Manchester City Council Item 8 Planning and Highways Committee 28 June 2012

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1 Application Number /WST/2012/N1 Date of Appln 8th May 2012 Committee Date 28th Jun 2012 Ward Miles Platting And Newton Heath Ward Proposal Location Applicant Agent Erection of a first floor extension above existing single storey office Viridor Waste Management Facility, Reliance Street, Newton Heath, Manchester, M40 3EZ Mr Chris Bottomley, Viridor Waste Management Ltd, Pilsworth South Quarry & Landfill, Pilsworth Road, Pilsworth, Manchester, BL9 8QZ, Mr Matthew Stafford, Fairhurst, 12th Floor, Portland Tower, Portland Street, Manchester, M1 3LF, Background Planning permission was granted for construction of a new Mechanical Biological Treatment Facility involving erection of two 17m high anaerobic digester tanks, 10 m high maturation building, buffer storage tanks, 4 x 20m high stacks, effluent treatment plant, gas holder, 8m high back up flare, new vehicle enclosure to Dano plant and extension/refurbishment of existing household waste recycling centre under ref /FO/2007/N1 subject to conditions on 9 October A further application (ref: /FO/2009/N1) was subsequently submitted, and sought changing the biofilter with a Regenerative Thermal Oxidiser (a new form of air clean up technology), which was to ensure a more reliable pollution plant with respect to odour and emissions to air. This application was approved subject to conditions on 16th March This development has been implemented and the Biological Treatment Facility is now operational. Description The proposed development would involve erecting a first floor extension above the existing single storey flat roofed office building located to the east of staff car park. As such the first floor area would be the same as the existing ground floor i.e metres x metres, and the overall height of the resultant structure would be 6.1metres. The proposed first floor accommodation would comprise 2 offices, a meeting room and ancillary toilet facilities, with access being via an external staircase on the eastern elevation. The structure would be brick clad to match the exterior at ground level. Two additional air conditioning units would be located on the western elevation at first floor level. The applicant seeks consent for 24 hour use of the proposed first floor extension. In respect of lighting provision, no lighting is shown on the submitted plans. Consultations Local Residents - s have been received from two residents on Holly Bank and Fern Bank, who wish to object to the proposed development. They advise that they have some initial objections which require further information before an ultimate decision can be made. As a group of residents, they advise they

2 have formally expressed their concerns relating to initial planning permission for the plant. They state their homes have suffered (and continue to suffer) problems of odour, lighting and the visual oppression of the plant. They requested further information in regard to the purpose of the new building, the exact dimensions and location in relation to their homes; when the building would be in use and the provisions for lighting and noise outside of operational hours. One resident feels that due to the existing problems listed above any additional construction work on this site should not be granted until a satisfactory solution to residents outstanding issues has been implemented. She advises that residents are currently experiencing noise from the site 24 hours a day and feel that any additional construction can only add to this already unacceptable intrusion on their lives, and hopes consideration will be given to these comments in a sympathetic manner as their lives have been majorly disrupted due to this site for the last 4 years. On receipt of information forwarded, she questions the need for construction being allowed to take place on Saturdays and advises residents have experienced noise nuisance from this site (which has yet to be resolved) since initial construction began and feel it is unnecessary to inflict yet more noise on the local residents especially at weekends; queries why 24 hour usage is necessary, and feels that lighting needs to be approved at planning otherwise there will be problems for us (the neighbours) as we found with the initial site. These need to be operated by motion sensors or they will be left on indefinitely as this has been a problem at the site in the past with a light being left on which is situated on top of the R.T.O. Lighting has been a major concern with some lights on site shining directly onto and into our properties. She advised that residents have been advised there would be no visual impact on them, but as there is no screening of the plant at all they won't know whether it impacts on our view until it has been built. The original plans state there would be minimal visual impact but this has definitely not been the case. Two further s have been received from the second resident seeking further information on hours of use; construction hours and control of construction noise; and querying what plans are in place to ensure lighting does not remain on outside of these hours, and suggesting lighting is pre-timed or uses motion sensors. She advises residents have previously had to ring the plant outside of operational hours to request lights are turned off as they can glare into their properties. This can include lamp-posts which are similarly several meters high. Relying on the operation of a manual switch to turn things off can fall to error. On receipt of the information forwarded to the resident to respond to her queries, further comments were received - confirming her wish to maintain her objection, and questioning the need for 24 hour usage, and expressing concern about the lack of detail in the use of lighting. In respect of lighting she expresses a preference for automatic/sensor lighting, as in the past 2-3 months, she has contacted the plant on at least 3 separate occasions when a switch had forgotten to be switched off and lighting was glaring into her property. On receiving confirmation no external lighting is proposed, she has stated that internal lighting is of equal importance in this example. There is glare/reflection from existing internal lighting off the external grey structures (one dome-like structure in particular).

3 Head of Environmental Health - Any significant comments will be reported to Committee. Head of Environmental Health (Contaminated Land Section) - Any significant comments will be reported to Committee. Environment Agency - Have no objections to the proposal. Issues There are a number of policies, national and local, relevant to this application which include: The Unitary Development Plan for the City of Manchester (1995) The site falls with the wider area covered by policy EM6. Policy EM6 states that Newton Heath is an established residential area and contains the Newton Heath District Centre. Within Newton Heath development will be permitted which includes: i. Retail, community facilities and mixed use development within Newton Heath District Centre; ii. Locating mixed use development along Oldham Road and around the proposed Metrolink stop; iii. Extending the type, size and tenure of new housing to create a mixed and balanced community with the introduction of more owner occupied housing; iv. Provision of environmental improvements to enhance recreational open space, public areas, the Rochdale Canal and Oldham Road; v. Retention of the modified grid street pattern which links to areas of open space, the Rochdale Canal and Newton Heath District Centre; vi. Improvements to the provision of pedestrian and cycle links between Newton Heath and Central Park and Sportcity, and within Newton Heath to the District Centre, proposed Metrolink stop and the quality bus corridor on Oldham Road. Policy H2.2 is also relevant and states that the Council will not allow development, which will have an unacceptable impact on residential areas. The matters that the Council will consider will include the scale and appearance of the development and its impact in terms of noise, vibration, traffic generation, road safety and air pollution. Policy DC Relates to the proposals contribution to the local noise environment and the impact of existing noise sources on the development has been assessed, particularly in relation to the proposed residential units. Policy DC Relates to the assessment of the development, in terms of measures to control noise, including the provision of noise insulation. The policies relating to the impact of the proposal in respect of noise and lighting are explored in more detail within the issues section of the report.

4 National Planning Policy Framework The Framework re-iterates that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The statutory status of the development plan remains as the starting point for decision making. However, paragraph 14 states that `at the heart of the Framework is a presumption in favour of sustainable development and, in `decision-taking, this means that development proposals should accord with the development plan should be approved without delay unless: Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or Specific policies in this Framework indicate development should be restricted. National Policy Framework has been related to the proposed development, with particular emphasis given to the following: These issues have been considered with reference to the core strategy policies as set out in the committee report. Core planning principles in Framework - Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. In this case specific weight is given to the need to: i. Proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs; ii. Secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; iii. Take account of the different roles and character of different areas, promoting the vitality of our main urban areas; iv. Support the transition to a low carbon future in a changing climate, taking full account of flood risk and encourage the reuse of existing resources, including conversion of existing buildings, and encourage the use of renewable resources, including renewable energy; Contribute to conserving and enhancing the natural environment and reducing pollution; v. Encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value; vi. Promote mixed use developments, and encourage multiple benefits from the use of land in urban and rural areas, recognising that some open land can perform many functions; vii. Actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable; and viii. Take account of and support local strategies to improve health, social and cultural wellbeing for all, and deliver sufficient community and cultural facilities and services to meet local needs. The following specific policies are considered to be particularly relevant to the proposed development:

5 i. Policy 7: Requiring good design Reflects upon the importance of design to the built environment and its contribution to sustainable development and making places better for people. It is considered that the design of the first floor accommodation is in keeping with the existing building, and would be appropriate in regard the location of the proposed facility. Emerging Core Strategy Manchester s emerging Core Strategy will be the key Development Plan Document in the Local Development Framework and will replace significant elements of the existing Unitary Development Plan. The Core Strategy went through Examination in Public in November last year and the Inspector s final report will be published shortly. The Core Strategy is expected to be adopted by the City Council in July this year. Policies in the Core Strategy have been referred to in the body of this report. The following specific policies are considered to be particularly relevant to the proposed development: The following specific policies are considered to be particularly relevant to the proposed development: Policy DM1 Development Management - Follows the principles advocated in the aforementioned policies and informs that all development should have regard to the following specific issues for which more detailed guidance may be given within a supplementary planning document:- - Appropriate siting, layout, scale, form, massing, materials and detail. - 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. - 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. - Accessibility: buildings and neighbourhoods fully accessible to disabled people, access to new development by sustainable transport modes. - Community safety and crime prevention. - Design for health. - Adequacy of internal accommodation and external amenity space. - Refuse storage and collection. - Vehicular access and car parking. - Effects relating to biodiversity, landscape, archaeological or built heritage. - Green Infrastructure including open space, both public and private. - Flood risk and drainage. - Existing or proposed hazardous installations. - Developers will be required to demonstrate that new development incorporates sustainable construction techniques. For reasons to be outlined below, it is considered the proposal accords with this policy.

6 Policy EN19 - Waste. Policy EN19 advises that the Council will - Work with other Districts through the Greater Manchester Joint Waste Development Plan Document (GMJWDPD) to safeguard existing sites for waste management and identify and safeguard new sites in existing areas of employment where appropriate. Require all developers, including those of new waste management facilities within the district to demonstrate the proposal s consistency with the principles of the waste hierarchy ( prevention, reduction, re-use, recycling/composting, energy recovery, final disposal); - Require all developers of new waste management facilities within the District to plan for and, where appropriate, use sustainable modes for waste transport, including use of modes such as rail and the Manchester Ship Canal; - Require all developers to submit a waste management plan to demonstrate how both construction and demolition waste will be minimised and recycled on site wherever possible and how the sustainable waste management needs of the end user will be met. - Have full regard to the economic and environmental benefits that well designed and run, waste management facilities can bring to the District, subject to any conditions required to protect the amenity of existing adjacent users. - Promote the development of innovation and technological advancement within the sustainable waste management industry, aiming to achieve a close-loop waste management system. - Require waste management practises to have full regard to the environmental, social and economic impacts of such development and encourage long term benefits in improving the environment, the regeneration of areas in need of investment and collocation with other employment uses where appropriate; - Encourage communities to take responsibility for the waste they create through the provision of accessible facilities. The proposed development would accord with the above policy EN19, in that the provision of additional ancillary office accommodation is required in the connection of the running of an existing Mechanical Biological Treatment Facility. North West of England Plan Regional Spatial Strategy (RSS) to 2021 The Regional Spatial Strategy (RSS) for North West England was adopted in September 2008 and replaces the previously published Regional Planning Guidance (RPG13). The RSS provides a framework for development and investment in the region over the next fifteen to twenty years. The document sets out the framework for delivering sustainable development in the North West. The strategy allocated a maximum housing provision of 63,000 for Manchester between 2003 and There are a number of policies relevant to this development proposal within the RSS including the following: Policy DP1 `Spatial Principles' outlines the main principles that underpin the RSS to which all other regional, sub-regional and local plans and strategies and all individual proposals, schemes and investment decisions should adhere to. These include to

7 promote sustainable communities, promote sustainable economic development, make the best use of existing resources and infrastructure, manage travel demand, reduce the need to travel, and increase accessibility, marry opportunity and need, promote environmental quality, mainstreaming rural issues, and to reduce emissions and adapt to climate change. Policy DP7 'Promote Environmental Quality' outlines that environmental quality (including air, coastal and inland waters), should be protected and enhanced, especially by understanding and respecting the character and distinctiveness of places and landscapes, the protection and enhancement of the historic environment, promoting good quality design in new development and ensuring that development respects its setting taking into account relevant design requirements, reclaiming derelict land and remediating contaminated land for end-uses to improve the image of the region and use land resources efficiently, maximising opportunities for the regeneration of derelict or dilapidated areas, and maintaining and enhancing the quantity and quality of biodiversity and habitat. The general thrust of the RSS sets out to deliver sustainable developments, having regard to economic, social and environmental issues relevant to a particular area. In this instance it is considered that the proposal accords with the aspirations of the Regional Spatial Strategy. Layout and Design The proposed first floor extension to the existing office accommodation has been designed to match the external design of the ground floor accommodation i.e. brick clad with a flat roof. The planning agent was asked to revise the scheme so that the roller shutters at first floor level would have recessed boxes in addition to being powder coated to match the existing shutters at ground level. Revised plans showing these revisions have been received, and it is proposed to condition them accordingly. Visual Impact The nature and scale of the proposed development is significantly lower in height the existing structures to the south-east and north-east within the waste treatment plant. Given the distance of the proposed development is approx 85m from the river valley and approx 95metres from the nearest residential accommodation, it is not considered that the first floor accommodation would have an unduly detrimental impact on the visual amenities of the area. The proposal is set well into the site and would be seen within the context of the existing waste treatment site. Noise The previously approved applications for the Mechanical Biological Treatment Facility were accompanied by a Noise Assessment. However, residents have continued to raise concerns over noise in respect of the overall Mechanical Biological Treatment Facility operation, in particular a `hum which causes disturbance. This matter is subject to a thorough on-going investigation by City Council officers and Viridor to find the source and implement appropriate mitigation measures. This application relates solely to the provision of office accommodation. It is not considered that the

8 proposal would give rise to noise which would adversely impact on local residents. However, in view of noise issues on this site it is recommended that an acoustic insulation condition in respect of external plant i.e. air-handling units is attached to any planning approval. Hours of operation The Mechanical Biological Treatment Facility by the nature of the operations on the site is a 24 hour facility.as such the applicant is seeking that the proposed office floorspace could be used on a 24 hour seven days a week basis, for management and administrative work to support the operations on the site. Given the nature and scale of the office floorspace being proposed, it is not considered that the intensity of the use would give rises to residential disamenity as to warrant the refusal of planning permission. Lighting No lighting is proposed in connection with the proposed first floor accommodation and this has been confirmed by the planning agent in an dated 8th June Residents concerns in respect external and internal lighting at the Mechanical Biological Treatment Facility have been noted, but it is considered that the level of lighting within the proposed office accommodation and the location of the office within the site, should not give rise to residential disamentiy. Issues in connection with external lighting have been and continue to be addressed by Viridor when they arise. Disabled Access The ground floor office accommodation has ramped access ( which would be retained), but it is proposed that the first floor accommodation would be accessed by an external staircase on the eastern elevation of the building. Other matters raised by residents In respect of concerns expressed about odour, Viridor and City Council officers have fully investigated issues of odour previously raised in connection with the operation of the Mechanical Biological Treatment Facility. Mitigation measures have been introduced in order to minimise the problem. This issue is not considered to be relevant to the current proposal which is for additional office accommodation on the site. Regular resident liaison meetings are held by Viridor with Councillor and officers in attendance in order to ensure issues including odour, noise and lighting are dealt with if they arise at this site. Residents also have contact numbers of Viridor staff to enable contact with Viridor if problems any problems occur. Human Rights Act 1998 considerations This application needs to be considered against the provisions of the Human Rights Act Under Article 6, the applicants (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,

9 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 approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts. Recommendation APPROVE Reason for recommendation On the basis that the proposal is in accord with the City Council's Unitary Development Plan (in particular Policies H2.2, DC26.1, DC26.5) and with other material considerations of material weight (in particular the Guide to Development in Manchester Supplementary Planning Document; the Emerging Core Strategy policies EN19 and DM1; and the National Planning Policy Framework policy 7; and there are no material considerations of sufficient weight to indicate otherwise, in that the development would ancillary office accommodation to support the operation of the Mechanical Biological Treatment Facility, the scheme design that does not harm the character of the area, and there would not be any significant impacts on the residential amenities of adjoining occupiers. Conditions to be attached to the decision 1) The development must be begun not later than the expiration of three years beginning with the date of this permission. Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act ) 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: Design and Access Statement (April 2012) Ground Investigation CCG-C (March 2012), Planning Supporting Statement, plan refs: 93218/8001 rev.a, 93218/8002 rev.a, 93218/8003 rev.a, 93218/8004 rev.a 93218/8006 rev.a date stamped as received 27th April 2012; As amended by letter dated 6th June 2012, plan ref: 93218/8005 rev. B received by dated 8th June 2012, and dated 8th June 2012 confirming no external lighting to the proposed first floor extension. Reason - To ensure that the development is carried out in accordance with the approved plans, pursuant to policy H2.2 of the Manchester Unitary Development Plan, and policy DM1 of the emerging Core Strategy for Manchester. 3) No development that is hereby approved shall commence unless and until samples and specifications of all materials to be used on all external elevations of the

10 development have been submitted to and approved in writing by the City Council as local planning authority. The development shall be constructed only using the approved materials unless otherwise agreed in writing by the City Council as local planning authority. Reason - To ensure that the appearance of the development is acceptable to the City Council as local planning authority in the interests of the visual amenity of the area within which the site is located, pursuant to policy H2.2 of the Manchester Unitary Development Plan, and policy DM1 of the emerging Core Strategy for Manchester. 4) The hours of construction of the development hereby approved shall be restricted to 7.30am to 6:00pm on Monday to Friday, 8.30am to 2.00pm on Saturday, with no work at any other time including Sundays and Public Holidays, unless otherwise agreed with the local planning authority. Reason - In interests of residential amenity in order to reduce disturbance during construction in accordance with Policies H2.2 of the Unitary Development Plan for the City of Manchester, and policy DM1 of the emerging Core Strategy for Manchester. 5) Before first occupation of the development the building, together with any externally mounted ancillary equipment, shall be acoustically insulated in accordance with a scheme submitted to and approved in writing by the City Council as local planning authority in order to secure a reduction in the level of noise emanating from the equipment. Reason - To safeguard the amenities of the occupiers of nearby residential accommodation, pursuant to policy H2.2 of the Manchester Unitary Development Plan, and policy DM1 of the emerging Core Strategy for 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: /WST/2012/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 Environment Agency Contaminated Land Section 1 Dean Avenue, Manchester, M40 3AD 2 Dean Avenue, Manchester, M40 3AD High Peak Street, Manchester, M40 3AJ

11 4 High Peak Street, Manchester, M40 3AJ 1-13, 2-20 Colclough Close, Manchester, M40 3AN Williams Road, Moston, Manchester, M40 0AP 1-29 Lilmore Avenue, Manchester, M40 1EY Williams Road, Moston, Manchester, M40 0AP 1 5 (all) Holly Bank, Williams Road, Moston, Manchester, M40 0AH 1-5 (all) Fern Bank, Williams Road, Moston, Manchester, M40 0BW The Fairway, Manchester, M40 3WA 1-11, 2-8 Calverton Drive, Manchester, M40 3AQ 2-22 Gullane Close, Manchester, M40 The Fairway, Manchester, M40 3WA Flat 1, 6 High Peak Street, Manchester, M40 3AJ Flat 2, 6 High Peak Street, Manchester, M40 3AJ Flat 1, 8 High Peak Street, Manchester, M40 3AJ Flat 2, 8 High Peak Street, Manchester, M1 3AJ Unit 9, Reliance Street Enterprise Park, Reliance Street, Manchester, M40 3AL Unit 10, Reliance Street Enterprise Park, Reliance Street, Manchester, M40 3AL Unit 1, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 1b, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL 6 Reliance Street, Manchester, M40 3AL Reliance Street Enterprise Park, Reliance Street, Manchester, M40 3AL Fern Bank, Williams Road, Moston, Manchester, M40 0BW Holly Bank, Williams Road, Moston, Manchester, M40 0AH Unit 5, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Broadhurst Primary School, Williams Road, Moston, Manchester, M40 3AQ Units 7 And 8, Reliance Street Enterprise Park, Reliance Street, Manchester, M40 3AL Enterprise Park, Reliance Street, Manchester, M40 3AL Moston Grange Nursing Home, 29 High Peak Street, Manchester, M40 3AT 3 Dean Avenue, Manchester, M40 3AD 4 Dean Avenue, Manchester, M40 3AD 5 Dean Avenue, Manchester, M40 3AD Flat 1, 5 Dean Avenue, Manchester, M40 3AD Flat 2, 5 Dean Avenue, Manchester, M40 3AD Flat 1, 4 Dean Avenue, Manchester, M40 3AD Flat 2, 4 Dean Avenue, Manchester, M40 3AD Flat 1, 3 Dean Avenue, Manchester, M40 3AD Flat 2, 3 Dean Avenue, Manchester, M40 3AD 56 Williams Road, Moston, Manchester, M40 0AP 60 Williams Road, Moston, Manchester, M40 0AP Caretakers Bungalow, Williams Road, Moston, Manchester, M40 0AP Talbot House Support Centre, 1 High Peak Street, Manchester, M40 3AT Williams Road, Moston, Manchester, M40 0AP Representations were received from the following third parties: 1 Holly Bank, Williams Road, Moston, Manchester, M40 0AH 6 Fern Bank, Williams Road, Moston, Manchester, M40 0BW

12 Relevant Contact Officer : Sue Wills Telephone number : s.wills@manchester.gov.uk