Chapter 19 - Development Control Criteria

Introduction

19.1 The Policies and Proposals contained in the preceding Chapters of this Plan provide the broad land-use planning framework within which the basic acceptability of proposals for the use and development of land in Trafford will be judged by the Council. In considering and determining planning applications for such new development proposals there are however many matters of detail that will also need to be taken into account in the interests of the proper planning and development of the area.

19.2 This Chapter sets down the basic matters to which the Council will have regard when determining all planning applications submitted to it. The first, Proposal D1, sets down the general considerations all development proposals must satisfy to gain acceptance from the Borough Council. The subsequent Proposals amplify parts of this general guidance where appropriate for defined types of development.

Non - Statutory Supplementary Planning Guidance

19.3 Over the years, the Council has drawn up a number of items of supplementary planning guidance covering a wide range of topics. These documents supplement the Policies and Proposals of the UDP and are intended to provide detailed advice on particular areas or types of development for the assistance of prospective developers. They do not form part of the statutory development plan (i.e. the UDP) and do not have the special status accorded to Policies and Proposals of the development plan under section 54A of the Town and Country Planning Act 1990. However, they may be taken into account as material considerations in deciding planning applications as advised by Planning Policy Guidance Note 12 (PPG12) published by the Department of the Environment, Transport and the Regions.

19.4 As a general rule, supplementary planning guidance is drawn up by the Council using the following three-stage procedure: -

  1. Consideration and approval by the Council of draft guidelines for public consultation purposes;
  2. Publication of approved draft guidelines for consultation and comment by appropriate local and other representative organizations and individuals;
  3. Consideration of public responses and approval by Council of appropriately amended guidelines.

19.5 The current list of Planning Guidelines is as follows:

Housing

Conservation Areas and Historic Buildings

Commerce and Industry

  1. Hot Food Take-away Shops
  2. Advertisements
  3. Shop fronts
  4. Advertisements at the Trafford Centre
  5. Car boot sales
  6. Industrial Development
  7. Noise Standards
  8. Fencing
  9. Service uses in Trafford Park

Miscellaneous

  1. Car Parking Standards
  2. Satellite Dishes
  3. Day Nurseries and Playgroups

19.6 From time to time the Council may add to this list using the established procedures for publication and public consultation outlined above.

19.7 A comprehensive list of topics currently covered by supplementary planning guidance will always be available from the Economic and Community Regeneration Directorate.

Part II Proposal D1 – All New Development

The Council will seek to ensure that all new developments are of a high standard of design and layout and will grant planning permission for development proposals that do not conflict with other Policies or Proposals of this Plan, and: -

  1. Are compatible with the character of the surrounding area and do not prejudice the amenity of the occupiers of adjacent property by reason of overshadowing, overlooking, visual intrusion, noise and disturbance, odour or in any other way;
  2. Do not suffer themselves from a poor level of amenity due to the nature of existing surrounding land uses;
  3. Do not adversely affect the street scene by reason of scale, height, layout, elevational treatment or materials used;
  4. Where appropriate, provide good quality hard and soft landscaping as an integral part of the development scheme, and retain existing landscape features such as trees;
  5. Do not generate so much traffic as to prejudice the free and safe movement of traffic on surrounding roads, or have an adverse effect on neighbouring uses;
  6. Incorporate vehicular access and egress which is satisfactorily located and laid out having regard to the need for highway safety and the amount of traffic likely to be generated by the proposed development;
  7. Provide sufficient off street car parking, manoeuvring and operational space;
  8. Provide, where appropriate, for the needs of public transport and cyclists;
  9. Where appropriate (in workplaces and buildings to which the public has access), provide suitable access for people with disabilities;
  10. Take account of the needs of crime prevention and community safety in their site layout, building and perimeter design detailing;
  11. Are (a) served by satisfactory arrangements for the disposal of foul sewage effluent into a system with sufficient capacity to deal with the likely level of discharge, (b) do not give rise to substantial changes in the quantity and/or quality of surface water run-off without incorporating appropriate measures for dealing with such changes, (c) do not pose an unacceptable risk to the capacity or flow of groundwater or surface water systems; and (d) have access to an adequate water supply to serve the development, without detriment to existing water abstractions, water quality, fisheries, amenity or nature conservation;
  12. Do not involve a significant risk to the proposed development through landfill gas or that, where such risk arises, adequate precautionary measures are taken to ensure the long term safety of the development and its occupiers.

Justification

1. The Council wishes to ensure that the Borough's environment is protected and, where possible, improved and that also, where possible, all new development enhances the character of the area in which it is located.

2. The attractiveness of any development depends greatly on the appearance of the surrounding space. Good landscape schemes are therefore important for all new development. Existing valuable landscape features, such as walls and trees, should normally be retained as part of any proposed landscaping scheme.

3. Inadequate access/egress, vehicle manoeuvring and parking space provision can adversely affect the quality and attractiveness of a development and the amenity and environment of surrounding areas, and the safety and convenience of other highway users. Proper provision for vehicles requiring access to all new development sites is therefore desirable.

4. The Council is obliged, under The Crime and Disorder Act 1998, to consider the crime and disorder implications of all planning applications. Crime and security issues may be material considerations in determining applications. Developers are advised to consult the Architectural Liaison Unit of Greater Manchester Police for specific crime prevention advice. The Council will prepare Supplementary Planning Guidance to advise developers further in this regard.

5.Proper arrangements for dealing with waste-water and surface-water run-off are important considerations when planning new development. Sustainable Urban Drainage Systems(SUDS) use techniques to control surface water run-off as close to its origin as possible, before it enters a watercourse, and have an important role in the control of surface-water runoff in river catchments, thereby assisting in managing and reducing flood risk. The Statutory Undertaker may not adopt sewers draining to SUDS structures unless maintenance and other legal issues are resolved. The most up to date development advice available is contained within Planning Policy Guidance Note 25 – 'Development and Flood Risk' published in July 2001.

Part II Proposal D2 – Vehicle Parking

All new development should provide sufficient off street space to accommodate all vehicles likely to be attracted to or generated by a proposed development, having regard to the type and scale of development and its location. The area(s) provided should: -

  1. Be within or conveniently close to the development site;
  2. Be laid out in such a way that each parking space is capable of functioning without interference with the use of any other space;
  3. Have sufficient manoeuvring and standing space for the maximum number and size of vehicles likely to be required at any one time for the operational needs of the development, including space for delivering and collection of goods and/or the picking up or setting down of passengers, where applicable;
  4. Allow for all vehicles to enter and leave the site safely in a forward gear;
  5. Where appropriate, make adequate provision for people with disabilities;
  6. Have regard in their layout and design to the safety and security of users;
  7. Be adequately landscaped.

The vehicle parking standards of the Council are contained in Appendix J. The Council will be flexible in applying these standards in the following circumstances: -

  1. Where a reduction in provision is necessary to allow other important planning objectives to be achieved;
  2. Where there are several uses in one development which are not likely to have their maximum parking demand simultaneously;
  3. Where, in the case of changes of use and alterations, an existing parking deficiency cannot be wholly rectified but is greatly improved;
  4. Where the likely on-street parking resulting from a reduced parking provision would occur only infrequently or for a short time and would not unduly affect amenity or highway safety or convenience;
  5. Where the development is likely to be occupied or used by persons with a lower than average car ownership and where the situation is likely to continue for the life of the building;
  6. Where an existing or comparable use or development has demonstrated that less than the full parking standard is adequate and where this situation is likely to continue for the life of the development;
  7. Where the development, within a town centre, is of a minor nature and :-

Justification

1. Whilst the Council accepts that the full manoeuvring and servicing requirement may not always be appropriate for small developments such as a single dwelling house, adequate off-street vehicle parking and operational space is normally necessary to minimize the dangers to public and highway safety and the loss of amenity and convenience that can be caused by on-street parking, manoeuvring or servicing.

2. The Car Parking Standards set out in Appendix J give guidance to developers on the amount of parking that will normally be expected for different types of development. The Proposal indicates that the car parking standards will be applied flexibly in appropriate cases.

3. The car parking standards have already been reviewed in the light of Planning Policy Guidance Note PPG13 - Transport but a further comprehensive review is to be undertaken to consider whether any further amendments should be made to meet the aims of the Policy Guidance Note and incorporated into the UDP by way of Review.

Part II Proposal D3 – Residential Development

In determining whether proposals for new residential development are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. The extent to which the proposal makes efficient use of land, taking account of the density of development and its location;
  2. The quality of the design and layout proposed for the development, including the amount of space around buildings and the proportion of the site occupied by buildings and hard surfacing;
  3. The quality of the environment created for occupiers of the proposed development, including daylight and sunlight requirements and privacy;
  4. The effects of the development on the amenity of neighbouring properties, including any unacceptable disturbance that may result through a party wall;
  5. The extent to which the design takes account of the security interests of residents of the development;
  6. The proposed provision for the storage and collection of refuse from individual properties, and,
  7. Any contribution made by existing buildings on the site to the provision of affordable housing in the locality, taking account of the long-term benefits of redevelopment at higher densities and of any new affordable housing which might be provided under Proposal H8.

In relation to criterion (i) above, the Council will expect developments to achieve a net residential density of 30-50 dwellings per hectare, with greater intensity of development at places with good existing or planned public transport accessibility and other community facilities. Density considerations will be assessed in the context of the design of the development and the character of the locality.

Justification

1. The Council is committed to the implementation of Planning Policy Guidance note 3 (Housing), Regional Planning Guidance for the North West and Trafford's Community Strategy, one theme of which is sustainable neighbourhoods including environment and housing.

2. Proposals for new residential development will be assessed in a balanced manner, including consideration of their benefits in terms of better use of urban land and costs in terms of adverse effects on the local environment. Such an assessment will be important in securing urban regeneration, maintaining and enhancing the character, quality and amenity of established residential areas, and enabling the Council to meet its duty of wellbeing under the Local Government Act 2000.

3. The term 'affordable housing', as used in criterion (vii) of the Proposal, has the same meaning as in Proposal H8, Appendix L and the Trafford Housing Needs Survey. This is 'low cost market and subsidised housing (irrespective of tenure, ownership, type of occupation or financial arrangements) available to people who cannot afford to rent or buy houses generally available on the open market.'

4. The Council has produced Planning Guidelines for New Residential Development to give further guidance to prospective developers. This guidance encourages good design in order to secure higher density development whilst maintaining and enhancing environmental quality.

Part II Proposal D4 – Industrial Development

In considering whether proposals for industrial development are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. The quality of the design of the buildings and their relationship to the adjoining buildings, particularly in terms of colour and type of materials, proportion, fenestration and architectural detail;
  2. The appearance of external plant and storage areas and the need for screening of these where appropriate;
  3. The impact of security features on the appearance of the development; for example the impact of industrial fencing will need to be carefully considered;
  4. The need to incorporate landscaping as an integral part of the site layout;
  5. The provision of adequate space for service vehicles to wait, load and unload;
  6. The provision of satisfactory access to the site for industrial vehicles allowing them to enter and exit the site in a forward gear.

Justification

1. These provisions are necessary in the interests of a satisfactory environment for people working or living within or adjoining an industrial area, to ensure that these areas remain attractive to investors and to ensure satisfactory highway conditions.

2. The Council has produced Planning Guidelines for Industrial Development to give further guidance to prospective developers.

Part II Proposal D5 – Special Health and Safety Development Control Sub-areas

Within the special development control sub areas identified on the Proposals Map, the Council will normally permit development where it is satisfied that such proposals can be satisfactorily accommodated without significant risk to the prospective occupants and users of that development.

In considering such development in these areas the Council will assess proposals taking account of the following factors: -

  1. The number of people employed or likely to be present on the site;
  2. Whether those employed or present on the site are likely to be indoors or out of doors for the majority of their time on the site;
  3. The location, scale and means of construction of the buildings on the site.

Justification

1. Trafford Park and Carrington both contain a significant number of industrial activities that handle hazardous substances. Whilst these activities are subject to stringent controls under Health and Safety legislation, the Council considers it prudent that careful assessment of all new development proposals in the vicinity of such installations is undertaken to ensure the safety of the prospective workforce or residents. In seeking to determine whether or not to grant planning permission for a proposed development the Council will consult the Health and Safety Executive to determine the risks to the proposed development and its occupants from the nearby hazardous installation.

2. The areas depicted on the Proposals Map are based upon information provided by the Health and Safety Executive.

Part II Proposal D6 – House Extensions

In determining whether proposals for house extensions are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. The location, scale and orientation of the development and its resulting impact on the amenity of adjoining property;
  2. The location and design of windows and their effect on the privacy of the adjoining properties;
  3. The compatibility of the design and the materials to be used with those of the existing property;
  4. The adequacy of the garage and off street car parking provision for the property as extended;
  5. The adequacy of private garden space remaining for the property as extended.

Justification

1. These provisions are necessary to safeguard the amenity of neighbours, the future occupiers of a property, the character of the area and highway safety and convenience. The Council has produced Planning Guidelines for House Extensions to give further guidance to those contemplating building an extension.

Part II Proposal D7 – Use of a Residential Property for Business Purposes

In determining whether proposals to use a residential property for business purposes are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. The proposed use should not adversely effect any separately occupied flat within the building or any dwelling sharing a party wall with the property;
  2. Residential areas which are particularly subject to pressure for non residential use will normally be considered for only the most low key business uses; any use which is likely to result in additional commercial pressure on the remaining residential properties will normally be unacceptable.

Justification

1. These provisions are necessary to safeguard the amenity of neighbours and the character of residential areas. The Council has produced Planning Guidelines - Use of Residential Property for Business Use to give further guidance to people contemplating starting this type of use.

Part II Proposal D8 – Day Nurseries and Playgroups

In determining whether applications for day nurseries and playgroups, including extensions to existing facilities, are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. The effects on neighbouring residents of the additional activity involved in children being delivered and collected;
  2. The effect on neighbouring residents of outdoor play activities having regard to the amount of space around the building, the number of children involved and the layout of the surroundings;
  3. The effects of activity within the building on any separate flat or other dwelling sharing a party wall with the premises;
  4. The adequacy of vehicular access and on site car parking provision and the effect of any likely on-street car parking.

Justification

1. These provisions are necessary to safeguard the amenity of neighbouring residents, the character of the area and highway safety and convenience. The Council has produced Planning Guidelines for Day Nurseries to give further guidance on how this Proposal will be applied in detail.

Part II Proposal D9 – Hot Food Take Away Shops

In determining whether proposals for hot food take-away shops are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. Any undue noise and disturbance likely to be caused to the occupiers of nearby residential properties from the comings and goings of customers having regard to the proposed opening hours and the proximity of residential uses to the development;
  2. Any nuisance likely to be caused to neighbouring residential properties due to smells;
  3. The visual impact of the proposal on the area;
  4. Any harm to highway safety or the free passage of public transport likely to be caused by customer and staff parking.

Justification

1. The activity associated with such uses can be disturbing to nearby residential occupiers, particularly if opening hours include late evenings or Sundays, when an area may be expected to be reasonably quiet by residents. Smells of cooking could also cause a nuisance particularly if proper filtration and ventilation equipment is not provided. However, care should be taken that external ventilation flues are not detrimental to visual amenity.

2. The blockage of bus stops and lay bys by vehicles attracted to take away food shops can be detrimental to highway safety and the free passage of public transport vehicles.

3. The Council has produced Planning Guidelines for Hot Food Take-away Shops to give further guidance to prospective developers.

Part II Proposal D10 – Advertisements

In considering proposals for advertisements the Council, will have regard particularly to the following: -

  1. Whether the proposal would be unduly obtrusive by reason of its size, height or long range of visibility;
  2. Whether the proposal will be seen mainly from or against the background of open land or residential property;
  3. Whether the proposal would have an excessive level of illumination having regard to the nature of the surroundings;
  4. Whether the proposal together with any other advertisements on the property would constitute visual clutter;
  5. Whether the proposal would harm the appearance of the building on which it is proposed, for example by obscuring architectural features or by linking buildings of different character;
  6. Whether the proposal would be visually harmful to the street-scene or the character of the area, or have any other effect on amenity;
  7. Whether the proposal would have any harmful effect on public safety.

Justification

1. The Council is legally required to have regard to the interests of amenity and public safety when considering proposals for advertisements. This Proposal gives effect to that requirement.

2. The Council has produced supplementary planningguidance for Advertisements, and Advertisements at the Trafford Centre,togive further guidance to prospective advertisers.

Part II Proposal D11 – Renewable Energy

In determining whether applications for renewable energy developments are satisfactory within the terms of Proposal D1, the Council will have regard to the following: -

  1. Whether the proposal would be unduly obtrusive, having regard to its size, height or long-range visibility;
  2. Whether the process involved would be such as to cause undue loss of amenity to any nearby residents by reason of noise, smell, air pollution, or in any other way;
  3. Whether the proposal would have a significant adverse effect on the character of the area or its intended land use as identified in this Plan;
  4. In the case of proposals involving waste incineration, whether the criteria in Proposal WD5 are complied with.

Justification

1. These provisions are necessary to safeguard the environment, amenity and character of the Borough. The various criteria are drawn from the advice contained within Planning Policy Guidance Note PPG22 - Renewable Energy.

Part II Proposal D12 – Telecommunications Development

In determining whether proposals for telecommunications development are satisfactory within the terms of Proposal D1, the Council will have particularregard to the following: -

  1. The effects of the proposal on visual amenity;
  2. The special consideration necessary in the case of developments on or affecting the setting of a listed building, developments in a Conservation Area and developments in the countryside;
  3. The extent to which the development has been sited and designed so as to minimize its visual impact;
  4. The need for the development;
  5. Whether satisfactory alternative sites are available;
  6. Whether there is a reasonable possibility of sharing existing facilities;
  7. In the case of radio masts, whether there is a reasonable possibility of erecting antennas on an existing building or other structure;
  8. Whether the proposal is in accordance with current Government planning guidelines on the potential health effects arising from telecommunications developments

Justification

1. These provisions are necessary to safeguard the environment, amenity, character and wellbeing of residents in the Borough.

2. The various criteria are consistent with the advice contained in Planning Policy Guidance Note PPG8 – Telecommunications and with Government statements on the planning arrangements for determining telecommunications planning applications and applications for prior approval.

3. Current planning guidelines include the requirement that applications should provide a statement to the local planning authority affirming that the telecommunications apparatus, when operational, will meet ICNIRP (International Commission on Non-Ionising Radiation Protection) guidelines. There are further guidelines for sites near schools.

Part II Proposal D13 – Energy Considerations in New Development

The Council will seek and promote developments that maximise energy conservation and efficiency and the use of renewable energy, and minimise the emission of greenhouse gases.

Justification

1. Planning Policy Guidance note 12 (Development Plans) identifies energy conservation and the efficient use of energy as environmental considerations in the preparation of development plans. In addition, Policy ER13 of Regional Planning Guidance for the North West states that development plans should ensure that development minimises energy use and encourages the use of energy efficient technologies in major new development.

2. This proposal will enable the Council to consider the potential energy impacts of all new development within the Borough.

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