Land fronting Spring Gardens and Opposite Carrfield Mills, Newton Street, Hyde

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1 Application Number 15/01110/FUL Proposal Site Applicant Recommendation Development for 3 bungalows, 3 terraced houses, 4 semi-detached houses and 21 apartments (in 2 blocks) on 3 parcels of land with associated works to highways, parking and landscaping. Land fronting Spring Gardens and Opposite Carrfield Mills, Newton Street, Hyde New Charter Group Approve REPORT 1 APPLICATION DESCRIPTION 1.1 The application is for full planning permission for the development of three parcels at Spring Gardens, Hyde for 21 apartments and 10 houses for affordable occupancy. The mix of dwellings includes: - 3 no., 2 bedroom (three person) apartments; - 18 no., 1 bedroom (two person) apartments; - 6 no., 2 bedroom (four person) houses; - 1 no., 3 bedroom (four person) house; and, - 3 no., 1 bedroom (two person) bungalows. 1.2 The largest of the three parcels comprises 2,300 sqm and is situated in Newton Street and at the junction with Spring Gardens. This parcel would accommodate the apartments in 2, 3-storey blocks (Block A and Block B) and a terrace of 3 houses. 1.3 Apartment Block A would accommodate 12 apartments and Block B would accommodate 9 apartments. Both of the apartment blocks would have a single front and rear entrances. A communal amenity area would be provided between the buildings. Balconies at first and second floor would be recessed within the structure of the buildings. All of the apartments would have a dual aspect. A car park containing 21 spaces would be provided behind the blocks and this would be accessed from Spring Gardens from a similar point to where a road surface enters the site. Enclosed refuse storage areas would be provided on either side of the car park access point. 1.4 The terraced houses would be 2-storey; one would be 3 bedroom and the others 2 bedroom. Each house would have a front and rear garden. Both of the end-terrace houses would be provided with 2 off-street parking spaces and the house in the middle would be provided with one. The proposal creates a ginnel between the existing and proposed terraces to allow existing residents access to the rear of their properties. 1.5 The most northerly parcel of land is a long rectangular grass verge of 757sqm on the northern side of Spring Gardens behind terraced houses in Gair Street. The site would accommodate the 3 proposed bungalows. Two of the bungalows would be semi-detached and separated from the third, detached bungalow by a parking court providing 3 spaces. There is a 1.8m high wall along the northern boundary of the site, behind the houses in Gair Street. A gap would be maintained behind the rear

2 boundaries of the bungalows and the existing wall to form a ginnel allowing for access to the rear of the existing houses to be maintained. 1.6 The most westerly parcel of land comprises a 945 sqm, L-shaped block to the south of Spring Gardens at the junction with Well Meadow and would accommodate 2 pairs of semi-detached houses. The houses would front on to Spring Gardens and each would be provided with front and rear gardens. The land at the junction of Spring Gardens and Well Meadow would provide a parking court for residents and visitors with 5 spaces accessed from Well Meadow. 1.7 All of the proposed buildings on each of the sites would be predominantly brick-built with tiled roofs. Each would include feature brick banding and feature render and cladding panels. 2.0 SITE & SURROUNDINGS 2.1 Historical maps show that each of the 3 parcels within the application site has previously been developed. The largest of the sites is now grassed and trees have been planted at the north-eastern corner and this together with the most northerly site form areas of informal open space. The most westerly site includes pieces of hardstanding slabs, tarmac and self-seeded trees and vegetation. 2.2 The three sites are divided by the centrally-located, privately-owned Flowery Field Community Centre, which is outside of the proposed development site boundaries. Otherwise the surrounding area is predominantly residential and characterised by terraced houses although there are 4-storey blocks of apartments facing towards the largest of the 3 sites across Newton Street. 2.3 Hyde Community College, Flowery Field Primary School and Flowery Field Railway Station are each located within a 500m radius north of the site. An entrance to Hyde Park is within 200m to the east of the site along Park Drive. There are bus stops on Newton Street that are immediately to the south of the site which provide local links to Hyde centre and Oldham. 3.0 RELEVANT PLANNING POLICIES 3.1 Tameside Unitary Development Plan (UDP) Allocation Unallocated 3.2 Tameside UDP Part 1 Policies 1.3: Creating a Cleaner and Greener Environment. 1.4: Providing More Choice and Quality Homes. 1.5: Following the Principles of Sustainable Development 1.12: Ensuring an Accessible, Safe and Healthy Environment Part 2 Policies H1: Housing Land Provision H4: Type, Size and Affordability of Dwellings. H10: Detailed Design of Housing Developments OL4: Protected Green Space T1: Highway Improvement and Traffic Management.

3 T7: Cycling T10: Parking MW11: Contaminated Land. 3.3 Other Policies Residential Design SPD Tameside Open Space Study Final Assessment Report (2010) 3.4 National Planning Policy Framework (NPPF) Section 6 Delivering a wide choice of high quality homes Section 7 Requiring good design Section 8. Promoting healthy communities 3.5 Planning Practice Guidance (PPG) This is intended to complement the NPPF and to provide a single resource for planning guidance, whilst rationalising and streamlining the material. Almost all previous planning Circulars and advice notes have been cancelled. Specific reference will be made to the PPG or other national advice in the Analysis section of the report, where appropriate. 4.0 PUBLICITY CARRIED OUT 4.1 Prior to the application being submitted the proposals were presented to a public meeting held at the Acresfield Community Hub in Hyde on the 3rd December As part of the planning application process, 137 notification letters were sent out to neighbouring properties on 5 th January 2016 and a notice was posted at the site and in a local newspaper on 7 th January Notification letters were sent again on 4 th March 2016 following the proposals having been amended. 5.0 RESPONSES FROM CONSULTEES 5.1 Head of Environmental Services Highways has raised no objections to the proposals and has requested conditions to be added to any approval. 5.2 The GM Police Design for Security Unit has no objection and has requested a condition to be added to any approval. 5.3 The Coal Authority has no objection and has requested a condition to be added to any approval. 5.4 United Utilities has no objection to the proposal and has requested conditions to be added to any approval. 5.5 The National Grid identified apparatus in the vicinity of the site that might be affected by the development.

4 6.0 SUMMARY OF THIRD PARTY RESPONSES RECEIVED 6.1 Objections have been received from 18 individuals, one being anonymous, from 15 households, as a result of the publicity carried out. The reasons given for objecting are: - the loss of the green space, including the trees and the views across the land, that is used as a safe play area for children and that there are alternative brownfield sites that should be developed instead; - that the proposal includes insufficient parking provision; - that the traffic generated would create additional noise disturbance and danger on local roads; - the resultant loss of access to the rear of existing houses in Newton Street both for vehicles, including emergency vehicles, and to transport refuse bins from the rear to the front for collection; - that the new buildings, particularly the apartment blocks would over-look and over-shadow existing residences; - the new residents may cause social problems in the locality; and, - the development would have a negative impact on house prices. 7.0 ANALYSIS 7.1 The principal issues in deciding this application are:- 1) The principle of the development, 2) The layout and design, 3) The sustainability of the location, and 4) Car parking. 8.0 Principle of Development 8.1 Section 38 of the Planning and Compulsory Purchase Act 2004, states that applications should be determined in accordance with the development plan unless material considerations indicate otherwise. Consideration will also be necessary to the appropriate weight to be afforded to the development plan following the publication of the National Planning Policy Framework. Paragraphs of the NPPF sets out how its policies should be implemented and the weight which should be attributed to the UDP policies. Paragraph 215 confirms that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. At the heart of the NPPF is the presumption in favour of sustainable development and would support the delivery of a wide choice of quality homes with housing applications being considered in the context of a presumption in favour of sustainable development. 8.2 Evidence of the previous development of the sites has mostly disappeared and so these sites must be considered as Protected Open Space. The principle of the development must therefore be considered against the policies of Section 8 of the

5 NPPF and UDP policy OL4 and whether built development is acceptable on these areas of Protected Open Space. 8.3 A Planning and Open Space Statement has been submitted in support of the application. In this document it is demonstrated, with reference to the Council s Tameside Open Space Study Final Assessment Report (2010) that there are several alternative open spaces within 10 minutes walking distance of the proposed development sites, which is the recommended walking distance threshold for Tameside. These alternative open spaces include recreation grounds off Leigh Fold (200m) and Garden Street (500m), formal parks and gardens at Hyde Park (1km), as well as playing fields and sports facilities at Dukinfield Astley High School (700m) and green space at Johnson Brook to the north of the sites (500m). 8.4 The sites forming part of this planning application are incidental open space with no formal access or facilities. Their contribution to the wider community is therefore limited to a visual, open amenity space rather than serving a functional purpose. This is supported by the Tameside Open Space, Sport and Recreation Study (2010) which states that: Across Tameside, 45% of respondents do not visit/use-grassed areas on housing estates. Over half of those from Hyde (62%) would not visit such provision. 8.5 These open spaces are not demonstrably special to a local community and hold a particular local significance, as defined by paragraph 77 of the NPPF as reasons to include and retain land as open space. The retention of the sites solely for the purpose of limited amenity value for residents immediately adjacent would represent the inefficient use of land within the urban area and would not comply with the Core Principles of NPPF. In addition, UDP policy OL4 allows for development on Protected Open Space where it can be demonstrated, by means of a suitable supply and demand study that the retention of a site is not necessary and the site has no special significance to the interests of sport and recreation. 8.6 The development is therefore considered compliant with paragraph 77 of the NPPF and policy OL4 of the UDP and therefore acceptable in principle. 9.0 Layout and Design / Residential Amenity 9.1 The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. The NPPF states that it is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Whilst the NPPF confirms any decision should not attempt to impose architectural styles or particular tastes and not stifle innovation but adds it is proper to promote or reinforce local distinction. 9.2 Both of the apartment blocks and the terrace of 3 houses would front on to Newton Street and so would provide an active frontage to the road. Block A is oriented more towards the roundabout at the junction of Newton Street with Spring Gardens so that there is clear visibility across the junction and that the side elevation aligns with Spring Gardens. The dual aspect of the apartments affords natural surveillance both to the car park behind and out on to Newton Street. The terraced houses maintain the existing building line of the neighbouring terrace.

6 9.3 The scale of the proposed buildings is appropriate within the existing context they would be set. The scale of the buildings along Newton Street would rise from 2- storeys in height, lining through with the neighbouring terrace, to 3-storey apartments in correspondence with the rising scale of the existing apartments on the opposite side of the road. 9.4 The proposed bungalows maintain a low hipped roofline so as to maintain the existing south facing outlook the neighbouring existing terraced houses in Gair Street. 9.5 Due to the orientation and positioning of the proposed apartment blocks these do not generally face directly towards the existing four storey apartment block on the opposite side of Newton Street. Where the proposed and existing blocks do face directly towards one another a distance between of twenty metres is achieved. Such a distance is consistent with the usual requirements and so adequate spacing is maintained so that there would be no undue over-looking or over-shadowing both within the development and between the proposed dwellings and those existing. 9.6 A consistent palette of external finishes would be used throughout the development so as to achieve a cohesive scheme that acknowledges the character of the locality within which it is set whilst remaining identifiably contemporary, including such features as artstone window surrounds, cladding panels and render on the apartments. Such feature would then be reproduced to a lesser degree on the houses and bungalows that have a closer relationship to the surrounding terraced houses. 9.7 All of the proposed dwellings achieve National Space Standard requirements for minimum gross internal floor area and built in storage. 9.8 The layout and design of the development are high quality and would not impinge unduly on the amenity of existing residents whilst providing an appropriate residential environment for future residents. 9.9 It is considered that the design, appearance and layout of the development conforms to the requirements of the Residential Design SPD, UDP Policy H10 and Sections 1, 6 and 7 of the NPPF and is therefore acceptable 10.0 Highway Safety and Accessibility 10.1 The site is well located for public transport. A regular bus route passes close to the site along Newton Street and continues to the north of the site along Old Road. Flowery Field railway station is located approximately 0.5 miles to the north of the site and this serves as a regular connection to Manchester Piccadilly station In addition to the railway station and bus stops, the site is in easy walking distance of the surrounding amenities, including schools and shops Satisfactory visibility splays would provided at the junction of each driveway, where these meet the highway, and at all road junctions so that highway safety would not be jeopardised.

7 11.0 Car Parking 11.1 The proposed developments are served mainly off Spring Gardens but the terraced houses would have driveways onto Newton Street. More than 100% parking provision is proposed for the dwellings with additional visitor parking. The amount of parking that would be provided is considered adequate to serve an affordable housing scheme where car ownership is likely to be limited A secure cycle store would be provided to serve the apartments and all houses would have the scope to utilise garden sheds for storage The parking arrangements and access are therefore considered acceptable and in compliance with UDP Policy H10 and T10 and the Residential Design SPD Other Issues 12.1 Metal railings are proposed along the front perimeters to create a definitive boundary between private front gardens space and public footways New low level planting would be provided along the frontages in order to soften the elevations along Newton Street and Spring Gardens. The landscape proposals are adequate in terms of numbers and suitable species of trees to mitigate the loss of trees that would be removed The use of lighting, landscaped surfaces and defined footpaths would aid navigation in and around the site. Pedestrian access from the existing footpaths would be provided via ambulant disabled compliant steps or gently sloping footpaths In order to ensure compliance with the NPPF and PPG, it is recommended that any permission is conditional, among other things, upon the site being drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way The sites are Council-owned and so no financial contribution, by way of a Section 106 agreement, to compensate for the impact of the development will be required. It is therefore considered that there are no local finance considerations that are material to the application As members will be aware, concerns relating to loss of property value do not fall to be considered as material considerations in the determination of the application. RECOMMENDATION To grant planning permission subject to the conditions set out below: 1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. Notwithstanding any description of materials in the application no above ground construction works shall take place until samples and/or full specification of materials to be used externally on the buildings have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour

8 and texture of the materials. Development shall be carried out in accordance with the approved details. 3. The approved scheme of landscaping, including all boundary treatments, shall be implemented before the development is brought in to use or in accordance with a programme agreed previously with the local planning authority. Any newly planted trees or plants forming part of the approved scheme which, within a period of 5 years from the completion of the planting, are removed, damaged, destroyed or die shall be replaced in the next appropriate planting season with others of similar size and species by the developer unless the local planning authority gives written consent to any variation 4. A clear view shall be provided on both sides of any site access where it meets the back of footway. It shall measure 2.4metres along the edge of the site access and 2.4 metres along the footway. It must be clear of anything higher than 600mm above the access, except for vertical iron railings to a design that includes rails of not greater than 15mm diameter spaced at not less than 100mm intervals. 5. The car parking as shown on the approved plan, ref. P3929_010 G, shall be provided prior to the first occupation of the development and thereafter kept unobstructed and available for its intended purpose at all times. 6. The development shall not commence until details of the wheel cleaning facilities, temporary access, vehicle parking and turning facilities to be provided during the construction period, has been submitted to, and approved in writing by the local planning authority. The approved wheel wash measures shall be implemented and retained in operation through the duration of the building works. 7. Prior to the commencement of any development: details of a scheme of intrusive site investigations, including gas monitoring, in order to establish the exact situation regarding coal mining legacy issues on the site shall be submitted to, and approved by, the local planning authority; any approved scheme shall then be undertaken and a report of findings arising from the investigation, including a scheme of any necessary remedial works, shall be submitted to, and approved by, the local planning authority. The development shall then be implemented in accordance with the approved remedial works. 8. This site must be drained on a separate system, with only foul drainage connected into the foul sewer. Surface water should discharge to a Sustainable Drainage System to meet the requirements of the National Planning Policy Framework (PPS 1 (22) and PPS 25 (F8)). 9. Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the local planning authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and, unless otherwise agreed in writing

9 by the local planning authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed, maintained and managed in accordance with the approved details. 10. During demolition and construction no work (including vehicle and plant movements, deliveries, loading and unloading) shall take place outside the hours of 07:30 and 18:00 Mondays to Fridays and 08:00 to 13:00 Saturdays. No work shall take place on Sundays and Bank Holidays. 11. The development hereby approved shall not be first occupied unless and until the bin storage facilities for the apartment blocks have been provided and each dwelling has been provided with adequate facilities and receptacles for the storage and collection of refuse and recyclable materials. 12. Prior to the commencement of the development, the steps required to investigate the potential risk posed by landfill/ground/mine gas, and or protect the development from such gas, shall be agreed in writing with the Local Planning Authority. The investigation and any remedial work shall be undertaken to the satisfaction of the Local Planning Authority. Occupation of the development shall not commence until this condition has been discharged in writing, following the satisfactory supply of information and completion of any works required by the Local Planning Authority. 13. Prior to first occupation of the development, a scheme for any television / radio aerial / satellite dish or other form of antenna shall be submitted to and approved in writing by the local planning authority. The development shall be constructed with such approved details. 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no television / radio aerial / satellite dish or other form of antenna shall be installed / affixed on the exterior of any building forming part of the development hereby permitted. 15. No external lighting shall be installed on the buildings or elsewhere on the site unless a scheme for such lighting has first been submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be fully implemented. 16. The development hereby permitted shall be carried out in accordance with the following approved plans: those ref. P3929_008, P3929_009, P3929_010 G, P3929_0011 B, P3929_0012 B, P3929_013 C, P3929_014 C, P3929_016 C, P3929_017 C, P3929_018 B, P3929_019 B, P3929_901, P3929_902, 2039_01 and the Crime Impact Statement dated (19/10/2015 URN: 2015/0855/CIS/01 Version A). 17. Before the development is commenced details of the existing and proposed ground levels for the whole site, and the proposed finished floor levels, shall be submitted to, and approved in writing by' the local planning authority. The development shall be carried out in accordance with such approval.