Item 4
Application Reference:
Location:
Proposal:
DC/061476
THE ARCHES, 1 WELLINGTON ROAD SOUTH,
STOCKPORT, SK4 1AA
Change of use from vacant nightclub and retail unit (Sui
Generis) to a 20 ensuite bedroom licensed HMO (Sui
Generis), alterations to elevations and erection of a
single storey extension.
Type of Application:
Full Planning Permission
Registration Date:
Expiry Date:
Case Officer:
11/04/2016
06/06/2016
Daniel Hewitt
Applicant:
Agent :
Gateclay Properties Development Ltd
4D Planning
COMMITTEE STATUS
Called up to Central Area Committee by Councillor Harding on 22 April 2016
DESCRIPTION OF DEVELOPMENT
This application seeks planning permission to change the use of a vacant
four-storey building, formerly used as a nightclub and retail unit, to a 20
bedroom house in multiple occupation (HMO). The development includes a
series of minor alterations to the building's elevations and the erection of a
single storey extension to provide a bin store at the stepped entrance to the
building on Daw Bank.
Accommodation would be spread over four floors and each bedroom would
benefit from its own en-suite bathroom and kitchenette facilities. Larger
communal bathroom, living, dining and kitchen faciltiies would also be
provided. Cycle parking and storage facilities would be provided in the
building's basement accessed from inside the building.
Elevational alterations are relatively minor and include:



the addition, reinstatement and alteration of window and door
openings;
amendments to rainwater and drainage pipes; and
the partial demolition of the stairway leading from Mersey Square up
to first floor level and the erection of a single storey bin store
extension in the existing yard area.
Access to the building is currently gained from Wellington Road South, Daw
Bank, Talbot Street and Mersey Square and that would remain the case.
SITE AND SURROUNDINGS
The application property comprises a split level detached building adjacent
to Mersey Square and the bus station. It is built into the side of Wellington
Bridge which carries Wellington Road South (A6). From Wellington Road
South it appears two storeys in scale with a hipped roof. From Talbot Street
and Daw Bank the full height of the building is revealed rising to 4 storeys
with a two storey rear outrigger and external staircase to the first floor of the
4 storey element. The building’s appearance comprises a slate roof with
brick and rendered elevations (on its lower half and to the Wellington Road
South elevation). The building has been vacant for a time and its former use
as a night club ceased approximately 10 years ago. The ground floor retail
unit facing to Talbot Street recently ceased trading and this too is now
vacant.
Land around the site is hard surfaced with a deep pavement facing Mersey
Square and highway access serving Talbot Street runs adjacent to the
building, which is a one way route into the bus station continuing under
Wellington Bridge.
The application site lies within the St. Peter’s Conservation Area and the
building was ‘locally listed’ in 1997. The building is described in the
Stockport Historic Environment Database as follows:
Public house recorded in 1830 which was probably constructed soon after
the completion of Wellington Bridge in 1824.
HISTORIC ASSET DESCRIPTION
Public House of brick which rises from Mersey Square with the principal
front of two storeys to Wellington Bridge. This is symmetrical, stuccoed, with
a central arched painted stone doorway with the sides treated as pilasters,
quoins and a hipped roof. Side elevations of four storeys have windows with
stone sills beneath flat heads of gauged brick. The left hand elevation to
Mersey Square has a loading door at first floor level and arched cellar
openings. The other side to Daw Bank has a central doorway with an arched
entrance and a stone string course. Attached range to the rear with tie
plates may have been a coach house or other ancillary accommodation.
The building is recorded as having operated as two separate establishments
on the two different levels. It had a coach house and there were stables
within an arch of the bridge. Infilled arched openings to the bridge on the
Daw Bank side may relate to use by the pub.
The site is adjacent to the following listed buildings and structures:


Wellington Bridge (Grade II)
Plaza Cinema (Grade II*)

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Steps adjacent to Plaza Cinema (Grade II)
Wellington Mill (Grade II)
POLICY BACKGROUND
Saved Policies of the adopted Stockport Unitary Development Plan Review
(UDP)
CDH1.4 Houses in Multiple Occupation
TCG2.1 Central Shopping Area
HC1.3 Special Control of Development in Conservation Areas
HC1.4 New Uses For Buildings In Conservation Areas
MW1.5 Control of Waste from Development
EP1.10 Aircraft Noise
Stockport Core Strategy DPD
SIE-1 Quality Places
SIE-2 Provision of Recreation and Amenity Open Space in New
Development
SIE-3 Protecting Safeguarding and Enhancing the Environment
CS2 Housing Provision
CS3 Mix Of Housing
CS4 Distribution Of Housing
CS9 ‘Transport and Development
T-1 Transport and Development
T-2 Parking in Developments
T-3 Safety and Capacity on the Highway Network
H-1 Design Of Residential Development
H-2 Housing Phasing
H-3 Affordable Housing
Supplementary Planning Documents and Guidance
Design of Residential Development Supplementary Planning Document
Recreational Open Space and Commuted Payment Supplementary
Planning Guidance
Town Centre Housing Supplementary Planning Document
Sustainable Transport Supplementary Planning Document
National Planning Policy Framework (NPPF)
PLANNING HISTORY
Planning Application No: DC/058692
Address: THE ARCHES, 1 WELLINGTON ROAD SOUTH, STOCKPORT,
SK4 1AA
App Type: Full Planning Permission
Proposal: Change of use from vacant nightclub and retail unit (Sui Generis)
to 11 residential units (C3) with associated external alterations
Final Decision: Grant
Decision Date: 26/05/2016
Planning Application No: J/47427
Address: "Ups and Downs", Mersey Square/Daw Bank, Stockport.
App Type: 74 - 99 Application
Proposal: Erection of offices (Outline Application).
Final Decision: Refuse
Decision Date: 26/02/1990
Planning Application No: J/38063 J/38063
Address: The Ups N Downs, Mersey Square, Stockport.
App Type: 74 - 99 Application
Proposal: New canopy over entrance..
Final Decision: Grant
Decision Date: 05/01/1987
Planning Application No: J/38063 J/38063
Address: The Ups N Downs, Mersey Square, Stockport.
App Type: 74 - 99 Application
Proposal: New canopy over entrance..
Final Decision: Grant
Decision Date: 05/01/1987
Planning Application No: J/37697
Address: The Ups N Downs, Mersey Square, Stockport.
App Type: Advertisement
Proposal: Individual letters fixed to wall (static illumination)...
Final Decision: Grant
Decision Date: 05/01/1987
Planning Application No: J/31842
Address: The Wellington Boot, Wellington Road, Stockport.
App Type: Advertisement
Proposal: Proposed non illuminated sign..
Final Decision: Grant
Decision Date: 03/09/1984
Planning Application No: J/18903
Address: 1 Wellington Road South, Mersey Square, Stockport.
App Type: 74 - 99 Application
Proposal: Change of use of ground floor premises to Luxury Amusement
Centre.
Final Decision: Grant
Decision Date: 06/03/1980
Planning Application No: J/12479
Address: Daw Bank, Swain Street, Chestergate and Mersey Square,
Stockport.
App Type: 74 - 99 Application
Proposal: Bus station and ancillary facilities.
Final Decision: Grant
Decision Date: 20/07/1978
Planning Application No: J/8523
Address: The Wellington Hotel, Mersey Square, Dawbank, Stockport.
App Type: 74 - 99 Application
Proposal: Licensee's flats, club and pub..
Final Decision: Grant
Decision Date: 05/04/1977
NEIGHBOURS VIEWS
12 neighbour notification letters were sent on 18 April 2016.
Site notices were posted immediately adjacent to the site on 27th April 2016.
A notice was published in the Stockport Express on 04 May 2016.
No comments or representations have been received.
CONSULTEE RESPONSES
SMBC Highways Engineer - With reference to the submitted revised
drawings, I note that they now show the provision of cycle parking for 21
cycles, together with a refuse store for 8 Eurobins which I understand will
meet the requirements of the Council's Waste Team. As such, I raise no
objection subject to this application, subject to conditions as follows:
Conditions
No development shall take place until a method statement detailing how the
development will be serviced (with particular regards to refuse collection)
has been submitted to and approved in writing by the Local Planning
Authority. The method statement shall outline where service vehicles will
load / unload and how refuse collection will be managed. The development
shall only be serviced in accordance with the approved method statement.
Reason: To ensure that the development is serviced in a safe manner,
having regard to Policies SIE-1 ‘Quality Places’ and T-3 ‘Safety and
Capacity on the Highway Network’ of the Stockport Core Strategy DPD.
The development shall not be occupied until cycle parking facilities has been
provided in accordance with drawing WRS09P Rev C. The cycle parking
facilities shall then be retained and shall remain available for use at all times
thereafter.
Reason: To ensure that safe and practical cycle parking facilities are
provided so as to ensure that the site is fully accessible by all modes of
transport in accordance with Policies CS9 ‘Transport and Development’, T-1
‘Transport and Development’ and T-3 ‘Safety and Capacity on the Highway
Network’ of the Stockport Core Strategy DPD and the cycle parking facilities
are appropriately designed and located in accordance with Policies SIE-1
‘Quality Places’ and T-3 ‘Safety and Capacity on the Highway Network’ of
the Stockport Core Strategy DPD, supported by paragraph 5.6, ‘Cycle
Parking’, of the SMBC Transport and Highways in Residential Areas SPD.
No development shall take place until a method statement detailing how the
development will be constructed has been submitted to and approved in
writing by the Local Planning Authority. The method statement shall include
details on access arrangements, turning / manoeuvring facilities, deliveries,
vehicle routing, traffic management, signage, hoardings, scaffolding, where
materials will be loaded, unloaded and stored, parking arrangements and
mud prevention measures. Development of the site shall not proceed
except in accordance with the approved method statement.
Reason: To ensure that the approved development is constructed in a safe
way and in a manner that will minimise disruption during construction, in
accordance with Policy T-3 ‘Safety and Capacity on the Highway Network’ of
the Stockport Core Strategy DPD.
All ground floor doors and windows on the side of the approved building
fronting and abutting the highway shall be constructed to open into the
building only and not out into the highway.
Reason: To ensure that the development does not adversely affect use of
the adjacent highway, notably by pedestrians, in accordance with Policies
SIE-1 ‘Quality Places’ and T-3 ‘Safety and Capacity on the Highway
Network’ of the Stockport Core Strategy DPD.
No development shall take place until a drawing outlining proposals to widen
the existing pedestrian access to the rear hardstanding area so as to ensure
that the access route to the refuse store indicated on drawing WRS08P Rev
C is of sufficient width for Eurobins has been submitted to and approved in
writing by the Local Planning Authority. The approved development shall
not be occupied until the access has been widened in accordance with the
approved drawing.
Reason: To ensure that the development is serviced in a safe manner,
having regard to Policies SIE-1 ‘Quality Places’ and T-3 ‘Safety and
Capacity on the Highway Network’ of the Stockport Core Strategy DPD.
Informatives
Conditions of this planning consent require the submission of detailed
drawings / additional information. Advice on the discharge of highways
related planning conditions is available within the ‘Highways and Transport
Advice’ section of the planning pages of the Council’s web-site
(www.stockport.gov.uk). The applicant is advised to study this advice prior
to preparing and submitting detailed drawings / the required additional
information.
A condition of this planning consent requires the submission of a
Construction Method Statement. In order to ensure that the statement
includes all the required information the applicant / developer is advised to
use the Council’s template Construction Method Statement. This can be
obtained from the ‘Highways and Transport Advice’ section within the
planning pages of the Council’s web-site (www.stockport.gov.uk).
The applicant / developer should note that, in accordance with the Council's
current Town Centre Parking Policy, occupiers of the approved apartments
will not be eligible for a resident's car parking permit. The applicant /
developer is therefore advised to make potential occupiers of the
apartments aware of the issue.
SMBC Waste Management - Initially stated that the proposed development
incorporated inadequate refuse and recycling storage facilities but following
negotiations and subsequent amendments to increase provision now has no
in principle objection.
SMBC Environmental Health Officer - I have assessed the above
application and I do not object to the proposed development in principle
however the applicant has not made any assessment of the noise from road,
rail or aircraft and for me to assess the internal noise levels we will need
some details.
Condition 1
No development shall commence until a report is undertaken by a suitably
qualified person to address the impact of noise on the dwelling. This shall
be carried out in accordance with BS8233-2014 that has first been
submitted to and approved in writing by the Local Planning Authority and
any mitigation measures recommended in the approved report shall be
carried out before the development is first occupied.
Reason
To ensure that noise pollution is kept to an acceptable level in accordance
with Policies SIE-1 "Quality Places" and SIE-3 "Protecting, Safeguarding
and Enhancing the Environment" of the adopted Stockport Core Strategy
DPD.
Condition 2
Internal acoustic insulation between residential properties i.e.
wall/floors/ceiling to be in line with building regulations approved document
E
Informative
Construction Hours
Monday-Friday 07.30-18.00
Saturday 8.00-12.30
Sunday/Bank holiday no noisy working audible beyond the boundary
No burning of waste materials on site
Historic England - Do not wish to comment and recommend that the
application be determined in accordance with national and local policy
guidance and on the basis of your specialist conservation advice.
SMBC Conservation Officer - No response to date although comments on
application DC/058692 were referred to given the similar nature and impact
of the proposals on heritage assets - those proposals were broadly
welcomed because it potentially provides a viable use for an important local
building in a poor condition. Conditions were recommended to ensure the
development of the site sensitively handles the special character and
appearance of the building and conservation area.
ANALYSIS
Principle of the proposed HMO use
Following the grant of planning permission for the conversion of the building
to 11 flats in May 2016 (planning permission ref: DC/058692), the principal
of residential use has recently been accepted despite the application site
being located within the Central Shopping Area as designated by Policy
TCG2.1 of the Stockport Unitary Development Plan Review. Whilst
residential development is not listed as an acceptable use in UDP Policy
TCG2.1, Core Strategy Policy CS4 states that up to 50% of the overall
housing provision in the plan period should be within the Central Housing
Area and Town Centre and that up 2000 dwellings should be provided in the
TCG2 and TCG3 policy areas. Policies CS2 and CS3 also make clear that a
balanced mix of new housing will be focused in accessible urban areas such
as the Town Centre and identifies these areas as being most suitable for
higher housing densities such as this. Policy CS4 emphasises the clear
benefits of this strategy as follows:
"New housing development will boost the Town Centre economy, making it
a vibrant place to be during the day and in the evening. It will improve the
built environment by regenerating vacant and under-used sites in and
around the centre, and provide homes in a location readily accessible to
jobs and services within Stockport and Manchester City Centre."
As a more recent development plan document, the Core Strategy should
take precedence where conflicts with the UDP arise.
Despite not being directly relevant in this case as the residential use
authorised by the recent planning permission has not yet been implemented,
it should be noted that UDP Policy CDH1.4 sets out a presumption in favour
of the conversion of dwellings to multiple occupation providing the proposal:
"(i) does not result in more than 2 houses in multiple occupation adjoining
(ii) does not result in a single dwelling having a house in multiple occupation
on both sides
(iii) does not create such a concentration of houses in multiple occupation in
a particular area or intensity of occupation of the property concerned that the
character of the area is adversely affected
(iv) includes useable rear gardens within the curtilage of at least 50m2
(v) includes suitably enclosed refuse storage areas at the rear of the
property
(vi) includes parking within the curtilage at the rate of 0.5 space per letting.
Where car parking is to be provided by hard paving of the area in front of the
dwelling, no less than 40% of that area should be landscaped to the
satisfaction of the Council
(vii) complies with Policy EP1.10 (aircraft noise)."
Five of the seven criteria could be satisfied with only criterion (iv) and (vi) not
being adequately addressed due to site specific constraints preventing the
provision of rear garden and car parking space on site. These minor
conflicts should be afforded no weight in decision making as the policy is not
directly relevant in this instance and for the reasons set out below in respect
of car parking and amenity space provision.
Overall, the principle of the proposed use is considered to accord with the
development plan. In addition, three of the Town Centre Housing SPD
objectives seek to create a good range of housing and diversify the tenure
balance, encourage the conversion and reuse of under occupied properties
for housing and help improve the take up and utilisation of vacant/derelict
land and buildings. It is considered that the re-use of the building would
introduce additional residential units within the town centre which in turn
would bring regeneration benefits and satisfy these objectives.
Impact of the development on heritage assets
As set out above the building in question is a locally listed heritage asset
occupying a prominent position in the St. Peter’s Conservation Area within
the setting of a series of listed buildings including the Grade II* Plaza
Cinema.
Sections 16 and 72 of the Planning (Listed Buildings and Conservation
Areas) Act 1990 place a statutory duty on local planning authorities to have
special regard and pay special attention to the desirability of preserving or
enhancing the settings of listed buildings and the character and appearance
of conservation areas. This duty is reinforced by development plan policies
HC1.3, HC1.4 and SIE-3, the latter applies similar requirements and tests to
development that affects non-designated heritage assets such as the locally
listed building in question.
Currently, the building is vacant, boarded-up, appears to have been poorly
maintained in recent years and as a result has a detrimental impact on the
character and appearance on the wider area. Whilst minimal interventions
are proposed to the building's external envelope, bringing the building back
into productive use after being vacant for a long period of time and
reinstating window and door openings will significantly enhance its overall
appearance and in turn enhance the character and appearance of the St.
Peter’s Conservation Area and the setting of nearby listed buildings and
structures. The minor changes to the external fabric of the building are not
significant and would not harm the significance of the building subject to the
imposition of conditions to ensure the materials and finished appearance of
the development are sympathetic to the host building.
Overall, it is considered that the impact of the development on affected
heritage assets is positive and that this should be given very significant
weight in decision making.
Amenity issues
Given the buildings back of pavement position on all sides future residents
will be vulnerable to elevated background noise levels generated by passing
traffic. The development will also be affected by noise from passing aircraft
and rail traffic. Environmental Health have raised no objection to the
proposed conversion subject to the submission, approval and
implementation of a noise assessment that will identify any necessary
mitigation measures. A condition is recommended accordingly to ensure
compliance with SIE-3 and EP1.10 and national planning policy and
guidance.
The recommendation from Environmental Health that a planning condition
be imposed requiring internal acoustic insulation to be provided in
accordance with Part E of the Building Regulations is not supported as such
a condition is not considered necessary as this would be required anyway
by a separate statutory control regime (Building Control). Also, statutory
planning controls do not extend to internal alterations to buildings (excluding
changes of use) unless they are nationally listed buildings.
As regards the provision of amenity space for residents, there is no useable,
available space around the building. There are many other examples
elsewhere within the Town Centre where conversion to residential use has
been undertaken in order to bring a redundant building back into beneficial
use, but where the building would not be able to provide amenity space for
residents. The lack of amenity space in this case must be balanced against
returning a long time vacant building back into productive use especially
having regard to its locally listed status and its impact on designated
heritage assets. These merits are considered to outweigh the requirement
to provide the minimum requirement in terms of amenity space set out in the
Council’s SPD “Design of Residential Development” Supplementary
Planning Document. Previously, commuted sums would have been sought
to fund the provision of new or enhanced open space off-site to ensure the
needs generated by the development were met, however, recent changes to
the national Planning Practice Guidance makes clear that commuted sums
should not be sought from developments of this scale.
The nearest existing residential buildings are the flat above the Chestergate
Tavern (No. 68 Chestergate) and the apartments within the Grade II listed
Wellington Mill. Both of which are of sufficient distance away to ensure
compliance with the Council's adopted separation distances.
Finally, it should be noted that all HMOs of this size require a licence from
the Council under the Housing Act 2004. The HMO will not be able to
operate unless the Council's Housing Standards Team are satisfied with the
standard of accommodation and a licence has been issued.
Highway safety, parking provision and traffic impacts
Given the site’s highly sustainable and tightly constrained Town Centre
location no off-street car parking is proposed. The lack of any car parking
provision is not considered a barrier to development in this location given its
close proximity to public transport, jobs, shops and other services - the site
has a 95/100 accessibility score. There is also scope to park on-street or in
nearby car parks should a car be required but it is acknowledged that costs
may be prohibitive. In order to help mitigate any adverse impacts and to
help promote sustainable transport modes secure cycle parking spaces
would be provided for each resident in the basement of the building. It
should be noted that following negotiations during the application process,
the Council's Highway Engineer now supports the proposals subject to the
imposition of conditions to avoid any adverse impacts on highway safety or
the free flow of traffic and to secure the delivery and retention of the secure
cycle parking now proposed.
Waste and recycling storage and collection
Following a period of negotiation that resulted in the enlargement of the
proposed bin store and the loss of a bedroom, the Council's Waste Manager
is now satisfied that the proposed provision of a bin store capable of
accommodating 8 Eurobins will meet the requirements of both future
residents and the Council who has a statutory duty to collect waste from
residential buildings. Subject to the imposition of an appropriate condition
that requires the formal submission, written approval and implementation of
a more refined waste management plan to ensure no adverse impacts on
the highway or practical obstacles to collection arise, the proposed
development will accord with UDP Policy MW1.5.
Overall conclusion
The proposed conversion of this vacant, locally listed building will return this
heritage asset back into productive use that will in turn enhance the
character and appearance of the building itself, the St. Peter's Conservation
Area and the setting of nearby nationally listed buildings. Importantly, the
proposed development will also help meet Stockport's housing needs in
accordance with the spatial strategy embodied in the Core Strategy.
Following revisions to the plans and through the imposition of conditions, it
has been demonstrated that the development will be able to successfully
function in this highly sustainable location without any adverse on amenity or
highway safety. The proposed development would be in accordance with
the development plan and the NPPF is clear that in these scenarios
development proposals should be approved without delay.
RECOMMENDATION
Grant planning permission subject to conditions.
CENTRAL STOCKPORT AREA COMMITTEE COMMENTS 14/7/16
The officer introduced the report. The applicant spoke in favour of the application. No one
spoke against.
Members debated the application raising concerns over the appearance of the building and
noting its construction in relation to Wellington Bridge. Committee resolved to defer the
application for a site visit by members of the Highways and Planning Regulation Committee
Visiting Team requesting that the proposal be considered having regard to the character and
appearance of the St. Peters Conservation Area.