ashton leisure park, ashton moss muse...
TRANSCRIPT
Planning Statement
Ashton Leisure Park, Ashton Moss
Muse Developments
May 2014
Contents
1. Introduction 3
2. The Site and Context 5
3. Planning History and Background 7
4. Proposed Development 9
5. Policy Context 12
6. Key Issues Arising 17
7. The Principle of Development 18
8. Technical Considerations 22
9. Conclusion 25
Amy Longmore
Muse Developments
May 2014
1. Introduction
1.1 This Planning Statement has been prepared by Turley on behalf of Muse Developments
in support of a full planning application for the erection of an amenity restaurant (Use
Class A3/A4) and associated access, car parking and landscaping works on land at
Ashton Moss.
1.2 The application relates to a vacant development site that extends to 0.6 hectares
forming part of the Ashton Moss Leisure Park. Outline planning permission was granted
for the comprehensive redevelopment of Ashton Moss for B1 (c), B2 and B8 uses, a fast
food leisure complex (including a multiplex cinema), retail (A1), hotel and conference
centre (C1) and petrol filling station(s) in 1999 (reference: 97/P/110/OL). The
development did not include provision for an additional amenity restaurant on the
application site; therefore, it is necessary to make a full application for the development
described in Section 4.
1.3 The amenity restaurant will be a facility for staff and users of and visitors to Ashton
Moss as well as for residents of nearby communities. The amenity restaurant would
predominantly be a relaxed and informal place to eat, with food representing around
70% of total sales. The development would feature spacious dining areas and a
comfortable bar. There would be no juke box or loud music. In addition to a weekday
and Sunday carvery buffet, a comprehensive menu would offer a wide range of starters,
main courses, vegetarian and lighter meals. These would be complemented by daily
specials, a wide selection of desserts and hot beverages.
1.4 The purpose of this Planning Statement is to describe the background and details of the
proposed development, and to test the proposed development against the statutory
development plan and other material considerations, including national policy.
Pre-application consultation
1.5 Prior to the submission of this application, the applicant and the consultant team met
with officers at Tameside Metropolitan Borough Council on the 25 March 2014 to
discuss the principles of the proposals and the scope of the submission.
The Submission
1.6 This planning application is accompanied by:
Scheme drawings;
Drainage Scheme;
Design & Access Statement;
Landscape Proposals;
Ground Investigation report;
Transport Statement; and
Travel Plan.
Structure of Report
1.7 This Planning Statement is structured as follows:
Section 2: The site and context – describes the existing site of the proposed
development;
Section 3: Planning History and Background – describes the planning history of the
application site and the surrounding area;
Section 4: Proposed Development – describes the details of the proposed
development including the elements of the proposed development, design, size and
layout;
Section 5: Policy Context – describes national and local planning policies and other
material considerations that are applicable to the proposed development;
Section 6: The Principle of Development – describes the principle of the proposed
development and how it accords with national and local planning policy;
Section 7: Technical Considerations – describes how the proposed development
accords with applicable national and local planning policy; and
Section 8: Planning Balance – summarises the analysis of the Planning Statement.
2. The Site and Context
The Site
2.1 The application site extends 0.6ha and comprises a parcel of vacant development land
that is part of the wider existing mixed use Leisure Park at Ashton Moss. The application
site is shown at figure 1 below.
Figure 1: Aerial Images of Application Site
Source: Google Earth
2.2 The site is bound by Lord Sheldon Way to the north, the De Vere Village Hotel and its
car park to the west, a national railway line to the south, and further cleared land to the
east, part of which has been granted planning permission for additional restaurant and
café use and associated car parking for the retail park. Junction 23 of the M60 motorway
is approximately 100 metres south west of the site.
2.3 From a technical perspective, the site lies within Flood Risk Zone 1 and is considered to
be at low risk from flooding and there are no other known flooding issues within the site.
2.4 The site is not located within or adjacent to a Conservation Area and contains no listed
buildings. Similarly, there are no listed buildings nearby and the site does not form part
of any statutory or non-statutory ecological or wildlife designation.
The Surroundings
2.5 The surrounding area is mixed in character containing a range of industrial and business
uses, retail and leisure facilities and areas of vacant land. It has been the focus of
planned redevelopment over the past 15 years. Figure 2 below provides images of the
surrounding area.
2.6 Situated to the north of the proposed site is Lord Sheldon Way, which was developed to
provide access to the Leisure Park. Beyond this road is open vacant land that forms
part of Aston Leisure Park.
2.7 Situated to the east of the proposed site is further cleared land. Planning permission
was granted in February 2014 for the development of three restaurant and café units
(Class A3) and associated car park (application reference 13/01018/FUL) on land
approximately 40m east of the proposed site. Beyond this site is the existing developed
Leisure Park, comprising a Harvester Pub, Cineworld, Hollywood Bowl, Burger King,
The Eat Inn, Nando’s, Chiquito, Frankie and Benny’s and KFC.
2.8 To the south of the application site is a national railway line, running in a north-east and
south-west direction. Approximately 25m south-east of the railway line is a cluster of
residential dwellings and industrial units.
2.9 The De Vere Hotel and associated car park is adjacent the application site to the west.
Beyond the hotel (and approximately 100m west of the application site) is the M60
motorway, which runs in a north and south direction. Further industrial units are situated
beyond the M60 motorway.
Figure 2: Photos of the area surrounding the proposed application site
Accessibility
2.10 The application site is served by Pamir Drive which feeds off Lord Sheldon Way
(A6140). Lord Sheldon Way links Ashton Moss with the M60 motorway to the west and
Ashton-under-Lyne town centre to the east.
2.11 There is a footway and cycleway along Fold Way and Pamir Drive, which will be linked
to the proposed development. The existing footway and cycleway continues from Fold
Way onto Lord Sheldon Way. There are a number of pedestrian access points provided
into Ashton Leisure Park from Lord Sheldon Way.
2.12 The site is also accessible by public transport. There are existing bus stops on the
A6140 Lord Sheldon Way located to the north of the site. These bus stops are used by
Services 7, 217, 218, 338 and C20. These services provide regular buses from the Lord
Sheldon Way stops to destinations including Ashton-under-Lyne and Manchester. The
nearest Metrolink stop is approximately 250m further along the A6140 Lord Sheldon
Way to the east, which is accessible along the footway and cycleway.
2.13 Further details of the site’s accessibility can be found in the Transport Statement.
3. Planning History and Background
3.1 In 1999, outline planning permission for the comprehensive redevelopment of Ashton
Moss to form a “strategic employment site for B1(c), B2 and B8 uses, a fast-food leisure
complex (including a multiplex cinema), retail (A1), hotel and conference centre (C1)
and petrol filling station(s)” was granted by Tameside Metropolitan Borough Council
(LPA reference 97/P/1110/OL).
3.2 The approved development was divided into four zones, comprising:
• 14 hectares of land to the west of the M60 for industrial and warehouse uses
(Area 1000);
• 8.5 hectares of land to the east of the M60 and south of Lord Sheldon Way
(A6140) to accommodate 18,125 sq. metres of leisure and entertainment
floorspace, together with drive through restaurants and a hotel (Area 2000);
• 9.8 hectares of land to the east of the M60 and north of Lord Sheldon Way for
approximately 3,874 sq. metres of industry and warehousing (Area 3000); and
• 5.1 hectares of land on the edge of the town centre for a 7,250 sq. metre
foodstore and 3440 sq. metres of non-food retail (Area 4000).
3.3 The application site is in Area 2000. This Area has been dived into two phases: Phase
1 incorporates land in the north-west; and Phase 2 incorporates land in the south. The
application site falls in Phase 2 of Area 2000.
3.4 Pursuant to the outline permission, reserved matters approval was granted, in
September 2001, for Phase 1 of the Area 2000 leisure development comprising a
multiplex cinema, bowl complex, two drive through restaurants, three A3 use restaurants
and a single leisure unit, together with 1000 car parking spaces (application reference
01/01508/REM). The floorspace of these units totalled 9,527 sq. metres.
3.5 Subsequent applications have been submitted and approved in Phase 1 of Area 2000.
These include:
• Full planning permission was granted for the Harvester Pub in March 2003
(application reference 03/00029/FUL);
• A variation to the outline permission for the whole site was granted in February
2004 (application reference 03/01752/FUL). This extended the time period for
the submission of details to be extended to February 2014;
• Reserved matters consent was granted for the Eat unit in September 2004
(application reference 04/01189/REM);
• Reserved matters consent was granted for the Burger King unit in November
2010 (application reference 10/00879/REM); and
• Full planning permission was granted in February 2014 for a single building
comprising 3x restaurant/cafe (Class A3) units and reconfiguration of car park
(application reference 13/01018/FUL).
3.6 Applications have been submitted and approved in Phase 2 of Area 2000. These
include:
Reserved matters consent was granted for De Vere Village Hotel in 2006
(application references 06/00745/REM, 06/01264/REM and 06/01840/REM);
Full planning permission was granted in January 2008 to amend the main site
access road into the Phase 2 site, including the construction of a new roundabout
and estate road (application reference 07/01614/FUL). A non-material
amendment to the roundabout was approved in August 2013 (application
reference 13/00702/MATCH); and
Full planning permission for creation of a replacement car park for 182 spaces in
February 2014 on land approximately 35m west of the application site
(application reference 13/01013/FUL).
3.7 In summary, the site forms part of a wider area which has been the focus of planned
development activity, and much of the surrounding land has been comprehensively
development for employment, leisure and retail use over the last 15 years.
3.8 The masterplan for Ashton Moss continues to evolve as development comes forward
and is completed on site. The latest masterplan for Ashton Moss is presented at Figure
3 below.
Figure 3: Ashton Moss Masterplan
Source: http://www.musedevelopments.com/images/projects/ashton-moss/
4. Proposed Development
4.1 The proposals are for the construction of an amenity restaurant, associated access, car
parking and landscaping works. The amenity restaurant (Use Class A3/A4) would be a
facility for staff, users and visitors of Ashton Moss as well as for residents of nearby
communities in Ashton-under-Lyne.
4.2 The amenity restaurant would predominantly be a relaxed and informal place to eat, with
food representing around 70% of total sales. The development would feature spacious
dining areas and a comfortable bar. There would be no juke box or loud music. In
addition to a weekday and Sunday carvery buffet, a comprehensive menu would offer a
wide range of starters, main courses, vegetarian and lighter meals. These would be
complemented by daily specials, a wide selection of desserts and hot beverages.
4.3 There would be special menus and integrated distraction facilities for children. It is these
factors combined with the food offer and, in particular, the carvery that would make the
development unique in this area.
4.4 The preceding sections of this Planning Statement provide a summary of the description
of the proposed development.
The Nature of the Proposed Use
4.5 Key features of the restaurant include:
• Gradual internal segregation between different customer groups;
• Safe area for children’s activities;
• Ease of access for wheelchair and other disabled users to dining and floor
areas;
• Appropriate separation between bar and food areas;
• Access and circulation area around carvery buffet;
• Enhanced comfort for diners with larger tables and circulation space between
tables;
• Other facilities such as disabled toilets, nappy changing, adults and child toilet
facilities;
• Kitchen, storage and preparation areas to meet Environmental Health
Organisation (EHO) requirements; and
• Lobby areas to assist with noise and heat insulation and customer comfort
levels.
4.6 Further details of the design of the proposed development are provided in the Design
and Access Statement provided as part of the planning application.
Amenity Restaurant
4.7 The restaurant is to be positioned in the southern part of the application site and will be
surrounded by hard and soft landscaping. The main entrance faces north-west toward
Lord Sheldon Way and will overlook the car park, which is to be positioned on the
northern area of the site. The service yard is at the rear of the restaurant, which faces
south-east toward the railway line.
4.8 The design of the proposed development has been considered to ensure the integration
of the development into the surrounding area. The main external material of the
restaurant will be Hampton Rural Blend brickwork with some sections of the façade
rendered in Sprayrend coloured buttermilk. The roof will be constructed in Forticrete
Gemini roof tiles in a slate grey colour.
Figure 4: Proposed Development Layout and Elevations
4.9 The total floor area of the proposed restaurant building comprises 1,157 sq. m.
4.10 The proposed ground floor area extends to 824 sq. m (gross external), of which the
licensed area is 308 sq. m (net). The kitchen and ancillary areas comprises 206 sq. m
(net) with the toilets and lobby areas comprising the remainder of the ground floor. The
bins and refuge will be within the service yard at the rear of the restaurant.
4.11 The first floor area extends to 333 sq. m (gross external) and incorporates the
manager’s and staff accommodation and storage areas
Access and Vehicle Parking
4.12 The application site will be accessed from Pamir Drive off the existing roundabout along
Lord Sheldon Way. The restaurant’s access and egress will be via a new junction from
Pamir Drive and an internal site road to the car park and restaurant building. A
dedicated area for the loading and unloading of service delivery vehicles will be
provided to the rear of the building. The service delivery vehicles will be able to
manoeuvre and turn around in the service area at the rear of the restaurant to ensure
they exit the site driving forward.
4.13 A car park providing 94 spaces including five disabled spaces and the provision of cycle
hoops for eight bicycles (with a further provision for 16 bicycle spaces for staff) will be
provided to the front of the restaurant and will be hard surfaced in tarmac.
Landscaping
4.14 A comprehensive landscaping scheme is proposed. This includes new tree planting
throughout the site which offers the opportunity to enhance the local landscape.
Opening hours
4.15 The typical opening hours of the development are 7am until 11pm. Little trade is
anticipated later in the evening.
Employment Initiatives
4.16 Approximately 75 jobs will be directly generated by the proposed development. In
addition to this, the restaurant will appoint local suppliers, where possible, to service
operational requirements thereby benefiting the wider local economy.
Summary
4.17 The proposed application is for the development of an amenity restaurant and
associated access, car parking and landscaping works on a vacant development plot at
Ashton Moss.
4.18 The proposed development has been carefully designed to integrate into the existing
character and uses of the surrounding site. The applicant is committed to delivering a
high quality development which is reflected through the design and construction of the
restaurant.
5. Policy Context
5.1 In accordance with the provision of Section 38(6) of the Planning and Compulsory
Purchase Act 2004, this application is to be considered against the provisions of the
adopted Development Plan, unless material considerations indicate otherwise.
5.2 In this case the Development Plan comprises the saved policies of the Tameside
Unitary Development Plan (UDP) (2004). Other material planning policy considerations
include the National Planning Policy Framework (“The Framework”) (2012) and the
Tameside Joint Core Strategy Preferred Options (2014). This section of the Planning
Statement describes the policies from the UDP, the Framework and the emerging Core
Strategy that are relevant to the proposed development.
Unitary Development Plan (2004)
5.3 The Tameside UDP contains the Council’s land use planning policies, which are used to
determine planning applications. The Tameside UDP was adopted in November 2004
and the majority of its policies have been “saved” pending adoption of the Joint Core
Strategy. This section of the Planning Statement describes the saved planning policies
from the UDP that are applicable to the proposed development.
5.4 The Tameside UDP is predicated on five fundamental objectives, which can be
summarised as follows:
Attracting quality jobs and securing good access through the development of
strategic employment sites
Creating a stable population through the development of new dwellings;
Create a more attractive and enjoyable Borough by greening urban areas,
protection of the natural environment and higher quality in design of development
schemes;
Regeneration in the urban areas to promote the older parts of the urban area to
improve the environment and enhance the local economy; and
Protecting green spaces in the Borough.
5.5 Policy E1(1) of the UDP identifies the application as a strategic regeneration area. More
specifically, the policy safeguards 58 hectares of land for B1 (c) light industry, B2
general industry, and B8 storage and distribution, sui generis employment and C1 hotel.
The site is also allocated for D2 assembly and leisure development and some
associated A3 food and drink uses.
5.6 Policy S7 Food and Drink Establishments and Amusement Centres notes that
developments for food and drink will only be permitted where they:
(a) do not harm the amenity of surrounding residential or other sensitive areas;
(b) do not create a danger to road users; and
(c) cumulatively, do not lead to an unacceptable change in the character of an area.
5.7 Policy T1 Highway Improvement and Traffic Management notes that development
schemes should reduce reliance on the private car widen choice and increase social
inclusion. New developments are subject to maximum levels of parking provision in
accordance with Policy T10 Parking. A3 (food and drink) developments must provide
one car parking space per 7 metres square of public floor area. Where the development
has less than 200 car parking bays, three bays (or 6% of the total capacity) must be
allocated for disabled people. A minimum of two cycle spaces and two motorcycle
spaces must be provided.
5.8 Where a development will have significant transport implications, Policy T14 Transport
Assessments notes that a Transport Assessment will need to be completed.
5.9 Where developments are proposed on a site that may have contamination problems,
Policy MW11 Contaminated Land notes that conditions will be attached to any
planning permission that is granted. Further site investigations will need to be
undertaken to identify the presence, severity and extent of potential contaminants.
Where contamination poses a threat, remedial measures will be necessary to remove,
stabilise, contain or treat the affected land before the development can proceed.
5.10 Policy U5 (Energy Efficiency) sets out that subject to assessment of any possible local
impact the Council will encourage all development to incorporate energy efficiency
within the proposal, so far as is appropriate, and will permit developments which include
measures to improve or promote energy efficiency, as a means both of conserving
resources and contributing to the reduction of emission of greenhouse gases.
National Planning Policy Framework (2012)
5.11 The planning policy framework for the proposals is provided within the National Planning
Policy Framework (“the Framework”). The Framework was published and came into
immediate effect on 27th March 2012.
5.12 The Framework sets out the Government’s planning policy for England and how it is
expected to be applied. It is a cornerstone of the Governments’ reforms of the planning
system which have the overriding objective of promoting sustainable economic growth.
The Framework replaced all previous planning policy statements and guidance notes
(except PPS10 Planning for Sustainable Waste Management). As it is a material
consideration, its policies must be taken into account in the determination of this
planning application.
5.13 The Framework applies importance to the ‘presumption in favour of sustainable
development’ and confirms support for sustainable and accessible economic
development that will meet the needs of local communities (paragraph 14).
5.14 Paragraphs 18 and 19 of the Framework confirm the Government’s clear commitment to
securing economic growth to which significant weight should be attached in the decision
making process. The planning system is required to encourage and not impede this.
5.15 The Framework promotes competitive town centre environments that provide a diverse
range of services and facilities (Paragraph 23). Edge and out-of-centre pub/restaurant
development would be required to be the subject of a sequential site assessment unless
it is in accordance with an up to date development plan.
5.16 Paragraph 32 of the Framework requires all applications generating a significant amount
of traffic to be supported by a Transport Assessment. Development should only be
refused on transport grounds where the residual cumulative effects are severe.
5.17 Furthermore, the need to locate developments where the need to travel can be
minimised and where the use of sustainable modes of transport can be maximised is
emphasised at Paragraph 34. In addition, Paragraph 35 sets out a series of
considerations relating to the sustainable movement of goods and people.
5.18 Importance is attached to design, especially that which responds and adds to the quality
of areas and ‘sense of place’ (paragraphs 56-58) and the relationship of developments
to the existing natural environment (paragraph 61). The Framework also expects new
development to take account of vulnerability arising from climate change through
suitable adaptation methods (paragraph 99).
5.19 Paragraph 103 advises local authorities to ensure that flood risk is not increased
elsewhere and to only consider development appropriate in areas at risk of flooding
when supported by a site specific flood risk assessment.
5.20 Paragraph 186 and 187 of the Framework advise that local planning authorities should
approach decision making in a positive way to foster the delivery of sustainable
development and should look for solutions rather than problems. Applications for
sustainable development should be approved where possible.
Emerging Planning Policy
5.21 Tameside Metropolitan Borough Council is currently preparing the Joint Core Strategy.
The Preferred Options have been consulted. The Council is due to submit their Joint
Core Strategy to the Secretary of State for examination in winter 2014.
5.22 The Preferred Options continues to recognise Ashton Moss as an opportunity area to
create significant conurbation accelerator. This emphasises the principle of Ashton
Moss as an area for economic growth.
Supplementary Planning Documents
Sustainable Design and Construction Guide (2005)
5.23 The Sustainable Design and Construction Guide sets out how the principles of
sustainable development should be applied in practice to the development process. The
guidance is generally applicable to all types of development, but does specifically
expand upon Tameside Metropolitan Borough Council’s requirement for evidence of the
‘sustainability’ when assessing applications for planning permission for major
developments.
5.24 The overriding objective of the guide is to set out how developers should identify
opportunities and constraints for incorporating sustainability into developments.
Developer Contributions (2006)
5.25 This SPD provides guidance on the developer contributions that the Council intends to
seek from new developments in the Borough. The document sets out the circumstances
in which contributions will be sought and standard formulae for calculating the scale of
those contributions.
Trees and Landscaping on Development Sites (2007)
5.26 This document builds upon existing National, Regional and Local Planning Policy to
provide detailed advice and guidance on the preparation and submission of high quality
and attractive landscape schemes, to ensure that all matters to do with trees and
landscaping are fully integrated into the planning and design process.
Summary of Policy
5.27 The Government’s number one priority is to secure economic growth. The Framework
urges Local Planning Authorities to be positive and proactive in facilitating opportunities
for growth.
5.28 The focus of the Tameside UDP is to deliver growth and development to secure
sustainable regeneration. Ashton Moss is identified as being a strategic regeneration
site in the adopted UDP and the application site is identified as an appropriate location
for food and drink uses.
5.29 There is an overarching commitment at all levels of policy to the delivery of sustainable
development, ensuring that proposals are accessible by a variety of means of travel,
incorporate measures to reduce their likely energy demand and minimise their impact on
the receiving environment.
5.30 Sustainable economic development is specifically encouraged with authorities asked to
adopt a positive and constructive approach. Proposals for town centre uses including
pubs/restaurants which would not be located within an existing centre are required to
demonstrate that there are no sequentially preferable sites available, unless they are in
accordance with an up to date development plan.
5.31 Developments should achieve an appropriate standard of design in both building
architecture and public realm. Schemes should also have minimal impact on biodiversity
and enhance it where possible
5.32 Overall, it can be concluded that the proposed development is consistent with the
Framework, UDP and direction of travel of the emerging Joint Core Strategy.
6. Key Issues Arising
6.1 This section of the statement outlines the key issues to the determination of the planning
application having regard to the development plan, national planning policy, and other
material considerations including technical and site specific issues.
6.2 Section 38(6) of the Planning and Compulsory Purchase Act (2004) refers to the
Development Plan as a whole and states that:
“If regard is to be had to the development plan for the purposes of any determination to
be made under the Planning Acts the determination must be made in accordance with
the plan unless material considerations indicate otherwise”
6.3 This section is in addition to Section 54A of the Town and Country Planning Act (1990),
and is a reiteration of the presumption in favour of development that accords with the
development plan.
6.4 This presumption has recently been confirmed in the Framework which continues to
place importance on the plan-led approach. However, the Framework also makes clear
that development plans should be up-to-date and in accordance with the Framework
which is a material consideration in the determination of planning applications. Where
the policies of the plan are absent, silent or not up-to-date, or where there is more than
limited conflict with the Framework, the Framework will carry greater weight.
6.5 Given the above, the relevant context for assessing the proposal is as follows:
The degree to which the development plan is up-to-date and relevant weight to
be afforded to the plan
The principle of employment generating development
Consideration of the technical and environmental issues undertaken in
connection with the proposed development
7. The Principle of Development
7.1 The Framework was published and came into effect on 27th March 2012. There are no
transitional provisions for the determination of applications and, as a new national
policy; it is a material consideration that must be taken into account in the determination
of applications. The weight to be attached to the Framework is set out at paragraphs
214 – 216 of the Annex.
7.2 In summary, Framework does not override the development plan, the primacy of which
for the determination of planning applications is set out in statute. Indeed the
Framework confirms that where a development plan is up-to-date1, its policies should be
afforded full weight even if there is a limited degree of conflict with the Framework
(paragraph 214).
7.3 In other cases (i.e. where the development plan is not up to date) the weight to be
attached to policies in the plan will depend upon their degree of consistency with the
Framework (paragraph 215) which is a material consideration. In addition, weight may
be attached to emerging plans depending upon their stage of preparation, unresolved
objections and consistency of policies to the Framework (paragraph 216).
7.4 Planning permission should be granted without delay for development that is in
accordance with the development plan, or where the development plan is absent, silent
or relevant policies are out-of-date, and only refused where any adverse impacts of
granting consent would “significantly and demonstrably outweigh the benefits”
(paragraph 14).
7.5 This section of the Planning Statement assesses the extent to which the proposed
development is acceptable in principle having regard, first to the provisions of the
adopted development plan and then to other material policy considerations.
Is the Development Plan Up to Date?
7.6 In considering the principle of development, the first issue to assess is the weight to be
attached to the relevant policies in the adopted development plan. In doing so, it is
necessary to consider whether these policies are up-to-date to establish their degree of
consistency with the Framework.
7.7 The Tameside UDP was adopted in 2004 under the provisions of the Town and Country
Planning Act 1990. Under the Planning and Compulsory Purchase Act 2004, the UDP
was reviewed and all applicable polices were ‘saved’ by the Council. The saved policies
of the UDP can only be afforded weight to the extent that they are consistent with the
Framework.
1 Prepared and Adopted in accordance with the Planning and Compensation Act 2004
7.8 Section 5 of this Planning Statement describes the saved policies of relevance to the
proposed development. Policy E1(1) is of particular relevance because it identifies the
application site as a strategic regeneration area that will accommodate inward
investment and new business.
7.9 Policy E1(1) accords with the core over-arching principles of the Framework which set
out the Government’s aspiration for sustainable and accessible economic development.
As a result, objective of Policy E1 (1) is consistent with the objectives of the NPPF.
7.10 All other UDP policies identified in Section 5 of this Planning Statement are also
considered to be consistent with the Framework.
7.11 Accordingly, the saved policies of the UDP that are applicable to the proposed
development can be afforded weight to the extent that they are up-to-date and
consistent with the objective of the Framework. Whilst the Tameside Joint Core
Strategy is a material consideration, it can only be afforded limited weight due to its draft
nature.
Does the Proposal Accord with the Development Plan?
7.12 The second part of paragraph 14 of NPPF sets out clear guidance for decision makers,
stating that unless material considerations indicate otherwise, the presumption in favour
of sustainable development means:
“Approving development proposals that accord with the development plan without
delay”
7.13 Having identified above those parts of the development plan that are relevant and up to
date, this section goes on to assess whether the proposals are consistent with the
development plan strategy and policies.
Strategic Objectives
7.14 The proposed development is fully compliant with the strategic objectives of the UDP
and will deliver a number of material planning benefits. These include:
Support and continue the development of a key strategic regeneration site in the
Borough;
Will deliver approximately full and part time jobs.
Will be sustainably located and accessible by a variety of non-car modes as is
evidenced by the Transport Assessment.
Deliver indirect economic benefits to the local economy
Increase the attractiveness of the adjoining development plot and thereby
substantially increase the prospects of the next phase of development coming
forward in the near future (by others).
7.15 In the circumstances it can be concluded that the proposed development is entirely
consistent with the strategic objectives of the UDP.
Site Allocation
7.16 As explained at Section 5, the application site forms part of the Ashton Moss Strategic
Employment Site as defined on the proposals map of the Tameside UDP (2004). Policy
E1 (1) relates and states that 58 hectares of land are safeguarded for B1 (c) light
industry, B2 general industry and B8 storage and distribution, along with C1 hotel and
D2 assembly and leisure development (including food and drink uses) to the east of the
M60 and south of the line of the Ashton Northern By-pass.
7.17 The sites allocation within the UDP reflects the provisions of the 1999 outline planning
permission granted (97/P/1110/OL) and the subsequent approvals which have granted
consent for the erection over 18,125 sq. metres of leisure and entertainment floor space,
together with restaurants and a hotel within the ‘Leisure Zone’ at Ashton Moss.
7.18 The proposed amenity restaurant satisfies the objectives of Policy E1 (1) of the UDP to
secure regeneration through an appropriate mix of land uses on the application site. The
proposed development is, therefore, considered to be wholly acceptable in principle.
This view was confirmed by Senior Development Control Officers during pre-application
discussions in March 2014
Economic Growth
7.19 Possibly the highest priority within national planning policy at the present time is the
promotion of sustainable economic growth.
7.20 The Framework talks in terms of “proactively driving and supporting economic growth”,
“creating jobs and prosperity”, “proactively meeting the development needs of business”
and attaching “significant weight” to need for economic growth in the decision making
process.
7.21 The fact that the Government has taken the unusual step of stipulating the weight which
decision makers are required to attach to the need for economic growth, reflects its very
high degree of importance.
7.22 The proposed amenity restaurant would make a positive contribution to the local
economy. The development would generate in the region of 75 jobs, at least a third of
which would be full-time (FTE of 59).
7.23 There will be a clear focus on training and staff development which enhances the local
skills pool. In addition to this, the amenity restaurant would appoint local suppliers,
where possible, to service operational requirements thereby benefiting the wider local
economy.
7.24 This meets the Framework objective of building a strong, competitive economy,
specifically paragraph 18 which refers to the Government’s commitment to secure
economic growth in order to create jobs and prosperity. Paragraph 19 also places
significant weight on the need to support economic growth through the planning system.
Retail and Leisure Policies
7.25 The NPPF advises that proposals for main town centre uses which are not within an
existing centre and which would not be in accordance with an up to date development
plan are required to demonstrate that there are no sequentially preferable sites
available.
7.26 The application site is specifically identified as a strategic employment site (including
food and drink uses) in the adopted UDP (Policy E1(1)). As described at paragraph 7.5
of this Planning Statement, the relevant saved policies of the UDP are up-to-date and
the development proposal accords with the development plan. As a result, it is not
necessary to apply the sequential approach to the proposed development (Use Class
A3/A4).
7.27 The scale of the proposed amenity restaurant (1,163sqm) is below the threshold of
2,500 sq. m set out at paragraph 26 of the Framework. No local floorspace threshold is
contained within the emerging Core Strategy or in the adopted UDP. As such, an
impact assessment is not required to support the application. This position was agreed
Conclusions
7.28 It has been shown that the saved policies of the Tameside UDP relevant to the
proposed development are up-to-date and are consistent with the Framework.
7.29 The proposed development is consistent with the strategic objectives of the Tameside
UDP and the Framework, which support sustainable economic development. The
proposed development satisfies the objectives of Policy E1 (1) of the UDP to secure
regeneration through an appropriate mix of land uses on this site.
7.30 In the circumstances, the statutory presumption in favour of planning permission being
granted is activated and, in accordance with the provisions of Paragraph 14 of the
Framework, planning permission should be granted without delay, unless material
considerations indicate otherwise.
8. Technical Considerations
8.1 Having established the acceptability of the proposed development in principle, this
section of the Planning Statement summarises the technical considerations of the
proposed development and their accordance with national and local planning policies as
described at Section 5.
High Quality and Inclusive Design
8.2 High quality and inclusive design is emphasised in the Framework at paragraph 17
which seeks to secure high quality design and a good standard of amenity for all
existing and future occupants of land and buildings. Paragraphs 56 to 68 inclusive of
the Framework sets out the Government’s approach to achieving good design, which is
a key aspect of sustainable development.
8.3 Policy E1(1) of the UDP establishes that particular attention should be given to the
design of external buildings, external areas and landscaping at Ashton Moss. To
address this requirement, the Design and Access Statement (provided as part of the
application submission) confirms the rationale for the layout, scale and appearance of
the proposed amenity restaurant and demonstrates how it relates to the existing Leisure
Park and the surrounding context in an appropriate manner, without materially affecting
neighbouring properties or land uses.
8.4 The site forms part of an existing Leisure Park with existing transport infrastructure. The
location of the proposed development is in accordance with paragraph 24 of the
Framework, which supports developments at accessible sites.
Sustainability
8.5 Paragraph 96 of the Framework states that new development should take account of
landform, layout, building orientation, massing and landscaping to minimise energy
consumption. Policy U5 of the UDP also supports the principle of sustainable
development encouraging use of previously developed land in the most efficient way,
conserving natural resources and minimising the use of energy.
8.6 The applicant has a proactive approach to sustainability and the proposed amenity
restaurant aims to minimise the use of natural resources, maximise efficiency and adopt
best practice sustainable design and construction methods in redeveloping the
application site.
8.7 The Framework clearly sets out that, when setting any local requirement for a building’s
sustainability, local authorities should do so in a way which is consistent with the
Government’s zero carbon buildings policy and adopt nationally described standards.
8.8 In response to these national and emerging local sustainability objectives, the applicant
proposes to incorporate a range of measures at Ashton Moss to achieve sustainable
development which would be further developed during detailed design specification and
construction. Examples of this include sustainable waste management techniques
including, recycling of construction waste, using recycled or secondary aggregates
where possible and diverting food waste away from landfills via food waste segregation
and recycling facilities.
8.9 In the circumstances it can be concluded that the application complies with the
requirements of the Framework and Policy U5 of the UDP
Geo-Environmental
8.10 A Phase 1 Ground Investigation of the site have been undertaken by JNP to ascertain
whether there is a potential contamination risk associated with the proposed
development of the application site.
8.11 The investigation confirms that organic contamination and asbestos containing materials
(ACM’s) has been recorded within the made ground materials (soils) on site. As a result,
the site requires a remediation. The remediation strategy considers that the reduction in
the contamination source across the proposed soft landscaping areas followed by the
placement of inert materials (clean cover) will be the most appropriate form of
remediation to facilitate the commercial end use. The hardstanding and building areas
do not pose a future risk and the ground does not require remediation. Further detail is
provided in the Ground Investigation Report and the Remediation Strategy included as
part of the planning application.
8.12 In accordance with policy MW11 of the UDP and paragraph 109 of the Framework,
remediation strategies are proposed in the report and will be implemented during the
construction of the proposed development. The remediation strategy includes a clean
cover system where soft landscaping is proposed. The cover will be a minimum of
600mm thick and incorporate a ‘no dig’ layer to prevent the future site workers from
coming into contact within the contaminated soils.
Sustainable Transport
8.13 In accordance with paragraphs 29 to 35 of the Framework and UDP Policy T14, a
Transport Assessment has been undertaken to support the planning application. The
results of the Transport Assessment conclude that the site is in a sustainable location
with good public transport accessibility, footways and cycleways, and there will be no
significant traffic generation as a result of the proposed development. The level of traffic
generation will be relatively limited and can easily be absorbed by the existing highway
network.
8.14 A draft Travel Plan has been prepared to encourage employees and customers to travel
to the restaurant by modes of transport that have less environmental impact than the
car. The location of the restaurant to existing public transport network and footways and
cycleways means there are opportunities for employees and customers to travel to and
from the restaurant by other modes than the car. The Travel Plan will be finalised by the
Manager of the restaurant and will contain and annual programme of measures to
achieve less reliance on car use.
8.15 The proposed development includes the provision of 94 parking spaces including 5
disabled spaces and the provision of cycle hoops for six bicycles (with a further
provision for 16 bicycle spaces for staff). The parking provision is in accordance with
UDP policy T1, which widens the choice of transport to reduce reliance on cars. The
parking provision also exceeds the minimum standards set out in policy T10 of the UDP.
8.16 Further detail on transport is provided in the Transport Statement and Travel Plan
included as part of the planning application.
Developer Contributions
8.17 The applicant has had due regard to the provisions of the Council’s Developer
Contributions SPD. In this regard, it is important to note that a significant financial
contribution was made to help fund the construction of Lord Sheldon Way as part of the
outline planning permission.
8.18 In light of the contributions that have already been made at Ashton Moss, no further
financial contributions are required to support the proposed amenity restaurant
development. This position was agreed with officers during pre-application discussions.
Summary
8.19 The development proposals have been assessed against the various relevant chapters
of Framework (paragraphs 18 – 219), the adopted Core Strategy, the Draft Tameside
Core Strategy and other relevant material considerations.
8.20 The summary review presented above demonstrates that the proposed development is
fully compliant with prevailing planning policy and that there are no material
considerations which would justify the withholding of planning permission.
9. Conclusion
9.1 This Planning Statement has been prepared on behalf of Muse Developments in
support of a full planning application for the erection of an amenity restaurant (Use
Class A3/A4) and associated access, car parking and landscaping works on a vacant
development site at Ashton Moss.
9.2 Ashton Moss has been the focus of much development over the past 15 years. The
majority of the Leisure Park has been developed and comprises a hotel, entertainment
and leisure facilities and food and drink uses.
9.3 The proposed development of an amenity restaurant will be in-keeping with the current
use and character of Ashton Moss and will contribute to the on-going regeneration of the
area.
9.4 In terms of planning policy compliance and key benefits to which significant weight can
be attached, the proposed development:
Is entirely in accordance with the provisions of the UDP and emerging Core
Strategy.
Accords with the provisions of the Framework and the Government’s priority of
stimulating economic growth.
Will bring a vacant site into active and beneficial use with the development a new
amenity restaurant of a high architectural quality.
There will be no significant adverse effects from the development.
Will deliver significant socio-economic benefits to the local area specifically in
terms of creating significant job opportunities for local people.
9.5 Overall, the proposed scheme represents sustainable development which is fully
consistent with the policies of the Framework and the relevant policies of the adopted
development plan.
9.6 In accordance with paragraphs 14 and 197 of the Framework, the presumption in favour
of granting planning permission applies and planning permission should, therefore, be
granted without delay.
Turley
1 New York Street
Manchester
M1 4HD
T 0161 233 7676