opportunities to co-locate facilities together with complementary activities and reflect the needs of communities, businesses and waste disposal authorities.

Policy W1; Waste Management states that planning permission will be granted for development involving waste management unless it would;

•	be inconsistent with the principle of seeking to dispose of waste according to the sequence set out in the waste hierarchy  (being; reduction, reuse, recycling, composting, use of waste for energy production and disposal)(Policy ST16)
•	have an unacceptable impact on health, residential amenity of the amenity of any other environmentally sensitive uses (such as schools, hospitals, nursing homes, and similar institutions, or open space used frequently for recreational purposes), in terms of visual impact, noise, smell, vermin, dust, vibration, traffic, access arrangements, air pollution, hours of operation or other nuisance
•	have an unacceptable impact or cause significant harm to, the water environment, water resources, surface or groundwater levels or flows
•	have an unacceptable impact on the highway network, in terms of access, traffic generation, safety or the free flow of traffic.
•	Not make satisfactory provision for screening and landscaping of the site whilst it is being used for waste management.

The proposal meets with the provisions of policy ST16 in that the facility will actively encourage the reduction of waste to landfill through separation and recycling/recovery of materials received. 

The proposal is located within an industrial area amongst uses that are considered consistent with the use proposed here including vehicle repair / wreckers, plant / equipment hire businesses and aggregates producers and sellers. 

The facility is located close to a sister operation at Weaste Quarry (where remaining fractions are to be processed) which will promote synergy and sustainability of operations.

For the above reasons, it is considered that the development is in accordance with PPS 10 Planning for Sustainable Waste Management, the existing and emerging regional spatial strategy, Policy ST16 and the first provision of policy W1.  

Issues relating to amenity and further provisions of policy W1 are discussed below.

Amenities of the locality in terms of noise, disturbance and air pollution.

Policy EN17 states that development proposals that would be likely to cause or contribute to a significant increase in pollution to the air (including dust pollution), water or soil, or by reason of noise, odour, artificial light or vibration will not be permitted unless they include mitigation measure commensurate with the scale and impact of the development.

When assessing proposals, particular regard will be had to the proximity of the development and its effect upon environmentally sensitive uses, buildings, features, areas and considerations such as; housing, schools, areas of open space used frequently for recreation purposes; industrial processes and facilities infrastructure that require specific operation conditions; the landscape

Consideration will also be given to the cumulative effects of pollution, having regard to the effects of existing development and any balancing effects of the development.

Noise / Disturbance

The proposed site is located within an industrial context with the closest neighbours being heavy aggregates industry to the south, a taxicab repair/wreckers business to the north and plant compound across Mode Wheel Road South. 

To the east of the property lies Weaste cemetery, which provides a significant buffer zone with residential properties on Kintyre Avenue and a school approximately 70 metres away. The cemetery and properties beyond will be largely screened from activities proposed on the site, by the buildings on site which will form a near-continuous strip along the eastern boundary. 

The nearest residential properties are located 160m away, and are out of sight of the operations proposed in this application.

The applicant proposes an element of 24hr use to the site, this is however a contingency for emergency recovery of materials, in the event of fire or collapse of buildings outside of normal work hours. This will involve only the deposit of materials, which would subsequently be processed within normal working hours.

The applicant has confirmed that these emergency activities will at the most be once a week, and that there are likely to be between 6-8 loads involved as part of this operation. As a whole, 80% of activities taking place at the site will be from Salford with the remainder from Greater Manchester

Whilst it is acknowledged that it is difficult to control an activity that in effect will be intermittent, it is considered that such recovery of materials outside of working hours is likely to be relatively uncommon occurrence, and in view of the sites relative isolation from adjacent noise-sensitive uses, and proximity to other 24 hour uses including the aggregates/road surfacing facility to the south, it is considered that the impact of any out-of hours deposit of materials will be minimal, particularly as the approach road to the site from Eccles New Road along James Corbett Road passes through largely industrial areas.

UV Environment have suggested that an acoustic barrier could be used to the northern and eastern boundaries of the site which would be at the height of the fencing on these boundaries (3-3.6m). The storage shed to be located on the site will act as a shield for noise transmission towards the east boundary, but an acoustic barrier will be recommended to be installed on the north boundary of the site, in the interests of preventing noise transmission on connection with the 24hour use of the facility. 

All mechanical equipment and plant will be fitted with silencers to reduce noise, it is stated that the only plant and equipment to be used at the site will be a wheeled loading shovel, small screening plant and a road sweeper. A condition will be added to this effect to prohibit the use of heavier equipment for example, crushing equipment which may give rise to significant noise levels. The applicant has also stated that vehicle reversing alarms will be fitted with Health and Safety alternatives, which will comprise camera systems fitted to the vehicles.

In view of the location of the site and the measures proposed above, it is not considered that noise or disturbance would pose a problem for either adjacent occupiers or the closest sensitive receptors including residential properties and a school.

Air Pollution/Dust

A statement has been submitted in support of the application which incorporates the mode of operation for the site, as well as the range of materials that are to processed on site. Within the statement, the applicant states that there will be no burning of material or chemical processing allowed on site, and that there is to be no processing or sorting of materials outside of normal hours.

A condition is to be recommended regarding the hours of working/processing on the site itself (to limit processing only to daytime operations), but a condition will be added also specifying the nature of works proposed within the statement.    

The facility will be operated within the conditions of the LAAPC permit, and the applicant has stated that dust will be kept to a minimum, with materials arriving at the site in sheeted vehicles then being separated, segregated and removed. A water harvesting regime is to be in place with outside stockpiles damped to prevent wind-blown dust. The applicant has offered a range of measures to reduce the effects of dust on the site. This also includes the provision of a water-harvesting tank below the surface which will assist in the supply of water for the damping-down of the site.

A condition has been recommended by UV environment regarding the methods to be used in the control of dust, and this will be added to any permission granted

The applicant has included within the submitted statement and on the submitted plans that the stockpiles will not exceed a height of 3 metres (temporary storage area) and 2 metres (quarantine area), not withstanding this information, in the interests of dust control, a condition will be added to control this.  

Whilst there remains external storage areas on the site, it is considered that these will be sufficiently screened from areas external to the site by buildings on site as well as the use of boundary walling, and in view of the above mode of operation, it is not considered that dust would pose a significant problem at the site.

In view of the industrial nature of the area, it is not considered that that provision of external lighting would have any significant impact in terms of light pollution, a condition will be added to control the installation and details of this lighting.

Visual Amenities of the Locality

Policy CH6 states that planning permission will not be granted for development that would have an unacceptable impact on the historic character or setting of any part of a historic park and garden defined on the proposals map. 

Policy DES1 requires development to respond to its physical context, respect the positive context, respect the positive character of the local area in which it is situated, and contribute towards local identity and distinctiveness.

Policy DES 8 states that planning permission will only be granted for alterations or extensions to existing buildings that respect the scale, character, rhythm, details and materials of the original structure and complement the general character of the surrounding area. 

As mentioned within the introduction above, with the exception of minor elevational alterations to the workshop, the site has a valid planning permission for the erection of all buildings on-site which form part of the development proposed here. There are other structures proposed on site which are discussed below;

The development centres around the improvement and extension of an existing workshop area on-site which will provide facilities for the maintenance of vehicles used in connection with the use of the site as a recycling facility. 

There will be roller doors inserted to the front (west) elevation of the building, with the existing doors to the north elevation made up. The roof to the rear will be raised to give the building a uniform height, and a new single storey extension will be constructed to the side with a pitched roof. The building as a whole is also to be reclad. 

It is considered that the extensions and alterations to this building are acceptable, the existing structure is in a poor, derelict conditon and the work proposed will improve the appearance if this structure.

There is a two storey office/administration building located at the front of the site adjacent to the northern entrance to the facility, this is brick-built with a tiled, hipped roof. Whist this structure does present a rather blank frontage to Mode Wheel Road South, the site is within an industrial context with large blank buildings and sheds fronting sites, which have a little connection with the streetscene. 

Whilst it is not intended to exacerbate this situation in this application, based on the approval of the previous scheme and the character of the area, it is considered that the development proposed would not be conspicuous or obtrusive with the makeup of the area.

There will be a large storage shed proposed to the rear of the site which will be located close to the boundary with Weaste cemetery. This building has gained previous approval, and will be screened from Weaste cemetery itself by tree cover located adjacent to the boundary within the cemetery.

Whilst the cemetery to the rear is defined as an park and garden of special historic interest, there is presently a wall and rusty grid-iron fence sharing the boundary with the cemetery which is to be replaced in this application by a 2.4m high palisade fence above the existing wall. The storage shed will also be located adjacent to this boundary, as well as the extended workshop. It is considered that this development will be seen within the context of the industrial development to the west of the cemetery, and occupies a view out of the cemetery which is already obscured by industrial development. In view of this, it is not considered that there would be any significant impact on the historic character of Weaste Cemetery.  

It is considered that this structure will be seen within the context of other industrial development on Mode Wheel Road South, it is not considered that the use if metal cladding would be out of character at this location.

With exception of the quarantine area which will be located adjacent to the northern boundary of the site, the main area for external storage will be located in the middle of the site (marked on the plans as ‘temporary storage of waste’).  This area will be screened from adjacent premises and viewpoints by buildings and fencing.

The quarantine area and storage bin/skip storage area will be located adjacent to the taxicab repair business/wreckers to the north of the site, but will be located away from the front of the site and screened from the adjacent site by new 3m high fencing and a concrete pusher wall.

It is not considered in view of the above, and because of the industrial context of the area that the external storage areas will have a significant impact on the appearance of the locality, provided they are operated in accordance with the maximum storage heights which will be controlled by condition.

The fencing and gating proposed to the boundaries of the site will provide an adequate site boundary in terms of security, waste control and appearance, and it is considered that the use of paladin and palisade fencing is consistent with the area, and the colour treatment will enhance the appearance of the site as a whole.

It is not considered that the fuel storage bund, a self contained structure to be located adjacent to the southern boundary of the site would have impact in terms of visual amenities.

Highway Safety

Policy A8 aims to only allow development where it has an acceptable impact on highway safety and traffic flows with regard to generation, access, parking and service arrangements.

Policy A10 relates to providing developments which are accessible and particular the provision of car, cycle and motorcycle parking in new developments. 

The site has on-site parking provided for staff vehicles; 4 car parking spaces, with 1 disabled car parking space included within this provision. It is considered that this is sufficient for the four permanent staff proposed to work at the facility.

It is anticipated that there will be approximately 40 HGV movements per day over 5 and a half day week. It is stated that this is more likely to be 50 movement in a day when taken with smaller lorries and other vehicles, and a maximum of 60 movements in the event of emergency situations arise, which it is anticipated will be at a maximum of once a week.

As stated in the discussion above, the proposed facility is located in an industrial area, there is a large amount of activity and traffic associated in particular with the operation of the aggregates plant located adjacent to the subject premises. The development, whilst reliant on vehicular access is fairly minimal in terms of scale of operation.

Whilst the proposal will result in a rise of vehicular activity, it is considered that the majority of extra vehicle movements are unlikely to be significantly distinguishable within the context of other traffic within the locality. It was noted from site visits to the premises that there was no congestion associated with the use of Mode Wheel Road South presently.

The applicant has stated within the submitted statement that a mechanical road sweeper will be employed to clean the hardstanding and entrance areas to prevent mud and debris being transported onto the road. 

In view of the above considerations, it is not considered that there would be any significant impact in terms of highway safety or congestion through the operation of the proposed facility.  A condition will be added in relation to the mode of operation of the facility which is provided in the supporting statement.

Other Matters
 
Development Close to Hazardous Uses

Policy DEV4; Development Close to Hazardous Uses states that proposals for development within the vicinity of notifiable installations will not be permitted where they would result in an unacceptable increase in the risk of consequences of a major accident.

There is a Calor Gas installation located on Daniel Adamson Road within 100 metres of the site. As stated above, the HSE does not advise against the granting of planning permission in this case.  

Drainage

The applicant has stated that additional surface water drainage will be added to the site which will incorporate a silt trap to arrest debris from entering the main drains in Mode Wheel Road.

Fuel Storage

The applicant has stated that fuel storage in connection with the use of plant and  HGV’s will be from a purpose built bunded tank. Details of this storage tank have been provided within the application, it is not considered that any issues arise from the provision of this fuel storage facility.

CONCLUSION

In view of the above assessment it is considered that the re-use of the site as a waste recycling facility and associated buildings and vehicle storage and maintenance is acceptable within the industrial context of the locality. 

It is considered that the development will assist in promoting waste reduction and recycling which will lead to a reduction of waste ending up as landfill.

It is not considered that the proposal with agreed measure in place by virtue of noise, disturbance or air pollution would detract from the amenities of the locality or amenities of adjacent occupiers. In particular it is not considered that the development would have any significant impact on sensitive receptors and in particular, residential properties and schools.

It is considered that the adaptation of the existing workshop building on site as well as the provision of new structures including boundary fencing is acceptable, and would not detract from the visual amenities of the area.

In view of the above, it is considered that the proposal is consistent with the following policies;
ST16 : Sustainable Waste Management, 
W1 : Waste Management, 
EN17: Pollution Control, 
DEV4: Development Close to Hazardous Uses
DES1 : Respecting Context, 
DES 8 : Alterations and Extensions
A8: Impact of development on the highway network
A10: Provision of Car, Cycle and Motorcycle Parking in New Developments

It is also considered that the proposal is consistent with PPS10 : Planning for Sustainable Waste Management, and the existing and emerging Regional Spatial Strategies.

In the absence of any other significant issue, it is recommended that permission be granted with conditions.

RECOMMENDATION:

Approve Subject to the following Conditions

1.	Standard Condition A03 

2.	Prior to the commencement of the development, the developer shall submit a Dust Management Plan for the written approval of the LPA. The Dust Management Plan shall identify all areas of the site and site operations where dust may be generated and further identify control methods to ensure that dust does not travel beyond the site boundary. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control dust fail, the site shall cease all material handling operations immediately until the dust control equipment has been repaired or replaced.

3.	Other than the areas marked on the approved plan ref. R218-001 Revision 3 as 'Quarantine Area', 'Temporary Storage of Waste' and 'Storage Bins', there shall be no other external dumping, storage or sorting of waste and materials on the site. In particular the storage of waste or materials in the area marked 'Quarantine Area' shall be limited to a maximum height of 2 metres and the storage of waste or materials in the area marked 'Temporary Storage of Waste' shall be limited to a maximum height of 3 metres. Outside of the normal operating hours of the site, tipping shall be restricted only to the area marked 'Quarantine Area', as shown on the submitted plans

4.	Prior to the commencement of the development, a Preliminary Risk Assessment report, including a conceptual model and a site walk over, to assess the potential risk of land contamination, shall be submitted to and approved in writing by the Local Planning Authority.  Should a potential risk be identified then: 
	I.	A Site Investigation report shall be submitted to and approved in writing by the Local Planning Authority.  The investigation shall address the nature, degree and distribution of land contamination on site and shall include an identification and assessment of the risk to receptors focusing primarily on risks to human health and the wider environment; and  
	
	II.	The details of any proposed Remedial Works shall be submitted to, and approved in writing by the Local Planning Authority.  Such Remedial Works shall be incorporated into the development during the course of construction and completed prior to occupation of the development; and
	
	III.	A Verification Report shall be submitted to, and approved in writing by, the Local Planning Authority.  The Verification Report shall validate that all remedial works undertaken on site were completed in accordance with those agreed by the LPA.

5.	Prior to first use and notwithstanding the submitted plans, an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. This scheme shall include a layout plan with beam orientation, a schedule of equipment (luminaire type, mounting height, aiming angles and luminaire profiles) and proposed hours of use. The approved scheme shall be implemented in full unless otherwise agreed in writing by the Local Planning Authority.

6.	The site shall only be operational for the processing of waste and servicing of vehicles, including the use of on-site plant from the hours of 0700 and 1800; on Mondays to Fridays and between the hours of 0730; and 1300; on Saturdays, and not at any time on Sundays, Bank Holidays or Public Holidays. Outside of these hours and on Sundays, Bank Holidays or Public Holidays, the activities allowable on the site shall be restricted to tipping in connection with emergency works only.

7.	No development shall be started until full details of the colour and type of facing materials to be used for the storage shed and workshop proposed in the development have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority.

8.	Prior to the commencement of development full details of the colour of the fencing and gating hereby approved shall be submitted to and approved in writing by the Local Planning Authority.  The fencing and gating shall be powder coated in the approved colour prior to installation and shall be maintained as such thereafter.

9.	Unless otherwise approved in writing by the Local Planning Authority, the use of plant on the site shall be limited to the use of wheeled loading shovel, a small screening plant and a road sweeper. There shall be no mechanical crushing on site

10.	The development hereby approved shall not be brought into use unless and until the access and the servicing and parking areas have been constructed, hard-surfaced, drained and marked out to enable all vehicles to enter and leave the application site in forward gear in accordance with the submitted plan and specifications received on 24.04.2008 (ref. R218-001, at 1:200 scale), and thereafter the servicing and parking area shall not be used for any purpose other than the parking, loading and unloading and manoeuvring of vehicles.

11.	It shall be ensured that all vehicles which leave the site or access roads between the highway and the site shall be in such condition of cleanliness that they do not foul the highway with mud or other debris. Prior to the commencement of the development, details of wheel washing facilities for construction traffic connected with the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority.  The approved facilities shall be installed prior to the commencement of the development, and once installed such facilities shall be used to prevent mud and other debris being deposited on the highway(s) during the construction of the development hereby permitted.

12.	The materials processed on the site shall be limited to non-hazardous inert material and in 
	particular, there shall be no burning of material or processing of chemical materials on site at any time.  

13.	Unless otherwise agreed in writing by the Local Planning Authority, the processes on site hereby approved shall be carried out and operated in accordance with the written statement submitted with the application date stamped 12.03.08. In particular, the operation of the site shall be carried out in accordance with paragraphs 3.2 to 3.8 and 5.1 to 5.73 of this document.  

14.	Prior to the commencement of development on site, full details of the gates to be installed to the western boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with these approved details.

15.	Prior to occupation of the site an acoustic barrier shall be erected around the site along the northern site boundary.  The acoustic barrier shall have a minimum surface density of 10kgm-2 and a minimum height of 3m, unless otherwise agreed in writing by the Local Planning Authority.
	
(Reasons)

1.	Standard Reason R000 

2.	Standard Reason R005B 

3.	Standard Reason R004B 

4.	Standard Reason R028B 

5.	Standard Reason R005B 

6.	Standard Reason R005B 

7.	Standard Reason R004B 

8.	Standard Reason R004B 

9.	Standard Reason R005B 

10.	Standard Reason R019 

11.	Standard Reason R026B 

12.	Standard Reason R019 

13.	Standard Reason R019 

14.	Standard Reason R004B 

15.	Standard Reason R005B 

Note(s) for Applicant

1.	The permission hereby approved relates to all information submitted in support with the application, and in particular;
	
	Plan reference R218-001 Revision 3 entitled 'General Proposals Plan', marked 'amended plan' and date stamped 24.04.08
	Plan reference PL-02 entitled 'Proposed Office Building', date stamped 12.03.08
	Plan reference PL-03 entitled 'Open Storage Shed, date stamped 12.03.08
	Plan reference R218-004 entitled 'Proposed Back Elevation (south)', date stamped 14.03.08
	Plan reference R218-003 entitled 'Alteration and Extension to Workshop', date stamped 14.03.08
	Plan Reference WD 03-1 entitled 'Workshop Extension' date stamped 14.03.08

2.	It would appear that a waste management license would be required for the proposals. The applicant will need to apply for a license under Section 35 of the Environment Act 1990. Further information can be obtained by contacting the Environment Agency on 08708 506 506.

3.	If, during any works on site, contamination is suspected or found, or contamination is caused, the LPA shall be notified immediately.  Where required, a suitable risk assessment shall be carried out and/or any remedial action shall be carried out in accordance to an agreed process and within agreed timescales in agreement with the LPA.

4.	Where it is proposed to store more than 200 litres of any type of oil on site, it must be stored in accordance with the Control of Pollution (oil storage) (England) Regulations 2001. Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the total capacity of all oil stored.

5.	The applicant is advised that oil interceptors are required in areas that that are subject to chemical/oil spillage/vehicle cleaning and must connect to a combined sewer.

6.	Any disused access points / footway crossings shall be made good at the developers expense

APPLICATION No:	08/56047/FUL

APPLICANT:	E A Cavanagh

LOCATION:	Poorlots Allotments Allotment Road Cadishead    

PROPOSAL:	Erection of 2m high security fencing and gates (Re-submission of planning application 07/54546/FUL)

WARD:	Cadishead

At the meeting of the panel held on the 4th April 2008 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL.

My previous observations are set out later in the report:

In addition to these the panel asked that crime statistics be provided in order for them to make an informed decision on the application.  

Below is an overview of Crime Offences in the Cadishead Ward provided by the Principal Community Safety Officer.

Crime offences
2006/07		853
2007/08		519		39% reduction

Anti-social behaviour
2006/07		1070
2007/08		831		22% reduction

Criminal damage
2006/07		344
2007/08		198		42% reduction

The analysts are not able to produce data relating to the allotments. However they have noted that from experience allotments are often the victims of criminal damage and theft. They do note that the validity of a fencing application should not be based on ward level stats.  

In light of this information attention is drawn to the fact that the determining factor in this application is the visual impact of the proposed fencing and its contribution to security at the allotments. The proposed fencing should help to discourage crime by being designed in such way to create a safer environment whilst maintaining a high level of permeability and natural surveillance.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++DESCRIPTION OF SITE

This application relates to the Poorlot Allotments on Allotment Road in Cadishead. The allotments are situated in a predominantly residential area with residential dwellings to the east, south and west of the application site. A railway line is present to the north.

PROPOSAL
The application is for the erection of fencing and gates at the Poorlot Allotments on Allotment Road, Cadishead. There are two sections of fencing, the first of which would run along the back of the pavement along the frontage of the Allotments on Allotment Road. The proposed fencing would be 2m high and would accommodate 2 no. accesses onto Allotment Road itself. The fencing would be of a weldmesh design, powder coated green.
The second section of the fencing would run along the rear of the allotment site between the public footpath and the boundary of the allotments with 7 Heather Avenue. It will also be 2 metres in height and be of a weldmesh design, powder coated green. It will accommodate 1 no. gate access.
Only the section of fencing adjacent to allotment road requires planning permission as the remaining fencing is permitted development under the terms of the Town and Country Planning (General Permitted Development) Order 1995 given that its height will not exceed 2 metres and that it is not sited adjacent to a highway used by vehicular traffic

PUBLICITY

The following neighbour addresses were notified:

15 Allotment Road, Cadishead, MANCHESTER, M44 5JH, 	
17 Allotment Road, Cadishead, MANCHESTER, M44 5JH, 	
19 Allotment Road, Cadishead, MANCHESTER, M44 5JH, 	
42 Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
44 Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
46 Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
46A Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
48 Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
50A Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
50 Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
52 Allotment Road, Cadishead, MANCHESTER, M44 5JD, 	
Little Haven, Allotment Road, Cadishead, MANCHESTER, M44 5JH, 	
4 Lynthorpe Avenue, Cadishead, MANCHESTER, M44 5JQ, 	
14 Lynthorpe Avenue, Cadishead, MANCHESTER, M44 5JQ, 	
5 Charles Street, Cadishead, MANCHESTER, M44 5JA, 	
6 Heather Avenue, Cadishead, MANCHESTER, M44 5YX, 	
7 Heather Avenue, Cadishead, MANCHESTER, M44 5YX, 	

REPRESENTATIONS

7 letters of objection and a petition with 22 signatures have been received the issues raised are outlined below:
•	Fencing would restrict access to the park
•	The proposal would remove trees around the park
•	Users of the allotments park on-street, to the detriment of surrounding residents
•	The proposed fencing would have an unacceptable impact on the visual amenity of the area
•	There are no crime problems in the area
•	The fencing will devalue properties
•	The use of plot 70 to store manure would have an unacceptable impact on health
•	The fencing is unsuitable in the residential area
•	The fencing is too high
•	Why is the fencing not around the whole allotment site
•	Antisocial youths may use the fence to play football against
•	Existing roses growing against the existing railings will be removed

REGIONAL SPATIAL STRATEGY

Site Specific Policies: None
Other Policies: None

ADOPTED UNITARY DEVELOPMENT PLAN POLICY

Site specific policies: None
Other policies: 	
DES1	Respecting Context
DES10 Crime and Design 
EHC3 Provision and Improvement of Health and Community Facilities

Design and Crime Supplementary Planning Document

PLANNING APPRAISAL

The main planning issues relating to this application are the visual impact of the fencing on the street scene, particularly when viewed from nearby residential properties and whether the proposal complies with the relevant policies of the Adopted Unitary Development Plan. 

Policy DES1 requires development to respond to its physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials.

Policy EHC3 relates to the Provision and Improvement of Health and Community facilities and in particular the impact on local residents, environmental quality, accessibility, highway safety/congestion and encouraging community focus.

Policy DES10 states that development would not be permitted unless it is designed to discourage crime, antisocial behaviour and the fear of crime.  In particular, the policy states that developments should clearly delineate public, communal, semi private and private spaces.                                

It is considered that the proposed fencing is of a high quality design and height, which would be suitable in this residential area. To the rear of the site there is non colour treated palisade fencing and along the front boundary of the site are railings which are of a poor quality and detract from the visual amenity of the area. It is considered that the proposed replacement fencing would make a positive contribution to the area would not have a detrimental impact on the street scene. The proposal would therefore be in accordance with DES1 of the Adopted Unitary Development Plan.

The section of fencing that would run along Allotment Road would directly face the residential dwellings and habitable room windows. The proposed fencing would be at closest point 17m from the fencing. Due to the nature of the weldmesh fencing it is visually permeable especially when viewed directly on. It is therefore considered that the proposal would not have an unacceptable overbearing impact on the amenity these residents currently enjoy and therefore would be in accordance with EHC3 of the adopted Unitary Development Plan.

It is considered that the proposed fencing would clearly define the public realm and private space in the area. This would create a sense of ownership and security which is a requirement of Policy DES10 of the Unitary Development Plan. The proposed fencing would be in accordance with the Council’s Design and Crime Supplementary Planning Document (SPD) which states that boundary treatments should normally be visually permeable so that no hiding places are created. 

A number of objections to the proposal have been received. The first two issues raised relate to the restriction of access to the open space to the west of the site and the removal of trees in the open space. The previous application involved fencing across the open space but in this application this section of fencing is not proposed. 

It is noted that concerns have been raised regarding the fact that users of the allotments currently park on street, and that should this permission be granted off street parking facilities should be provided to alleviate this problem. As this application only relates to the fencing of the site it is not reasonable to seek additional parking in this instance and therefore little weight can be attached to such concerns in the determination of the application.

Issues have been raised that there is no crime in the area and that consequently there is no need for any fencing. The applicant has responded to these concerns in writing and has stated that the fence is to be erected to help reduce vandalism. According to the applicant, acts of vandalism in the allotments happens on a regular basis, including plants being uprooted and kicked around, greenhouse glass being broken, and damage to a polytunnel within the site. An objector has asked why the fencing is only round a section of the site. The applicant has stated that the reason the fence doesn't cover the whole perimeter is down to cost. The project is coming entirely from money acquired from grants, so the most vulnerable areas have been targeted first ie:- the perimeter with the roadway which has only a 1m fence at the moment and an area of land which has been reclaimed and has no fencing at the moment. 

It is noted that an objection has been received to the use and storage of manure on the site. This application is for the fencing of the site only and does not propose to change its historical use as allotments. The use of manure on allotments is not uncommon and its use does not materially affect the determination of this application.

Finally issues have been raised that the proposal fencing would devalue properties in the area. This is not a material planning issue and therefore cannot be afforded any weight in the determination of this application.

CONCLUSION

In conclusion, I consider the principle of the proposed development to be acceptable. It is considered that the type of fence being proposed provides a good compromise between improving security and the need to maintain the visual amenity of the area and the living conditions of neighbouring residents. The type and height of fence proposed would not compromise the aims and objectives of the relevant policies contained within the development plan and that there are no other material planning considerations that would justify refusal. 

Therefore I recommend that the application be approved.

RECOMMENDATION:

Approve Subject to the following Conditions

1.	Standard Condition A03 

2.	The fencing hereby approved shall be powder coated dark green prior to its erection and shall be retained and maintained as such at all times thereafter.

(Reasons)

1.	Standard Reason R000 

2.	Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of Salford Unitary Development Plan.

Note(s) for Applicant

1.	This permission does not authorise the closure of the public right(s) of way affected by the proposed development which should at all times be maintained unrestricted and available for the free passage of the public.

APPLICATION No:	08/56091/FUL

APPLICANT:	Arnold Clark Automobiles

LOCATION:	1 Brunel Avenue Salford M5 4BE    

PROPOSAL:	Erection of extension to form new service and parts department to existing car showroom (re-submission of planning application 07/55299/FUL)

WARD:	Ordsall

DESCRIPTION OF SITE AND SURROUNDINGS

The application site comprises the existing Arnold Clark Automobile Dealership site at 1 Brunel Avenue, Salford. It is located within a mixed use area comprising, business uses including offices and warehouse buildings, retail uses and residential dwellings. The site is located on the edge of an existing industrial and business park with other business, industrial and employment uses to the north, south and east. The site is bounded by Albion Way to the west, Liverpool Street to the south and Brunel Avenue to the east. St. Paul’s Church of England Primary School, and dwellings at Trenam Place are located 60 metres from the proposal on the west side of Albion Way. The site covers an area of 1.66 hectares, and currently comprises the main car showroom building, large external parking area, and two ancillary office buildings and associated accesses and landscaping. Its main use is for car sales and trade with ancillary valet department, service and parts department, and car and van rental office.

DESCRIPTION OF PROPOSAL

The application is for the erection of an extension of 1556 square metres in floor area to form service and repair centre at Arnold Clark Automobiles, 1 Brunel Avenue, Salford. The proposed car service and parts department would be sited to the north of the existing showroom building on an existing parking area. The proposed building would measure 55 metres in length by 19 metres in width and be 7 metres in height. The extension would comprise a service department of 892 square metres, parts department of 542 square metres, parts and service office, administration office, male and female toilets, mess and kitchen. The proposed building would be faced with silver ‘micro-rib’ kingspan cladding, with vertical glazing panels and horizontal profiled cladding to the eaves. The service and repair centre would be open between the hours of 8am – 5.30 pm Monday to Friday and 8am - 12pm on Saturday.

This application is a resubmission of a previous application, no. 07/55299/FUL, which was withdrawn following concerns regarding the siting and design of the proposed extension, implications on utilities and sewers and the provision of planning obligations. The current application has set the extension further back from Albion Way in line with the front of the existing car showroom building. In addition, the proposed extension has been reduced in height by 1 metre and the roof design altered from a single flat roof to comprise 3 gable ends, by plans received 25th April 2008.

The applicants have agreed to enter into a Section 106 Agreement to undertake training programme of people to be employed within the Service Department from the local catchment areas, and to make the following financial contributions:

1.	£30,460 towards improvements to the public realm, infrastructure or heritage features within Salford.
2.	£3,046 towards projects aimed at reducing or offsetting carbon dioxide emissions.
3.	£837.65 towards administering legal agreements.

SITE HISTORY

94/32117/FUL - Used car sales: erection of building to provide offices, sales area, workshop and display area, with associated car parking and landscaping together with new vehicular access. – Permitted – 16/03/94.

94/32677/FUL - Erection of building to provide offices, car sales area, workshop
and display area together with associated car parking, landscaping
and construction of new vehicular access (Amenddment to Planning
Permission 32117). – Permitted – 17/08/94.

94/33226/ADV - Display of various internally illuminated post signs and display of 6 No 8.0 metre high flagpoles – Permitted 14/12/94. 

98/37662/FUL - Retention of three portacabins adjacent to car showroom – Permitted – 30/04/98.

05/51038/ADV - Display of internally illuminated pylon sign – Permitted – 31/08/05.

07/54260/FUL - Refurbishment and alterations to elevations of existing motor car showroom – Permitted – 23/04/07.

07/54793/ADV - Display of various internally illuminated signage – Permitted – 24/07/07.

07/55299/FUL - Erection of extension to form new service and parts department to existing car showroom – Withdrawn – 16/11/07.

CONSULTATIONS

Urban Vision Environment – No objections subject to a condition requiring a site investigation and informative concerning discovery of contamination.

The site is located within an existing industrial park with residential dwelling on the opposite side of Albion Road with the nearest dwelling approximately 60 metres away. During the opening hours any noise from the extension will be masked by road traffic noise from Albion Way. Therefore, no objections regarding noise.

Greater Manchester Police Architectural Liaison Officer – No objections to the proposal.

Environment Agency – The application does not require a formal response from the Environment Agency as it is not included in the Revised Appendix 2 Guidance for consultation.

The Greater Manchester Pedestrian Association – No response. 

United Utilities – No objections. 

PUBLICITY

A site notice was displayed on 14th March 2008.

A press notice was displayed on 13th March 2008.

The following neighbours were notified by post:

Units 2,4, 6, 8, 10, 12, 14 The Albion, Brunel Avenue, Salford.
143 – 145 cross Lane, Salford.
St Pauls C of E Primary School.
Portico House, Jo Street, Salford.
34, 40, 42, 44, 46, 48, 50, 52 Trenam Place, Salford.
71 Liverpool Street, Salford.
Parker Merchanting Ltd, 74 Liverpool Street.
Renault UK Ltd, Liverpool Street.

REPRESENTATIONS

No letters of representation have been received.

DEVELOPMENT PLAN POLICY

UNITARY DEVELOPMENT PLAN

Site specific policies: 
Policy E3: Knowledge Capital

Other policies:
ST3: Employment Supply, ST8: Environmental Quality, DES1: Respecting Context, DES2: Circulation and Movement, DES7: Amenity of Users and Neighbours, DES10: Design and Crime, E5: Development within Established Employment Areas, A8: Impact of Development on the Highway network, A10: Provision of Car, Cycle and Motorcycle Parking in new Developments, EN16: Contaminated Land, EN17: Pollution Control; EN19: Flood Risk and Surface Water; Policy DEV5 Planning Conditions and Obligations

REGIONAL SPATIAL STRATEGY

Policy DP1: Economy in the Use of Land and Buildings
Policy DP3: Quality in New Development

OTHER MATERIAL CONSIDERATIONS

The following National Planning Policy Statements and Guidance Notes are considered to be of relevance: 

Planning Policy Statement 1: Delivering Sustainable Development

DRAFT REGIONAL SPATIAL STRATEGY

Policy DP2: Promote Sustainable Communities
Policy MCR4: Northern Part of Manchester City Region

SUPPLEMENTARY PLANNING DOCUMENTS

The Supplementary Planning Documents, which are also relevant to the development of the site include the Planning Obligations Supplementary Planning Document (SPD) and the Design and Crime Supplementary Planning Document (SPD) which have been subject to public consultation.

PLANNING APPRAISAL

The main issues considered in the determination of this application are, the provision of employment facilities; the design impact on the surrounding area; the impact on neighbouring amenity; the impact on highway safety; and the provision for planning obligations.

PROVISION OF EMPLOYMENT FACILITIES

Policy ST3 of the Adopted Unitary Development Plan states that a good range of local employment opportunities will be secured by:
•	maintaining an adequate supply and variety of land and buildings for employment purposes;
•	protecting and increasing the attractiveness of existing employment areas;
•	enabling the diversification of the local economy; and 
•	using planning obligations to secure local labour contracts and training opportunities.

Policy E5 of the Adopted UDP states that within established employment areas planning permission will be granted for the following types of development where they are consistent with other relevant policies and proposals of the UDP

•	the modernisation and refurbishment of existing buildings;
•	the redevelopment of land and buildings for employment purposes;
•	improvement to access, circulation, parking and servicing, particularly where this would foster sustainable transport choices.

The proposed extension to form Service and Parts Department is part of the applicants wider modernisation and refurbishment of the existing employment site. The applicants have submitted details of the internal training programmes to be employed within the proposed Service and Parts Department. It is stated that the proposed Service and Parts centre would require approximately an additional 25 staff comprising skilled technicians, MOT testers, apprentice technicians, administration and customer facing staff and drivers and service valet staff. It is considered that the expansion of the existing service and parts department on the site proposal would assist in diversifying and expanding the employment opportunities within the local economy. In these circumstances, it is considered that the proposed extension would be in accordance with policies ST3 and E5 of the Adopted Unitary Development Plan.

DESIGN AND IMPACT ON SURROUNDING AREA

Policy ST8 states that development will be required to contribute towards enhanced standards of environmental quality through high standards of design and amenity. Policy DES1 states that development will be required to respond to its physical context, respect the positive character of the local area in which it is situated, and contribute towards local identity and distinctiveness. 

The existing site currently comprises the Arnold Clark Automobiles show room building fronting Albion Way. The site is located within a prominent location on the corner of Albion Way and Liverpool Street. The existing showroom building has pitched tiles roof with metal cladding and glazing to the side walls. There are a number of large box shape warehouse and storage buildings faced with grey metal cladding located directly north and east of the site. The proposed waved roof form and grey metal cladding would be in keeping with the character and appearance of these surrounding buildings. The proposed grey cladding would match materials to be used for the alterations to the elevations of the showroom building granted permission in 2007, reference no. 07/54260/FUL.

The design of the extension has been amended to appear more subservient to the existing building. The amended design incorporates a waved shape roof form and the eaves and ridge height have been lowered. The ridge height of the proposed extension would be set down from that of the existing building. It is considered that the proposal now appears subservient to the existing building and would be in keeping with the character, scale and materials of surrounding buildings.  

Policy DES2 requires that development be fully accessible to all people, including the disabled and others with limited or impaired mobility. The proposed Service and Parts Department would have level access into the building and throughout the internal layout of the building. The proposal is considered to be in accordance with policy DES2 of the Adopted Unitary development Plan.

Policy DES10 of the Adopted Unitary Development Plan requires that development is not permitted unless it is designed to discourage crime, the fear of crime and anti-social behaviour, and promote personal and property security. Development should be designed so as to clearly delineate public, communal, private and semi private space, allow natural surveillance, avoid places of concealment and encourage activity within public areas.

The existing site is secured by 2 metre grey metal fencing along all its boundaries and it is proposed to retain these. The proposed building would clearly delineate the public, semi-public and private space within the site. In addition, the GMP Architectural Liaison Officer has raised no objections to the proposal. Having regard to the above, it is considered that the proposals would be in accordance with policy DES10 of the Adopted Unitary Development Plan and DC16, DC17 of the Design and Crime SPD.

It is considered that the design of the proposed extension would be appropriate in its context and respect the character of the surrounding area. In addition the proposal would be accessible to all people and be appropriately secured by design, in accordance with policies ST8, DES1 and DES2 of the Adopted Unitary Development Plan. 

AMENITY

Policy DES7 states that development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments. In addition policy EN17 of the Adopted UDP states that development that would cause a significant increase in pollution to the air, water or soil by reason of noise, odour, light or vibration will not be permitted.

It is noted that the proposed Service and Repair centre would open an hour earlier at 8am Monday to Friday and at 8am on Saturday, than the existing vehicle dealership at the site. However, it is not considered that this would be out of keeping with other surrounding business and retail uses nor would it result in any significant harm to the amenity of neighbouring occupiers.

The proposed service and repair centre would be located 60 metres from the nearest dwellings to the west. Albion Way is located in the intervening space between the proposed extension and these dwellings. It is considered that the background road traffic noise generated along Albion Way would mask any noise created at the business during the opening hours. In addition there are rows of 5 metre high trees located along either side of Albion Way, which would provide a noise buffer to the proposed extension. Overall, it is considered that there would be no significant harm to the amenity of neighbouring residents as a result of the proposed development. In addition, Urban Vision Environment have raised no objections to the proposal regarding noise. In conclusion therefore, it is considered that the proposal would be in accordance with policy DES7 and EN17 of the Adopted Unitary Development Plan. 

PARKING PROVISION AND HIGHWAY SAFETY

Policy A8 of the Adopted Unitary Development Plan states that development will not be permitted where it would have an unacceptable impact on highway safety or the ability of the Strategic Route network to accommodate appropriate traffic flows by virtue of traffic generation, access, parking or servicing arrangements.
Policy A10 of the Adopted Unitary development Plan requires that development make adequate provision for disabled drivers, cyclists and motorcyclists in accordance with the minimum standards set out in Appendix C of the UDP. The development should not exceed the maximum car parking standards set out in Appendix C of the UDP.

The majority of the 1.6 hectare site is currently used for external parking of vehicles associated with the car sales, service and parts, car and van rental and valet services on site. The proposed extension to form a new Service and Parts Department would result in the loss of a large uncovered area currently used to park vehicles associated with the above services offered on site. Although the proposal would result in the loss of an area of parking, the proposed parking layout designates 102 parking spaces for visitors and 30 parking spaces for staff for the combined services within the site. It is considered that this would be adequate for the expanded Service and Parts Department and other associated uses at the Arnold Clark dealership. Given the existing use of the site and that the proposed extension would reduce the total area of parking at the site, it is considered that the proposal would address the Council’s sustainability agenda. In addition, the highways department have raised no objections to the proposal. 

It is noted that no parking spaces for the disabled, motorcycles and cycles have been indicated on the submitted parking layout. It is considered that there would be adequate space within the site to provide the appropriate spaces. In order to ensure that adequate areas of parking are provided for the disabled, motorcycles and cycles, a condition has been recommended requiring a revised parking layout be submitted to and approved in writing by the Local Planning Authority.

Having regard to the above, it is considered that the proposal would provide adequate parking provision and not cause any significant harm to highway safety and would be in accordance with policies A8 and A10 of the Adopted Unitary Development Plan.

PUBLIC REALM, INFRASTRUCTURE AND HERITAGE

Policy OB2 of the Salford City Council Supplementary Planning Document: Planning Obligations (2007) states that making adequate provision for the public realm, other infrastructure and heritage protection/enhancement as part of new development is necessary. Paragraph 18 and 35 of Planning Policy Statement 1: Delivering Sustainable Development; Policy UR10 of the Regional spatial Strategy for the North West; seek to ensure that such provision is secured for improvements to public space and achieving high quality in the public realm.

The applicant has agreed to make a financial contribution of £30,460 towards improvements to the public realm, infrastructure or heritage features within Salford. The contribution has been calculated in accordance with the requirements of policy OB2 of the Planning Obligations SPD (£20 x 1523 square metres). The proposal is considered to be in accordance with this policy of the SPD and Policy DEV5 of the Adopted Unitary Development Plan.
CONSTRUCTION TRAINING

Policy OB3 of the Salford City Council Supplementary Planning Document: Planning Obligations (2007) states that major developments should contribute to the improvement of construction skills amongst Salford residents, either through the Salford Construction Partnership or an equivalent scheme.

The applicant has submitted details of internal training programmes run by Arnold Clark. The proposed Service, Repair Centre would increase the current staff from 10 to approximately 35. It is intended to offer two four year modern apprenticeships per year to people from the local catchment area through contact with local schools and the career service. It is considered that this would be acceptable for the purposes of policy ST3 of the Adopted UDP and policy OB3 and that there is no need to otherwise provide a financial contribution. In order to ensure this commitment is enforced, a condition has been recommended requiring the submission and approval of a detailed scheme outlining the commitment to training the local labour force.
CLIMATE CHANGE

Policy OB4 of the Salford City Council Supplementary Planning Document: Planning Obligations (2007) states that major developments that do not achieve at least the Very Good “BREEAM” standard should make a financial contribution towards projects aimed at reducing and/or offsetting carbon dioxide emissions equating to £200 per dwelling or £2 per square metre floor space.

The applicants have agreed to pay a financial contribution of £3,046 towards projects aimed at reducing or offsetting carbon dioxide emissions. The contribution has been calculated in accordance with the requirements of policy OB4 of the Planning Obligations SPD (£2 x 1523 square metres). The proposal is considered to be in accordance with policy OB4 of the SPD and Policy DEV5 of the Adopted Unitary Development Plan.

OTHER ISSUES

Policy EN19 of the Adopted Unitary Development Plan states that. The proposal relates to the extension over an existing hard surfaced area currently used for external parking of vehicles. The Environment Agency have stated that they do not wish to comment on the application. The proposed extension is located within an area of low probability of flooding and within an existing developed site. Given the nature of the proposal and its location, it is considered that the proposal would not be subject to any significant flood risk or increase the risk of flooding elsewhere, in accordance with policy EN19 of the Adopted Unitary development Plan.

CONCLUSION

It is considered that the proposed development would assist in the modernisation and improvement of existing employment uses and sites and cause no significant harm to the character and appearance of the streetscene and surrounding area. Furthermore, it is considered that the proposed extension would not cause any undue harm to the amenity of neighbouring occupiers nor to highway safety. The proposed development would provide contributions to public realm improvements and offsetting carbon emissions and assist in training programmes for residents of Salford. Therefore, the proposal is considered to be in accordance with the above policies of the Adopted Unitary Development Plan. 

RECOMMENDATION

The application is recommended for approval subject to the following conditions and that the Strategic Director of Customer and Support Services be given authority to enter a legal agreement under section 106 of the Town and Country Planning Act 1990 to secure the provision of Public Realm, Infrastructure and Heritage improvements, Construction Training.

Conditions

1.	Standard Condition A03 Three year time limit

2.	Standard Condition AL01 - S106 Construction training

3.	Standard Condition AD02 - Details of materials to be submitted

4.	Standard Condition F01X - Parking and Servicing Details 

5.	Standard Condition AT01 -  Contaminated land

6.	No development shall begin until details of a scheme to offset the development's impact on the global environment, in accordance with the standards set out in Policy OB4 of the Council's Planning Obligations Supplementary Planning Document, shall be submitted to and approved in writing by the Local Planning Authority before any of the buildings hereby approved are first occupied.  The approved scheme shall be implemented in full prior to first occupation unless otherwise agreed in writing by the Local Planning Authority.

7.	Standard Condition AL04 - S106 public realm heritage 

8.	Standard Condition G06F -  Hours of Use

(Reasons)

1.	Standard Reason R000 

2.	Standard Reason R045 

3.	Standard Reason R004B 

4.	Standard Reason R026B 

5.	Standard Reason R028B 

6.	Reason - To ensure adequate provision is made for reducing or offsetting carbon dioxide emissions as a result of the development pursuant to Policies ST1 and DEV5 of the City of Salford Unitary Development Plan 2004-2016 and Policy OB4 of the Council's Planning Obligations Supplementary Planning Document.

7.	Standard Reason R048 

8.	Standard Reason R005B 

Note(s) for Applicant

1.	Please note that a separate system of drainage is required for this development.

2.	If, during any works on site, contamination is suspected or found, or contamination is caused, the LPA shall be notified immediately.  Where required, a suitable risk assessment shall be carried out and/or any remedial action shall be carried out in accordance to an agreed process and within agreed timescales in agreement with the LPA.

3.	The applicant shall agree with United Utilities sewer easements of Building over agreements as necessary, prior to any development taking place.

4.	The development hereby approved shall be carried out in accordance with the amended plans received 25th April 2008.

APPLICATION No:	08/56279/HH

APPLICANT:	Mr S Gluck

LOCATION:	4 Bentley Road Salford M7 4HF    

PROPOSAL:	Erection of a single storey rear extension

WARD:	Kersal

DESCRIPTION OF SITE AND SURROUNDINGS

This application relates to a semi-detached dwelling on a small road (Bentley Road, Salford). The surrounding area is residential in nature. To the west of the application site is a three storey block of flats (1-12 Bentley Court). To the rear of the application site is the rear garden of no.111 Leicester Road.  The rear side boundaries with no.2 Bentley Road and the block of flats consist of a 1.8m high fence.

DESCRIPTION OF PROPOSAL

Consent is sought for the erection of a single storey rear extension. There is an existing single storey rear extension that projects approximately 3m from the main rear elevation, this will be demolished to make way for the proposal. The proposed development would project 3.9m from the main rear elevation along the common boundary with no.2 Bentley Road, it would then project a further 1.2m at a 45 degree angle giving an overall projection of 5.1m. It would be 8.8m in width and it would have an overall height of 3.5m. It would provide a kitchen and a succah.

SITE HISTORY

98/38529/HH- Erection of a two storey side extension-Permitted- November 1999
02/44391/HH- Erection of a single storey rear extension-Refused- August 2002
04/49084/HH- Erection of a single storey rear extension-Withdrawn
04/49465/HH- Erection of a two storey side extension- Permitted- December 2004
04/49493/HH- Erection of single storey rear extensions to no.2 and no.4 Bentley Road- Permitted- November 2004
07/55270/HH- Erection of a single storey rear extension- Withdrawn
07/55547/HH- Erection of single storey rear extensions to no.2 and no.4 Bentley Road- Permitted- December 2007

PUBLICITY

The following neighbour addresses were notified:

	Flats 16 to 25 Roston Court, Roston Road
	Flats 1 to 12 Bentley Court, Bentley Road
	109 and 111 Leicester Road
	2 Bentley Road

REPRESENTATIONS

I have received no letters of objection in regards to this application.

I have received a request from Councillor Connor that this application be referred to the Panel due to the personal circumstances of the applicant.

DEVELOPMENT PLAN POLICY

Site specific policies: None

Other policies:		DES1- Respecting Context
			DES7- Amenity of Users and Neighbours
			DES8- Alterations and Extension

OTHER MATERIAL CONSIDERATIONS

SUPPLEMENTARY PLANNING DOCUMENT- HOUSE EXTENSIONS

PLANNING APPRAISAL

The main planning issues relating to this application are the impact of the proposed extension on the amenity of the surrounding and future residents and the impact of the proposed development on the character of the area, and whether the proposal accords with all relevant policies of the Unitary development Plan and the Council’s Supplementary Planning Document: House Extensions.

DESIGN

UDP Policy DES1 states that development will be required to respond to its physical context and respect the positive character of the local area in which it is situated and contribute towards a local identity and distinctiveness. 

UDP Policy DES8 states that planning permission will only be granted for alterations or extensions to existing buildings that respect the general scale, character, rhythm, proportions, details and materials of the original structure and complement the general character of the surrounding area. 

The proposed development would be located to the rear of the application site and would not be visible from Bentley Road. It has been designed well with a succah roof and materials to match the existing. It would be 5.5m lower than the main roof. It is therefore considered the proposed development would not be an incongruous feature within this setting nor would it harm the character of the area in accordance with DES1 and DES8.

AMENITY

UDP Policy DES7 states that alterations and extensions to existing buildings will be required to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. It states that development impact on the amenity of occupiers or users of other developments will not be permitted where it would be unacceptable.

There would be several non-habitable room windows introduced to the rear elevation of the proposal that would be approximately 14m from the rear common boundary. Due to the orientation of the application site there are no directly facing properties to the rear. It is therefore considered the proposal would not have an unacceptable impact on the neighbouring occupiers in terms of privacy in accordance with Policy DES7.

Policy HE2 of the House Extensions SPD states planning permission will not normally be granted for extensions that introduce windows or open aspects close to and directly overlooking the gardens of neighbouring dwellings. The term ‘close to’ refers to 5m, however this can be overcome with obscure glazing.

There would be a kitchen window and door introduced to the side elevation of the proposal that would be approximately 1m from the side common boundary with the block of flats, which upon this is a 1.8m high fence. Given that the proposed window would not serve a habitable room and there is a 1.8m high boundary fence in place it is considered the proposal would not have an unacceptable impact on neighbouring occupiers in terms of privacy in accordance with Policy DES7.

Policy HE5 states that planning permission will not normally be granted for single storey rear extensions that project beyond a 45 degree line drawn from either the mid point of a ground floor principle window or a point 3m along the common boundary from the rear elevation of the adjoining or adjacent dwelling.

Paragraph 14.1 of the House extensions SPD states that personal circumstances such as a disability, or the specific requirements of minority groups may make it difficult to provide the necessary facilities within the standards set out within this document. The Council may interpret these standards flexibly in such circumstances, but proposals that significantly deviate from them are still unlikely to be appropriate. Consideration of personal circumstances will be assessed on a case-by-case basis.

The applicant has submitted details regarding their special circumstances:  These include:

•	To comply with the 45 degree rule the extension would not be large enough to accommodate the large family.
•	The application has been the subject of some scrutiny over 12 months during which time the scale of the extension has been examined on numerous occasions. (This reference is thought to refer to a pre-application site meeting carried out by Planning Officers and the previous planning applications).
•	The applicant has a large family comprising of 2 adults and 9 children
•	The applicants family may increase in size in the coming years
•	During the important festivals there is a requirement to seat the entire family around a single dining room table, which would be accommodated with the extension
•	There is not enough provision within the Jewish community to move house as the family grows and therefore the only option is to extend where possible
•	The local authority are requested to accept that families within the Jewish community be afforded special privileges for house extensions where the total number of people residing at the property are greater in number than the average family

No.2 Bentley Road has a ground floor principal window of a habitable room on the rear elevation close to the side common boundary with the application site. The proposal would project 0.9m beyond a 45 degree line taken from a point 3m along the common boundary from the rear elevation of no.2 Bentley Road. Whilst it is noted the application property has three existing dining rooms it is also recognised that the religion of the applicant requires them to have a separate succah dining area. However it is considered that a relatively minor adjustment to the length of the succah extension and to the position of the succah roof would satisfy the applicant’s needs whilst meeting the requirements of policy HE5.

  Although it is recognised that the proposed extension would be to accommodate living space for the applicant’s large family, the proposal significantly deviates from the standards set out in Policy HE5 of the SPD. It is therefore considered the proposed development would have an unacceptable impact on the neighbouring occupiers of no.2 Bentley Road in terms of loss of light and overbearing contrary to policies HE5 and DES7.

CONCLUSION

It is considered the proposal would not have an unacceptable detrimental impact on the street scene and is in accordance with DES1 and DES8 of the UDP, however it is considered the proposal would have an unacceptable impact on the current and future occupiers of no.2 Bentley Road in terms of loss of light and overbearing. The proposal is therefore contrary to Policy HE5 of the House Extensions SPD and Policy DES7 of the UDP, and there are no other material considerations that outweigh those policies.

RECOMMENDATION:

Refuse For the following Reasons:

1.	The proposed extension by virtue of its size and siting would have an unacceptable impact on the residents of no.2 Bentley Road in terms of loss of light and overbearing. The proposal is contrary to policy HE5 and DES7.

Note(s) for Applicant

1.	Please note this refusal relates to the following plans: drawing no.NMG660 01 A, NMG660 01 B.