COMMITTEE DATE 21122009

							 COMMITTEE DATE: 21/12/2009

Application Reference:                        09/0815
WARD:                                         Waterloo
DATE REGISTERED:                              17/08/09
LOCAL PLAN ALLOCATION:                        Resort Neighbourhood
APPLICATION TYPE:                             Outline Planning Permission
APPLICANT:                                    Mr S Pyatt

PROPOSAL:               Erection of residential development of between 3 and 11 storeys,
                        comprising 166 apartments, with leisure facilities and associated car
                        parking, servicing and landscaping (outline proposal)

LOCATION:                585-593 NEW SOUTH PROMENADE AND 1 WIMBOURNE PLACE,
                         BLACKPOOL
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INTRODUCTION

Bourne Crescent fronts onto New South Promenade, from Burlington Road West in the north
to Harrowside West in the south and is bisected by Wimborne Place. The present application
site involves approximately one quarter of the Crescent, immediately north of Wimborne
Place.

Members will recall that planning permission was refused last year for the remaining three
quarters of this crescent to be redeveloped (application number 08/0095 "Erection of six new
buildings rising to between 11 and 13 storeys in height, comprising 300 new dwellings and
holiday accommodation together with 2 restaurant/cafe uses and associated car parking,
servicing and landscaping" refers). In principle it was felt that taller buildings could be
introduced successfully into this location, however the scheme was refused for the following
reasons:

1       The proposed tower blocks would have a significantly detrimental impact on the
        residential amenities of the residential occupants on Clifton Drive by virtue of their
        scale, massing and spacing in close proximity to each other and those residential
        properties; resulting in an overbearing impact and visual intrusion and would
        therefore be contrary to Policies LQ4 and BH3 of the Blackpool Local Plan 2001-
        2016.

2       The proposal fails to demonstrate a comprehensive approach to the development of
        the Crescent in this prominent location and hence would be likely to result in a
        piecemeal development, to the significant detriment of the streetscene, contrary to
        Policies LQ1 and LQ4 of the Blackpool Local Plan 2001 - 2016.

3       The submitted Transport Assessment is inadequate to fully assess the impact of the
        development on the surrounding road network. In addition, the access, parking and
        servicing arrangements, and off-site works are considered inadequate to support a
        development of this size. As such, the proposal would adversely impact on
        accessibility and highway safety, contrary to Policies AS1 and AS2 of the Blackpool
        Local Plan 2001 - 2016.

4       The level of Public Open Space is not considered adequate to meet the needs of the
        proposed residents, the proposal would therefore be contrary to Policy BH10 of the
      Blackpool Local Plan 2001-2016.

5     There is no off-site social housing provision proposed to meet the need of Blackpool
      residents, the proposal would therefore be contrary to Policy HN8 of the Blackpool
      Local Plan 2001-2016.

More recently, outline planning permission 09/0253 was granted for redevelopment of the
Palm Beach Hotel (immediately south of this site) for the erection of a 120 bedroom hotel of
between two and eleven storeys in height, including health club/spa, pool/gym and penthouse
flat, with associated car parking at basement and ground level and servicing. Outline planning
permissions 09/0616 & 09/0617 have also been granted in principle by Committee (subject to
a S106 agreement relating to various issues) for mixed use hotel/permanent flat developments
on the north and south extremities of the crescent.

SITE DESCRIPTION

This 0.4 hectare site is on New South Promenade to the south of Blackpool Pleasure Beach,
and consists of a block of holiday accommodation premises comprising the Henderson,
Waldorf and Kimberley hotels, immediately north of Wimborne Place. The Palm Beach Hotel
is to the south (across Wimborne Place) and other hotels to the north. The properties were
built around 1920/1930 within a uniform terraced arc, set back behind Bourne Crescent, to the
front of which is a walled area of Public Open Space directly on the Promenade frontage. To
the rear of the existing hotels is a service road, across which are two storey houses and flats
fronting Clifton Drive.

The Committee will have visited the site on 21st December 2009.

DETAILS OF PROPOSAL

The submitted proposal is in outline with access, layout and scale currently applied for;
appearance and landscaping are reserved matters. The application is for demolition of the
existing buildings within the application site and replacement with 166 residential apartments
spread over between three and eleven storeys. The ground floor would contain a swimming
pool, fitness area and changing rooms towards the front, with entrance lobbies either side and
residential wings projecting rearwards (east), the rest of the flats would occupy the upper
floors.

Over the whole development, the height would gradually increase towards the north end of the
site.
Vehicular access to the site is proposed from a new access formed to the back street, which
would lead down into a basement service area and car park. The total parking on site would
amount to 138 cars, 30 cycles and 10 motorbikes. Some parking to disability standard is
shown at surface level on the POS outside the site but this is not in the applicant’s ownership.
The proposal is supported by a Design & Access Statement, Flood Risk Assessment,
Transport Statement and Accessibility Questionnaire.

MAIN PLANNING ISSUES
The key issues relate to the principle of the development in terms of Local Plan ‘resort’
policies RR2, RR8 and RR9; design policies LQ1, LQ2, LQ3 and LQ4; and accessibility
policies AS1 and AS2.
Key specific issues relate to:
   principle of the proposal
   comprehensive redevelopment of the site
   scale and impact on residential amenity
   traffic/transportation issues


CONSULTATIONS
Head of Transportation (Traffic Management): No response to date.

NATS (Safeguarding): No objections.

Blackpool International Airport (Safeguarding): Specify conditions restricting height of
development to not more than 52.53 metres AOD; 28 days notice to be given to the airport if
any cranes to be used; and, internal/external lighting to be controlled to avoid confusion to
pilots.

Environment Agency: No objection in principle subject to the development achieving at least
level 3 of the 'Code for Sustainable Homes'. Recommends the use of SUDS approach to
surface water disposal and requests a condition relating to a surface water drainage strategy
to reduce the increased risk of flooding.

Asst Director Neighbourhoods & Communities (Environmental Protection): No objection.
Requests conditions regarding a desk top study for contaminated land and mitigation
measures if found. Also to minimise the developments' impact on both existing and proposed
residents regarding the minimisation of structure borne sound from plant and machinery, a
time/day restriction on deliveries and service vehicles, and a noise assessment of the impact
of the Pleasure Beach (particularly the Big One) which will inform the design of the
development to ensure that the noise does not cause a Statutory Nuisance but will still allow
the use of opening windows in all habitable rooms.

Streetscene Inspection & Enforcement Manager: Specifies the size/amount of bins, and
storage not to be on the public highway.

ReBlackpool: No response to date.

United Utilities Plc (Water): No objection subject to a condition that there is no connection
made to the public sewer/treatment plant at Fleetwood Waste Water Treatment Works until
the upgrade is completed in Spring 2011. They also ask for landscaping and permeable
paving be used to assist with surface water drainage.

Head of Strategic Asset & Estate: No response to date.

Police Crime Prevention Officer: No response to date.


PUBLICITY AND REPRESENTATIONS

Neighbours notified: 13/07/2009
Site Notices posted: 14/07/2009
Advertised in Gazette: 22/07/2009

Objections received from:

Councillor Ian Fowler.
22 (Scala Hotel), 24, 26, 28, 30, 32, 34, 36, 38, flats 1 & 4 Arundel Court (60), flats 1, 3 St
Martins Court (62), 66A, 66B, 71, 91 Clifton Drive; 10 Napier Avenue and 91 Harrowside.

In summary, objections relate to:

   over development and massing, overdominant ugly skyscrapers
   loss of privacy for local residents
   overshadowing of Clifton Drive properties, loss of light to rear gardens
   height is out of keeping with the two storey properties in the area
   loss of peaceful and quiet character of neighbourhood
   this is a holiday area, change of use to residential shouldn't be allowed
   the existing good quality properties should be refurbished rather than demolished, more
    sustainable
   the focus should be on other badly deprived areas of Blackpool, which have a greater
    need for regeneration
   adverse traffic impact on local road network and existing parking problems, particularly
    during the holiday season
   unadopted back lane is in a poor state of repair, can't cope with the extra refuse vehicles,
    who will pay for maintenance?
   fire risk to neighbours due to height
   noise from cars and service vehicles
   lots of residential properties on the market, there is no need for more
   no affordable housing element

Other matters raised but not relevant to the planning considerations are:

       Seaside resorts abroad are getting rid of their high rise flats
       Lack of pre-application consultation by the developers, with residents
       Blight and devaluation
       Stress, noise, dust and structural damage during pile-driving and long construction
        time
       Adds nothing to the community in terms of the new residents.

Individual letters are available for members to view and issues raised are addressed in the
assessment section below.

A letter of support has been received from The Palm Beach Hotel.

NEARBY APPEALS

None relevant.

REGIONAL SPATIAL STRATEGY TO 2021

Policy RDF1 sets out the main development locations within the Region, development is
concentrated on regional towns and cities, including Blackpool.
Policy DP1 Spatial Principles promotes sustainable locations for development, making the
best use of resources and infrastructure, promoting environmental quality and increasing
accessibility.
DP4 Make the best use of existing resources and infrastructure promotes a sequential
approach i.e. firstly reusing buildings (and conversions) and previously developed land.
RDF3 The Coast, supports improving the image of coastal resorts to attract inward investment
and tourism.
Policy W6 Tourism and the Visitor Economy focuses on the regeneration of Blackpool as an
International Tourism Destination.
W7 Principles for Tourism Development promotes high quality, environmentally sensitive, well-
designed tourist attractions, infrastructure and hospitality services.
Policy RT2 Managing Travel Demand.
Policy L 4 Regional Housing Provision
Policy L 5 Affordable Housing

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

RR2 - Visitor Accommodation
RR8 - Resort Neighbourhoods
RR9 - Resort Neighbourhoods - Development proposals involving the loss of holiday
accommodation
LQ1 - Lifting the quality of design
LQ2 - site context
LQ3 - Layout of streets and spaces
LQ4 - Building Design
LQ8- Energy and Resource Conservation
HN3 - Phasing
HN6 - Housing Mix
HN7 - Density
HN8 - Affordable housing
BH3 - Residential & Visitor Amenity
BH4 - Public Health & Safety
BH5 - Protection of Public Open Space
BH10 - Open Space in new housing developments
BH17 - Restaurants, Cafes, Public Houses and Hot Food Take-Aways
NE10 - Flood Risk
AS1- General Development Requirements
AS2 - New Development with significant Transport Implications
AS5 - Traffic Management
AS7 - Aerodrome Safeguarding
PO1 - Planning Obligations

SUPPLEMENTARY PLANNING GUIDANCE

SPG 11 - Open space: provision for new residential development and the funding system

EMERGING PLANNING POLICY

Core Strategy Draft Issues and Options Document (June 2008) -

The Blackpool Core Strategy has passed its first stage – Issues and Options – and it will have
major implications for Blackpool’s future development. The document set out for consultation
the key strategic development choices which face the town – it is about where and how to
meet Blackpool’s future housing, town centre, resort and other development needs for the
next 20 years and beyond. Formal consultation on the document took place in Summer 2008.
The results of the public consultation exercise have been analysed and a report relating to the
preferred option was taken to Executive on 23 February 2009. The preferred option will be the
subject of further public consultation next year.
The evidence base supporting the emerging core strategy comprises a number of documents,
the following are relevant in this case -
   Strategic Housing Land Availability Assessment (May 2009)
   Fylde Coast Strategic Housing Market Assessment (April 2008)


ASSESSMENT
   Principle of the Proposal
The existing properties here are not unattractive, but neither are they of particular merit to
justify their retention. It is a key strategy of the Local Plan to promote redevelopment and
change where it is most needed and, specifically, to raise the quality of Blackpool’s holiday
accommodation and residential offer.
The introduction of relatively tall buildings in this location is to be welcomed in principle as it
shows a level of investment and confidence in the area. A report produced by CABE and
English Heritage in 2003 "Shifting Sands - Design and the changing image of English Seaside
Towns" points to the need for change and looks at a number of ways in which seaside resorts
are developing, changing or reinventing themselves. It also looks at the positive role that new
high quality buildings and open spaces that make the most of their seaside context can have
in these changes. Successful regeneration often on a single project can provide an incentive
to other developments and this has happened in this case with the approval of the Palm
Beach scheme.
Loss of Holiday Accommodation
Policy RR9 recognises that in total there are more bedspaces in the wider resort than can be
sustained in the future, but that Promenade holiday accommodation is uniquely well placed to
benefit from increased visitor demand. In terms of these specific properties, whilst they have
been facing difficult trading conditions in a declining Blackpool holiday market and viability
concerns may currently apply; their location opposite the New South Promenade (successfully
enhanced following major new investment of the Southern Gateway; the close proximity of the
Pleasure Beach; the new Big Blue Hotel; Solaris Centre; and, the expanding Blackpool
Airport) has recently increased the area's potential to become part of a more stable and
successful holiday sector.
An absence of holiday accommodation here would set an adverse precedent for other similar
applications elsewhere along the Promenade driven by high residential values, which could
undermine wider ambitions to revitalize Blackpool’s staying holiday market. The supporting
information does not provide any detailed demonstration that there is no viable future use in
holiday accommodation and the fact that the redevelopment of the Palm Beach Hotel as a
hotel and the other two quarters of the crescent also contain an element of holiday
accommodation, highlights the fact that there must be a viable future for holiday
accommodation.

The proposal was originally submitted in July 2008, however a number of issues have delayed
the scheme being reported to Committee. The wrong certificate of ownership was originally
served (there is a portion of land in the northeast corner that is in the ownership of the
adjacent hotel) which has now been addressed. The Transport Assessment was not with the
original submission but has now been included. Additional drawings were requested, which
have not yet been submitted. Also the applicant was invited to support his claim that there is
no future for holiday/hotel accommodation and that residential redevelopment is the only way
for the site to be viable. The submitted letters do not give significant weight to his argument
regarding viability.

If the other three schemes within the crescent were built with holiday accommodation as a
major element as proposed, then there might be an argument for allowing quality residential
accommodation within the mix. However, in the absence of any built development resulting
from these other schemes, approval of this proposal would set a precedent and result in
increased pressure on the Council to approve other purely residential schemes, with the loss
of any holiday character in the area. The proposal is therefore unacceptable in principle.

Housing Policies

A fundamental element of Resort Regeneration is the need for a higher quality housing offer.
New good quality residential development along the Blackpool seafront would itself help
trigger renewed public confidence and provide clear evidence of change in support of
Blackpool’s wider resort ambitions. The site is outside the resort core but redevelopment for
an appropriate mixed-use scheme would be supportive of Blackpool’s wider regeneration
aims. One of the clearest opportunities to create and deliver higher housing development
value is the appeal of waterfront or near waterfront development.

In line with Policy RR9, the need is to send out a clear and positive message about the
strength and direction of Blackpool’s regeneration on its shop window seafront. New holiday
accommodation would be a bold statement of Blackpool’s future as a staying holiday
destination, extending the success achieved by the Big Blue Hotel to exploit the similar
potential from the redevelopment of this site. Equally, new residential apartment
redevelopment on this site could help trigger renewed public confidence and facilitate further
change.

However, this development fails to provide a balance of uses and could undermine the
potential for a real quality leap in the seafront accommodation offer. Whilst the regeneration
precedent of this scheme as a whole is itself a powerful positive consideration, it is considered
that without the holiday accommodation offer, the proposal is unacceptable in policy terms.

In terms of housing mix, the proposed development of 100% apartments would be acceptable
in this very specific promenade location, but a mix in terms of size of properties (number of
bedrooms) will remain a requirement. A density of development higher than the normal (which
is 30-50 dwellings/hectare) is allowed where the location is considered to be highly accessible.
This site has a residential density of 415 dw/ha, however it is on bus and tram routes and is
therefore considered to be accessible.

Policy HN8 states that 'To make sufficient provision to meet the needs of Blackpool residents
for affordable and specialist needs housing, the Council will require new housing
developments on sites greater than 0.5 hectares or of more than 15 dwellings to make
provision of a minimum of 30% of the total number of dwellings as affordable housing
comprising:
• On-site provision of affordable housing, either as discounted low cost social housing, shared
ownership social housing or replacement social housing to rent; or
• Off-site social housing provision to buy or rent directly linked to housing renewal action in
Blackpool’s housing priority neighbourhoods (to reduce the amount of poor quality rented
accommodation)'
In this instance it is accepted such on-site provision may be inappropriate, with the alternative
of an off-site contribution linked to wider housing regeneration being the alternative option.

The Design and Access Statement does not make any reference to affordable housing and is
therefore contrary to policy, however in view of the fundamental objection to the principle of
the proposal, this has not been negotiated further.

   Comprehensive Redevelopment

The current proposal is only for the Henderson, Waldorf and Kimberley hotels, the rest of
Bourne Crescent is excluded. However when outline planning permission was granted for the
redevelopment of the Palm Beach Hotel earlier this year, the Design & Access statement
included an illustrative comprehensive design framework for the whole crescent and gave
confidence that a comprehensive redevelopment of what is currently a uniform crescent of
premises could be accommodated. The framework shows that the scheme would sit
comfortably within the streetscape at all stages of redevelopment of the crescent. The
framework scheme proposes 'landmark' buildings adjacent to South Shore Gateway and is a
dramatic architectural statement to improve the quality of the built environment.

As indicated in the introduction outline permissions for redevelopment of the Palm Beach
Hotel and two other substantial areas of the crescent were approved earlier this year. Whilst
ideally, a comprehensive redevelopment of what is currently a uniform crescent of premises
would be the preferred option; if this development were to proceed without the other schemes
going ahead, on balance I feel that in physical terms it could stand on its own without any
significant detriment to the townscape.

Whilst the elevational drawings are illustrative only at this stage, the final design and quality of
materials would be considered at Reserved Matters stage.

   Scale and Impact on Residential Amenity

The introduction of taller buildings on the Promenade is considered appropriate in line with
Policy LQ4, if regeneration is to occur successfully. Taller buildings can successfully be
accommodated within town centres and areas where the general form of development is more
varied. In this particular instance the surrounding development is mainly of three storey hotels
to the sides and two storey residential properties to the rear. The current scheme is
considered appropriate in scale to the Promenade location, with its raked design resulting in a
development of about five storeys high at the boundary with Wimborne Place, across which is
the three storey Palm Beach Hotel. The proposal is separated from the two storey houses to
the east across the back street.

The main issue with the proposal is with regard to the impact on residential neighbours to the
rear (east) in terms of any significant loss of light, loss of privacy and overdominance. With
regard to the general massing of the development, the top of the building is approximately 36
metres above ground level, this is centred on the south west corner of the building i.e. furthest
away from residential properties. There are two large, rear wings to the proposal, one at the
south end fronting Wimborne Place, and a curved wing at the north end of the site. Both wings
are three storeys high immediately adjacent to the back street and the height rises steeply to 6
storeys within a short distance, then up to eight storeys. I have concerns that the st eep rise
would have an overdominating impact on the residents and potential loss of light, when
combined with the general massing of the main building to the Promenade. In this respect it
would be unlike the other schemes which have been agreed in principle in the vicinity and
which have less impact in terms of dominance and light. Also there is no indication that the
design would afford sufficient privacy to occupiers and neighbours. However the impact on
the closest residential neighbours (to the east on Clifton Drive) cannot be accurately assessed
as the submitted plans are insufficient in detail, and no additional plans have been forthcoming
despite requests. The proposal is therefore unacceptable.

   Traffic / Transportation issues

A Transport Assessment (TA) has been submitted as part of the application. In summary, the
report concludes that the site is ideally located to maximise sustainable transport modes and
minimise dependence on the private car for travel with a wide range of local amenities.

The Head of Transportation has not yet responded and his comments will be reported on the
update note to committee.

Other issues relate to:

Commercial Use
The proposed ground floor leisure suite with swimming pool, fitness areas and changing
rooms. There is no indication whether this is purely a residents facility or open to a
membership. There is no policy basis for the inclusion of a separate stand alone leisure uses
as part of the scheme, however it is considered it would be supportive of the overall
regeneration of the crescent.


Public Open Space
The ownership of the Open Space to the front of the development is not clear; it is not within
the ownership of the hotels, however, nor does it appear to belong to the Council although it
seems that the Council maintain it, and so has been excluded from the development site.
There would be a normal requirement for public open space contribution for a residential
scheme in line with Policy BH10 of the Plan. On the basis of 29 x 1 bedroom units and 137
two bedroom units, this would amount to £1,009,220 commuted sum required towards the
provision or upgrade of POS within the area. If the ownership of the land in front of the site
can be clarified, there is potential to spend the sums there on upgrading the quality of the
offer. However, in view of the fundamental objection to the principle of the use, this has not
been negotiated further and the proposal is therefore deficient in terms of Policy BH10.

Flood risk/Water/SUDS/sustainability

Even though within Flood Zone 3, the site is now low risk due to the recent sea defence works
along the Promenade and the Environment Agency has no objection in this respect. United
Utilities have stated that the capacity of the existing drainage and sewerage systems is not
sufficient to deal with the scale of development proposed on site. However, case law suggests
that a Local Planning Authority cannot refuse planning permission on the basis of alleged lack
of capacity of the sewerage network. This is because the statutory undertaker (in this case
United Utilities) cannot stop a proper connection being made to the sewerage system and
must deal with the consequences of that connection if it then affects the capacity of the
system. The Fleetwood Waste Water Treatment plant upgrade is due to come online in 2011
and is therefore not an issue. The site is mostly hard surface and buildings with pitched/flat
roofs, so the proposal will not create any additional run-off above the existing situation.
TV Reception

It is very problematic to predict the impact of any new development on TV reception in the
nearby area as it relates to not only the height and location of the new buildings but also the
orientation and sensitivity of the domestic antenna, the relation of the house to the new build
(relative heights and position) and other external influences (position of any other tall
buildings). Any building above 15m in height can interfere with TV reception and there are
normally two zones of potential impact - the shadow zone (within this area the signal strength
is reduced) and the reflection zone (where you get a secondary signal deflected by the
building). This approach has been accepted by Ofcom as reasonable and robust, bearing in
mind the almost intractable complexities of predicting TV interference from a development.
Any problems with degraded television reception following development could be rectified by
for example replacement terrestrial aerials or free-to-air satellite services (if available) and this
could be secured by condition.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
The recommendation is for refusal, however if the scheme was considered to be acceptable in
principle, the decision would need to be delegated to officers pending the signing of a S106
agreement regarding commuted sum contributions for the provision of 30% affordable housing
off-site, for the provision of public open space (in line with policy BH10) for the number of
residential apartments shown; and for highway improvements.
HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. In this instance it is
considered that the impact can not be accurately assessed due to the deficiencies in the
submission.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998. No comments have been received from the Police regarding the
crime implications arising from the development. However it is not anticipated that their
comments would have any impact on the physical design or layout of the scheme.

ADDITIONAL BACKGROUND DOCUMENTS

None.

Recommended Decision: Refuse

Reasons for Refusal

   1.
          The proposal fails to make any significant provision for holiday accommodation
          within the scheme and an absence of holiday accommodation here would set an
          adverse precedent for other similar applications elsewhere along the Promenade
          driven by high residential values, which could undermine the wider ambitions to
          revitalize Blackpool's staying holiday market. As such, the proposal is contrary to
        Policy RR9 of the Blackpool Local Plan 2001 - 2016.


  2.    The plans are insufficient to accurately assess the impact of the proposal on the
        residential amenities of existing residents in Clifton Drive to the east, in terms of
        loss of privacy, loss of light, overbearing impact and the Human Rights Act. In the
        absence of accurate drawings, the proposal would be contrary to Policy BH3 of the
        Blackpool Local Plan 2001-2016.


  3.    Notwithstanding reason 2, the proposal fails to provide any accessible Public
        Open Space provision on this site to meet the needs directly arising from this
        development and is therefore contrary to the requirements of Policies BH10 and
        BH3 of the Blackpool Local Plan 2001-2016.


  4.    Notwithstanding reason 2, the proposal makes insufficient provision to meet the
        needs of Blackpool residents for affordable housing and is therefore contrary to
        Policy HN8 of the Blackpool Local Plan 2001 - 2016.




Advice Notes to Developer
Not applicable
COMMITTEE DATE: 21/12/2009

Application Reference:                        09/1189
WARD:                                         Bloomfield
DATE REGISTERED:                              22/09/09
LOCAL PLAN ALLOCATION:                        Resort Neighbourhood
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                     LPS LTD

PROPOSAL:               Use of premises as 15 self contained permanent flats.

LOCATION:                40-46 TYLDESLEY ROAD, BLACKPOOL, FY1 5DH
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SITE DESCRIPTION

This is a three-storey property (formerly 4 properties adapted to form 1 unit), situated on the
eastern side of Tyldesley Road between Princess Street to the north and Rigby Road to the
south. The property offers basement accommodation and is elevated from the highway at
ground floor level. Small walled areas providing light to the basements exist to the front, and
separate the property from the back of the pavement. Garages and other outbuildings have
recently been removed from the rear to create a rear yard. The site was formerly in use as the
Verona Hotel but is currently vacant and boarded. Overall the building is in a poor state of
repair and appears to have significant structural problems. The application site falls within the
designated Inner Area of Blackpool, within a designated Resort Neighbourhood as identified in
the Blackpool Local Plan 2001-2016, and within the scope of the Foxhall Area Action Plan.

The Committee will have visited the site on 21 December 2009.

PLANNING HISTORY

Prior to the submission of this application, a proposal was refused in July 2009 for the use of
the property as 20 self-contained flats (09/0717 refers). This scheme did not meet the
Council's housing mix standards, and did not offer adequate levels of affordable housing
provision, public open space, private amenity space, cycle parking and vehicle parking. In
addition the replacement fenestration proposed did not reflect the character of the building and
so was also considered unacceptable. The applicant was advised at the time that the proposal
was considered premature in advance of the production of the Foxhall Area Action Plan and,
in addition to the reasons stated above, the application was refused on this basis.

DETAILS OF PROPOSAL

The application proposes external alterations, to include the replacement of windows, and to
use the building, as altered, as fifteen permanent self-contained flats. Twelve two-bedroom
and three one-bedroom flats are proposed. All flats would have separate lounge, kitchen and
bedroom facilities. A communal bicycle/general storage room and a communal laundry room
are also proposed. The scheme would restore the property to 4 separate premises, with
separate rear yards, which would each be laid out as follows:

   basement and ground floor (front) - 1 x 2-bed maisonette
   basement and ground floor (rear) - 1 x 1-bed maisonette (except at no. 42)
   first floor - 1 x 2-bed flat
   second floor - 1 x 2-bed flat

At no. 42 Tyldesley Road (as would be recreated), the communal storage and laundry facilities
would be provided in place of the 1-bed maisonette that would be provided at the other three
properties.

No off-street car parking is proposed.

MAIN PLANNING ISSUES

The main planning issues are considered to be:

   the impact of the proposal on the deliverability of future plans and projects
   the principle of permanent residential use in this location
   the acceptability of the use on the amenity of neighbours
   the acceptability of the accommodation proposed
   the acceptability of the proposed external alterations
   the adequacy of amenity space, parking and refuse storage provision.

These issues will be discussed in the assessment section of this report.

CONSULTATIONS

Head of Transportation - no objection raised.

Streetscene Inspection and Enforcement Manager - the development would require 3 x 1280
litre Eurobins to be stored within the confines of the premises and not on the public highway.

United Utilities - no objection raised. A separate metered supply to each unit would be
required.

PUBLICITY AND REPRESENTATIONS

Site notice displayed: 29/09/09

Press notice published: 30/09/09

Neighbour notification letters sent: 23/09/09

No representations have been received in respect of this application.

NATIONAL POLICY GUIDANCE

At national level there is general advice in Planning Policy Statement 1 (PPS1) that the
planning system has a positive role to play in preventing development, which is not
acceptable. The Statement outlines the requirements for applications and appeals to be
determined in accordance with the Development Plan so far as it is material to the application,
unless material considerations indicate otherwise. Paragraphs 17 to 19 deal with the issue of
prematurity and they indicate that in some circumstances it may be justifiable to refuse
planning permission on the grounds of prematurity -
'This may be appropriate where a proposed development is so substantial or where the
cumulative effect would be so significant, that granting permission could prejudice the DPD
(Development Plan Document i.e. Foxhall Area Action Plan) by predetermining decisions
about the scale, location or phasing of new development which are being addressed in the
policy in the DPD'

The Statement goes on to say that a proposal which has an impact on only a small area would
rarely come into this category. The Statement advises that the weight attached to policies in
an emerging DPD increases with the number of stages the policies have been through and
whether there have been objections to the policies.

Planning Policy Statement 3 (PPS3) underpins the delivery of the Government's strategic
housing policy objectives. These are to ensure that people have the opportunity to live in
decent homes, which they can afford, in communities where they want to live.


REGIONAL SPATIAL STRATEGY TO 2021

Policy DP1 - Spatial Principles - lists the principles which underpin the RSS

Policy DP2 - Promote Sustainable Communities - sets out the requirements for a sustainable
community

Policy L4 - Regional Housing Provision - sets out a requirement for 8,000 new dwellings to be
provided within the Blackpool area between 2003 and 2021 with a target annual rate of
provision of 444 dwelling identified. At least 65% of this provision should be on brownfield
land.

Policy RT2 - Managing Travel Demand - requires new developments to be located where
there is good access to public transport provision to or to facilitate and encourage the use of
alternative transport modes to reduce dependence on the private car.


SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

RR8 Resort Neighbourhoods - this policy seeks to safeguard the liveability, character and
appeal of the main holiday areas as visitor destinations.

RR9 Loss of Holiday Accommodation - this policy states that the redevelopment of holiday
accommodation into permanent residential accommodation will only be permitted where
permanent residential accommodation already exists on one or both sides of the application
property, and where there is a significant to substantial incidence of permanent residential
accommodation in the immediate vicinity.

HN3 Housing Phasing - this policy seeks to ensure that new housing is delivered in a timely
manner to meet housing needs.

HN5 Conversions and Sub-Divisions - this policy sets out the Council's requirements in terms
of the standards that must be met in the conversion of properties for permanent residential
use, including compliance with the floorspace and amenity standards as set out in
Supplementary Planning Guidance Note 10.
In the inner areas conversion or sub division to residential use will not be permitted where it
would further intensify the existing over concentrations of flat accommodation and conflict with
wider efforts for the comprehensive improvement of the neighbourhood as a balanced and
healthy community

HN6 Housing Mix - this policy sets out the housing mix requirements for new housing
developments. Within the inner areas new flat developments will not be permitted where they
would further intensify the existing over concentrations of flat accommodation and conflict with
wider efforts for the comprehensive improvement of the neighbourhood as a balanced and
healthy community

HN7 Housing Density - this policy stipulates that housing densities of 30-50 dwellings per
hectare should be achieved and that densities of 50 dwellings per hectare or more may be
acceptable in accessible locations close to the town centre.

HN8 Affordable Housing - this policy requires affordable housing provision at 30% of the total
number of dwellings on proposals of more than 15 units.

BH3 Residential and Visitor Amenity - this policy states that developments will not be
permitted which would adversely affect residential amenity by virtue of the impacts arising
from the scale, design, siting, use and activity associated with the proposal.

BH10 Open Space Provision in New Housing Developments - states that new residential
development will need to provide sufficient open space to meet the needs of its residents in
accordance with the Council's approved standards.

LQ1 Lifting the Quality of Design - this policy stipulates that all new development will be
expected to be of a high standard of design and to make a positive contribution to the quality
of its surrounding environment.

LQ14 Extensions and Alterations - this policy requires all extensions and alterations to be well
designed, sited and detailed in relation to the original building and adjoining properties.

AS1 General Principles (Access and Parking) - this policy requires new development to meet
the access, travel and safety needs of all affected and gives particular mention to pedestrian,
cycle and disabled access. Safe access to the road network for all transport modes requiring
access is stipulated and appropriate levels of car; cycle and motorcycle parking are required.


EMERGING POLICIES: FOXHALL AREA ACTION PLAN

This Plan is the most advanced of the Neighbourhood Documents being prepared by the
Council, having completed the Preferred Option stage and consultation having taken place on
the Preferred Option in July/August 2009. The Plan area is bounded by Chapel Street to the
north and Rigby Road to the south, and extends inland from the Promenade to Seasiders
Way. Nine different sub areas are laid out in the Preferred Option, with different land use
character, level of intervention and anticipated timeframe proposed in each.

The application site falls within Sub Area 2: Residential South (Tyldesley Road Area), which is
identified as the best opportunity within inner Blackpool to create a new residential
neighbourhood. Sub Area 2 comprises land and properties to the north of Rigby Road, to the
west of Seasider's Way, south of Princess Street and to the east of nos 203-221 The
Promenade (as such it includes existing properties on both sides of Tyldesley Road,
properties fronting Blundell Street and properties fronting Princess Street). Subject to funding
being confirmed, it is proposed there will be major redevelopment of the area, achieved by
properties and sites being comprehensively acquired to create development sites. The
anticipated time frame for the delivery of the development is 5 years.

The vision for this area is for comprehensive redevelopment to deliver a mix of high quality
and distinctive apartments and family homes that would sit within a new residential quarter
containing attractive streets and green spaces. These homes would be owner occupied, with
some shared ownership. The Council is developing a draft masterplan as the next stage,
which will set out more detailed policy stipulating appropriate housing provision (e.g. type and
scale) in the area, along with design and sustainability requirements.

ASSESSMENT

Impact on deliverability of future plans

There are two main issues to consider:

   Prematurity – the application proposes residential development comprising 15 apartments.
    Whilst the application proposes a land use which is supported by the emerging Plan (i.e.
    residential use), the siting of the property mid-way along Tyldesley Road and within a
    substantial block of properties proposed to be redeveloped would prejudice the realisation
    of the vision to create a new modern residential neighbourhood in this area through
    comprehensive redevelopment of sub area 2.

    The approval of change of use for permanent residential use could be used to support
    other similar developments within this area, the scale and cumulative effect of which
    would be so significant as to severely restrict the creation of a new exemplar sustainable
    neighbourhood in Sub Area 2. Therefore granting planning permission could prejudice the
    Foxhall Area Action Plan by predetermining decisions about future layout, design
    consistency, housing mix, scale or phasing of new development, which is being
    addressed in the emerging policy through the Foxhall Plan and a detailed masterplan for
    the whole of the area.

    The weight to be attached to emerging policies depends upon the stage of preparation or
    review, increasing as successive stages are reached, in accordance with the guidance in
    PPS1. Extensive consultation at the ‘Issues and Options’ and ‘Preferred Option’ stages is
    complete, and a detailed Consultation Statement has been prepared. A total of 118
    responses were received to the Preferred Option, from statutory and non-statutory
    consultees and the community, including 95 completed questionnaires. Respondents are
    largely in agreement with the major redevelopment proposals for this area, including 26 of
    the 28 questionnaire respondents living in the Tyldesley Road area. Only two objections
    were received to the proposals for Sub Area 2. In view of the general support for the
    proposals, the Council will progress the Foxhall Area Action Plan to Draft Plan and
    Proposed Submission Plan (Publication) stages in 2010.

   Piecemeal development impacting on major redevelopment of the area – taking the vision
    and emerging policy framework for this area in its entirety, the development of individual
    sites would compromise site assembly and the comprehensive redevelopment of a wider
    development site (Sub Area 2) that is promoted through the Area Action Plan and being
    actively pursued by the Council and its partners Re-Blackpool.

The proposal conflicts with the emerging policy framework, which is a material planning
consideration when determining planning applications. It would compromise the
comprehensive redevelopment of a wider development site proposed in the emerging policy
framework, and the application is premature pending the imminent production of development
proposals through the Foxhall Area Action Plan.

Principle of permanent residential accommodation on the site

In terms of the existing policy framework, the application site falls within the Foxhall Resort
Neighbourhood and so the change of use proposed must be considered against Policies RR8
and RR9 of the Local Plan. Policy RR9 states that a property must have permanent residential
use on one or both sides of it before an application for change of use from holiday to
permanent accommodation can be considered favourably. Both nos. 38 and 48 Tyldesley
Road are recorded as being in hotel use. However, Tyldesley Road now has a very mixed
character with a number of properties in permanent residential use. Furthermore, the
Preferred Option Paper for Foxhall identifies Tyldesley Road as no longer being able to
sustain itself as a viable holiday area, and proposes a new exemplar residential
neighbourhood.

Permanent residential accommodation containing flats also needs to be considered against
Policies HN5 and HN6 of the Local Plan.

The application proposes 15 flats of which 12 would offer 2 bedrooms and 3 would offer 1
bedroom. No combined facility units are proposed. This housing mix meets the standards set
out in Policy HN6, and all rooms meet the Council's accepted minimum floorspace standards.
Both policies also consider whether new flat developments would further intensify existing
over-concentrations of such accommodation within Inner Areas. This is considered as follows:

The Evidence Base for Foxhall was finalised to coincide with publication of the Preferred
Option. Chapter 6 (Housing) of the Neighbourhood Profile demonstrates that there are a high
concentration of small flats in the area, with detrimental social and economic impacts on the
neighbourhood. This is supported by a number of data sources including the 2001 census, the
Blackpool Strategic Housing Study 2006, the 2008 Land Use Survey, and Blackpool’s
Monitoring and Intervention in the Private Sector (MIPS) survey undertaken in 2009.

In the immediate vicinity, Nos 17, 19, 22, 24, 25, 33, 35, 41 & 43 Tyldesley Road and 1-3 & 5-
7 Foxhall Square are self-contained permanent flats, and Nos 6, 27 & 28 Tyldesley Road, 3
Princess Street, and The Royal Pavilion, Rigby Road have planning permission for flats
(obtained before the Preferred Option emerged). In addition, 59 self contained permanent flats
exist in two large buildings to the north of Tyldesley Road, namely ‘The Maltings’ and
‘Naventis Court’.

A lack of demand for the quantum of guest house accommodation currently located within
inner Blackpool, including large guest houses along Tyldesley Road (identified in the emerging
Foxhall Area Action Plan as no longer being a viable holiday area), and the need to find
economically beneficial new uses will result in further demand for residential conversion into
flats. The size of properties along Tyldesley Road enables conversion into multiple permanent
small flats; the cumulative detrimental impact of which would be even greater and further
conflict with the Council’s strategy of promoting balanced communities.

In this instance, the creation of 15 flats would further intensify existing over-concentrations of
flat accommodation in the area and conflict with wider efforts for the comprehensive
improvement of the neighbourhood as a balanced and healthy community, as promoted in the
emerging policy framework (namely the Foxhall Area Action Plan) which proposes
redevelopment involving a mix of apartments and family homes that would be largely owner
occupied.
Whilst in principle there is no objection to the loss of holiday accommodation and the creation
of permanent residential accommodation in this area in accordance with the existing policy,
there are concerns with the intensification of small flat accommodation and consequent social
and economic impacts that would result.

Appearance

The garages and outbuildings that existed to the rear of the property have already been
removed. It is understood that they were structurally unsound. The external alterations
proposed to the main building consist of new windows in the back wall of the rear outrigger,
and replacement fenestration to the rest of the rear of the property. The windows proposed
mimic the traditional style of those existing and so are considered acceptable. The proposed
alterations would therefore accord with Policies LQ1 and LQ14 of the Local Plan.

Other Issues

Each unit would have direct access to adequate refuse storage areas within the proposed rear
yards. Covered and secure cycle parking facilities are proposed within a communal storage
room at basement level of no. 42 Tyldesley Road (as would be created). This is considered
acceptable.

No off-street parking spaces are proposed as part of the scheme. Although the area is highly
accessible and in close proximity to the town centre, it is recognised that the immediate area
suffers from congestion and significant pressure on local on-street parking provision. It is
reasonable to assume that some occupants of the units proposed could be car owners. It is
therefore considered that the development would contribute to an unacceptable increase in
local congestion and pressure on existing parking provision.

Approximately 13 sq m of open amenity space is proposed to the rear of each property. This is
considered inadequate to meet the likely needs of the occupants of the four flats (providing
seven bedrooms) which are proposed at nos. 40, 44 and 46 Tyldesley Road (as would be
created), or the occupants of the three flats (providing six bedrooms) which are proposed at
no. 42 Tyldesley Road (as would be created). Overall it is felt that the scheme proposed is
over-intensive for the site.

There is no requirement for the scheme to incorporate affordable housing provision and the
applicant has agreed to pay a commuted sum of £9,804 towards the provision of public open
space in the local area.


HUMAN RIGHTS ACT
Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set again. This
application is not considered to raise any human rights issues.


CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998
Recommended Decision: Refuse


Conditions and Reasons

  1.    The proposals would compromise the comprehensive development of a wider
        development site that is being actively pursued by the Council and its partners, as
        promoted in the emerging policy framework, namely the Foxhall Area Action Plan.
        If approved, this would set a precedent for similar development proposals to come
        forward on individual sites within the wider development site, which would further
        compromise the efforts of comprehensive development.


  2.    The proposals are premature pending the imminent production of development
        proposals for the wider area as part of the Foxhall Area Action Plan. In particular,
        the retention of the building in this case for permanent residential use involving its
        use as 15 self contained permanent flats could severely restrict the creation of an
        exemplar balanced sustainable neighbourhood in this area by detrimentally
        impacting on future layout, design consistency and housing mix.


  3.    The proposed use of the premises as 15 self contained permanent flats would
        further intensify the existing over-concentration of flat accommodation within the
        Foxhall Resort Neighbourhood and would conflict with wider efforts for the
        comprehensive improvement of the neighbourhood as a balanced and healthy
        community. As such the proposal would be contrary to Policies HN5 and HN6 of
        the Blackpool Local Plan 2001-2016 and the emerging policy framework, namely
        the Foxhall Area Action Plan.


  4.    The proposals would be contrary to Policies HN5, HN6, BH3 and AS1 of the
        Blackpool Local Plan 2001-2016 in that they do not offer an adequate level of
        amenity space and on site car parking provision. As such the proposals would fail
        to provide an acceptable level of residential amenity for the future occupants of the
        proposed development.




Advice Notes to Developer
Not applicable
COMMITTEE DATE: 21/12/2009

Application Reference:                        09/1234
WARD:                                         Marton
DATE REGISTERED:                              01/10/09
LOCAL PLAN ALLOCATION:                        Countryside Area
APPLICATION TYPE:                             Outline Planning Permission
APPLICANT:                                    Mr K Beardmore

PROPOSAL:               Erection of residential development for 19 dwellings comprising 6 semi-
                        detached dwelling houses and 13 detached dwelling houses.

LOCATION:                LAND TO REAR OF 1-7 BROAD OAK LANE, BLACKPOOL, FY3 0BZ
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION

The application site covers an area of approximately 0.7 hectares on the outskirts of Staining
village. The site is bounded to the north by open countryside with the village of Staining to the
east. A small number of dwellings lie to the west of the site along Broad Oak Lane which has a
very rural character, being narrow (approximately 3 metres in width) with no footpaths. An
isolated triangle of densely vegetated land lies to the south of the site across Broad Oak Lane
with the south-westerly extent of Staining village beyond. The site itself is roughly vegetated
with grass with some trees evident along the perimeter. There do not appear to be any ponds
on the site. The site is elevated by approximately 1.8 metres above the level of Broad Oak
Lane. The proposed access to the site would appear to cross land that is not within the
ownership of the applicant. No notice has been served on any other landowners.

The Committee will have visited the site on 21st December 2009

DETAILS OF PROPOSAL

The application seeks outline planning permission with all matters reserved for the erection of
a residential development. An indicative layout plan has been provided showing access from
Broad Oak Lane. This plan depicts 19 dwellings consisting of 13 detached properties and 6
semi-detached properties arranged around a cul-de-sac. The houses would be between 6.83
and 8.6 metres in height. Although an outline application with all matters reserved, the
application has been evaluated on the basis of this information.

The application is accompanied by a Design and Access Statement.

MAIN PLANNING ISSUES

The main planning issues are considered to be:
 the impact of the proposal on the successful delivery of future plans and projects
 the acceptability of the principle of residential development on the site/housing land supply
 the capacity of Broad Oak Lane to cope with the scale of development proposed
 the impact of the development on the residential amenity of nearby neighbours
 the impact of the development on the local environment

These issues will be discussed in the assessment section of this report.
CONSULTATIONS

Natural England - the proposal would not materially or significantly affect the Ribble and Alt
Estuaries SPA / Ramsar site. A full assessment of the impacts of the proposal on the features
of Marton Mere SSSI must be carried out, including an assessment of any impacts on air or
water quality. The potential for wildlife gain should be considered. Biodiversity in the area must
be conserved. There is insufficient information supporting this application from which to
ascertain the possible impact of the proposed development on protected species. An
ecological survey is therefore required. Surveys for bats, great crested newts, reptiles,
badgers and water voles should be carried out and an appropriate time of year to suitable
methodologies. Geodiversity conservation should be taken into account. The proposed
dwellings should conform to the Code for Sustainable Homes and BREEAM. Natural
England's Access to Natural Greenspace standards should be considered.

Lancashire County Council (Ecology) - an ecological assessment is needed before the
application is determined to investigate current biodiversity value and inform the need for
mitigation and compensation. Licences from Natural England may be required if protected
species would be affected. The relevant legislation and planning policy is listed. The
necessary component parts of an adequate ecological assessment are listed. A survey into
the potential impact on protected species is needed. The presence of great crested newts is
recorded in the area and there are unconfirmed reports of the presence of bats. If this is
confirmed, three tests must be met before permission could be granted.

United Utilities - no objection providing the site is drained on a separate system with only foul
drainage connected into the foul sewer. Surface water should discharge into the watercourse
stated in the application and may require the consent of the Environment Agency.
Consideration should be given to the use of Sustainable Drainage Systems.

Environmental Protection (Land Contamination) - the site is close to a landfill, a desk top study
is required.

Transportation - the proposal does not provide sufficient parking arrangements and would
affect the free and safe flow of traffic on the adjacent highways. The application lacks detail in
terms of improvements proposed to enable the road network to support the development.
Broad Oak Lane at present is not wide enough for vehicles to pass each other safely, and the
width and lack of pavement creates hazardous conditions for pedestrians. The highway would
need to be brought up to adoptable standard which would include increasing the road width to
7.7 metres, and providing pedestrian footpaths, lighting and traffic management. Refuse
vehicles must be able to access and egress the site in a forward gear. A turning area would be
required within the site.

Fylde Borough Council - no comments received to date


PUBLICITY AND REPRESENTATIONS

Press notice published: 14/10/09
Site notice displayed: 15/10/09
Neighbours notified: 08/10/09

Objections received from:
Broad Oak Lane - nos. 1, 2, 3, 5, 7
Eddleston Close - nos. 7, 15, 23, 24, 26
Lodge Court - no. 22
Maclaren Close - nos. 1, 2, 3
The Nook - nos. 8, 20, 22, 24, 26, Mayo House

Letters of objection have also been received from the Chairman of the Staining Parish Council
Planning Committee and Councillor Singleton of Fylde Borough Council.

The objections have raised the following issues:

Principle of development
 would compromise character of the defined Countryside Area
 the development would be out of character with the lane
 loss of village status and character
 proposal contrary to the Village Plan
 the land is isolated, it is not infill and could never link Staining to Blackpool
 previous applications for similar developments on the site have been refused, including at
    appeal

Environmental considerations
 increased flood risk
 increased pressure on local drainage and sewerage systems
 impact on habitats for wildlife
 loss of hawthorn hedges

Amenity considerations
 loss of privacy, daylight and sunlight
 increased pressure on places at local primary school
 loss of view
 construction noise and disturbance

Highways considerations
 inadequacy of the access
 pedestrian/equestrian safety
 inadequate visibility for traffic
 increased traffic congestion

Other considerations
 land has recently been used for horse grazing in contradiction with applicant's claim
 loss of property value
 errors in application

Issues relating to construction noise and disturbance or the loss of view or property value are
not valid planning considerations. It is felt that the reported errors in the application are down
to misinterpretation rather than the disingenuity on the part of the applicant. The other issues
will be discussed in the assessment section of this report.


RELEVANT APPEALS

An appeal against the refusal of outline planning permission for a residential development on
the site (application ref. 90/0288) was dismissed in 1992. The Inspector noted that the
proposal would extend the built-up area of Staining beyond its present limits into the open
countryside beyond which would be contrary to national and local guidance. No other matters
raised in connection with the appeal were considered sufficient to allow approval.

NATIONAL POLICY GUIDANCE

At national level there is general advice in Planning Policy Statement Note 1 (PPS1) that the
planning system has a positive role to play in preventing development, which is not
acceptable. The guidance outlines the requirements for applications and appeals to be
determined in accordance with Development Plans so far as it is material to the application,
unless material considerations indicate otherwise.

Planning Policy Statement Note 3 (PPS3) underpins the delivery of the Government's
strategic housing policy objectives. These are to ensure that people have the opportunity to
live in decent homes, which they can afford, in communities where they want to live.

Planning Policy Statement Note 9 (PPS9) relates to biodiversity and geological conservation
and sets out policies for their protection through the planning system.

Circular 06/05 - Biodiversity and geological conservation: statutory obligations and their impact
within the planning system - provides administrative guidance on the application of law relating
to planning and nature conservation.

EC Habitats Directive 1992 is the means by which the Community meets its obligations as a
signatory to the Convention on the Conservation of European Wildlife and Natural Habitats.
The Directive lists a number of habitats and species which merit special protection.

The Conservation (Natural Habitats) Regulations 1994 transpose the provisions of the EC
Habitats Directive into national law. The Regulations provide for the designation and
protection of European sites, the protection of European protected species, and the adoption
of planning and other controls for the protection of European sites.


REGIONAL SPATIAL STRATEGY TO 2021

Policy DP1 - Spatial Principles - lists the principles which underpin the RSS

Policy DP2 - Promote Sustainable Communities - sets out the requirements for a sustainable
community

Policy DP4 - Making the Best Use of Existing Resources and Infrastructure - advocates a
sequential approach to site selection to make the best use of land.

Policy DP7 - Promote Environmental Quality - seeks to protect and enhance environmental
quality including air, coastal and inland waters.

Policy RDF2 - Rural Areas - states that our approach to rural areas should be to enhance the
value of our rural environmental inheritance.

Policy L4 - Regional Housing Provision - sets out a requirement for 8,000 new dwellings to be
provided within the Blackpool area between 2003 and 2021 with a target annual rate of
provision of 444 dwelling identified. At least 65% of this provision should be on brownfield
land.
Policy RT2 - Managing Travel Demand - requires new developments to be located where
there is good access to public transport provision to or to facilitate and encourage the use of
alternative transport modes to reduce dependence on the private car.

Policy EM1 - Integrating Enhancement and Protection of the Region's Environmental Assets -
seeks to identify, protect, enhance and manage the Region's Environmental Assets and sets
out how this should be done through local plans, strategies, proposals and schemes.


SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

Policy LQ1 requires all new development to be of a high standard of design and make a
positive contribution to the quality of the surrounding environment.

Policy LQ2 states that new development proposals will be considered in relation to the
character and setting of the surrounding area.

Policy LQ3 seeks to ensure that the layout of all new development creates or positively
contributes towards a connected network of streets and spaces. Development sites must
provide easy access to the existing street network, offer distinct and useable spaces, promote
community safety and natural surveillance and assimilate sensitively into the surrounding built
form.

Policy HN3 seeks to control the release of housing sites in such a way as to ensure that new
housing is delivered at a rate that is consistent with annualized housing requirements.

Policy HN4 states that housing development will be permitted on derelict, vacant, underused
and previously developed land.

Policy HN6 requires new housing to provide an adequate mix of house types and sizes, taking
into account the local context and the site characteristics.

Policy HN7 relates to housing density and states that all new housing developments should
seek to achieve a net density of 30-50 dwellings per hectare. The policy states that higher
housing densities will be permitted on sites on major thoroughfares and close to defined local
centres.

Policy HN8 requires sufficient provision of affordable and specialist housing and states that
residential development on sites greater than 0.5ha, or for more than 15 dwellings, should
offer at least 30% of the total number of dwellings as affordable housing. If this cannot be
provided on site, arrangements must be made for appropriate off-site provision.

Policy BH3 states that developments will not be permitted which would adversely affect the
amenity of those occupying residential and visitor accommodation. Consideration in this
respect is to be given to the scale, design and siting of the proposed development and its
effects on privacy, outlook and levels of sunlight and daylight. The policy also requires
residential units to have a rear or side garden or other area of private outdoor amenity space
of sufficient size to meet the needs of their occupants.

Policy BH10 states that new residential development will need to provide sufficient open
space to meet the needs of its residents in accordance with the Council's approved standards.
Policy NE2 seeks to protect the open and rural character and function of the designated
Countryside Areas and prevent peripheral urban expansion. In the area surrounding the
application site, the policy does not permit new development unless directly related to
agricultural or horticultural uses or other uses appropriate to a rural area.

Policy NE4 states that development will not be permitted in or adjacent to SSSIs where it
would adversely affect, directly or indirectly, its wildlife and nature conservation importance.

Policy NE5 states that development will not be permitted that would destroy or adversely
affect County Heritage Sites - biological or geological - and other sites of importance to nature
conservation interests. Where in exceptional circumstances the benefits of a scheme clearly
outweigh any ecological or geological harm, appropriate compensation measures will be
required.

Policy NE6 relates to protected species and states that development will not be permitted if it
would have an adverse impact on animal or plant species protected under national or
international legislation. Where development is permitted, adequate compensatory measures
must be undertaken to sustain and enhance the species and its habitat.

Policy NE10 states that development in areas at risk from flooding will only be permitted
where appropriate flood alleviation measures exist or will be provided. Developments which
would increase run-off and overload storm drains or watercourses will not be permitted.
Sustainable drainage systems must be used wherever possible.

Policy AS1 requires new development to meet the access, travel and safety needs of all
affected and gives particular mention to pedestrian, cycle and disabled access. Safe access to
the road network for all transport modes requiring access is stipulated and appropriate levels
of car, cycle and motorcycle parking are required.


EMERGING PLANNING POLICY
Core Strategy Draft Issues and Options Document (June 2008)
The Blackpool Core Strategy has passed its first stage – Issues and Options – and it will have
major implications for Blackpool’s future development. The document set out for consultation
the key strategic development choices which face the town – it is about where and how to
meet Blackpool’s future housing, town centre, resort and other development needs for the
next 20 years and beyond. Formal consultation on the document took place in Summer 2008.
The results of the public consultation exercise have been analysed and a report relating to the
preferred option was taken to Executive on 23 February 2009. The preferred option(s) will be
the subject of further public consultation.
The evidence base supporting the emerging core strategy comprises a number of documents,
the following are relevant in this case:
   Strategic Housing Land Availability Assessment (May 2009)
   Blackpool Strategic Flood Risk Assessment (June 2008)
   Fylde Coast Strategic Housing Market Assessment (April 2008)
   Blackpool Nature Conservation Statement (April 2008)
OTHER RELEVANT DOCUMENTS: STAINING PARISH PLAN

This plan, which was published earlier this year by Staining Parish Council, is based on a
questionnaire sent out to local residents. It covers a wide range of issues including policing,
leisure, traffic and development. With regard to the potential expansion of the village,
approximately 99% of respondents did not want Staining to grow any larger. If new housing
were to be provided, the general consensus is that family housing and affordable housing
would be most desirable with limited demand for more executive accommodation.


ASSESSMENT

The impact of the proposal on the successful delivery of future plans and projects

Earlier this year the emerging Blackpool Core Strategy went through the Issues and Options
stage which identified a number of options for the future growth and development of
Blackpool. The land to the west of Staining, which would include the area of the application
site, was considered as a potential option for residential development to meet the future need
for new dwellings as identified and set out in the Regional Spatial Strategy. This option has
been rejected by the Council's Executive and a decision has been made to move forward with
a Preferred Option for new housing development to be located within the existing Inner Area,
on Marton Moss, and around the M55 Growth Point. Consequently, the approval of a major
residential development on the application site would be contrary to the emerging Core
Strategy and, as the plan is not yet adopted, must be considered as premature and
inappropriate.

The acceptability of the principle of residential development on the site

The application site is on land designated as Countryside Area by the Local Plan. The relevant
policies of the Plan seek to protect the open and rural character of the Countryside Areas and
so prohibit new residential development other than in exceptional circumstances where it is
necessary to support agricultural or related operations. Staining has village status and Broad
Oak Lane itself is a very narrow road serving six properties. The road is currently lined with
mature vegetation with areas of open space on either side giving it a very rural feel. The size
of the site, and the limited number of properties it separates from the main residential area of
Staining, would preclude any development from being considered to be 'infill' development.
The site does not provide a link between the main body of Staining and any other urban area.
Although not part of the adopted Development Plan, it should be noted that the proposal
would be directly contrary to the stated aspirations and objectives of the Staining Parish Plan.

The adequacy of access arrangements

At present Broad Oak Lane is not wide enough to accommodate the level of traffic the
proposed development would generate. The proposal would also have an impact on the
connected road network at The Nook and Chain Lane, which would both require work to be
undertaken to enable these roads to cope with the increase in traffic and maintain a free and
safe flow of vehicles. Refuse vehicles would not be able to access the site. It is considered
that the safety of drivers and pedestrians would be compromised by the development. The
indicative plan does not provide sufficient information to demonstrate that adequate parking
would be provided on the site. Neither the plan nor the Design and Access Statement
submitted with the application refer to any proposed improvements to the existing road
network and access point in order to accommodate the scheme. In order to be acceptable,
Broad Oak Lane would have to be increased in width from approximately 3.0 metres to 7.7
metres with adequate footpaths provided. This would require the applicant to acquire land
outside of the red edge shown on the location plan which accompanies the application. As
submitted, the proposal is unacceptable in this location due to the inadequacy of the access
and the absence of a scheme of improvement works.

The impact of the proposal on the residential amenity of nearby neighbours

The application site is elevated by approximately 1.5 metres from the surrounding properties.
Additionally the houses fronting Broad Oak Lane and backing onto the site have extremely
small back gardens with no. 5 Broad Oak Lane separated from the boundary by only 2 metres
at the closest point. Although it is accepted that the layout submitted with the application is
only indicative, it is clear that the scheme does not achieve the minimum separation distances
accepted by the Council. It is therefore felt that, in this form, the proposal would affect the
privacy of the occupants of neighbouring properties. Given the elevated nature of the site and
the height range of the houses proposed, the residents of Broad Oak Lane could also
experience some loss of daylight and sunlight. The majority of Staining village lies within the
boundary of Fylde Borough Council and, to date, no objection has been received from that
Authority relating to increased pressure on local community facilities arising from the proposal.

Environmental impacts

The application site is not only an undeveloped greenfield plot adjacent to open countryside, it
is also in close proximity to a Site of Special Scientific Interest (Marton Mere) and other sites
of Nature Conservation Value as identified in the Local Plan. Biodiversity levels in the local
area are considered to be high and there are ponds in the vicinity. A number of protected
wildlife species are present in the area.

The proposed development would fall within Schedule 2 of the Town and Country Planning
(Environmental Impact Assessment) (England and Wales) Regulations 1999 as it is an urban
development project on a site of more than 0.5 hectares in area. The need for the submission
of an Environmental Statement to support an application for Schedule 2 development depends
on the characteristics of the development, the location of the development and the
characteristics of the potential impact. Issues related to the size of the site, existing land use,
capacity of the natural environment, and the magnitude, complexity, probability and
reversibility of the impact must be considered. In this case it is felt that an Environmental
Statement is not needed to support the application, but that appropriate ecological information
is required.

A significant likelihood exists that the proposal could have an adverse impact on local
populations of bats, great crested newts, reptiles, badgers and water voles, such that Natural
England have stipulated that appropriate ecological surveys be undertaken. As stated, at
present the land is an undeveloped greenfield land which is well vegetated and adjacent to
open countryside with ponds in the vicinity. The development, if not properly mitigated and
compensated for, could have an irreversible impact on the local environment and biodiversity.
Appropriate surveys and ecological information are needed in order for a properly informed
decision to be made, and both Natural England and the County Ecology Service have
expressed concern that inadequate information has been submitted with the application in
order to demonstrate that the proposed development would have no adverse impact.

It is therefore considered that the proposal may have an adverse impact on the local
environment and biodiversity and that a detailed ecological report showing evidence of
surveys oft he site and surrounding area is needed. This report would be needed before a
determination were made and so could not be conditioned. The winter months are not
conducive to the kind of ecological survey work that would be needed to produce an
appropriate report, and so such a submission would not be possible during the normal
consideration period of this application. As such, it is felt that the application should be refused
on environmental grounds.

In their consultation response, Natural England stated that the proposed development would
not materially or significantly affect the Ribble and Alt Estuaries Special Protected Area or
Ramsar site. Consequently, it is not felt that an Appropriate Assessment in accordance with
the 1994 (Natural Habitats) Regulations is required.

Other issues

It is understood that there are drainage issues in the area, however, it is acknowledged that
United Utilities has not raised an in-principle objection to the application. The applicant has
submitted no information to suggest that appropriate sustainable drainage systems would be
employed or to indicate how drainage of the land would be managed.

The access to the site does not appear to be included within the red edge shown on the
location plan which accompanies the application. Appropriate notice should therefore have
been served on the owner of the land to the south of the application site.

The applicant has not demonstrated how he would meet the requirements of Policies HN8 and
BH10 of the Local Plan in terms of affordable housing (as the number of dwellings would be
more than 15) and open space to meet the needs of the development.

Conclusion

It is considered that the proposal would be contrary to the provisions of the emerging Core
Strategy and adopted Local Plan in that it is an inappropriate development in this location
which would have a detrimental impact on highway safety and the residential amenities of
nearby residents.


HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. This proposal is not
considered to raise any human rights issues.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998

Recommended Decision: Refuse
Conditions and Reasons

  1.    It has not been demonstrated that the applicant controls all of the land required to
        gain access to the site from Broad Oak Lane, nor has it been demonstrated that
        appropriate notice has been served on the relevant land owners.


  2.    Notwithstanding reason 1 above, the proposed development would extend the
        built-up area of Staining village and have a detrimental impact on the existing
        open, rural character and function of Broad Oak Lane and the wider Countryside
        Area. As such the proposal would be contrary to Policy NE2 of the Blackpool Local
        Plan 2001-2016.


  3.    Notwithstanding reason 1 above, the proposed development, as shown on the
        indicative layout plans, would have an unacceptably detrimental impact on the
        residential amenities of nearby residents by virtue of a reduction in levels of
        privacy, daylight and sunlight. As such the proposal would be contrary to Policy
        BH3 of the Blackpool Local Plan 2001-2016.


  4.    Notwithstanding reason 1 above, the site is in close proximity to a Site of Special
        Scientific Interest and Biological Heritage Site and the wider area potentially
        provides habitat for a number of protected species. Insufficient evidence has been
        submitted with the application to demonstrate that the proposals would not have a
        detrimental impact on biodiversity levels and the natural environment. As such, the
        proposal would be contrary to Policies NE4, NE5 and NE6 of the Blackpool Local
        Plan 2001-2016.


  5.    Notwithstanding reason 1 above, the proposal would be contrary to Policy HN8 of
        the Blackpool Local Plan 2001-2016 in that it does not include any affordable
        housing provision and so does not make an adequate contribution to the provision
        of a balanced and varied housing stock which would meet the needs of Blackpool
        residents.


  6.    Notwithstanding reason 1 above, the proposal would be contrary to Policy BH10 of
        the Blackpool Local Plan 2001-2016 in that it does not provide sufficient open
        space to meet the likely needs of the occupants of the proposed development and
        therefore would not offer an adequate level of residential amenity.




Advice Notes to Developer
Not applicable
COMMITTEE DATE: 21/12/2009

Application Reference:                       09/1265
WARD:                                        Victoria
DATE REGISTERED:                             07/10/09
LOCAL PLAN ALLOCATION:                       No Specific Allocation
APPLICATION TYPE:                            Full Planning Permission
APPLICANT:                                    Blackpool Young Peoples Services

PROPOSAL:              Erection of three storey youth centre with associated parking.

LOCATION:                BLACKPOOL & FYLDE CIVILIAN DISABLED SOCIETY, ST ANNES
                         ROAD, BLACKPOOL, FY4 2AP
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION
The application site is on land which is unallocated in the Blackpool Local Plan. Commercial
properties with flats above face the site to the east across St. Anne's Road with more
residential properties to the east and south-east. Immediately to the south of the site is an
area of open space and a United Utilities substation, with Palatine Sports College, Library and
Leisure Centre beyond. The car park serving St. Cuthbert's Children's Centre sits to the west
of the site with this facility to the north west, and the South Shore Fire Station directly to the
north. At present the application site is occupied by the former Fylde Disabled Society building
which is no longer in use. Access to the site is from St. Anne's Road.

The Committee will have visited the site on 21st December 2009


DETAILS OF PROPOSAL
The application seeks permission for the erection of a three storey youth centre with
associated parking. The building comprises two elements with a solid, rectangular, three
storey section to the north, and three elevated pod sections to the south above a sheltered
plaza. The ground floor would accommodate a cafe and social area, kitchen, plant and toilet
facilities and two interview rooms. Office space and a meeting room would be housed at first
floor level with the specific youth facilities grouped together on the second floor and in the
pods. These would include activity areas, a gym, group work rooms, health facilities and an
arts and crafts room. The pods would be elevated on angled, galvanised steel supports along
the southern elevation. The central pod would be rectangular with the adjacent pods having
rounded edges that would project beyond the main building towards St. Anne's Road to the
east and the car park to the west.

Whilst the main part of the building would be simply clad in charcoal grey composite panel
cladding, graded orange-yellow cladding would be used on the pods to make them stand out
as a bold architectural feature. A feature window wall would be provided in the north elevation
to create visual interest. The ground floor plaza area would be surrounded by an art wall to
shelter the space and create a sense of place.

The application is accompanied by a Design and Access Statement, a Travel Plan, Transport
Statement and Consultation Statement.
MAIN PLANNING ISSUES
The main planning issues are considered to be:
 the principle of the development in this location
 the impact of the proposal on the residential amenity of nearby neighbours
 the impact of the proposal on the streetscene
 the adequacy of the parking and access arrangements
 the impact of the proposal on highway safety and traffic management


CONSULTATIONS
Head of Transportation - the nearest bus stop on St. Anne's Road should be brought up to
Quality bus stop standards. Appropriate symbols should be used to mark out the disabled car
parking spaces shown on the plan. A one-way system for the car park should be considered.
A swept-path analysis for the movement of larger vehicles should be provided. Cycle parking
is needed. Suitable drop crossings need to be provided as appropriate on the pedestrian route
shown on the plan. There is a potential for conflict between pedestrians and vehicles seeking
to access and egress the site. The proposal incorporates different uses with different
operating hours on the site. The parking provision is considered inadequate and should be
reviewed.

United Utilities - no response received to date


PUBLICITY AND REPRESENTATIONS
Site notices displayed: 15/10/09
Press notice published: 14/10/09
Neighbours notified: 09/10/09

To date there have been no representations made against this proposal.


SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
Policies LQ1-4 and supporting LQ policies seek to ensure that all new developments are of a
high standard of design and will make a positive contribution to the quality of their surrounding
environment. Issues such as context, scale, integration, space, materials, landscaping,
sustainability and access are considered important.

Policy BH3 states that developments will not be permitted which would adversely affect the
amenity of those occupying residential and visitor accommodation. Consideration in this
respect is to be given to the scale, design and siting of the proposed development and its
effects on privacy, outlook and levels of sunlight and daylight.

BH19 states that the Council will promote and encourage the provision of new community
facilities on sites which are derelict, vacant or underused. Facilities should be provided in
accordance with a sequential approach.

Policy AS1 requires new development to meet the access, travel and safety needs of all
affected and gives particular mention to pedestrian, cycle and disabled access. Safe access to
the road network for all transport modes requiring access is stipulated and appropriate levels
of car, cycle and motorcycle parking are required.
ASSESSMENT
Principle of development
The site is on land which is unallocated in the Blackpool Local Plan. The area has a mixed
character comprising commercial, residential and community uses. The South Shore Fire
Station lies directly to the north of the site with St. Cuthbert’s Children's Centre to the west and
the Palatine College, library and leisure complex to the south. The site is in an accessible
location, on a main road, and on the periphery of a large local shopping centre. At present the
site is vacant and underused. As such, the reuse of the land for the provision of a community
youth centre would accord with Policy BH19 of the Local Plan. It is felt that the use would fit in
well with the mix of facilities in the immediate area. As such, the principle of the development
in this location is considered acceptable.

Impact on residential amenity
The nearest dwellings to the application site are flats on the opposite side of St. Anne's Road
above commercial premises. Larger areas of family housing exist to the east on roads running
off St. Anne's Road and further to the south. The proposed building would not overlook or
overshadow any residential property. As stated, the site is on the periphery of a local
commercial centre with a college, library and leisure centre nearby. The leisure centre is open
until 10pm on weekdays. Consequently, although the youth centre would operate until 10pm
and so may result in increased levels of activity later in the evening, no unacceptable increase
in noise or disturbance is anticipated. No objections have been made against the application
and no amenity issues have been identified.

Impact on streetscene
The design of the building has been developed in consultation with local young people and is
intended to be innovative and to stand out within the streetscene. To reflect this the height of
the building is significantly higher than that of the surrounding buildings. The main block would
be 5.8m higher than the main bulk of the fire station, 7.4m higher than the substation, 3.8m
higher than the nearby residential properties and 5.8m higher than the St. Cuthbert's complex.
However, the separation distances around the building would prevent it from appearing over-
bearing or over-dominating within the streetscene. Additionally, the separation of the building
into a main block and three elevated pod units would reduce its bulk and maintain visual
interest. The pod units themselves would be a vibrant yellow/orange colour with louvered
glazing to the south elevation. As previously stated the end pods would have rounded edges
protruding beyond the main building line to break up the building mass. The provision of a
glazed feature wall to the north elevation would create interest for those approaching from the
north and the external art wall would continue this at ground floor level. There is no
predominant materials palette in the immediate area but the colour and texture of the cladding
panels on the main block would roughly match the roof slates/tiles of the more traditional
properties nearby.

Access, parking and highway safety
The proposal would include 351sq m of cafe space, 406sq m of office space, 168sq m of clinic
style uses and 733sq m of leisure space. The cafe, clinic and leisure space is intended for use
by young people. As such, it is not considered that these areas would generate a demand for
car parking. Instead it is anticipated that the demand for car parking would arise from the staff
occupying the office and clinic space and any other employees. A maximum of 12 parking
spaces would be required to serve the office space. The application proposes 21 standard
parking spaces, 3 accessible parking spaces and 8 motorcycle spaces. This is considered
adequate to serve the development as proposed.

Given that the proposal is for a youth centre, a higher than average demand for cycle parking
is anticipated. At present, 15 cycle stands are proposed but details of the siting and design
have yet to be provided. In an area of medium accessibility such as this, the level of leisure
space provision proposed would require a car parking provision of up to 25 spaces. If this is
translated into cycle parking provision then, notwithstanding the demand generated by the
other services that would be provided from the centre, the level of cycle parking proposed is
inadequate. This issue has been discussed with the designers of the building and it is felt that
a scheme to provide sufficient cycle storage in an appropriate format could be agreed through
condition.

A number of recommendations have been made by the Council's Head of Transportation with
regard to the access and car parking arrangements. It is felt that these can also be resolved
through the use of conditions.

Other considerations
Adequate refuse storage is proposed.


LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
As the Council is the applicant in this instance, a legal agreement to secure highway
improvements is not necessary. However, the improvement of the nearest bus stop on St.
Anne's Road to Quality bus stop standard and the provision of suitable drop crossings would
be secured through condition.


HUMAN RIGHTS ACT
Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. The scheme is not felt
to raise any Human Rights issues.


CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998

Recommended Decision: Grant Permission


Conditions and Reasons

   1.    The development hereby permitted shall be begun before the expiration of three
         years from the date of this permission.

         Reason: Required to be imposed pursuant to Section 91 of the Town and Country
         Planning Act 1990 (as amended).

   2.    Details of materials to be used on the external elevations shall be submitted to and
         agreed in writing by the Local Planning Authority prior to the development being
         commenced.

         Reason: In the interests of the appearance of the locality, in accordance with
         Policy LQ1 of the Blackpool Local Plan 2001-2016.
3.   Details of the surfacing materials to be used shall be submitted to and agreed in
     writing by the Local Planning Authority prior to the commencement of the
     development.

     Reason: In the interests of the appearance of the locality, in accordance with
     Policy LQ1 of the Blackpool Local Plan 2001-2016

4.   Before the premises are first brought into use, walls or fences of a type and
     situation as to be agreed in writing by the Local Planning Authority shall be erected
     and thereafter retained.

     Reason: In the interests of the appearance of the locality, in accordance with
     Policy LQ1 of the Blackpool Local Plan 2001-2016.

5.   Notwithstanding the information shown on the approved plans, details of the siting
     and design of the refuse storage provision shall be agreed in writing by the Local
     Planning Authority prior to the development hereby approved being first
     commenced. This agreed refuse storage shall then be provided prior to the
     development hereby approved being first brought into use and shall thereafter be
     retained.

     Reason: In the interests of the appearance of the locality and the residential
     amenity of occupants and neighbours, in accordance with Policies LQ1 and BH3
     of the Blackpool Local Plan 2001-2016.

6.   Prior to the development hereby approved being first brought into use the car
     parking provision shown on the approved plans shall be provided and shall
     thereafter be retained.

     Reason: In the interests of the appearance of the locality and highway safety, in
     accordance with Policies LQ1 and AS1 of the Blackpool Local Plan 2001-2016.

7.   Prior to the development hereby approved being first brought into use, appropriate
     symbols as agreed in writing by the Local Planning Authority shall be used to mark
     out the accessible parking spaces shown on the approved plans.

     Reason: In order to provide adequate access to the development for all members
     of the community in accordance with Policy AS1 of the Blackpool Local Plan 2001-
     2016.

8.   Notwithstanding the information shown on the approved plans, details of the siting
     and design of the cycle parking provision shall be agreed in writing by the Local
     Planning Authority prior to the development hereby approved being first
     commenced. This agreed cycle parking shall then be provided prior to the
     development hereby approved being first brought into use and shall thereafter be
     retained.

     Reason: To enable access to and from the property by sustainable transport
     mode, in accordance with Policy AS1 of the Blackpool Local Plan 2001-2016.

9.   The development shall not be brought into use until the travel plan submitted with
     the application has fully finalised and signed off and agreed in writing by the Local
     Planning Authority.
      No part of the development shall be brought into use prior to the implementation of
      the Approved Travel Plan (or implementation of those parts identified in the
      Approved Travel Plan as capable of being implemented prior to first use). Those
      parts of the Approved Travel Plan that are identified therein as being capable of
      implementation after first use shall be implemented in accordance with the
      timetable therein and shall continue to be implemented as long as any part of the
      development is in use.

      Reason: In order to ensure appropriate provision exists for safe and convenient
      access by public transport, cycle, and on foot as well as by car, in accordance with
      Policy AS1 of the Blackpool Local Plan 2001 - 2016

10.   Notwithstanding the details shown on the approved plan, the development hereby
      approved shall not be commenced until a scheme for appropriate access and
      egress of the site has been submitted to and agreed in writing by the Local
      Planning Authority. This scheme shall demonstrate adequate manoeuvring space
      for refuse and delivery vehicles (through the provision of a swept-path analysis);
      adequate circulation space for vehicles (a one-way system should be considered);
      and suitable access and egress provision for both vehicles and pedestrians. The
      agreed scheme shall then be implemented as part of the development of the site.

      Reason: In order to ensure safe access to the site for vehicles and pedestrians in
      accordance with Policy AS1 of the Blackpool Local Plan 2001-2016.


11.   No development shall be commenced until a scheme for the improvement of the
      nearest bus stop on St. Anne's Road up to Quality bus stop standard, and for the
      provision of drop crossings at the proposed pedestrian crossing points has been
      submitted to and agreed in writing by the Local Planning Authority. The agreed
      scheme shall then be carried out prior to the building being first brought into use.

      Reason: In the interests of highway safety in accordance with Policy AS1 of the
      Blackpool Local Plan 2001-2016.


12.   a) No development shall take place until full details of both hard and soft
      landscaping works have been submitted to and approved in writing by the Local
      Planning Authority. These details shall include any proposed changes to existing
      ground levels, means of enclosure and boundary treatment, areas of soft
      landscaping, hard surfaced areas and materials, planting plans specifications and
      schedules (including plant size, species and number/ densities), existing
      landscaping to be retained, and shall show how account has been taken of any
      underground services.

      b) The landscaping works shall be carried out in accordance with the approved
      details within the first planting season following completion of the development
      hereby approved or in accordance with a programme agreed in writing by the
      Local Planning Authority (whichever is sooner.)

      c) Any trees or shrubs planted in accordance with this condition which are
      removed, uprooted, destroyed, die, or become severely damaged or seriously
      diseased within 5 years of planting shall be replaced within the next planting
      season by trees or shrubs of similar size and species to those originally required to
           be planted, unless the Local Planning Authority gives its written consent to any
           variation.

           Reason: To ensure the site is satisfactorily landscaped in the interests of visual
           amenity and to ensure there are adequate areas of soft landscaping to act as a
           soakaway during times of heavy rainfall with regards to Policy LQ6 of the
           Blackpool Local Plan 2001-2016.

REASONS FOR RECOMMENDED DECISION


1
         The youth centre proposed has been considered in relation to Policies BH3, BH19,
         LQ1, LQ2, LQ3, LQ4 and AS1 of the Blackpool Local Plan 2001 - 2016 and is in
         accordance with those policies and there are no other material considerations which
         weigh sufficiently against the proposal such as to warrant refusal.




Advice Notes to Developer

    1.     Please note this approval relates specifically to the details indicated on the
           approved plans and documents, and to the requirement to satisfy all conditions of
           the approval. Any variation from this approval need to be agreed in writing by the
           Local Planning Authority prior to works commencing and may require the
           submission of a revised application. Any works carried out without such written
           agreement or approval would render the development as unauthorised and liable
           to legal proceedings.
COMMITTEE DATE: 21/12/2009

Application Reference:                        09/1379
WARD:                                         Anchorsholme
DATE REGISTERED:                              30/10/09
LOCAL PLAN ALLOCATION:                        Local centre
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                    Mrs L A Mabrouk

PROPOSAL:               Use of premises as hot food takeaway and erection of extraction flue to
                        rear.

LOCATION:                46 EASTPINES DRIVE, BLACKPOOL, FY5 3RX
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION

The application property is a vacant off-licence occupying the ground floor of a two storey mid-
terrace building, located in a Local Centre on Eastpines Drive as designated in the Blackpool
Local Plan 2001-16. The shop has been vacant for approximately 12 months. The Local
Centre consists of eight units at ground floor level (including a post office, convenience store,
gift shop, hairdressers, barbers, a Chinese takeaway and a fish & chip shop) with residential
accommodation above some of these units. There is a parking lay-by spanning the front of the
shops, providing approximately 15 parking spaces. There are residential properties opposite
the Local Centre and Anchorsholme Primary School to the rear.

Although the first floor level of the application site is also currently vacant, the adjacent first
floor level units either side do appear to be occupied. All first floor level units are accessed
from the rear.

The Committee will have visited the site on 21st December 2009.


DETAILS OF PROPOSAL

Use of premises as hot food takeaway and erection of extraction flue to the rear.

The upper floor accommodation for the application site is included in the lease agreement for
the ground floor shop. The agent for the application has stated that this will be occupied by the
applicant or a member of staff.

Note: The original application title was 'Use of premises as hot food takeaway and restaurant
and erection of extraction flue to the rear' although the agent has now confirmed that the
proposal is for a hot food takeaway only.


MAIN PLANNING ISSUES

The main planning issues to be considered are:
 Principle of use,
   The impact on the residential amenities arising through disturbance, noise and odours
    associated with the proposed flue and use,
   The impact on parking and highway safety.


CONSULTATIONS

Head of Transportation
Proposal is unlikely to significantly increase trips by car to the site. No objection.

Assistant Director – Neighbourhoods and Communities (Environmental Protection)
Proposed silencer may not reduce noise levels to comply with noise guidance from World
Health Organisation (40 dBA). Given distance to nearest sensitive window (potentially within
3m of flue) a sound consultant’s report should be commissioned.


PUBLICITY AND REPRESENTATIONS

Neighbours were originally notified on 02/11/09, with additional letters being hand delivered on
26/11/09, following the return of undelivered mail.
On 08/12/2009 (following the application title being amended) all neighbours and objectors
were re-notified and any additional comments will be reported.

Representations have been received from:
27 Eastpines Drive
35 Eastpines Drive
Cllr Tony Williams

Collectively the neighbour concerns raised are:
 Application is not detailed enough, is it a restaurant or a takeaway?
 Proposal will harm visual amenity of the area.
 Application site can be better used to serve the community.
 Proposal will generate additional pedestrian and motor traffic.
 There is insufficient parking.
 Noise and odour nuisance from the extraction flue.
 Hours of opening and the disturbance that will be caused at these hours of operation.
 Increase in litter.
 Given the existing fish & chip shop and Chinese takeaway and that the area also has a
    significant residential use, an additional takeaway is not required.

In addition to the above points Cllr Tony Williams comments include:
 Opening hours not suitable in a densely populated area with a high propensity of senior
    citizens.
 Impact of noise disturbance on neighbouring properties caused by extraction system.
 The existence of a fish & chip shop and Chinese takeaway (as well as food being available
    from the post office and convenience store) means that an additional takeaway is not
    required.
 Impact on trade of existing businesses.
 Is a fast food outlet appropriate in this location given its proximity to Anchorsholme
    Primary School.
 Proposal may overload the drainage system.
These issues are addressed within the assessment section.


NEARBY APPEALS

40 Eastpines Drive.
REF: T/APP/J2373/A/99/1026819.
Use of ground floor premises as a hot food takeaway.
Appeal allowed following refusal of planning application ref: 99/0430. 27/10/1999.


REGIONAL SPATIAL STRATEGY TO 2021

None relevant to this proposal.


ADOPTED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

Policy BH3: Residential and Visitor Amenity - this policy seeks to prevent developments which
would adversely affect the amenity of local residents by virtue of the use of or activity
associated with that proposal.

Policy BH14: Local Centres - this policy states that in identified Local Centres, proposals for
retail and other active frontages appropriate to the scale and function of the centre and which
would reinforce their role will be permitted.

Policy BH17: Restaurants, Cafes, Public Houses and Hot-food Take-Aways - this policy states
that proposals for hot-food take-away shops will be directed to existing shopping frontages
and will not be permitted where they would have adverse effects on the amenities of
neighbouring premises or residents in the surrounding vicinity.

Policy LQ1: Lifting the Quality of Design - this policy states that all new development will be
expected to be of a high design standard and make a positive contribution to the quality of the
surrounding environment.

Policy LQ14: Extensions and Alterations - this policy states that all extensions and alterations
must be well designed, sited and detailed in relation to the original building and adjoining
properties. Past, unsympathetic alterations of nearby properties will not be taken as precedent
and materials need to be complementary to the original building.

Policy AS1: General Development Requirements (Access and Parking) - this policy states that
new development will only be permitted where the access, travel and safety needs of all
affected by the development are met as appropriate. A range of requirements are then listed.


ASSESSMENT

Principle of use
Given that the application site is located mid-terrace within a designated Local Centre and was
formerly used as an off-licence, the proposed use is considered acceptable in principle.

The proposal will also help enhance the vitality of the Local Centre by bringing a vacant
building back into use.
Impact on the residential amenities
The proposal includes the installation of an extraction flue on the rear elevation of the building.
By placing the flue on the rear of the property, its visual impact is minimised. There are two
other flues within the vicinity; one on the west side of this row of terraces servicing the fish &
chip shop and another at the rear of 40 Eastpines Drive for the Chinese takeaway.

The agent has advised that the flat above the application site will be leased in conjunction with
the ground floor shop and occupied by the applicant or a member of staff. However, even if
this is not the case, it is reasonable to assume that people who reside above a takeaway, do
so in the full knowledge of the range of activities involved in running such an establishment
and the potential impact they might have. This was also the view that was taken by the
Planning Inspector for the appeal at 40 Eastpines Drive.

The adjacent first floor level residential uses will both have windows within 4m of the proposed
flue. Although additional silencer details have been provided by the agent, Environmental
Protection still have reservations as to whether or not this will be sufficient. However, it is
understood that this issue can be addressed and the planning permission can be conditioned
so that following a sound consultant’s report, the exact location and specification of the flue
(including discharge height and noise attenuation measures) can be agreed with
Environmental Protection prior to the proposal being brought into use. This would help reduce
any noise and odour nuisance to an acceptable level.

Impact on parking and highway safety.
The proposed use is not likely to generate substantially more pedestrian or motor traffic than
the previous use as an off-licence. There is parking to the front of the shops which is sufficient
throughout the majority of the day, however, it is acknowledged that there are parking issues
during peak times which is further aggravated by the centre’s proximity to a school. As the
application site is not located on a main road it is not likely to attract much passing trade and
its opening hours would also not be expected to overlap with the beginning or end of the
school day and therefore pressure on parking facilities are unlikely to be simultaneous.

General
Competition and drainage are not planning considerations, however, the owner will be
responsible for the safe and adequate disposal of refuse and the maintenance of the latter.

Whilst it is noted that the proposed hours are later than those of the existing takeaways in the
area, such matters are dealt with via the Premises Licence application that will be required
should the premises wish to open after 11.00 pm.

The submitted plans do not show a dedicated bin store area and it was noted during the site
visit that several of the units currently use the rear access road. The rear yard belonging to the
application site does have sufficient space to be able to provide a bin store and the specific
details can be agreed via condition.


LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

None.
HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others.


CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998


ADDITIONAL BACKGROUND DOCUMENTS

None.

Recommended Decision: Grant Permission


Conditions and Reasons

   1.    The development hereby permitted shall be begun before the expiration of three
         years from the date of this permission.

         Reason: Required to be imposed pursuant to Section 91 of the Town and Country
         Planning Act 1990 (as amended).

   2.    Notwithstanding the submitted plans, details of the exact location, design and
         technical specification (including a noise assessment and appropriate noise
         attenuation measures) of the proposed external ventilation flue shall be submitted
         to and agreed in writing by the Local Planning Authority and be fully implemented
         in accordance with the approved details before the use commences. The
         approved flue shall be thereafter retained in accordance with the approved details.

         Reason: To safeguard the living conditions of the occupants of adjoining
         residential premises, in accordance with Policy BH3 and LQ14 of the Blackpool
         Local Plan 2001-2016.

   3.    Prior to the development hereby approved being first brought into use, refuse
         storage facilities shall be provided in accordance with a scheme to be submitted to
         and agreed in writing with the Local Planning Authority prior to the commencement
         of the development and shall be retained thereafter.

         Reason: To ensure adequate and satisfactory refuse storage facilities are provided
         in accordance with Policies LQ1 and BH3 of the Blackpool Local Plan 2001-2016.
REASONS FOR RECOMMENDED DECISION


1        The change of use and installation of the extraction system as proposed has been
         considered in relation to Policies BH3, BH14, BH17, LQ1, LQ14 and AS1 of the
         Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and there
         are no other material considerations which weigh sufficiently against the proposal
         such as to warrant refusal.



Advice Notes to Developer

    1.     Please note this approval relates specifically to the details indicated on the
           approved plans and documents, and to the requirement to satisfy all conditions of
           the approval. Any variation from this approval need to be agreed in writing by the
           Local Planning Authority prior to works commencing and may require the
           submission of a revised application. Any works carried out without such written
           agreement or approval would render the development as unauthorised and liable
           to legal proceedings.