Manchester City Council Item 6 Planning and Highways Committee 8 May 2014

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1 Application Number /FO/2014/N1 Date of Appln 28th Feb 2014 Committee Date 8th May 2014 Ward Moston Ward Proposal Location Applicant Agent Change of use of ground floor to a hot food takeaway (Fish & Chip Shop - Use Class A5), with associated elevational alterations, including erection of new chimney at roof level (for internal flue termination), together with the installation of new railings and gates to the rear yard area Diamond Bookmakers, 238 Lightbowne Road, Moston, Manchester, M40 5EF Ms Stephanie Shae, 315/317 Lightbowne Road, Moston, Manchester, M40 0HL Stephen Mckiernan, Reef Solutions, 86 Ash Grove, Walkden, Manchester, M28 7FH Description The Site - This application relates to an end terrace property located at 238 Lightbowne Road within the Moston area of North Manchester. The property is on the corner of Lightbowne Road and Oscar Street. The area surrounding the application site is residential in nature however there are various commercial properties located along this stretch of Lightbowne Road, most immediately the convenience store located directly adjacent to the application site and the large Co-op store that occupies a number of units on the opposite side of Oscar Street, fronting Lightbowne Road. The application site was most recently used as a bookmakers (Use Class A2). The Proposal - Planning permission is sought for the change of use of the ground floor to a hot food takeaway (Use Class A5) and associated elevational alterations, including the erection of a new chimney at roof level to facilitate the termination of an internally routed flue, together with the installation of gates to the rear. The proposed takeaway is proposed to be a fish and chip shop that would be open from 11am to 7pm Monday to Sunday. It should be noted that the hours of operation have been reduced since first submission as previously the applicant wished the hours of operation to be 12 noon to 10pm Monday to Saturday and 4pm to 8pm on Sundays. In addition, the flue was initially proposed to be mounted externally, but it is now proposed to be routed internally, terminating in a new chimney that would project slightly from the roof. As part of the works, a boarded up window on the side elevation facing Oscar Street would be bricked up and some new gates would be installed in the rear boundary wall in order to allow access to the refuse bins that would be located in the rear yard area.

2 Consultations Neighbours - Occupiers of properties surrounding the application site were notified of the proposal. No representations have been received. Highway Services - No objections Environmental Health - Stated that conditions relating to hours of operation, acoustic insulation of the premises, acoustic insulation of any external plant, refuse storage and collection, fume extraction and delivery/servicing hours should be applied to any approval granted. North Manchester Regeneration Team - As the hours have now been reduced and the flue has been moved internally this is a more favourable application however North Manchester Regeneration still have reservations, e.g. parking issues. In addition to our previous replies there is also an oversupply of hot food takeaways in the Moston area and we would not be supportive of any change of use applications for this type of offer in the ward. Contaminated Land Section - No representations received Greater Manchester Police - No representations received Issues National Planning Policy In March 2012, the National Planning Policy Framework (NPPF) replaced the previously published planning policy statements (PPSs) and planning policy guidance notes (PPGs). The NPPF states that planning decisions should aim to ensure that developments will function well and add to the overall quality of the area. It states that permission should be refused for development of poor design that fails to improve the character and quality of an area. The NPPF also states that the planning system can play an important role in creating healthy, inclusive communities. Local Policy Manchester Core Strategy - The Core Strategy Development Plan Document ("the Core Strategy") was adopted by the City Council on 11 July It is the key document in Manchester's Local Development Framework. The Core Strategy replaces significant elements of the Unitary Development Plan (UDP) as the document that sets out the long term strategic planning policies for Manchester's future development. A number of UDP policies have been saved until replaced by further development plan documents to accompany the Core Strategy. Planning applications in Manchester must be decided in accordance with the Core Strategy, saved UDP policies and other Local Development Documents. Policy DM1 (Development Management) states that all development should have regard to various issues, including:

3 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, odours, litter, vermin, birds, 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 Refuse storage and collection Vehicular access and car parking Effects relating to landscape, archaeological or built heritage. Saved policy DC10 within the Unitary Development Plan for Manchester relates to 'Food and Drink Uses'. The policy states that: In determining planning applications for developments involving the sale of food or drink for consumption on the premises, or for hot food to be consumed off the premises, the Council will have regard to: a. the general location of the proposed development b. the effect on the amenity of neighbouring residents c. the availability of safe and convenient arrangements for car parking and servicing d. ease of access for all, including disabled people; and e. the storage and collection of refuse and litter. The Council will normally accept the principle of developments of this kind in the City Centre, industrial and commercial areas, in shopping centres and, at ground level, in local shopping parades of more than 8 shops or offices. Developments for food and drink uses will not normally be permitted where there is a house or flat on the ground floor next to the proposed business, or only separated from it by a narrow street or alleyway. For the reasons below, the proposal is considered to be acceptable and broadly consistent with policy DM1 of the Core Strategy and saved policy DC10 of the UDP. The proposed use, residential amenity and car parking - It is acknowledged that the application site is not located within a parade of at least 9 units, so is therefore inconsistent with part of UDP policy DC10 as outlined above. However, there are A1 shops located directly adjacent to the site (at No. 240 Lightbowne Road) and on the opposite corner across Oscar Street (a Co-op store that takes up a number of units fronting Lightbowne Road), and there is also a parade of other commercial properties located slightly further down Lightbowne Road. It is also acknowledged that there is a residential property located to the rear of the site at No. 2 Oscar Street (separated from the application site by a wide alleyway). Given these facts, having a new A5 use at the property in this location is not considered to be an issue seeing as the level of activity that would be generated by it is likely to be similar to that generated by an A1

4 use and the proposed A5 use would not be open past 7pm in the evening. Due to the hours of operation proposed, the new use would therefore not cause any late night anti-social behaviour that late night shops and takeaways can often be the generators of. The proposed use of the property as a fish and chip shop (Use Class A5) between the hours of 11am and 7pm Monday to Sunday is considered to be acceptable. It should be noted that these hours represent a considerable reduction in the hours initially proposed for the new use. It is considered that a fish and chip shop operating within these reduced hours would have no more detrimental an impact within the area in terms of its impact on local residents than a newsagents/sandwich shop/minimarket etc which could operate at this site without needing to obtain a new planning permission. It is considered that trade at the business is likely to be primarily from the local area where people are likely to walk to the premises to purchase their food. It is acknowledged that there is no designated off-road car parking proposed for the use, but it is considered that this would not be an issue as it is felt that it would not produce any significant parking requirements over and above an A1 use (that as stated above, could operate at the site without requiring a new planning permission). In addition, as above, it is considered that most trade would occur from people walking to the site. The refuse bins are proposed to be located in the rear yard area and would be accessed by a new set of gates within the rear boundary wall. This is considered to be acceptable. It is considered that the new flue would not cause any disamenity to nearby residential occupiers as it would terminate at least 1m above the eaves of the building via a new purpose built chimney. On balance, for the above reasons, it is considered that the proposed use is acceptable as it would not be detrimental to residential amenity within the area. Visual amenity - It is considered that the external alterations proposed as part of the proposal, namely the new chimney at roof level (for the flue termination), the bricking up of an already boarded up window on the side elevation at first floor level and the new gates proposed for the rear yard area are all acceptable as it is considered that it these works would not adversely affect the appearance of the application building/site or visual amenity within the area. The new chimney that is now proposed is welcomed as it replaces the initial proposal for an external flue on the side elevation of the building that would have been a visually prominent (and unacceptable) feature. Negotiations - Officers have worked in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application. Appropriate conditions have been attached to the 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

5 (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 Core Strategy and saved polices of the Unitary Development Plan, the Head of Planning, Building Control & Licensing 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. She 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 Article 31 Declaration Officers have worked in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application. Appropriate conditions have been attached to the approval. 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: Drawings 01 A, stamped as received by the Local Planning Authority on 26 February C, received via on 11 April 2014 Reason - To ensure that the development is carried out in accordance with the approved plans. Pursuant to policies SP1 and DM1 of the Core Strategy. 3) 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 or servicing on Sundays/Bank Holidays

6 Reason - To safeguard the amenities of the occupiers of nearby residential accommodation, pursuant to policy DM1 of the Manchester Core Strategy. 4) Before development commences a scheme for the extraction of any fumes, vapours and odours from the premises hereby approved shall be submitted to, and approved in writing by, the City Council as local planning authority. The approved scheme shall be implemented prior to occupancy and shall remain operational thereafter. Reason - In the interests of the amenities of the occupiers nearby properties in order to comply policies SP1 and DM1 of the Core Strategy. 5) The premises shall not be open outside the following hours: to Monday to Sunday Reason - In interests of residential amenity in order to reduce noise and general disturbance in accordance with saved policy DC26 of the Unitary Development Plan for the City of Manchester and policies SP1 and DM1 of the Core Strategy. 6) Before any use hereby approved commences, the premises shall be acoustically insulated and treated to limit the break out of noise in accordance with a noise study of the premises and a scheme of acoustic treatment that has been submitted to and approved in writing by the City Council as local planning authority. Reason - To safeguard the amenities of the occupiers of the building and occupiers of nearby properties, pursuant to policies SP1 and DM1 of the Core Strategy. 7) 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 policies SP1 and DM1 of the Core Strategy. 8) No development shall commence until a scheme for the storage (including segregated waste recycling) and disposal of refuse has been submitted to and approved in writing by the City Council as local planning authority. The details of the approved scheme shall be implemented as part of the development and shall remain in situ whilst the use or development is in operation. The scheme shall include: - Estimated volumes and types of waste produced by the development, - Details of internal and external stores for both waste and recycling, including any plans and designs, - Location of the proposed collection point and details of the route the collection vehicle will take,

7 - Details of how waste will be transferred between stores and to the collection location, - Details of number and capacity of bins proposed and collection frequency. Reason - To ensure an acceptable development and to protect amenity, pursuant to policy DM1 of the Manchester Core Strategy. 9) The bricks to be used for bricking up the first floor window on the side elevation facing Oscar Street and those to be used for the new chimney at roof level shall match those of the existing building in type, size, colour and texture. Reason - To ensure the appearance of the building is not adversely affected by the materials to be used, pursuant to policy DM1 of the Manchester Core Strategy. 10) No development shall take place until there has been submitted to and approved in writing by the local planning authority a detailed design and specification of the new railings/gates to be installed along the rear yard boundary. The boundary treatment shall be completed before the new use is operational. Development shall be carried out in accordance with the approved details and shall thereafter be retained. 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 in order to comply with policies SP1 and DM1 of the Core Strategy. 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/2014/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: Highway Services Environmental Health North Manchester Regeneration Team Contaminated Land Section Greater Manchester Police 238 Lightbowne Road, Manchester, M40 5EF 240 Lightbowne Road, Manchester, M40 5EF 242 Lightbowne Road, Manchester, M40 5EF 244 Lightbowne Road, Manchester, M40 5EF 246 Lightbowne Road, Manchester, M40 5EF 139 Adrian Street, Manchester, M40 5FQ Lightbowne Road, Manchester, M40 5EF 225 Lightbowne Road, Manchester, M40 9DD

8 227 Lightbowne Road, Manchester, M40 9DD 27 Oscar Street, Manchester, M40 9DE 29 Oscar Street, Manchester, M40 9DE 31 Oscar Street, Manchester, M40 9DE 33 Oscar Street, Manchester, M40 9DE 35 Oscar Street, Manchester, M40 9DE 45 Oscar Street, Manchester, M40 9EG 47 Oscar Street, Manchester, M40 9EG 49 Oscar Street, Manchester, M40 9EG 4 Oscar Street, Manchester, M40 9EG First Floor, Lightbowne Road, Manchester, M40 5EF Lightbowne Road, Manchester, M40 5EF Top Flat, 240 Lightbowne Road, Manchester, M40 5EF Representations were received from the following third parties: Highway Services Environmental Health North Manchester Regeneration Team Relevant Contact Officer : Carolyn Parry Telephone number : [email protected]