Manchester City Council List Item 10 Planning and Highways Committee 15 March 2012

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1 Application Number /FO/2011/N1 Date of Appln 30th Jan 2012 Committee Date 15 th March 2012 Ward Cheetham Ward Proposal Location Applicant Agent Retrospective Application for the continued use of rear part of building from B8 to food manufacture (B2), with elevational alterations including installation of 2 flues. Rear Part Of Building At 100A Waterloo Road, Cheetham Hill, Manchester, M8 8AW Mr Yaseen Khan, 100A Waterloo Road, Cheetham Hill, Manchester, M8 8AW, Aarck Design and Development, 24 Hatchery, Appleton Thorn, Warrington, Cheshire, WA4 4TF Description The application relates to the rear portion of a two storey commercial building situated on the corner of Waterloo Road and Broughton Street within the Cheetham ward of North Manchester. The application property is located on the eastern side of Waterloo Road which forms the eastern edge of the commercial area of Strangeways and lower Cheetham Hill. This area is characterised by single and two storey commercial properties mainly in the wholesale trade. To the western side of Waterloo Road are residential properties these are set back and elevated from the highway by way of boundary wall and a landscaped bank. The application proposals are for the use of the rear part of the property for the preparation and packaging of food products for onward distribution. The property has been converted internally to allow for food manufacturing to take place including the installation of cold stores. The application also includes the provision of two external flues installed to the rear of the premises. The direction of these flues as initially installed extended over the properties roof and pointed towards residential properties on Waterloo Road. There is an existing rear servicing yard accessed from Broughton Street via a gated access. There are no proposed changes to this existing access or the existing boundary treatments. The proposals only relate to the rear two thirds of the ground floor of the property. The applicant intends to undertake internal works to the existing mezzanine floor to form a separation between the other uses in the building related to storage for a separate business. These internal works are required for building regulations purposes. The application is retrospective although it is understood that food manufacturing operations ceased following the submission of this current application.

2 Planning History Application No: Proposal: Erection of a wholesale warehouse with showroom, offices and parking Decision: Approved 20/09/1988 Application No: Proposal: Erection of two single storey buildings for workshop/warehouse with ancillary retail sales in connection with the motor trade Decision: Approved 22/04/1986 Application No: Proposal: Erection of a showroom with associated offices, warehouse and service yard Decision: Approved 04/01/1984 Consultations Local Residents and Businesses 4 letters and 2 s have been received from local residents, a further letter from a local business has also been received raising objections with the proposal. In particular the concerns relate to: - The strong obnoxious smells generated from the premises which can be smelt within residential properties and neighbouring business premises; - Noise generated by the roof mounted flues directed towards residential properties on Waterloo Road; - Disturbance caused by vehicles accessing the property early in the mornings; - This type of business is too close to residential properties and should be situated within a designated industrial area; - The company has been trading illegally and unethically with full knowledge of the landlord, the leaseholders are likely to flout further laws in the future; - I want the right to live in my own home in peace without noise and air pollution; - With food production, dishonest practices must not be allowed, the public s health has been at risk. Strenuous checks have to be adhered to as part of the law, none of which took place when the business was in operation; - The impacts of the odour generated by the proposal on stock stored within neighbouring warehouses. - There are current problems with rats and a food manufacture business will enhance this problem. Head of Street Management and Enforcement Have dealt with complaints from residents regarding the unauthorised operation of the premises. These relate to: - Noise generated from the installed flues which terminate facing residential properties; - Deliveries to the premises taking place allegedly as late as 2am. They have reviewed the submitted additional information provided by the application in relation to Noise, Odour Control and Waste Management. They have confirmed

3 that this information is satisfactory subject to the imposition of conditions to any approval relating to: - The installation of odour control equipment prior to the recommencement of operations on the site; - That noise mitigation measures as proposed should be implemented prior to the recommencement of operations on the site and that a post completion noise test be undertaken to demonstrate that noise levels do not exceed 5 db below background (LA90) in all octave bands and if not then further mitigation should be proposed to ensure compliance with the noise levels. - That hours of operation are 08:00-22:00 Mon - Sat with no work on Sundays or Bank Holidays. - Delivery, servicing and collection hours of 07:30 to 20:00, Monday to Saturday, no deliveries/waste collections on Sundays/Bank Holidays. - That waste management at the site is undertaken in accordance with the submitted waste management strategy. Head of Highway Services - Clarify if any changes will be made to the boundary fencing; and requested further information relating to vehicles accessing/exiting the loading bay. The applicant has confirmed the type and frequency of vehicles that would access the site. Policy Unitary Development Plan The application property is located within Area 2 Cheetham and Crumpsall of the adopted Unitary Development Plan. The application property is situated within policy area CC10 of the adopted Unitary Development Plan. This policy seeks to encourage the continued high level of economic activity in Strangeways and lower Cheetham Hill Road areas. Other relevant policies in the consideration of the current application are: Policy CC1 which states in considering proposals in this area of the City the Council will have regard to the general policies in Part 1 of the Plan in order to amongst other matters:- - reduce the problems caused by vacant and derelict land and buildings by encouraging redevelopment, especially of smaller sites where shape and location would discourage proper maintenance for open space; - encourage and promote the enterprise skills which exist especially in Strangeways and Chetwood, because of their contribution to the City's economic health; Policy H2.2 states the Council will not allow development which will have an unacceptable impact on residential areas. Those matters that will be considered include the scale and appearance of the development and its impact in terms of noise, vibration, traffic generation, road safety and air pollution.

4 Policy DC26.1 states the Council intends to use the development control process to reduce the impact of noise on people living and working in, or visiting, the City. In giving effect to this intention, the Council will consider both: a. the effect of new development proposals which are likely to be generators of noise; and b. the implications of new development being exposed to existing noise sources which are effectively outside planning control Policy DC26.3 states developments likely to result in unacceptably high levels of noises will not be permitted: a. in residential areas; b. near schools, hospitals, nursing homes and similar institutions; c. near open land used frequently for recreational purposes. Policy DC26.4 states where the Council believes that an existing noise source might result in an adverse impact upon a proposed new development, or where a new proposal might generate potentially unacceptable levels of noise, it will in either case require the applicant to provide an assessment of the likely impact and of the measures he proposes to deal satisfactorily with it. Such measures might include the following: a. engineering solutions, including reduction of noise at source, improving sound insulation of sensitive buildings or screening by purpose-built barriers; b. layout solutions, including consideration of the distance between the source of the noise and the buildings or land affected by it; and screening by natural barriers or other buildings or non-critical rooms within a building; and c. administrative steps, including limiting the operating times of the noise source, restricting activities allowed on the site or specifying an acceptable noise limit. Any or all of these factors will be considered appropriate for inclusion in conditions on any planning permission. Policy DC26.5 states the Council will control noise levels by requiring, where necessary, high levels of noise insulation in new development as well as noise barriers where this is appropriate. Emerging Core Strategy Development Plan Document On the 18th July 2011 Manchester City Council submitted its Core Strategy Development Plan Document to the Secretary of State for independent examination, following the Publication consultation stage in February and March A hearing to examine the Core Strategy together with some changes as a result of consultation responses was held from the 22 nd to 25th November Policy DM 1 of the Core Strategy states all development should have regard to the following specific issues:- - Impact on the surrounding areas in terms of the design, scale and appearance of the proposed development. - Development should have regard to the character of the surrounding area.

5 - Effects on amenity, including privacy, light, noise, vibration, air quality and road safety and traffic generation. This could also include proposals which would be sensitive to existing environmental conditions, such as noise. - Refuse storage and collection. - Vehicular access and car parking. National Policy Planning Policy Guidance 24 Planning and Noise This PPG gives guidance to local authorities in England on the use of their planning powers to minimise the adverse impact of noise. It outlines the considerations to be taken into account in determining planning applications both for noise-sensitive developments and for those activities, which will generate noise. Other Material considerations Strangeways Local Plan The Strangeways local plan identifies the importance of the area for providing employment. The plan states Strangeways has remained an important provider of employment in Manchester and has the highest concentration of businesses outside the city centre. The Local Plan provides a physical framework to enable a layering of employment space and uses across Strangeways building upon and diversifying its employment base and exploiting the advantages of its location. Issues Principle of Use A resident has raised concern that the proposed use is not appropriate in this location given the existence of adjacent residential properties. The application property is located within the Strangeways area of Cheetham Hill with Waterloo Road forming a boundary between the commercial area of Strangeways to the east and residential properties to the west. The application relates to the rear two thirds of the property and will utilise an existing rear service yard and access associated with the buildings previous use as a wholesale warehouse. The application property is approximately 42 metres from the front of the nearest residential properties on Waterloo Road. The Strangeways Local Plan identifies the need to build upon the commercial nature of the area and diversify its employment base which is currently centred on the textile and wholesale trades. It is considered that the use of part of the application property for food manufacturing is appropriate given the commercial nature of Strangeways subject to the consideration of those issues set out below.

6 Visual Amenity The application proposals include the retention of two external flues installed to the rear of the property. The installed flues are of a stainless steel finish and are located to the rear of the premises. The flues extend 1 metre above the roof of the property and are proposed to be directed rearwards away from Waterloo Road. Due to the location and size of the flues it is considered appropriate that they are finished in a colour to reduce there visual appearance. A condition for the submission of details of the colouration of the flues to be agreed is considered appropriate. Odour A number of residents have raised concerns regarding the impacts of odour emanating from the application property as a result of its use for food manufacturing. The applicant has provided details and specifications for equipment that will reduce odours emanating from the premises. The Head of Street Management has confirmed that these details are acceptable and have recommended that the installation of this equipment prior to the recommencement of operations on the site be made a condition of any approval. It is considered that with the installation of the proposed mitigation measures the proposal will accord with policy H2.2 of the adopted Unitary Development Plan and policy DM1 of the emerging Core Strategy Development Plan Document. Noise A number of residents have raised concerns with noise generated from the premise as a result of its operation. The applicant has provided an acoustic assessment relating to the proposal and the impacts of the flues and operation of the business. The assessment recommends mitigation measures in order to reduce noise emanating from the flue extracts including the installation of silencers to the flues and the reorientation of the flues so they are not directed towards residential properties on Waterloo Road. Following a review of the Noise assessment the Head of Street Management and Enforcement has confirmed that the proposed mitigation measures should be implemented prior to the use recommencing but that this should be subject to a post completion test to show that the recommended noise levels recommended (does not exceed 5 db below background (LA90) in all octave bands) has been achieved and if not then further mitigation should be proposed to ensure compliance with the noise levels. It is considered appropriate that a condition be attached to any approval that the proposed mitigation measures be installed within a reasonable time period given that the application is retrospective. It is considered that with the proposed noise mitigation measures the proposal accords with policies H2.2 and DC26.4 of the adopted Unitary Development Plan and policy DM1 of the emerging Core Strategy Development Plan Document. Servicing

7 The application site is serviced from an existing rear service yard. The proposals do not alter or amend this existing arrangement. The applicant has provided details which indicate the number and size of vehicles accessing the site. The Head of Regulatory and Enforcement Services has recommended that a condition be attached to any approval limiting the timing of deliveries and collections to and from the property. This will improve the previous position where there were no restrictions on when the property could be serviced or operated. The proposals are considered to be acceptable and accord with policy H2.2 of the adopted Unitary Development Plan for the City of Manchester and policy DM1 of the Emerging Core Strategy. Car Parking The rear service yard provides 3 number car parking spaces. These are existing spaces and are to be retained unchanged by the proposal. Waterloo Road also provides additional space for car parking; existing traffic regulation orders (double yellow lines) ensure there is protection from inappropriate car parking on the Broughton Street/Waterloo road junction. The Head of Highways Services raises no concern with the level of car parking provided. The use of this part of the ground floor of the building along with the remainder of the building for storage purposes alongside conditions relating to the hours of operation and servicing is considered to be acceptable in this commercial area of Manchester and not give rise to unacceptable impacts on residential amenity. Waste management The applicant has submitted a Waste Management Strategy alongside the application and has indicated on the plans the location of waste bins. The Head of Regulatory and Enforcement Services is satisfied with this information and has recommended that the proposals incorporate this strategy. An appropriately worded condition is proposed to be attached to any approval. Conclusion The proposed use of the building will bring in to activity a part of a property that was previously vacant. The proposal will contribute towards the continued economic activity within the Strangeways area in accordance with policy CC10 of the adopted Unitary Development Plan. The applicant has provided additional information and proposed mitigation measures in relation to noise and odours produced by food manufacturing. It is considered appropriate that conditions relating to the installation of these details prior to operations recommencing be attached to any approval. Human Rights Act 1998 considerations This application needs to be considered against the provisions of the Human Rights Act Under Article 6, the applicants

8 (and those third parties, including local residents, who have made representations) have the right to a fair hearing and to this end the Committee must give full consideration to their comments. Protocol 1 Article 1, and Article 8 where appropriate, confer(s) a right of respect for a person s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Unitary Development Plan, the Head of Planning has concluded that some rights conferred by these articles on the applicant(s)/objector(s)/resident(s) and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. He believes that any restriction on these rights posed by the of the application is proportionate to the wider benefits of and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts. Recommendation APPROVE Reason for Recommendation Approve on the basis that the proposal accords with policies H2.2, CC1, CC10 and DC26.4 of the adopted Unitary Development Plan for the City of Manchester and policy DM1 of the Emerging Core Strategy and there are no other material considerations to indicate otherwise. 1) The development hereby approved shall be carried out in accordance with the following drawings and documents unless otherwise agreed in writing by the City Council as local planning authority: Drawings references: 02 date stamped as received by the local planning authority on the 30/1/2012; 01 Rev A date stamped as received by the local planning authority on the 16/11/2011; Documents: Acoustic Assessment prepared by Azymuth Acoustics ref A1466 dated 20/12/2011 received by the local planning authority via on the 21/12/2012 Waste Management Strategy 100A Waterloo Road, Cheetham Hill, date stamped as received by the local planning authority on the 23/11/2011 Franke Ecovent specifications date stamped as received by the local planning authority 30/1/2012 Reason - To ensure that the development is carried out in accordance with the approved plans, pursuant to policies H2.2 of the Unitary Development Plan for the City of Manchester. 2) Deliveries, servicing and collections, including waste collections shall not take place outside the following hours: 07:30 to 20:00 - Monday to Saturday; No deliveries/waste collections on Sundays/Bank Holidays.

9 Reason - To safeguard the amenities of the occupiers of nearby residential accommodation pursuant to policy H2.2 of the adopted Unitary Development Plan for the City of Manchester. 3) No work or other activity shall take place on the site on Sundays or Bank Holidays and all work and other activity on other days shall be confined to the following hours unless otherwise agreed in writing by the City Council as local planning authority:- 08:00 to 22:00 - Mondays to Saturdays. Reason - To safeguard the amenities of the occupiers of nearby residential accommodation once the development is in operation pursuant to policy H2.2 of the adopted Unitary Development Plan for the City of Manchester. 4) The development hereby approved shall implement the agreed scheme for waste management as contained within the Waste Management Strategy, 100A Waterloo Road, Cheetham Hill, date stamped as received by the local planning authority on the 23/11/2011 the agreed details shall remain in situ whilst the use or development is in operation, unless otherwise agreed in writing by the local planning authority. Reason - In the interests of the amenity and public health of the occupiers of nearby properties in order to comply with Policy H2.2; of the Unitary Development Plan for the City of Manchester. 5) Within 2 months of the date of this decision and prior to the hereby approved development commencing the submitted technical details for the Franke Ecovent system for the removal of odours, date stamped as received by the local planning authority on the 30/1/2012 shall be implemented in full within the development. The agreed details shall remain in situ whilst the use or development is in operation, unless otherwise agreed in writing by the local planning authority. Reason - In the interests of the amenity and public health of the occupiers of nearby properties in order to comply with Policy H2.2; of the Unitary Development Plan for the City of Manchester. 6) Within 2 months of the date of this decision and prior to the hereby approved development commencing the submitted Acoustic Mitigation Measures contained within the Acoustic Assessment prepared by Azymuth Acoustics ref A1466 dated 20/12/2011 received by the local planning authority via on the 21/12/2012 shall be implemented in full within the development. The agreed details shall remain in situ whilst the use or development is in operation, unless otherwise agreed in writing by the local planning authority. Reason - In the interests of the amenity and public health of the occupiers of nearby properties in order to comply with Policy H2.2; of the Unitary Development Plan for the City of Manchester. 7) Within 2 months of the date of this decision a scheme for the acoustic monitoring of the development to determine noise levels in respect of local noise receptors shall

10 be submitted to and approved in writing by the local planning authority. The scheme shall include: - A methodology for undertaking an acoustic monitoring exercise; - Timescales and locations for undertaking the acoustic monitoring; - The reporting procedures of the results from the acoustic monitoring to the City Council as local planning authority. Any necessary noise mitigation measures identified by the acoustic monitoring exercise shall be implemented in accordance with a scheme and timetable agreed in writing with the Local Planning Authority and such measures shall be retained as such at all times thereafter unless otherwise agreed in writing with the Local Planning Authority. Reason - In interests of residential amenity in order to reduce noise and general disturbance in accordance with Policies H2.2 and DC26 and the Unitary Development Plan for the City of Manchester. 8) Within 2 months of the date of this decision a scheme for the colouration of the external flues shall be submitted to and agreed in writing by the local planning authority. The agreed details shall then be implemented in full within 1 month of the written agreement being issued and be retained thereafter whilst the use or development is in operation, unless otherwise agreed in writing by the local planning authority. Reason In the interests of visual amenity within which the site is located, pursuant to Policy H2.2 of the Unitary Development Plan for the City of Manchester. Local Government (Access to Information) Act 1985 The documents referred to in the course of this report are either contained in the file(s) relating to application ref: /FO/2011/N1 held by planning or are City Council planning policies, the Unitary Development Plan for the City of Manchester, national planning guidance documents, or relevant decisions on other applications or appeals, copies of which are held by the Planning Division. The following residents, businesses and other third parties in the area were consulted/notified on the application: Environmental Health Contaminated Land Section Highway Services North Manchester Regeneration Team Ground Floor And First Floor, 49 Broughton Street, Manchester, M8 8AN T O A House, Broughton Street, Manchester, M8 8NN 108 Waterloo Road, Cheetham, Manchester, M8 8AF Irene House, 90 Waterloo Road, Cheetham, Manchester, M8 8AW Vale Coaches (manchester) Ltd, 49 Broughton Street, Manchester, M8 8AN Ground Floor And First Floor, 130 Broughton Street, Manchester, M8 8AN Ground Floor, 130 Broughton Street, Manchester, M8 8AN

11 Unit B1, C & C Industrial Estate, Broughton Street, Manchester, M8 8LR Unit 1a1, C & C Industrial Estate, Broughton Street, Manchester, M8 8NL Units B4 To B6, C & C Industrial Estate, Broughton Street, Manchester, M8 8AQ Unit B2, C & C Industrial Estate, Broughton Street, Manchester, M8 8NL Units A2 And A3, C & C Industrial Estate, Broughton Street, Manchester, M8 8AQ Units A4 And A5, C & C Industrial Estate, Broughton Street, Manchester, M8 8NL Unit B3 Front, C & C Industrial Estate, Broughton Street, Manchester, M8 8NL Rear Unit B3, C & C Industrial Estate, Broughton Street, Manchester, M8 8NL Warehouse Between 17 And 23, Broughton Street, Manchester, M8 8LZ 41A 41B Broughton Street, Manchester, M8 8LZ Unit A Rear Of 23, Broughton Street, Manchester, M8 8LZ Unit B Rear Of 23, Broughton Street, Manchester, M8 8LZ Unit C Rear Of 23, Broughton Street, Manchester, M8 8LZ Unit D Rear Of 23, Broughton Street, Manchester, M8 8LZ Ground Floor, 24 Broughton Street, Manchester, M8 8NN Ground Floor Right And First Floor, 24 Broughton Street, Manchester, M8 8NN Ground Floor Rear, 24 Broughton Street, Manchester, M8 8NN C & C Industrial Estate, Broughton Street, Manchester, M8 8LR 96 Waterloo Road, Cheetham, Manchester, M8 8AW 8 Wellmead Close, Manchester, M8 8BS UNITS A & B AT, 23 Broughton Street, Manchester, M8 8LZ 128 Broughton Street, Manchester, M8 8AN 51 Broughton Street, Manchester, M8 8AN Wellmead Close, Manchester, M8 8BS 68 Derby Street, Manchester, M8 8AT 47 Waterloo Road, Cheetham, Manchester, M8 8BY 70 Derby Street, Manchester, M8 8AT A Waterloo Road, Cheetham, Manchester, M8 8BY 49 Broughton Street, Manchester, M8 8AN 132 Broughton Street, Manchester, M8 8AN Ground Floor Showroom, 42 Broughton Street, Manchester, M8 8NN Representations were received from the following third parties: 19 Wellmead Close 89 Waterloo Road 73 Waterloo Road 79 Waterloo Park, Waterloo Road 51 Broughton Steet Environmental Health Highway Services North Manchester Regeneration Relevant Contact Officer : Robert Griffin Telephone number :

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