Manchester City Council Planning and Highways Committee 2 June 2011

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1 Application Number /FO/2011/N1 Date of Appln 21st Mar 2011 Committee Date 2nd Jun 2011 Ward Cheetham Ward Proposal Location Applicant Agent Installation of 929 square metre mezzanine floor area to operate under A1(non-food) use class within existing store Unit 1, Manchester Fort Shopping Centre, Cheetham Hill Road, Cheetham, Manchester, M8 8EP, Manchester Fort Retail Park General Partners Ltd, 201 Bishopgate, London, EC2M 3AE GVA Ltd, 81 Fountain Street, Manchester, M2 2EE Description The site Manchester Fort Shopping Park is a large out of centre non-food retail park located approximately 1 mile to the north of Victoria station and a similar distance south from the edge of Cheetham Hill district centre. It lies on a key radial route and is considered to be a successful retail park with low levels of vacant units, which consist of comparison goods retailers, DIY retailer, and associated restaurant and hot and cold food takeaway uses. Vehicular access to the Shopping Park is gained via Cheetham Hill Road with internal roads servicing the retail units via a central miniroundabout. Description The current application relates to the provision of a mezzanine floor within Unit 1 ( currently occupied by B & Q) comprising 929 sq.m.( 10,000 sq.ft.). The floorspace would be located in the north western corner of the unit, and would be adjacent to existing staffrooms, offices and lift provision. There are no changes proposed externally to the building, and no changes to the existing landscaping, car parking and access arrangements. The floorspace would be used for purposes ancillary to the main use of Unit 1 a Class A1 non - food retail store. Consultations Local Residents/Local Businesses - No comments. Head of Highway Services - No objections. Head of Regulatory & Enforcement Services( Pollution) - Advise that they have no adverse comments or objections, but note that if the proposed floorspace is used for anything other than ancillary to the existing use - that is retail, storage or office space, then other measures may be required. Page 1 of 8 225

2 North Manchester Partnership - Any significant comments will be reported to Committee. Issues Policy PPS1 Delivering Sustainable Development Planning is to promote sustainable and inclusive patterns of development by protecting and enhancing existing communities, contributing to sustainable economic development, ensuring high quality development through good and inclusive design, ensuring that development supports existing communities and contributes to the creation of safe, sustainable, liveable and mixed communities with good access to jobs and key services for all members of the community, creating safe and accessible environments, promoting the more efficient use of land through higher density and ensuring that new development is located where everyone can access services or facilities on foot, bicycle or public transport rather than having to rely on access by car. PPS4 Planning for Sustainable Economic Growth Main town centre uses such as shopping should be directed towards existing centres, in accordance with the aims of PPS1. Where such uses are proposed outside of such centres, the applicant is to demonstrate the need for the proposal, that it is an appropriate scale, that site selection has been taken by sequential approach, that no undue economic impact would be caused to existing centres, and that the location is accessible by a choice of transport modes. PPG13 Transport The objectives of this guidance are to integrate planning and transport at the national, regional, strategic and local level and in particular to promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling. In order to deliver the objectives of this guidance, when preparing development plans and considering planning applications, local authorities should ensure that development comprising jobs, shopping, leisure and services offers a realistic choice of access by public transport, walking, and cycling. North West of England Plan Regional Spatial Strategy to 2021 The document sets out the framework for delivering sustainable development in the North West. Following the " Cala" legal ruling, the RSS still forms a material consideration in determining planning applications. Spatial principle policies relevant to the proposed development include policy DP3 - promoting sustainable economic development; policy DP5 - managing travel Page 2 of 8 226

3 demand; reduced need to travel and increased accessibility; policy DP7 - promoting environmental quality, and policy DP9 - reduction of emissions and adaptation to climate change. Policy MCR2 is also relevant. In the inner areas ( where this site is located) it advises that plans and strategies should provide for employment. The proposal would accord with the aspirations outlined in those policies. Unitary Development Plan for the City of Manchester (adopted 1995) The site is allocated within the Unitary Development Plan in policy CC18 as a 'nonfood' retail warehouse park and supported by UDP Part 1 policy S2.3 which seeks the limited expansion of the non-food retail park at Queens Road. The area based policy CC1 for Cheetham and Crumpsall seeks to ensure a balanced distribution and wide range of accessible shopping facilities to meet the needs of all sections of the community. Policy S2.3 states that the Council will permit the limited expansion of the non-food retail park at Queens Road, Cheetham. It is expected that improvements will be made, where necessary, to enhance accessibility for disabled people. Policy S2.5 states that the council will seek to ensure that shopping facilities are of a high standard of design with adequate parking provision and provide a safe and attractive environment for shoppers. The Guide to Development in Manchester 2 This Supplementary Planning Document seeks appropriate design, quality of public realm, facilities for; disabled users in accordance with the City Councils Design for Access 2 guidance, pedestrians, and cyclists. The promotion of a safer environment through Secure by Design principles, appropriate waste management measures, and environmental sustainability evidenced under BREEAM or other standards. Issues Principle The development would be outside existing shopping centres for the purposes of PPS4. However, the creation of 929 sq.m. of mezzanine floorspace within Unit 1 would only take place after the removal of the mezzanine floorspace from within Unit 29 (proposals in respect of Unit 29 are under consideration elsewhere on this agenda). This can be dealt with by a Grampian condition. The applicants furthermore wish to enter into a Unilateral Agreement in respect of this matter in connection with the above development and the other proposals relating to Unit 29, as they wish to safeguard the level of floorspace, which is to be lost as a direct result of the other application ref: on this agenda which would involve a change in the use of Unit 29 to allow the sale of food. Page 3 of 8 227

4 A qualitative need has been identified for the development, in the interests of the maintaining the vitality and viability of shopping park. While a quantitative need is to be given the greatest weight, given the following material considerations: - there has been no objection to the proposal from a quantitative viewpoint; - the limited gross maximum A1 floor space proposed and its amount relative to the existing shopping; - the additional measures proposed by the applicant to ensure that the creation of 929 sq.m. of mezzanine floorspace within Unit 1 would only take place after the removal of the mezzanine floorspace from within Unit by way of a Grampian condition; -the potential regeneration benefits. The principle of the proposed increase in Class A1 floorspace is considered acceptable, notwithstanding the lack of a clear quantitative need. Scale of development It is considered that the proposal would generally complement the role and function of the existing shopping park, and would be of an appropriate scale. Effect on existing shopping centres The proposed development would not lead to an overall increase in the floorspace within the retail park as whole and would therefore be unlikely to have a significant effect on the vitality and viability of Cheetham Hill district centre. Traffic Given no increase of floorspace would occur within the Manchester Fort Shopping Centre as a result of this proposal, it is considered that there would be no material impact of traffic movements, or on existing public transport services on Cheetham Hill Road. Car Parking and Vehicular Access No changes are proposed in respect of the existing car parking and access arrangement to the store. As the principle of this level of floorspace has already been established within the retail park, it is not considered that additional parking provision would be needed in this instance. There are currently 1141 parking spaces within Manchester Fort Shopping Centre. The site is situated adjacent to the quality bus corridor along Cheetham Hill Road. Servicing and servicing hours The increase in floorspace within Unit1 would create a minor increase in servicing requirements. Existing servicing and deliveries are handled in the existing yard to the rear of the unit which is accessed from North Street and the service road to the rear Page 4 of 8 228

5 of the adjacent retail units. It is not considered that the increase in the level of servicing would give rise to significant highway issues, or residential amenity issues in this instance. Hours relating to servicing, deliveries and collections will be conditioned to reflect those in place for Unit 1. Disabled Access Unit 1 was constructed in accordance with disabled access requirements, and has level access, accessible parking and toilet facilities. In addition there is an existing lift which serves the existing staff accommodation on the upper floor, which would enable level access to the proposed mezzanine floorspace. Conclusion The proposed development will enhance the vitality and viability of this shopping location and further regeneration of the wider area. On this basis the proposed development is considered to be acceptable and there are no other material considerations to indicate otherwise. 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, 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 MINDED TO APPROVE MINDED to APPROVE subject to a Unilateral Agreement relating to Unit 29, Manchester Fort Shopping Park, and on the basis that the application accords with policies S2.3, S2.5, CC1, CC18 of the Unitary Development Plan for the City of Manchester (adopted 1995), and national policy guidance contained in PPS1, PPS 4, and PPG13 on the basis that the proposal would contribute to the vitality and viability of the shopping park and regeneration area, while being appropriately accessible and not having a significant economic impact on existing centres, and there are no material planning considerations of sufficient weight to indicate otherwise. Page 5 of 8 229

6 Conditions and/or Reasons 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: drawing ref: ( site edged red ), rev.a ( internal layout plan) date stamped as received by the local planning authority on the 18th March Documents titled 'Design and Access Statement prepared by Costorphine and Wright, and a waste management strategy, all date stamped as received by the local planning authority 18th March 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. 3) The mezzanine floorspace hereby approved shall not be open outside the following hours, unless otherwise agreed in writing by the City Council as Local Planning Authority: Unit 1: Monday to Friday Saturday Sunday and Bank Holiday Reason - To safeguard the amenities of the occupiers of nearby residential accommodation, pursuant to policy H2.2 of the Unitary Development Plan for the City of Manchester (adopted 1995). 4) No delivery, servicing or collection vehicles (including waste collections) shall enter or leave the site between 2200 and 0700 Mondays to Saturdays. On Sundays and Bank Holidays delivery, servicing or collection vehicles may only enter and leave the site between the hours of 0900 and Reason - To safeguard the amenities of occupiers of nearby residential accommodation, pursuant to policy H2.2 of the Unitary Development Plan for Manchester (adopted 1995). 5) The mezzanine floorspace (929 sq.m. ) hereby approved shall only be used for non-food purposes and for no other purpose ( including any other purpose in Class A1 of the schedule to the Town and Country Planning (Use Classes) Order 1987 as amended, or any provision equivalent to a class in any statutory instrument revoking or re-enacting that order with or without modification. Page 6 of 8 230

7 Reason - The site is in an area where food retailing is not normally permitted, pursuant to policy CC18 of the Unitary Development Plan for the City of Manchester (adopted 1995). 6) This permission hereby approved relates to: a Class A1 non-food store floorspace of no more than maximum gross internal floorspace of 929 sq.m. unless otherwise agreed in writing by the City Council as local planning authority. Reason - For the avoidance of doubt and to accord with policy CC18 of the Manchester Unitary Development Plan. 7) No development shall commence, until the removal of the existing mezzanine floor ( 257sq.m. / 2,766 sq.ft.) and of unimplemented / extant mezzanine floorspace ( 672sq.m.) of Unit 29 of the Manchester Fort Shopping Centre takes place ( in accordance with Planning Permission ref: /FU/2011/N1), and until written confirmation by the Council as local planning authority of the discharge of this condition has been received. Reason - For the avoidance of doubt, and pursuant to policy CC18 of the Unitary Development Plan for Manchester (adopted 1995). 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: The City Solicitor The City Solicitor Highway Services Environmental Health Contaminated Land Section North Manchester Regeneration Team Planning Strategy 1-9, 2-14 Redwood Drive, Manchester, M8 8UR 2-18 Holborn Drive, Manchester, M8 8US Queens Road, Manchester, M8 8UF 1-11Signet Walk, Manchester, M8 8UH 12B Queens Road, Manchester, M8 8UR Units 1 8 ( all), Manchester Fort Shopping Centre, Cheetham Hill Road, Manchester, M8 8EP Cheetham Hill Retail Park, Elizabeth Street, Manchester, M8 8BB Unit A, Cheetham Hill Retail Park, Elizabeth Street, Manchester, M8 8BB Unit B1, Cheetham Hill Retail Park, Elizabeth Street, Manchester, M8 8BB Page 7 of 8 231

8 Unit B2, Cheetham Hill Retail Park, Elizabeth Street, Manchester, M8 8BB Unit B3, Cheetham Hill Retail Park, Elizabeth Street, Manchester, M8 8BB Unit C, Cheetham Hill Retail Park, Elizabeth Street, Manchester, M8 8BB Nandos, Unit 38, Manchester Fort Shopping Centre, Cheetham Hill Road, Manchester, M8 8EP Representations were received from the following third parties: Relevant Contact Officer : Sue Wills Telephone number : s.wills@manchester.gov.uk Page 8 of 8 232