committee planning and highways date subject ......• 1,094 residential units (class c3); • 100...

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MANCHESTER CITY COUNCIL REPORT FOR RESOLUTION COMMITTEE PLANNING AND HIGHWAYS DATE 17th January 2008 SUBJECT 085107/FO/2007/C3 Erection of five buildings varying in height from 14 storeys to 49 storeys incorporating 1,094 residential units (Class C3), 100 serviced apartments, a hotel (Class C1); 813 basement car parking spaces; office space (Class B1 (a)); retail (Classes A1, A2, A3, A4 and A5); community facilities (Classes D1) including a crèche, a healthcare facility; new artist's and sculptors' studio and display gallery; leisure uses (Classes D2) including a health spa and fitness centre including a swimming pool; new landscaped public open space adjacent to the River Medlock with related access, servicing and associated works LOCATION Land bounded by Owen Street/Pond Street/Old Deansgate and the River Medlock, City APPLICANT Owen Street Developments Ltd AGENT 5 New York Street, Manchester, M1 4JB REPORT OF HEAD OF PLANNING PURPOSE OF REPORT To describe the above application for planning permission, the issues involved and to put forward recommendations. RECOMMENDATIONS The Head of Planning recommends that the Committee approve application 085107/FO/2007/C3 relating to the erection of five buildings varying in height from 14 storeys to 49 storeys incorporating 1,094 residential units (Class C3), 100 serviced apartments, a hotel (Class C1), 813 basement car parking spaces, office space (Class B1 (a), retail (Classes A1, A2, A3, A4 and A5), community facilities (Classes D1) including crèche, healthcare facility and a new artist's and sculptors' studio and display gallery, leisure uses (Classes D2) including a health spa and fitness centre including a swimming pool, new landscaped public open space adjacent to the River Medlock with related access, servicing and associated works

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Page 1: COMMITTEE PLANNING AND HIGHWAYS DATE SUBJECT ......• 1,094 residential units (Class C3); • 100 serviced apartments; • 209 bed hotel (Class C1); • office space (Class B1 (a));

MANCHESTER CITY COUNCIL REPORT FOR RESOLUTION

COMMITTEE PLANNING AND HIGHWAYS

DATE 17th January 2008

SUBJECT 085107/FO/2007/C3

Erection of five buildings varying in height from 14 storeys to 49 storeys incorporating 1,094 residential units (Class C3), 100 serviced apartments, a hotel (Class C1); 813 basement car parking spaces; office space (Class B1 (a)); retail (Classes A1, A2, A3, A4 and A5); community facilities (Classes D1) including a crèche, a healthcare facility; new artist's and sculptors' studio and display gallery; leisure uses (Classes D2) including a health spa and fitness centre including a swimming pool; new landscaped public open space adjacent to the River Medlock with related access, servicing and associated works

LOCATION Land bounded by Owen Street/Pond Street/Old Deansgate and the River Medlock, City

APPLICANT Owen Street Developments Ltd

AGENT 5 New York Street, Manchester, M1 4JB

REPORT OF HEAD OF PLANNING

PURPOSE OF REPORT To describe the above application for planning permission, the issues involved and to put forward recommendations. RECOMMENDATIONS The Head of Planning recommends that the Committee approve application 085107/FO/2007/C3 relating to the erection of five buildings varying in height from 14 storeys to 49 storeys incorporating 1,094 residential units (Class C3), 100 serviced apartments, a hotel (Class C1), 813 basement car parking spaces, office space (Class B1 (a), retail (Classes A1, A2, A3, A4 and A5), community facilities (Classes D1) including crèche, healthcare facility and a new artist's and sculptors' studio and display gallery, leisure uses (Classes D2) including a health spa and fitness centre including a swimming pool, new landscaped public open space adjacent to the River Medlock with related access, servicing and associated works

Page 2: COMMITTEE PLANNING AND HIGHWAYS DATE SUBJECT ......• 1,094 residential units (Class C3); • 100 serviced apartments; • 209 bed hotel (Class C1); • office space (Class B1 (a));

on land bounded by bounded by Owen Street/Pond Street/Old Deansgate and the River Medlock, subject to the conditions set out in paragraph 9.1 of this report. Financial Consequences for the Revenue Budget There are no financial consequences for the Revenue Budget. Financial Consequences for the Capital Budget There are no financial consequences for the Capital Budget. Contact Officers Dave Robinson 234 4555 Dave Roscoe 234 4567 Background Documents Planning application 085107/FO/2007/C3 Great Jackson Street Development Framework The Unitary Development Plan for the City of Manchester (UDP) A Guide to Development in Manchester English Heritage/CABE ‘Guidance on Tall Buildings’ DETR Circular 02/99 ‘Environmental Impact Assessment’ Planning Policy Guidance notes 8, 13, 15, 16 and 24 Planning Policy Statements 1, 3, 6, 22, 23 and 25 Current and emerging Regional Spatial Strategy for the North West of England Wards affected CITY CENTRE Implications for:

Anti-Poverty Equal Opportunities Environment Employment No Yes Yes Yes

1. BACKGROUND

1.1 The application site is located in the southern part of the city centre at a key entry point from the national and regional motorway network, and lies within the Great Jackson Street Development Framework area. In October 2007, the Executive endorsed a regeneration Framework for high quality and high density redevelopment following public consultation during 2007 with landowners, local residents, businesses and other key stakeholders, and requested the Planning and Highways Committee to take the Development Framework into consideration when

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considering applications for planning permission, listed building consent and advertisement consent in the Great Jackson Street area. The vision set out in the approved Framework establishes the provision of a new high density quarter of Manchester with a vibrant and sustainable mix of uses, whose economic viability is driven by knowledge capital, comprising high quality urban architecture that enriches the city’s public realm and establishes its reputation for design excellence in building.

1.2 In the context of the Development Framework, the current application site holds a

pivotal location in terms of spreading activity beyond the railway viaduct and the River Medlock, and substantially raising the profile of the Great Jackson Street area as an emerging part of the city centre. The site is specifically identified in the approved Framework for a mixed residential and commercial development comprising a series of towers. This is consistent with the current planning application.

1.3 Although the existing surface car park has served a useful purpose for a number of

years, it represents a very important opportunity to expand the active core of the city centre towards the south and this site therefore forms a significant element in the continued social and economic development of the city.

2. INTRODUCTION

2.1 Permission is sought for the development of a mixed use scheme comprising residential accommodation, an hotel, offices, shops, and a range of leisure and community facilities all set within high quality public realm including a major new riverside public space. The site is bounded by Owen Street (an unadopted road) to the southwest, Old Deansgate to the north, the River Medlock to the northeast and Pond Street to the south. The site is 1.54 hectares in area and currently occupied by surface car parking.

2.2 Several residential permissions have been granted on this site, the most recent

being in 2002 (ref: 060498/FO/CITY3/00) for a residential/mixed use development comprising residential apartments, restaurants (Class A3), leisure (Class D2) with car parking and associated works. The consent was varied on 9th October 2006 (app: 080224/JO/2006/C3) allowing a further 18 months to commence the development. The principle of major residential led mixed use development is therefore already established on this site.

2.3 The surrounding area is characterised by the following uses:

• Vacant retail premises (former Tom Garner car showroom); • light industrial uses and temporary car parking (Great Jackson Street); • office developments (Knott Mill area, north of the River Medlock); • residential properties in the immediate area, notably along City Road East to

the east of the site, and Old Deansgate/Castlefield to the north and west; and. • iIn the wider area, there is a considerable amount of residential development

within Castlefield to the west and beyond the Mancunian Way to the south in Hulme.

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2.4 The site is not in a conservation area, but affects the setting of the Castlefield

Conservation Area and affects views from within a number of other city centre conservation areas. In addition it affects the setting of a number of listed buildings, most directly the former Bridgewater Canal Company offices (Grade II listed) at the junction of Chester Street/Great Jackson Street.

2.5 Prior to submission of the current application a public information event was

organised by the applicant. This took place on site over two days in November 2007 where plans, images and a model of the proposals were displayed to describe the scheme, alongside representation by the applicant and their consultants. A total of 1,754 letters were issued to local residents and businesses across the same area previously consulted on the Development Framework advising them of the event, which was an opportunity for members of the public to comment on the proposals prior to the application being submitted. A total of 110 residents and business representatives were recorded to have attended the exhibition and the applicant has directly addressed the 20 written comments made by some attending the event.

3. THE APPLICATION

3.1 The proposal involves regeneration of the site for a mixed use development of 5 buildings (referred to as buildings A-E) rising out of a 4 storey podium, including publicly accessible landscaping (see plan attached at the end of this report). In summary, the application comprises the following elements: • 1,094 residential units (Class C3); • 100 serviced apartments; • 209 bed hotel (Class C1); • office space (Class B1 (a)); • 9 retail units ranging from small kiosks to larger shops (Classes A1, A2, A3, A4

and A5); • community facilities (Classes D1) including crèche, 3,500sqft healthcare facility,

artist's and sculptors' studio, display gallery and podium-roof level garden (16,000sq ft);

• leisure uses (Classes D2) including a 35,000sqft health spa and fitness centre including a 25m swimming pool;

• 813 basement car parking spaces below street level; • 2 acres of landscaped public open space adjacent to the River Medlock; • related access, servicing and associated works.

3.2 The distribution of the uses within the buildings is as follows: Building A is located adjacent to Old Deansgate and would include the hotel and related facilities.

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Buildings B, C, D and E of the development would include the residential units and serviced apartments. The breakdown of apartment types is provided below:

• 8 (3-bed apartments) • 524 (2-bed apartments) • 380 (1-bed apartments) • 182 (studio apartments)

3.3 The 35,000sqft health spa/fitness centre, including a 25m swimming pool, would be

located within the four podium levels of Building E. This facility would not be restricted to residents within the site, but also provide a new leisure facility for existing residents in the wider area and future residents within the southern part of the city centre.

3.4 The proposed community uses include a new health facility, a crèche and an

artist's and sculptor’s studio and display gallery located on the ground floor units of Buildings B, C, D and E.

3.5 The scheme would create 0.81 hectares of public open space (55% of the site

area). The new public realm adjacent to the river would take advantage of the site topography to create a series of ramps and terraces stepping down to engage with a new waterside habitat. Terraces would be animated by adjacent ground floor active uses and kiosks. A link would be created from the area to Castlefield via a new riverside walkway linking into the existing public route through the Deansgate Quay development. Residents and occupiers of the site would also benefit from roof terraces and gardens on the podium levels.

3.6 Car parking would be located in three levels of the basements across the site to

accommodate 813 car parking spaces, including 47 disabled-width spaces. The car parking would be accessed from two points via two-way ramps on Owen Street and Pond Street

3.7 The external appearance of the proposed buildings range in height from 14 to 49

storeys (including the podium), stepping down in height towards Castlefield Basin. The height of the buildings fall within the parameters contained within the approved Great Jackson Street Development Framework. The applicant has undertaken extensive pre-application discussions with the Commission for Architecture and the Built Environment (CABE). Their response is noted later in the report.

3.8 Cladding to the buildings and upper podium levels would be formed from a

combination of clear, translucent and solid full-height glazed panels. Translucent panels carry coloured ceramic fritting, giving each element of the development a different colour tone. Cladding to the ground floor 'active' uses and entrances would be formed from full height clear double glazed units with ceramic fritting and louvered cladding where necessary to back-of-house areas. Details of the appearance of each building is as follows:

• Building A (14 storeys) accommodates the hotel which is orientated 'to turn the

corner' along Old Deansgate and being the lowest building 'steps down' to address Castlefield. The colour of the tower is derived from the pink-red sandstone found exposed in the Castlefield Coal Wharf.

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• Building B (33 storeys) is orientated exactly with the Town Hall Spire and the

colour of the tower is derived from the golden brown tones of Alfred Waterhouse's listed gothic revival structure.

• Building C (28 storeys) is orientated with the Oxford Road and University grid that sets out the Oxford Road corridor to the South of the City. The colour of the tower is derived from the distinctive green copper that is used extensively across the University and UMIST Campus.

• Building D (49 storeys) is the tallest building and the landmark element. The building has a significant orientation with the full length of Mosley Street. The narrow face of the building is visible along Mosley Street from Piccadilly Gardens through to St Peter's Square and into the site itself. The colour of the tower is derived from the white Portland stone that is used in Edwin Lutyen's Cenotaph grouping, the Central Library and also many other buildings that border Piccadilly Gardens.

• Building E (28 storeys) is orientated with Constance Street and the urban grid in Knott Mill which is generated by the Whitworth Street West section of the brick arched railway viaduct structure. The colour of the tower is derived from the distinctive orange red brickwork found locally in the buildings and transport structures of the Knott Mill area.

3.9 As well as drawings, the following documents have been submitted in support of

the application:

• Existing and proposed drawings; • Scaled model; • An Urban Design and Tall Building Statement, considering the proposals in

relation to ‘Guidance on Tall Buildings’, published by English Heritage and CABE and sets out the urban design and architectural philosophy of the proposals;

• Design and Access Statement • Sustainability Appraisal • Flood Risk Assessment • Landscape / Public Realm Strategy • Crime Impact Statement • An Environmental Statement considering the following issues:

- statement of community involvement; - visual Impact, including an assessment of the effect on key views; - impacts relating to regeneration and socio-economics issues; - land use planning policy issues; - impacts on sunlight, daylight, shadowing, solar dazzle and overlooking; - impacts relating to transport; - impacts on ground-level wind conditions; - impacts on ecology and water resources; - impacts relating to noise and vibration; - impacts relating to air quality;

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- potential contamination risks to soils, geology and contamination; - waste management issues; - impacts on radio and television reception; - impacts on archaeology; - issues relating to lighting.

4. CONSULTATIONS 4.1 Director of Operational Services – No objections received. 4.2 Head of Environmental Health – No objections received. 4.3 Head of Engineering Services – No objections received. 4.4 Director of Housing – No objections received. 4.5 CABE – Reviewed the scheme prior to submission of the planning application and

offered a general welcome to the scheme, described as ‘an intelligent response to the site and city context’. In relation to the scale of the buildings, CABE confirmed these were acceptable in this location, stated the overall massing of the scheme works well and welcomed the slim proportions of the towers. CABE welcomed the proposed public space but considered that the applicant should demonstrate how the space would be protected from wind, and suggested that form and treatment of the podium should be more varied in height. The need for high quality materials to be used was emphasised and it was recommended that conditions be attached to ensure this. The context provided by the Great Jackson Street Development Framework was welcomed and it was suggested that similar guidelines should be provided by the City Council in other areas to guide the current expansion of the city core.

4.6 English Heritage – Reviewed the scheme prior to submission of the planning

application and has no further comments to make. 4.7 Environment Agency – No objections received. 4.8 Greater Manchester Police – No objection in principle but raised detailed design

points that have been addressed by the applicant. 4.9 GMPTE – No objections received. 4.10 Natural England – No objections received. 4.11 Greater Manchester Ecology Unit – No objections in principle, subject to

measures to protect the River Medlock during construction and incorporation of bat roosting opportunities.

4.12 Manchester Airport plc – No objections, subject to conditions regarding

construction management strategy, building lighting scheme and maximum height.

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4.13 Conservation Areas and Historic Buildings Panel – It was understood that this application sits within the approved development framework for this area of the city. The Panel asked why it had not been consulted on the development framework? The Panel expressed concern that a framework masterplan for such a large area adjacent to the Castlefield conservation area, including listed buildings had not been put before the Panel for comment. Without knowledge of the framework document the Panel found it difficult to understand how this application responds to the masterplan. However, it would appear that listed buildings such as Bridgewater House would be dwarfed and consumed by the scale and nature of the development proposed. The scale of the proposed development would adversely affect views into and out of the adjacent conservation area.

The Panel reminded the city of the historic importance of this area of the city. Although now cleared, ‘Galloways’ occupied the site. The ‘bessemer ‘process was invented here and it is critical that a full, site-based archaeological dig and survey be undertaken on the site to assess/record industrial archaeology. Sites adjacent to the application site but within the framework masterplan also contain buildings of historic importance, including Prime Street Mill. This building, along with the listed building, should be kept and used to inform an appropriate scale for new development along Chester Road. The Panel expressed concern that Manchester’s historic industrial buildings are being lost at an alarming rate; any other city would strive to retain and preserve its historic heritage. The Panel considered that the proposed application would be creating an enclave of ‘international style’ buildings, alien to the character of Manchester at a key gateway to the city. The Panel referred to research by Peter Smith (Sheffield) regarding the relationship of streets, spaces and buildings. The proposed images depart from the tradition and character of the city in scale, fenestration, colour, layout, etc. A more successful approach may have been to have put forward a less fussy and less overworked design solution. Or, if individuality was required for each of the blocks, a different architect could have been appointed for each block. Tall buildings should have more interesting roofscapes. The Panel could not see how the style of the chequerboard buildings or the siting layout integrated into the adjacent area or the city centre. The historic street pattern appears to be identified in the masterplan and then completely ignored by this application. It was felt that this application would result in an unintegrated island site. The Twentieth Century Society did not object to the amount of development proposed, but expressed concerns about how the buildings ‘hit the floor.’ There appears to be no activity or private amenity spaces at ground level. The street pattern and treatment was considered to be ‘gimmicky’ and contrived. It was felt that the environment at street level would be poor due to overshadowing and a

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wind-tunnel effect. Better use could be made of the river within the site. The Panel asked if waste water from the site would be recycled? The Panel saw the proposed uses for the site, including artists’ studios, as ‘box-ticking’. Could assurances be given that the ‘whole’ scheme including uses can be delivered? The Panel felt that insufficient time was available to look at such a large scheme in detail and asked would individual groups and bodies be consulted separately and given the chance to comment in full? The Panel considered that the proposed strident elevations and the scale and nature of the development would have an extreme negative impact on the setting of the listed buildings and the views into and out of the adjacent Castlefield conservation area. Guidance from central government urges that the settings of listed buildings are protected and that the settings of conservation areas are preserved and enhanced. Recommend – Refuse.

5. PUBLICITY

5.1 In addition to the formal statutory publicity that has been carried out, it should be recognised and acknowledged that two other non-statutory consultations have taken place prior to submission of the application. Firstly, consultation took place during July/August 2007 as part of the approval process for the Great Jackson Street Development Framework. This comprised letters sent to over 1,700 local residents and building occupiers, giving an opportunity to comment on the draft Framework.

5.2 Subsequently, the applicant circulated a letter to 1754 residents/occupiers inviting

them to a public exhibition held on 7-8 November 2007. It was attended by 110 people, representing a return of 6.5%. Of these, only 20 provided written comments. The vast majority of the comments were favourable regarding the principle of the proposed development.

5.3 Following submission of the planning application, the proposal has now been

formally advertised as: - a major development; - affecting the setting of listed buildings; - affecting conservation areas; - affecting a public right of way - a development for which an environmental impact assessment has been

carried out; - a development in the public interest.

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5.4 A site notice has been displayed and the occupiers of nearby properties have been consulted. Eight representations were received as a result of this publicity, which included support for and objections to the application, as summarised below.

1. Some respondents welcomed the public open space, proposed local amenities and the height, form and massing. 2. Others regarded the tallest tower as too high, felt there is insufficient justification for another tall building in the city centre, considered the overall proposal as overdevelopment and viewed the proposed design as poor quality and therefore detrimental to the Castlefield Conservation Area. 3. There was concern that the development would have an adverse impact on existing local residents by shadowing. 4. Several respondents considered that there is no need for more residential floorspace in the city centre at present, and that there are not enough amenities for existing or proposed residents in the area. Some respondents stated that the commercial units may remain vacant and therefore the development would not become the balanced mixed use community described in the application. 5. The view was expressed that there is insufficient parking in the area at present and the additional traffic will cause problems. The proposal should incorporate visitor parking and the commercial units should have dedicated parking. 6. There was concern that there would be significant disruption caused to existing residents during the construction period. 7. The proposed refuse storage provision was regarded as inadequate.

6. ISSUES

6.1 Unitary Development Plan (UDP)

6.1.1 The scheme is considered to be in accordance with the Unitary Development Plan for the City of Manchester (UDP) relating to development in the area. The application is consistent in particular with UDP policies H1.2, H2.2, H2.7, I3.1, E1.1, E1.4, E1.5, E1.6, E2.4, E3.5, R1.1, T3.7, S1.1, L1.3, L1.8, L1.9, RC3, RC4, RC5, RC6, RC7, RC10, RC11, RC17, RC18, DC7.1, DC9.1, DC10.1, DC10.2, DC18.1, DC19.1, DC20.1, DC21.1 and DC26.1. The proposal is consistent with the Small Area Framework for this area (policy RC20 - Area 22).

6.2 Environmental Impact Assessment 6.2.1 The applicant has submitted an Environmental Statement in accordance with the

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and Circular 2/99 (‘The Regulations’). During the EIA process the applicant has considered an extensive range of potential

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environmental effects in consultation with relevant consultees and it is considered that the issues that could give rise to significant impact are: - Regeneration and socio-economic impact; - Urban design and visual impact (i.e. townscape and views); - Historic environment (i.e. archaeology and heritage context); - Microclimate (i.e. ground-level wind conditions, sunlight/daylight); - Local natural environment (i.e. ecology, hydrology, soils and groundwater); - Transport; - Air quality; - Noise; - TV reception; - Cumulative impacts (i.e. on local residents and pedestrians). These issues are dealt with below.

6.2.2 It is considered that the environmental statement has provided the local planning

authority with sufficient information to understand the likely environmental effects of the proposals.

6.3 The scheme’s contribution to regeneration

6.3.1 Regeneration is an important planning consideration. Over the past five years the

City Council, together with partners in the public and private sectors, has had a considerable amount of success in terms of regenerating the City Centre. This has been particularly noticeable in the outer area of the city centre adjacent to the Inner Relief Route, including major regeneration initiatives such as Spinningfields, Piccadilly and the Northern Quarter. However, more remains to be done in terms of stimulating development in the southern part of the City Centre and integrating it with the core of the City Centre.

6.3.2 The current perception is generally that areas south of the railway viaduct/Whitworth Street corridor are not part of the active core of the City Centre, with the exception of the Oxford Road corridor, despite residential developments that have taken place to the east of the application site on City Road East. The Development Frameworks that have been endorsed by the City Council for the Central Spine and Great Jackson Street areas represent significant steps towards regenerating this part of the City Centre. The current application is the first proposal that begins to implement the approved Development Framework and in this context, it can be seen to hold a crucial and pivotal role in terms of establishing a viable new area within the City Centre.

6.3.3 A landmark high quality development on this site of the type currently proposed, incorporating a critical mass of activity in terms of residential accommodation, local residential amenities, ground floor retail/restaurant uses and public realm, is required to create a critical mass of activity to draw pedestrians across beyond the railway viaduct into this area and through to nearby areas within and outside the city centre.

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6.3.4 The development would replace an existing surface car park and the applicant has

assessed the socio-economic effects of the development to include: - creation of high-quality public realm and active frontages, which will encourage

more street-level activity, thereby helping to reduce neighbourhood crime; - creation of 468 full-time equivalent jobs when complete, plus an average of

2,200 temporary construction jobs over 6 years with 50/60% locally sourced during the anticipated build period;

- creation of work opportunities across a wide range of skills and positions, many of which will be suitable for residents in neighbouring wards;

- introduction of a substantial number of new residents into the city centre, contributing to the critical mass of population and thereby supporting demand for goods and services.

6.3.5 The development would be consistent with policies within the existing Regional

Spatial Strategy for the North-West (RSS) and the City Council’s economic development and regeneration plans. Existing RSS specifically identifies transportation hubs in major cities in the Northwest as preferred locations for significant developments. Its location would allow the development to capitalise on its accessibility in relation to the airport, railway/Metrolink stations and gateway road corridors (Princess Parkway/Chester Road), proximity to the commercial core of the City Centre, and to the Higher Education Precinct to the southeast.

6.3.6 In the inner areas of Manchester the current Draft RSS, which is under

consideration by the Secretary of State, supports a high level of residential development to secure a significant increase in the population, to support major regeneration activity, the improvement of community facilities and the creation of sustainable communities. It is a requirement of the emerging RSS that new housing in Manchester be primarily delivered on previously developed land. The nature of the uses proposed on this site would add to the City’s overall residential offer, as well as providing an hotel and residential local amenities, and would greatly assist the regeneration of the whole City Centre in terms of its function, expansion, activity and integration.

6.4 Urban Design, visual impact and architectural quality 6.4.1 One of the issues to consider in assessing these proposals is impact of the design

and height on the surrounding area. In order to assess this, the proposals have been thoroughly assessed against UDP policies, PPG15 and criteria as set out in the ‘Guidance on Tall Buildings’ document published jointly by CABE and English Heritage.

6.4.2 A visual assessment has been undertaken, including views from the main access

routes into the city, inner city views from key viewpoints and open spaces and wider distant and elevated views that illustrate the whole city skyline. Although the development is substantial, the clearly articulated massing and relatively lightweight glazed elevations of the tall elements would allow them to sit alongside more traditional built forms without adversely affecting the setting of the Castlefield

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Conservation Area or any listed buildings, or views out of any other conservation areas. English Heritage has been consulted on the proposed design and the visual assessment and has not raised any objection to the scheme.

6.4.3 The proposals have been designed to integrate the development not only into the

immediate context but also into the city-wide context. The five small footprint tall elements are aligned with significant buildings, public spaces and urban grids across the city centre. The applicant has sought to avoid an arbitrary arrangement and the intention is to exploit the opportunity to ‘reference’ individual buildings to key buildings and spaces of the wider cityscape through orientation and colour.

6.4.4 The height of the buildings defines a distinctive urban character and their massing

ensures that a significant proportion of the site can be open space while maintaining the overall commercial viability. The strategy for height and massing has a deliberate visual impact that is consistent with the desire to integrate the site into the City Centre and identify it at an important ‘gateway’ into Manchester. The landmark tower is intended to be seen in many views but especially on the skyline as viewed from Mosley Street and Piccadilly Gardens.

6.4.5 CABE has been consulted on the proposed design and visual assessment and

supports the proposal. In assessing the criteria contained within the English Heritage and CABE guidance it is considered that the applicant has thoroughly demonstrated that the proposals would satisfactorily meet the guidance and that the proposals would provide overall development of a quality appropriate to this important site.

6.4.6 It is considered that the visual assessment has satisfactorily demonstrated that this

proposal would not have an adverse impact on any views of importance from within the City Centre. On balance it is considered that the tall elements would create a positive landmark in the area, providing an architectural statement of high quality in the Great Jackson Street area, thus enhancing the City’s skyline and having a overall positive effect on the townscape.

6.5 Contribution to public spaces and facilities 6.5.1 The critical mass and mix of uses created by the proposal would generate life and

activity at different times of the day and night, for example through the active ground floor frontages of the proposed retail units. The site design and massing of proposed buildings on the eastern side of the site allows a large public space to be developed occupying approximately 55% of the site area. This new public space would form an important focal point in an area of the city that has little public amenity space outside Castlefield.

6.5.2 The public realm design exploits the site topography, whilst paving materials to be

used within the open space and public realm have been carefully selected to complement and enhance the surrounding mix of historic and contemporary building types and the various façade finishes including red sandstone, slate, timber glass and steel. It is considered therefore that the proposals would make a positive contribution to the public realm and facilities.

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6.6 Effects on the local environment and amenity

6.6.1 Acoustic issues An acoustic survey has been submitted, establishing external noise levels at the site to determine façade requirements and to establish minimum background noise levels for mechanical plant. This study helped dictate the specification of the proposed building to ensure that residential amenity within the scheme is protected. In addition, the study included an analysis of the impact upon the existing noise climate. The study concluded that additional noise created by traffic movements would not be significant and that noise from mechanical services plant would be adequately managed to acceptable levels.

6.6.2 Air Quality An air quality assessment of the proposed development has been carried out to assess the impact of the proposed development during both construction and operational phases. The type, source and significance of potential impacts were identified and any mitigation measures were described. The assessment concluded that whilst releases and increases in air pollutants were likely to occur, these could be reduced to acceptable levels through good site practice. This would be formalised through a condition relating to compliance with a Construction Site Management Plan, to be agreed with the City Council.

6.6.3 Archaeological issues An archaeological desk-based assessment of the application was carried out as the site has a low potential for remains to be present dating from before the 18th Century. A scheme of archaeological evaluation and appropriate mitigation strategy would be required by condition in the event of the proposal being approved.

6.6.4 Security issues A full Crime Impact Assessment of the site has been prepared by the Greater Manchester Police Architectural Liaison Unit. The assessment identified a range of issues relating to personal security in relation to the proposed building type/use and the site location, but concluded with a number of crime prevention recommendations which will help minimise these risks. GMP has therefore confirmed no objection to the scheme as submitted, subject to a condition requiring compliance with Secured by Design.

6.6.5 Ecological issues An ecological appraisal study was carried out on the site to provide an initial overview of any likely ecological constraints and opportunities present at the site. The report concluded that the site was generally of low ecological value with the exception of limited potential for nesting birds. There are, however, no overriding ecological constraints upon of the redevelopment of the site, and the Ecological Unit has confirmed no objections to the proposal subject to conditions.

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6.6.6 Ground contamination issues

An environmental assessment of the application site was undertaken to assess any environmental considerations with respect to ground conditions on the site. The assessment revealed that the site has a low/medium risk to the proposed development with regard to environmental ground and geotechnical considerations. As there is potential for previous uses of the site to have given rise to ground contamination, it is recommended that a condition be attached to any approval requiring agreed remediation works to be undertaken prior to the commencement of development.

6.6.7 Lighting issues No significant environmental effects from lighting are predicted during the construction stage of the development. Following completion of the scheme, no significant effects are predicted from lighting of the development on adjacent residential properties, road users near the site or ecological receptors around the site. Best practice lighting design techniques would minimise light spill and glare. A minor impact would occur from lighting of the tall buildings at night, given the high rise nature of the development proposals together with existing lighting conditions surrounding the site, but this is not predicted to be significant. No significant effects on nearby residential properties are predicted.

6.6.8 Sunlight/daylight shadowing and solar dazzle An assessment of the potential impact of the development in terms of daylight, sunlight, shading and solar dazzle was submitted as part of the planning application. The report revealed that there would be no adverse impact upon the surrounding sensitive receptors, in accordance with British standards. It is considered from the results of the shadow study that although the proposals would create a significant shadow, this would move relatively swiftly across nearby buildings and would be minimised by the slender profile of the towers. It is considered therefore that properties in the vicinity of the site and further away would not be adversely affected by overshadowing to such a degree that amenity would be significantly affected.

6.6.9 Transport issues As part of the Transport Assessment which was carried out as part of this planning application, full consideration was given to the potential impact upon transport infrastructure. The assessment concludes that due to the development’s location and layout, the scheme would not have a material impact upon traffic and the network capacity. Detailed issues of highway design and off-site highway works would be resolved via discharge of the relevant conditions.

6.6.10 Radio and television interference issues An assessment has been carried out to assess the potential impact of the proposed development on reception of terrestrial and satellite television and radio services in the area surrounding the site. During construction and once complete, it is anticipated that there will be negligible residual impacts following the application of a package of mitigation measures.

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6.6.11 Water resource issues The impact of the development on water resources during both construction and operational phases has been assessed. During the construction phase a temporary drainage system will be installed. With regard to the operational phase, measures such as petrol interceptors will be installed.

6.6.12 Wind

An assessment of the proposed development on the wind environment with regard to effect on pedestrian comfort and safety was carried out. The assessment revealed that wind acceleration falls within the recommended safety standards and would not adversely affect levels of pedestrian comfort at ground level.

6.6 .13 Pedestrian permeability and linkages

The proposed scheme, with the new public uses and high density residential development would encourage activity in this area and provide increased pedestrian footfall. This would further be enhanced through the design which includes active frontages and high quality architecture at street level, thereby improving the townscape and public amenity. In addition, the site is located at an important entrance point into the City Centre from the south. The proposed scheme will provide a positive image of the city’s townscape and create a key landmark for visitors to the city. The proposal, due to its height and quality, will provide visual connections, enhance important views and vistas and will assist orientation within the City Centre. It is considered therefore that the proposals would contribute positively to permeability, linkages and the legibility of the City Centre and wider townscape.

6.6.14 Sustainable design and construction

The Sustainability Statement submitted as part of the application provides a summary of the Sustainability Appraisal of the proposed Owen Street development. The development proposals have been appraised against sustainability principles and objectives contained within national, regional, local policies and the Building Research Establishment’s Checklist for Sustainable Development, and a Preliminary Eco-Homes Assessment has been undertaken in accordance with EcoHomes 2006 criteria. It has been demonstrated that the development would accord with a range of sustainability principles.

The site is located in close proximity of existing public transport links and local amenities, facilities and services. In addition, pedestrian routes throughout the site will be developed and storage facilities for cycles will be provided with a view to reduce the need for vehicle travel and promote the adoption of more sustainable transport modes. An Energy Assessment has been undertaken to inform decisions on energy supply and use within the development, identifying feasible options to reduce the energy/CO _ footprint of the development (e.g. through the provision of zero or low-carbon technologies), thereby contributing to national, regional and local objectives in relation to climate change.

The applicant has stated that the entire development will seek to achieve an ‘excellent’ BREEAM rating (Building Research Establishment Environmental Assessment Methodology) and is intended to be energy efficient. A Construction

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Environmental Plan is to be developed, as would a waste/recycling strategy. It is therefore considered that the proposals would be highly sustainable in terms of the above impacts.

6.6.15 Access issues

The applicant has confirmed that level access would be possible to all parts of the development and that a minimum of 5 per cent of car parking spaces would be suitable for use by wheelchair users.

6.6.16 Impact on residents and pedestrians during construction

The applicant considered the impact on residents and pedestrians as part of the Environmental Assessment. It is acknowledged that during construction, some local residents may be affected by noise, dust, traffic and changes to access or TV reception. It is recommended that a condition be attached to any approval ensuring that a Construction Environmental Management Plan be submitted and approved before the commencement of development. This would include measures to minimise impacts where possible, together with provisions for community liaison.

With regard to the impact on pedestrians using the streets adjoining the site, it is acknowledged that some inconvenience and loss of amenity due to impacts such as closure/diversion footways, traffic and occasional noise or dust is likely to be experienced. The proposed Construction Environmental Management Plan will incorporate measures to minimise these impacts, and their cumulative effect is unlikely to be significant.

6.6.17 Public Benefit from the completed scheme

Once the development is completed, existing local residents would benefit from the employment opportunities and services that it would provide, in accordance with the approved Development Framework. The public realm would create a destination in itself, with restaurants, bars and cafes, healthcare facility and pharmacy, artists and sculptors studio and display gallery, crèche, public spa and leisure facility with a 25m swimming pool and community spaces. The overall cost of these facilities would amount to approximately £14 million, comprising £7 million for the public realm and £7 million investment into the public amenity facilities. The mix of uses reflects the fact that the proposals have been developed with a specific focus on the existing levels of community provision within the approved Development Framework and surrounding areas.

The proposed healthcare facility is centrally located to meet the future needs of current and future residents, located at the focal point for pedestrian and cycle networks and other community facilities. Studies of existing facilities carried out by the applicant have indicated that there is limited capacity for babies under the age of two within existing crèches, and a crèche forms part of the proposed mix of uses. The new public health and fitness centre and spa would not only benefit the residents of Owen Street but also provide a first class leisure facility for existing residents in the surrounding area. The scheme would make a significant contribution to the City Centre in terms of public open space provision, creating 0.81 hectares. The proposed development would provide accommodation capable of being occupied by essential local facilities such as a convenience

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store and dry cleaners. Pods containing coffee bars, newsagents would help to bring the open space to life and meet local needs.

It is crucial that the growing residential communities in the wider area have the necessary facilities required to support and underpin the sustainable and continued regeneration of the area. By providing facilities such as healthcare, convenience/amenity retail (e.g. newsagents, food, dry cleaners, etc), this proposal represents a significant public benefit to the wider area beyond the confines of the site. The applicant recognises that attracting the proposed uses into the units would be a gradual process as the local population on which they would depend grows. However, measures such as profit or turnover rents, flexible leases and more traditional leases would be offered to prospective tenants and have proved successful in attracting tenants to other schemes by the applicant, and a similar approach would be adopted for this development. The applicant has confirmed that early discussions are already underway with Manchester Primary Care Trust regarding provision of the healthcare facility.

The provision of public open space and a new pedestrian route through the site will greatly enhance access to the riverside environment and improve links around this area for local residents, although some residents may be affected by a limited degree of shadowing, increased traffic or changes to their views. On balance, it is therefore considered that the impact of the development on local residents is acceptable.

The completed scheme would greatly enhance pedestrian access within and around the site. The proposed creation of a high quality public space within the site will considerably benefit pedestrian amenity. Whilst some pedestrians may notice impacts such as increased traffic, the effects will be highly localised and on balance would be not outweighed by the overall benefits.

6.6.18 Response to objections

The points raised by objectors have been fully considered above. 7. HUMAN RIGHTS ACT 1998 CONSIDERATIONS 7.1 This application needs to be considered against the provisions of the Human

Rights Act 1998. Under Article 6, the applicants (and those third parties, including local residents, who have made representations) have a right to a fair hearing and to this end the Committee must give full consideration to their comments.

7.2 Article 8 and Protocol 1 Article 1 confer a right of respect for a person's home and

a right of peaceful enjoyment of one's possessions which could include a person's home, other land and business assets. In taking account of all material planning consideration, including Council policy as set out in the Unitary Development Plan, the Assistant Director has concluded that some rights conferred by these Articles on the objectors, residents and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is 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

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by 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.

8. CONCLUSION

8.1 The proposed development is acceptable in terms of use and in the broad principles of its design. It comprises a high quality scheme that would commence implementation of the Development Framework, significantly contribute towards the regeneration of the Great Jackson Street area, and establish a destination to link the area to the core of the City Centre across the railway viaduct. It would create a significant new public open space, provide new employment and residential floorspace, and significantly improve this approach into the City Centre. In this context, it is recommended that Committee approve the application.

9. RECOMMENDATION 9.1 The Council has taken the environmental information (as defined in the

Environmental Impact Assessment regulations) into consideration and the proposal is in accordance with the UDP policies identified in paragraph 5.1.1 of the report. The Head of Planning therefore recommends that the Committee APPROVE planning application 085107/FO/2007/C3 on the basis that the proposal will, subject to compliance with the conditions below, generally accord with the policies contained within the Development Plan, specifically the Unitary Development Plan Policies H1.2 (Housing – Housing Provision), H2.2 (Housing - Residential Development), H2.7 (Housing - Design of Housing), I3.1 (Employment & Economic Development - Design of Commercial Development) E1.1 (Environmental Improvement & Protection - Air Pollution), E1.4 (Environmental Improvement and Protection – Noise Control), E1.6 (Environment - Sustainable building materials), E2.4 (Environment - Impact on Wildlife), E3.5 (Environmental Improvement & Protection - Safe Environments), R1.1 (Regeneration), T3.7 (Transport – Cycle Parking), S1.1 (Shopping – City Centre Environment), L1.3 (Leisure and Recreation – Access to Waterways), L1.8 (Leisure – Public Art), L1.9 (Leisure & Recreation – Cafes), RC3 (Mixed Uses), RC4 (Environment), RC5 (Waterways), RC6 (Tourism), RC7 (Gateway Sites), RC10 (Shopping), RC11 (Housing), RC17 (Car Parking), RC18 (Pedestrians), RC20 Area 22 (Small Area Proposals), DC7.1 (New Housing Development), DC9.1 (New Commercial & Industrial Development - Access for Disabled People) DC10.1 (Food and Drink), DC10.2 (Food and Drink), DC18.1 (Conservation Areas), DC19.1 (Listed Buildings), DC20.1 (Archaeology), DC21.1 (Flood Risk Areas) and DC26.1 (Development and Noise), in that the development would make the area more safe and attractive; would be of a high standard of design and make a positive contribution towards improving the City’s environment; there would not be any significant impacts on the residential amenities of adjoining occupiers; the development would include suitable landscaping; would reduce air pollution caused by vehicles by encouraging alternative forms of transport; would encourage energy conservation by being will served by public transport and by using high standards of energy efficiency within the development; would include measures which would lead to a safer

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environment; would promote regeneration and an improved environment; would include secure cycling parking facilities within the City Centre; would be mixed use and contribute to the mix of uses in the area; would provide additional and appropriate housing; would include satisfactory private car parking; would provide a safe and convenient conditions for pedestrians and cyclists within the City Centre; would improve access to waterways, create leisure and recreational facilities for tourism, would provide shopping facilities and potentially street cafés in an appropriate location, would be accessible at ground floor level for people whose mobility is impaired; would be in keeping with the character and appearance of the Castlefield Conservation Area and the settings of nearby listed buildings; would not increase the risk of flooding; would not expose existing or future residents to unacceptable levels of noise; and generally the proposal would provide high quality facilities within the area to the benefit of the wider surrounding community allowing the continuing regeneration of the locality; subject to the following conditions. 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 1990. 2) 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: * Ian Simpson Architects drawings ref. 7165_PF-0005, 7165_PF-0006, 7165_PF-0015, 7165_PF-0019, 7165_PF-0020, 7165_PF-0021, 7165_PF-0022, 7165_PF-0023, 7165_PF-0024, 7165_PF-0025, 7165_PF-0026, 7165_PF-0027, 7165_PF-0028, 7165_PF-0029, 7165_PF-0030, 7165_PF-0031, 7165_PF-0032, 7165_PF-0040, 7165_PF-0041, 7165_PF-0042, 7165_PF-0043, 7165_PF-0044, 7165_PF-0045, 7165_PF-0046, 7165_PF-0047, 7165_PF-0048, 7165_PF-0049, 7165_PF-0050, 7165_PF-0052, 7165_PF-0053, 7165_PF-0054, 7165_PF-0055, 7165_PF-0056, 7165_PF-0057, 7165_PF-0058, 7165_PF-0060, 7165_PF-0061; * Urban Design and Tall Building Statement prepared by Drivers Jonas, Ian Simpson Architects, Heritage Architecture Limited and Urban Land Solutions, dated November 2007; * Design and Access Statement prepared by Drivers Jonas and Ian Simpson Architects, dated November 2007; * Landscape / Public Realm Strategy prepared by Urban Land Studio, dated November 2007; * Crime Impact Statement prepared by Greater Manchester Police Architectural Liaison Unit, ref. 2006/1426 dated 14 June 2007; * Flood Risk Assessment prepared by WSP Development and Transportation, ref. 11190632 dated 14 November 2007;

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* Energy, Waste & Water Statement prepared by WSP Development and Transportation, ref. 33010182-002 dated 154 November 2007; * Sustainability Appraisal prepared by WSP Development and Transportation, ref. 12267146-001 dated November 2007; * Summary of Human Effects Report prepared by Drivers Jonas, ref. 11586087/1 dated November 2007; * Environmental Statement (Volume 1) and associated technical appendices

(Volume 2) and the Non-Technical Summary (Volume 3) prepared by Drivers Jonas, Ian Simpson Architects, Heritage Architecture Limited, Urban Land Solutions, and WSP Development and Transportation.

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 development hereby approved shall be developed in accordance with the phasing plan ref. 7165_PF-0058 unless otherwise agreed in writing by the City Council as local planning authority. Reason – In the interest of securing satisfactory development of the site, pursuant to policy H2.2 of the Manchester Unitary Development Plan. 4) No development of any phase of the development that is hereby approved shall commence unless and until samples and specifications of all materials to be used on all external elevations of that relevant phase 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, as specified in policy H2.2 of the Unitary Development Plan for the City of Manchester. 5) The relevant phase of the development shall not be occupied unless accreditation, confirming achievement of the Secured by Design standards in respect of that relevant phase has been issued by Greater Manchester Police, unless otherwise agreed in writing by City Council as local planning authority. Reason - To reduce the risk of crime pursuant to Policy E3.5 of the Unitary Development Plan of the City of Manchester and to reflect the guidance contained in Planning Policy Statement "Delivering Sustainable Development". 6) The wheels of contractors’ vehicles leaving the site shall be cleaned and the access roads leading to the site swept in accordance with a management scheme submitted to and approved in writing by the City Council as local planning authority prior to any works commencing on site. Reason - In the interest of pedestrian and highway safety, as specified in policy H2.2 of the Unitary Development Plan for the City of Manchester

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7) a) Before the development hereby approved commences, a report (the Preliminary Risk Assessment the Desk Study) to identify and evaluate all potential sources and impacts of any ground contamination, groundwater contamination and/or ground gas relevant to the site shall be submitted to and approved in writing by the City Council as local planning authority. The Preliminary Risk Assessment shall conform to City Council's current guidance document (Planning Guidance in Relation to Ground Contamination). The Desk Study shall be prepared by a suitably qualified person whose competence to carry out the Desk Study has been approved in writing by the City Council as local planning authority (an "Expert"). In the event of the Preliminary Risk Assessment Desk Study identifying risks which in the written opinion of the Local Planning Authority require further investigation, the development shall not commence until a scheme for the investigation of the site and the identification of remediation measures (the Site Investigation Proposal Scheme) has been submitted to and approved in writing by the City Council as local planning authority. The measures for investigating the site identified in the Site Investigation Proposal Scheme shall be carried out, by an Expert before development commences unless otherwise agreed with the City Council as local planning authority and the Expert shall prepare a report prepared outlining what measures, if any, are required to remediate the land (the Site Investigation Report and/or Remediation Strategy) which shall be submitted to and approved in writing by the City Council as local planning authority. b) When the development commences, the development shall be carried out in accordance with the previously agreed Remediation Strategy Site Investigation Report and a Completion/Verification Report shall be submitted to and approved in writing by the City Council as local planning authority. In the event that ground contamination, groundwater contamination and/or ground gas, not previously identified, are found to be present on the site at any time before that phase is occupied, then any phase of the development shall cease and/or the development shall not be occupied until, an Expert has prepared a report outlining what measures, if any, are required to remediate the land (the Revised Remediation Strategy/Site Investigation Report) which shall be submitted to and approved in writing by the City Council as local planning authority and the development of that phase shall be carried out in accordance with the Revised Remediation Strategy/Site Investigation Report, which shall take precedence over any Remediation Strategy Site Investigation Report or earlier Revised Remediation Strategy Investigation Report. Reason - To ensure that the presence of or the potential for any contaminated land and/or groundwater is detected and appropriate remedial action is taken in the interests of public safety, pursuant to policies H2.1, H2.2, E3.1 and E3.2 of the Unitary Development Plan for the City of Manchester.

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8) The development hereby approved shall include a building lighting scheme and a scheme for the illumination of all external areas during the period between dusk and dawn, or as may be otherwise agreed in writing by the City Council as local planning authority. Full details of such a scheme for each phase shall be submitted to and approved in writing by the City Council as local planning authority before that phase of the development commences. The approved scheme shall be implemented in full before the development of that phase is first occupied unless otherwise agreed in writing by the City Council as local planning authority. Reason - In the interests of amenity, crime reduction and the personal safety of those using the proposed development, pursuant to Manchester Unitary Development Plan policies H2.2, E3.3 and E3.5. 9) A landscaping scheme for all external areas of the site, incorporating all hard landscaping proposals, shall be submitted to and approved in writing by the City Council as local planning authority prior to the commencement of the development. The approved scheme shall be implemented for each phase not later than 12 months from the date the buildings in that phase are first occupied. Any trees or shrubs removed, dying or becoming severely damaged or becoming severely diseased within 5 years of planting shall be replaced by trees or shrubs of a similar size or species to those originally required to be planted unless otherwise agreed in writing by the City Council as local planning authority. Reason - To ensure that a satisfactory landscaping scheme for the development is carried out, pursuant to Manchester Unitary Development Plan policies H2.1, H2.7, E2.6 and E3.5. 10) No part of the development hereby approved shall exceed 181.45 metres AOD unless otherwise approved in writing by the City Council as local planning authority. Reason - In the interest of aviation safety, pursuant to Manchester Unitary Development Plan policy T4.1. 11) The development hereby approved shall not commence unless and until a Construction Management Plan, including a Site Waste Management Plan, has been submitted to and approved in writing by the City Council as local planning authority. The strategy shall include details on the timing of construction of scaffolding, the lighting and operation of cranes during construction, and a Human Impact Management Plan. Reason - In the interests of safety, and pedestrian and residential amenity, pursuant to Manchester Unitary Development Plan policies T4.1 and H2.2. 12) The development hereby approved shall seek to achieve a post-construction Building Research Establishment Environmental Assessment Method (BREEAM) rating of 'very good' or 'excellent' and at least three star sustainability rating under the code for sustainable homes for those elements of the development which are residential in nature unless otherwise agreed in writing by the City Council as local planning authority. A post construction review certificate for each phase shall be

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submitted to and approved in writing by the City Council as local planning authority before any of the buildings of that phase hereby approved are first occupied. Reason - In order to minimise the environmental impact of the development pursuant to policies E1.5 and E1.6 in the Unitary Development Plan for the City of Manchester, policies ER13 and DP3 of Regional Planning Guidance for the North West (RPG13) and the principles contained within The Guide to Development in Manchester 2 SPD and Planning Policy Statement 1. 13) Before the development of each phase hereby approved commences a scheme for the storage and disposal of refuse, including storage of recyclable materials for that phase, shall be 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 place whilst the use or development is in operation. Reason - In the interests of amenity and public health, pursuant to policy H2.2 of the Manchester Unitary Development Plan. 14) The permitted hours of opening of the retail units (Classes A1, A2, A3, A4 and A5) hereby approved are to be agreed with the City Council as local planning authority prior to occupation. Reason - In order that the local planning authority can achieve the objectives both of protecting the amenity of local residents and ensuring a variety of uses at street level in the redeveloped area, pursuant to Manchester Unitary Development Plan policy H2.2. 15) The uses of each phase hereby approved shall not commence unless and until a servicing strategy of that relevant phase, including a schedule of loading and unloading times, has been submitted to and agreed in writing by the City Council as local planning authority. Servicing shall thereafter take place in accordance with the approved strategy unless otherwise agreed in writing by the City Council as local planning authority. Reason - In the interests of residential amenity, pursuant to Manchester Unitary Development Plan policy H2.2. 16) Before each phase of development is brought into use a scheme for the extraction of any fumes, vapours and odours from any kitchen areas within that relevant phase hereby approved shall be submitted to and approved in writing by the City Council unless otherwise agreed in writing with the local planning authority. Reason - In the interests of the amenities of the occupiers nearby properties, pursuant to Manchester Unitary Development Plan policy H2.2. 17) Details of a Green Travel Plan Strategy, implementation and monitoring of effectiveness shall be submitted to and approved in writing by the City Council as local planning authority. The strategy shall outline procedures and policies that the

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developer and occupants of the site will adopt to secure the objectives of the overall site’s Green Travel Plan Strategy. Additionally, the strategy shall outline the monitoring procedures and review mechanisms that are to be put in place to ensure that the strategy and its implementation remain effective. The results of the monitoring and review processes shall be submitted in writing to the local planning authority and any measures that are identified that can improve the effectiveness of the Green Travel Plan Strategy shall be adopted and implemented. Reason - In accordance with the provisions contained within Planning Policy Guidance and in order to promote a choice of means of transport, pursuant to Manchester Unitary Development Plan policies E1.1 and T3.1. 18) Before the development of any phase hereby approved commences a shop front and signage design strategy for the commercial units of that phase shall be submitted to and approved in writing by the City Council as local planning authority. Reason - To protect the visual amenity of the development, pursuant to adopted Manchester Unitary Development Plan policy H2.2. 19) Before the develoment of any phase hereby approved is commenced, a paving and surfacing strategy for the public footpaths, redundant vehicular crossings, and vehicular carriageways around the site shall be submitted to and approved in writing by the City Council as local planning authority. All works approved in discharge of this condition shall be fully completed before that relevant phase of the development hereby approved is first occupied, unless otherwise agreed in writing by the City Council as local planning authority. Reason - In the interests of amenity and to ensure that paving materials are consistent with the use of these areas as pedestrian routes and vehicular carriageways, pursuant to Manchester Unitary Development Plan policy H2.2. 20) Studies containing the following with regard to television reception in the area containing the site shall be submitted to and approved in writing by the City Council as local planning authority: a) Measure the existing television signal reception within the potential impact area, as defined in the submitted Environmental Impact Statement, before development commences. The work shall be undertaken either by an aerial installer registered with the Confederation of Aerial Industries or by a body approved by the Office of Communications, and shall include an assessment of the survey results obtained. b) Assess the impact of the development on television signal reception within the potential impact area identified in (a) above within one month of the practical completion of the development or before the development is first occupied, whichever is the sooner, and at any other time during the construction of the development if requested in writing by the City Council as local planning authority in response to identified television signal reception problems within the potential impact area. The study shall identify such measures necessary to maintain at least the pre-existing level and quality of signal reception identified in the survey carried out in (a) above unless otherwise agreed in writing with the City Council as local

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planning authority. The measures identified carried out before the relevant phase is first occupied or within one month of the study being submitted to the City Council as local planning authority, whichever is the earlier. Reason - To provide an indication of the area of television signal reception likely to be affected by the development to provide a basis on which to assess the extent to which the development during construction and once built, will affect television reception and to ensure that the development at least maintains the existing level and quality of television signal reception, as advised in Planning Policy Guidance Note 8: Telecommunications. 21) No externally mounted telecommunications equipment shall be mounted on any part of the buildings hereby approved, including the roofs, unless otherwise agreed in writing by the City Council as local planning authority. Reason - To ensure that the high quality of the design hereby approved is not adversely affected and pursuant to adopted Manchester Unitary Development Plan policy H2.2. 22) No development shall commence until the following have been submitted to and approved in writing by the City Council as local planning authority: (a) A desk based archaeological assessment of the site; (b) A scheme for digging archaeological trial trenches on site (including timetables and particulars of the persons supervising the digging); (c) A scheme for investigating, evaluating and archiving any finds and for publishing details thereof (including timetables and particulars of the persons who will carry out said tasks). The schemes approved under (b) and (c) above shall be implemented in accordance with the timetables contained therein and no development which might affect any such find shall take place on site until written confirmation of completion of the said schemes has been received by the City Council, unless otherwise agreed in writing by the City Council as local planning authority. Reason - To investigate the archaeological interest of the site and record and preserve any remains of archaeological interest, pursuant to Policy DC20.1 of the Unitary Development Plan for the City of Manchester and guidance in PPG16.

10. LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

10.1 The documents referred to in the course of this report are either contained in the file(s) relating to application ref: 085107/FO/2007/C3 held by Planning or are City Council planning policies, the Unitary Development Plan for the City of Manchester, national planning guidance documents, development frameworks or relevant decisions on other applications or appeals, copies of which are all held by the Planning Division.

Page 27: COMMITTEE PLANNING AND HIGHWAYS DATE SUBJECT ......• 1,094 residential units (Class C3); • 100 serviced apartments; • 209 bed hotel (Class C1); • office space (Class B1 (a));

10.2 Third Party Notifications 10.2.1 A total of 1,358 residents, businesses and other third parties in the area were

consulted on the application. It is customary for this list to be included in the report to Committee, but for this application it extends to 26 pages so in this instance the full list has been placed on the application file and not included in this report.

10.3 Representations were received from the following third parties in respect of

the application. 7 emails received from residents of the following properties:

Apt 309 Castlegate, 2 Chester Road Apt 27 Deansgate Quay City South, City Road East Flat 74, 384 Deansgate Apt 215 City Gate, 3 Blantyre Street Apt 21 City Gate, 1 Blantyre Street 44 Velvet House, 60 Sackville Street 1 letter received from the following business: Austin-Smith:Lord Architects, 4 Jordan Street Equal Opportunities The proposal will make the site and its development directly accessible to all members of the public, including those with mobility impairments. Environmental Improvements The proposal will bring a significant improvement to the appearance of this site and the area generally. Employment Implications The proposal will create jobs during construction and on occupation a number of jobs will be created. HEAD OF PLANNING