Application Number Date of Appln Committee Date Ward · 2011-05-24 · Manchester City Council List No.14 Planning and Highways Committee 2 June 2011 Page 1 of 33 . Application Number

Manchester City Council List No.14 Planning and Highways Committee 2 June 2011

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Application Number 095911/FO/2011/N2

Date of Appln 31st Mar 2011

Committee Date 2 June 2011

Ward Bradford Ward

Proposal Constraints removal works and preparatory ground works in order to

prepare land for future development

Location Land Bounded By Ashton New Road/ Ashton Canal/ Wilson Street And Alan Turing Way, Openshaw, Manchester, M11 3BE,

Applicant Brookshaw Developments Ltd , C/o Agent

Agent Mrs Michelle Steel, Deloitte LLP, 5 New York Street, Manchester, M14JB

Description Site The application site is located in the Bradford Ward of East Manchester bordering Ancoats and Clayton Ward and is bounded to the north by Ashton New Road, to the north east by the Ashton Canal, to the south east by Clayton Lane, to the south by Wilson Street and to the west by Alan Turing Way. The area surrounding the site comprises a variety of uses with residential areas located along Clayton Lane, Wilson Street and just beyond Alan Turing Way. St Brigid’s Primary School located on Grey Mare Lane backs on to Alan Turing Way. There are a number of Industrial/commercial buildings located along the Ashton Canal, Clayton Lane and Wilson Street. Directly to the north of the application along Ashton New Road is the Eastlands Asda superstore and other retail outlets. The City of Manchester Stadium is located on the opposite (north-west) side of the Ashton New Road / Alan Turing Way Junction. The application site extends to an area of approximately 31.8 hectares and currently comprises a mixture of small occupied industrial units, the former OMG site works which have been partially demolished, with the remainder of the site to the east and west being a cleared unoccupied site of former industrial land. Land within the current site boundary consists of primarily built form and hard standing including the former CIBA chemical works, a small industrial estate including businesses related to scrap metal and recycling, tyre sales and repairs, manufacturing of windows, Taxi radio base and call centre, and other uses including the Mill Street Medical Centre. The application and supporting information indicates that the majority of the site was formerly occupied by the Clayton Aniline Chemical Works (CACW), which was demolished around 2006. Other historical land uses have included a chemical works, gasometer, an alkali works, a forge, a refuse/slag heap, railway sidings and other industrial works. The site has also historically been an area subject to both fireclay and coal mining with a number of fireclay and coal seams have been worked on site.

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The application information indicates that there are also records of 13 mine shafts on the site. A large part of the site has previously been subject to applications for remediation and redevelopment for residential purposes by Harrow Estates which were supported in principle but not progressed to full determination. Description of application The application relates to works proposed to remove above and below ground constraints in order to prepare the site for future redevelopment. The following works are proposed as part of the application: - The remediation and validation of contaminated soils and groundwater; - The grouting of mine workings and mineshafts; - The removal of below ground obstructions to varying depths; - The screening, processing and re-use of excavated materials; - The diversion of utilities including drainage; - Stopping up and closure of internal, currently public roads; and re-grading of the

site in order to form a development platform. As part of the initial phase of the development the site will be cleared of any remaining vegetation and any fly tipped material. All waste material is to be removed from the site for recycling / composting or disposal at an appropriately licensed waste handling facility. The treatment of materials on site are to be undertaken by a specialist remediation contractor. The application information indicates that this is likely to comprise off site treatment which would include stabilisation / solidification, bioremediation or soil washing, together with dewatering and off site groundwater treatment. The application information indicates the presence of mine workings and mineshafts on site. It is intended that these would be grouted with an on site grout batching plant to allow the grout to be mixed on site and pumped into the mine workings as required. It is indicated that this batching plant would be located at least 100m from the site boundary. The constituent elements of the grout (cement, pulverised fuel ash (PFA), and aggregate) would be stored close to the batching plant. The cement will be stored within a dry container, the PFA on a solid base and covered with a tarpaulin, whilst other aggregate will be stored in temporary stockpiles. The proposal also includes the removal of below ground obstructions such as concrete slab, foundation and other below ground structures which will be broken out to a depth of between 1 to 2m. The submitted information estimates that approximately 200,000m3 of concrete /brick will be processed on site, with all suitable material crushed on site by a mobile concrete crusher. The crusher will move across the site for each phase of the works but will always be located at least 100m away from the site boundary. The resulting processed material will be used on site to fill resulting voids and leave an even level surface. Any surplus material is to be retained

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on site in stockpiles located at least 25m from the site boundary and be of a no greater height than 10m. Vehicular traffic entering and leaving the site is expected to utilise the existing signalised junction at the entrance to the former OMG The proposed works are envisaged to incorporate lighting both around the site compound and the works taking place. The application information states that all lighting will be directional lighting and will be positioned to minimise the potential for light spillage. During the constraints removal works the site will be secured with a mixture of the sites existing walls and site hoarding of a minimum of 2.4m in height. All hoardings will be painted green. The constraints removal works proposed in this application are expected to be completed over a period of 23 months. The application information indicates that the applicant owns and controls a majority of the application site. However, there are current occupiers and owners of a number of individual plots within the site. The applicant has confirmed that the requisite notifications have been given to the relevant owners advising them of the current application. The supporting Environmental Statement confirms that the remediation of the application site will be in a phased manner and propose to develop a Phasing Plan to guide the works across the site. Members of Committee are advised that the City Council has an interest in this application as land owner. However, Committee must disregard these interests and discharge its duty as local planning authority only. The application has been submitted alongside an Environmental Statement which considers the following issues: - Ecology and nature conservation

- noise - air quality - traffic and transport - ground contamination, geology, hydrogeology and waste - hydrology - archaeology and cultural heritage

The following documents have also been submitted in support of the application:

-Application Drawings (Drawing Ref. 040 ‘Preliminary Cut And Fill Analysis Illustrative Formation Levels Based On RVA Sa0.07.100 Rev G’);

- Planning and Regeneration Statement; - Design and Access Statement - Statement of Community Consultation; - Impact on Humans Statement;

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- Constraints Removal Strategy; - Quantitative Risk Assessment; - Openshaw West Ground Conditions and Mining Hazard Data Review; - Factual Report on Ground Investigation at Openshaw West Manchester ; - OMG Site Openshaw, Ground Contamination and Mining Hazard Desk Top

Assessment, Report ; - Openshaw West Ground Investigation Interpretative Report; - Tree Survey; - Flood Risk Assessment

Consultations Local residents and businesses A number of emails have been received by one of the businesses currently operating from within the application site. These emails set out concerns relating to:

- Not receiving any particular notice although the application includes land in their ownership;

- They operate a call centre on this site employing some 20 people on a shift basis 24 hours a day 7 days a week.

- Noise and vibrations will be an issue. - They require access to our site off Corbett St at all times in and out.

- They are aware works have been going on this site for the past 2 weeks. This has caused some noise and vibration and unpleasant smells.

- We are also aware of the nature of similar works that have taken place adjacent to the stadium recently which were noisy and could be potentially disruptive if carried out on the proposed site.

- Perhaps an impact assessment meeting could take place with the contractors/developers in order to discuss times when such works could be carried out?

- The well being of our staff and continuity of our taxi service call centre are clearly a priority in all of this.

Following receipt of the emails the applicants agent has confirmed that the requisite notices needing to be served on current occupiers have been reserved where indications were they had not initially been delivered. The objector has since confirmed receipt of this notice. The applicant has also confirmed that further site investigation works were undertaken on the former OMG site after they had received consent from the present owner to do so. They also confirm that during these site investigation works significant evidence of contamination were identified in the western portion of the OMG site. The impact comprised black, tarry material and oily liquids encountered at relatively shallow depths within the Made Ground and on the shallow perched groundwater. These impacted materials are accompanied by a strong tarry odour which has been unavoidably released to atmosphere on a temporary basis whilst inspection and sampling works were undertaken. Each site investigation position has now been backfilled and reinstated immediately upon completion of the investigation works at that particular location. This has prevented any further ongoing impact from

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occurring and ensured that site is in a comparable state to its pre-investigation condition. The applicant’s agent also confirms that this issue which will be carefully managed as part of the main works. It is proposed that a condition relating to the submission of a Construction Management Plan will include the requirement for a method statement for the monitoring and management of odours. Other matters raised are dealt with in the Issues section of this report. Contaminated Land Section – The site is located in the Openshaw area of Manchester and is bounded by Ashton New Road, Score Street, the Ashton Canal, Clayton Lane, Wilson Street and Alan Turing Way. The site is largely unoccupied with areas of derelict land present. The former uses associated with the site are; CIBA chemical works, a small industrial estate, public houses, a motor repair centre, a medical centre and a number of car parks. The majority of the site was formerly occupied by Clayton Aniline Works, also present was a gasometer, an alkali works and other industrial buildings. Plans also show fireclay and coal mining has taken place beneath the site. There are also a number of shafts identified as being present. The site is situated above the Sherwood Sandstone principal aquifer. The nearest watercourse to the site is Ashton Canal (River Quality C) located approximately 115m to the east of the site. Other watercourses in the vicinity include the River Medlock (850m to the north) and Corn Brook (1km to the south). They recommend conditions are attached to any approval relating to the submission of a verification and validation report for those parts of the site which have been subject to site investigations and the submission of further information relating to those sites that are not currently in the applicants ownership or that have not been subject to site investigations. GMP Design For Security – no objections to the scheme. Greater Manchester Ecology Unit – Recommend that the proposed Environmental Management Plan (EMP) as outlined in the submitted Environmental Statement should be agreed by the council in writing prior to any works commencing on site. The EMP should then be implemented as agreed. A condition to this effect should be placed on any permission, if granted. The requirement for an Ecological Clerk of works to supervise the mitigation works as indicated in the Environmental Statement should be required by condition. It is proposed to mitigate for the loss of the habitat of ground nesting birds by the provision of 20 bird boxes. These measures are welcome. The site is used by Little Ringed Plover a species protected under Schedule 1 of the Wildlife and Countryside Act (1981), it is recommended that a condition be attached to any permission for the submission and agreement of the details of the ground level surface to be in situ following completion of the works. This would ensure there is adequate habitat replication which is to be lost during the proposed works.

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It is recommended that the biodiversity enhancement measures outlined in the Environmental Statement be required by condition. British Waterways – Make general comments on the application. The applicant mentions possible ‘leakage’ of water from the canal. This is possibly to do with natural groundwater flows in the area as there is land at a higher level to the north and east of the canal. Alternatively, the canal is puddle clay lined and over time this can lose some of its impermeable qualities British Waterways would class this as seepage. If there is evidence of a point’s source leakage, a likely source could be poor abandonment of the former abstraction point associated with the CIBA chemical works demolished in 2006. British Waterways note that there would be three sampling points along the canal, it is requested that a copy of the results and background assessment for the duration of the works are shared with British Waterways who should be consulted particularly in relation to the Nitrobenzene and Hydrocarbon remediation area near the canal. The towpath must be protected during remediation works. The supporting information for the application states that should the site remain undeveloped for more than three years it may be necessary to consider a landscaping scheme for the site. British Waterways ask the local planning authority to consider whether a condition is necessary to require this. If so it is requested that they are consulted on the landscaping proposals where they are close to the canal. Certain tree species have the potential to undermine the integrity of waterway infrastructure. If the council is minded to grant planning permission, due to the proximity of the canal it is requested that an informative is attached to the decision notice advising the applicant to contact British Waterways Third Party Works Engineer Team to ensure that any necessary consents are obtained and that the works comply with their current Code of Practice”. United Utilities – Have no objection to the proposal provided that the following conditions are met:

- This site must be drained on a separate system, with only foul drainage connected into the foul sewer. Surface water should discharge to a soakaway as stated on the Planning Application - A number of public sewers cross this site and we will not permit building over them. We will require an access strip width of 8.0 metres, 4.0 metres either side of the centre line of the sewer. - Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems. - No surface water from this development is discharged either directly or indirectly to the combined sewer network

Environment Agency – Based on the information provided it is clear that significant contamination sources exist within the made ground/soils and shallow groundwater beneath the site. However, the EA agree that, based on the current conceptual site

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model, the overall risks to controlled waters receptors (Ashton Canal and underlying aquifers) from the migration of contaminants are not likely to be significant. Given the above, the main driver for remedial works at the site will be the protection of human health and appropriate remedial criteria must therefore be agreed with the local authority. As such we cannot comment as to whether the remedial criteria as set out in the human health detailed quantitative risk assessment are appropriate. We do note the recommendation for removal of free phase contamination and support this. Even where remedial works are not required for controlled waters or human health protection we would generally recommend removal/treatment of free phase contamination prior to development to ensure there is no potential for ongoing contamination and to allow overall betterment. We have no objections to the outlined scope of works although we note that proposals to decommission existing site investigation boreholes have not been included - this will be required to ensure that potential migration pathways to the underlying aquifers are removed (nb the EA note that existing abstraction wells are to be retained for potential future use). The EA recommend that as part of any planning approval the local authority require a validation/verification report be submitted to ensure that the works are carried out as required and in an appropriate manner. Highways – Any comments will be reported to Committee. New East Manchester - Fully support this application. The Coal Authority – The Coal Authority confirm that the application site falls within the defined Coal Mining Development Referral Area. Their records indicate that within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. These include recorded coal mine entries and the potential for unrecorded coal mining activities at shallow depth beneath the site. The applicant has obtained appropriate and up-to-date coal mining information for the proposed development site and has used this information to inform the Ground Contamination and Mining Hazard Desk Top Assessment which accompanies this planning application. The Coal Authority concurs with the recommendations of the Mining Hazard Desk Top Assessment; that coal mining legacy potentially poses a risk to any proposed future redevelopment of the site and that further intrusive site investigation works should be undertaken in order to confirm the exact situation regarding coal mining legacy issues on the site. The submitted Constraints Removal Strategy outlines specific measures to remediate the coal mine entries and shallow coal mine workings within/beneath the site. It is also noted that the strategy recognises that permission will be required from The Coal Authority to undertake these remediation/treatment works.

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Providing that the works are undertaken in accordance with the Constraints Removal Strategy, The Coal Authority is therefore satisfied that the conditions recommended in the initial response are not required. Greater Manchester Archaeological Unit - Archaeological interests across much of this site have been dealt with through a programme of desk based assessment, evaluation and targeted excavation, in line with best practice. The archaeological consultant who have undertaken the field work, have liaised with GMAU over the implementation of these works. The results have been presented as a technical report. The OMG and Mantax phase of the development has not yet received archaeological investigation. The only outstanding work for the rest of the site is to deposit an ordered archive with the Museum of Science and Industry, and to prepare a popular archaeology booklet in the Greater Manchester’s Past Revealed Series. On behalf of the applicant, the archaeological consultant has prepared a suggested condition statement to secure the residue of archaeological requirements. GMAU are content with the proposed wording of this condition and recommend that it is applied to any planning consent. Environmental Health – Request that a condition relating to the provision of a vehicle wheel washing facility is attached to any approval. They request that the applicant contact them to discuss the hours of working on the site. Natural England – Confirm that the site is not within or in close proximity to a national or internationally designated site. The nearest SSSI is located 3.7km to the north east of the site. Natural England do not consider there to be any direct or indirect impacts as a result of the proposed development/remediation. Clayton Vale Local Nature Reserve is located to 500 m (to the nearest boundary) to the north of the development site. Natural England do not consider there to be any direct or indirect impacts on this designation so long as appropriate good practice construction site management techniques are employed for the duration of the works. Ashton Canal immediately bounding the north eastern part of the development site is a Site of Biological Importance and as such must be protected from any pollution impacts throughout the process for land remediation. Good practice construction site management techniques will assist in the protection of this site. Natural England is generally satisfied with the level of ecological surveying that has been undertaken and considers the conclusions/recommendation to be appropriate. The mitigation measures to protect elements of this site that have ecological value are also considered appropriate. Natural England is unclear where proposed bird and bat boxes will be erected if development does not occur within a three year period as proposed by the applicant. If all the buildings are to be removed from the site, then there is little opportunity to erect these boxes on any buildings, which then leaves trees around the boundary of the site. Natural England recommend that an appropriately worded robust condition

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is attached to any approval for the retention of trees around the boundary of the site whatever development may occur on this site in the future and therefore the erection of boxes should be erected on completion of the land remediation. Natural England considers it important that suitable measures to protect the canal from any potential airborne pollution are in place. The Construction Environmental Management Plan (CEMP), to be prepared by the applicant prior to commencement of remediation on site, should consider the potential impacts on any biological features in proximity to the development site and ensure that appropriate protection measures are implemented. It is recommended that a robust and appropriate condition relating to the preparation and implementation of a CEMP is attached to any approval. Natural England consider that in principle the mitigation measures proposed to deal with the potential for a hydrological link between the groundwater levels on site and Ashton Canal and the potential pollution pathway between the two are acceptable and should be conditioned as appropriate. Natural England do not consider there to be any major Landscape or Visual impacts as a result of the proposal. Environment & Operations (Trees) – There are a large amount of trees on the site most of which are located on the boundaries. The trees are visible from outside the site and do have amenity value. Over one hundred of the trees are within Category B and these trees should be retained where possible. Individual trees and tree groups with a value category C could be removed to allow any future development of the site. Trees with a value of R should be removed due to their poor condition. Any future development of the site should include a tree replacement programme which increases the tree stock by 10% in line with City Council policy. Crime Reduction Officer – Has no objections. Transport For Greater Manchester – Consider that this application is outside of the line of deviation for the new Metrolink extension and will have no significant impacts on the construction or future operation of the East Manchester Metrolink extension. Health and Safety Executive – A small part of the application site is in close proximity to a hazardous installation. However, the HSE Planning Advice for Developments near Hazardous Installations (PADHI) confirms they are only concerned about proposed developments that will result in additional people coming into a notified area around a major hazard. The current proposals only deal with the remediation of the site, once the works are complete there would not be a resultant increase in people coming onto the site.

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Environmental Impact Assessment The Town and Country Planning (Environmental Impact Assessment) Regulations 1999 specifies that certain types of development require an Environmental Impact Assessment (EIA) to be undertaken. The applicant has submitted the application with an Environmental Statement voluntarily under schedule 2 of the EIA Regulations. The application has been advertised accordingly. Policy Unitary Development Plan for the City of Manchester The proposal site does not lie within an area allocated for any particular land use within the adopted plan. The Citywide section of the adopted UDP (Part 1) contains a number of relevant policies in relation to assessing the proposed alternative development, these are: Policy H2.2 states the Council will not allow development which will have an unacceptable impact on residential areas. The matters which the Council will consider in coming to such decisions will include the scale and appearance of the development and its impact in terms of noise, vibration, traffic generation, road safety and air pollution. Policy E1.3 states the Council will promote measures to decrease the level of pollution in the City's watercourses including rivers and canals, and groundwater sources. Policy E1.4 states the Council will control noise levels by:-

a) ensuring that new development involving high noise levels is not permitted where it would be likely to cause a nuisance to occupiers of nearby properties;

b) minimising the need for heavy goods vehicles to pass through residential areas.

Policy E2.2 states permission will not normally be granted for development which would adversely affect designated sites of special scientific interest, sites of biological importance and geological interest and ancient woodlands. Policy E2.4 seeks to ensure that the effects upon wildlife are taken fully into account when considering development proposals. Policy E2.6 states the Council will prevent wherever possible the loss of existing trees and, in addition, will encourage extensive broadleaved tree planting schemes especially as a means to enhance informal recreational areas and to improve the appearance of built up areas.

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Policy E3.1 states that the reclamation of derelict land will be encouraged with a view to its early re-use for economic uses or open space. Policy E3.3 states the Council will upgrade the appearance of the City's major radial and orbital roads and rail routes. This will include improvements to the appearance of adjacent premises; encouraging new development of the highest quality; and ensuring that landscape schemes are designed to minimise litter problems. The East Manchester section of the UDP contains the following relevant policies: Policy EM1 recognises that East Manchester forms part of a major regeneration area within Manchester and represents an integrated approach to regeneration, combining social, economic and environmental considerations where land use planning can be used to positively influence outcomes. Policy EM2 recognises that the renaissance of East Manchester will be dependent on creating regeneration that is sustainable and increases the demand to live, work and visit the area, now and in the future. The policy goes on to state that the reuse of previously developed and underused land and buildings is recognised as being central to regeneration in East Manchester. The site falls within the area covered by Policy EM16 ‘Lower and Higher Openshaw’. The policy indicates that the area is suitable a mix of uses including residential, industrial, community facilities and mixed use development. In addition to the above polices a number of Citywide Development Control policies are relevant. These are: Policy DC22.1 states that in considering development proposals, the Council will have regard to the effect on existing pedestrian routes and will not normally allow development which would result in unacceptable inconvenience to local pedestrian movement Policy DC27.1 states in determining planning applications for development involving the incineration, disposal or recycling of waste materials and reclamation activities, the Council will have regard to: a. the general location of the proposed development; b. the effect on the amenities of neighbouring occupiers, including the effect of traffic movements and the generation of noise, dust, fumes and litter; c. the adequacy of the local traffic circulation system; d. the need for safe and convenient arrangements for access, internal circulation, and egress; e. the appearance of any structures; f. the quality of the boundary treatment such as fences and screening. Policy DC27.3 states development involving the incineration, disposal or recycling of waste materials and reclamation activities will not be permitted unless: a. it is within the general locations mentioned above, and which, for the avoidance of doubt, does not include any of the main radial routes;

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b. the Council is satisfied that there will no hazard to public health or safety; c. the road network in the vicinity of the site is appropriate to the type and number of delivery vehicles associated with the proposed development; d. the Council is satisfied that the proposal would not inhibit the opportunity for permanent redevelopment, or desirable environmental improvements. Policy DC27.4 sates that having regard to policies DC27.3 and DC27.1 and the Council considers the proposed development to be acceptable in principle, conditions may be imposed in order to protect the amenity of nearby occupiers. These conditions may cover, amongst other things: a. limited period planning permission; b. restrictions on the nature, scale and location of vehicular movements to and within the site; c. the disposition of uses about the site, including the location of structures, storage and sorting areas, and hard surface parking; d. the appearance of all structures, especially the nature of fencing and screening; e. hours of operation of the development as a whole or in part; f. controls over burning of waste materials; g. details of dust and litter suppression measures including sheeting of vehicles and wheel washing facilities where appropriate; h. limitations about the type of materials involved, and the height to which they can be stored. i. the inappropriate restoration and aftercare of the site. A number of issues relating to the proposal are discussed in more detail later in this report, however, the current proposal is considered to be in accordance with the policies contained with the adopted Unitary Development Plan. Emerging Core Strategy The Publication of the Core Strategy underwent a statutory consultation period between 10th February to 24th March 2011 and will be followed by submission to the Secretary of State for examination in public. An Inspector will be assigned to carry out the examination the purpose of which is to check that the plan has complied with legislation. The Public consultation draft of the emerging Core Strategy includes a number of relevant polices due to the progress of the Core Strategy these policies, therefore have limited weight. Policy EC 7 ‘Eastlands Strategic Employment Location’ states that the Eastlands area lies within East Manchester, the heart of which is the City of Manchester Stadium, the Eastlands District Centre and the Velodrome but also includes,the Openshaw West site and surrounding environs. It is in excess of 100 hectares and is suitable for a major sports and leisure visitor destination with ancillary commercial, retail and hotels. Policy EN 18 'Contaminated Land and Ground Stability' states the Council will give priority for the remediation of contaminated land to strategic locations as identified

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within the Core Strategy. All new development within former mining areas shall undertake an assessment of any associated risk to the proposed development and, if necessary, incorporate appropriate mitigation measures to address them. East Manchester Strategic Regeneration Framework 2008 -2018 The East Manchester Strategic Regeneration Framework (SRF) was revised in November 2007. It identifies the progress made in East Manchester since 2001 but also sets out the strategic direction for the next 10 years in order to continue the holistic regeneration of the area. Regional Spatial Strategy The Secretary of State has announced the intention to abolish Regional Spatial Strategies following Royal Assent of the Localism Bill. Until this time RSS still forms part of the development plan for the City. The Regional Spatial Strategy (RSS) for North West England - The RSS was adopted in September 2008 and replaces the previously published Regional Planning Guidance. The RSS provides a framework for development and investment in the region over the next fifteen to twenty years. It contains policies that address core principles of development, including environmental issues associated with derelict land and contaminated land, air and water quality, waste management and radioactive waste. Of particular relevance are policies DP7: Promote Environmental Quality, and EM2 Remediating Contaminated Land. National Policy Planning Policy Statement 1: Delivering Sustainable Development (2005) Sustainable Development is the overarching theme of Government planning policy. PPS1 states that the general approach to development should be to create sustainable, liveable, mixed communities with good access to jobs and key services. Whilst planning for sustainable development, a number of factors should be taken into consideration: - social cohesion and inclusion; - protecting and enhancement of the natural environment; - prudent use of natural resources; and - sustainable economic development. The policy also emphasises the need for good design in the layout of new developments and individual buildings in terms of function and impact, not just for the short-term but over the lifetime of the development. It is considered that the proposal is in general accordance with PPS1 and the sustainable principles within it on the basis that it will enable a contaminated site to be brought back into productive use.

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Planning Policy Statement 5: Planning for the Historic Environment PPS5 sets out the national planning policy objectives on the conservation of the historic environment. The overarching aim of the Government is that the historic environment and its heritage assets should be conserved and enjoyed for the quality of life they bring to this and future generations. Policy HE6.1 establishes the need for archaeological desk-based assessments where an application includes or has the potential to include heritage assets with archaeological interest. The application has been supported by the preparation of a programme of desk based assessment, evaluation and targeted excavation, in line with best practice for those areas of the site in the applicants ownership which are of historic interest. A condition relating to further investigations of the OMG and Mantax site has been recommended by the Greater Manchester Archaeological Unit. It is considered that the proposal accords with the policies in PPS5. Planning Policy Statement 9: Biodiversity and Geological Conservation (2005) PPS9 sets out the Government’s policy on protection of biodiversity and geological conservation through the planning system. The key aims of PPS9 include: - promoting sustainable development by ensuring that biological and geological diversity are conserved and enhanced; - conserving, enhancing and restoring the diversity of England’s wildlife and geology; - contributing to urban renaissance by enhancing biodiversity among developments so that they are used by wildlife and valued by people; and - ensuring developments take account of the role and value of biodiversity in contributing to a high quality environment. PPS9 acknowledges that the re-use of previously developed land for new development makes a major contribution to sustainable development by reducing the amount of countryside and undeveloped land that needs to be used. Where such sites have significant biodiversity or geological interests of recognised local importance, local planning authorities together with developers, are encouraged to retain this interest or incorporate it into any development of the site. Planning Policy Statement 10: Planning for Sustainable Waste Management (2006) PPS10 sets out planning policies on sustainable waste management through the planning system. Paragraph 34 discusses the recommended approach to determining Planning Applications and states that proposed new development should be supported by Site Waste Management Plans. It is highlighted that these do not require formal approval by Planning Authorities, but are encouraged to identify the volume and type of material to be demolished and/or excavated, opportunities for the reuse and recovery of materials and to demonstrate how off-site disposal of waste will be minimised and managed.

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Planning Policy Guidance 14: Development on unstable land. PPG14 states that the stability of the ground is a material consideration when making planning decisions for development. The principle aims of considering land instability at the planning stage are to minimise the risks; ensure that development is not placed in unstable locations without precautions; bring unstable land back into productive use; and assist in safeguarding public and private investment. The proposed remediation works would improve the current ground stability , by treating unstable grounds associated with historic shallow mine working and mine shafts, and will ensure that future development of this site is upon stable ground. The proposal is therefore considered to be in accordance with PPG14. Planning Policy Statement 23: Planning and Pollution Control PPS23 is intended to complement the pollution control framework under the Pollution Prevention and Control Act 1999 and the Pollution Prevention and Control (England and Wales) Regulations 2000. The Government Guidance objectives for contaminated land are set out in DETR Circular 02/2000 Contaminated land. These are to identify and remove unacceptable risks to human health and the environment; to seek to bring damaged land back into beneficial use ; and to seek to ensure that the cost faced by individuals, companies and society as a whole are proportionate , manageable and economically sustainable. Paragraph 24 advises that Local Planning Authorities should pay particular attention to development proposals for sites where there is reason to suspect contamination, such as the existence of former industrial uses, or other indications of potential contamination. The application has been submitted with a number of documents which detail site investigation works and desk based studies that have been undertaken to identify the potential contamination of the site. The purpose of the current application is to deal with the conditions of the land in order to prepare it for future development. It is considered that the application accords with PPS23. Planning Policy Guidance 24: Planning and Noise This PPG introduces general principles and practices for dealing with noise in the planning system. The guidance addresses the interrelationship between noise sources and noise sensitive developments. It sets out the appropriate assessment methodologies for assessing ambient noise sources such as road traffic noise as well as assessing the impact of night time and industrial noise sources. Paragraph 2 of the guidance sets out the general principle that wherever practicable noise sensitive developments should be separated from major sources of noise, and new development involving noisy activities should be sited away from noise sensitive uses. This matter is discussed in more detail elsewhere in the report PPS25: Development and Flood Risk

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PPS25 sets out Government policy on development and flood risk. Its aims are to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. The guidance sets out the criteria Local Planning Authorities should adopt in assessing planning applications:

- ensure that planning applications are supported by site-specific flood risk assessments (FRAs) as appropriate; - apply the sequential approach and exceptions test at a site level to minimise risk by directing the most vulnerable development to areas of lowest flood risk, matching vulnerability of land use to flood risk; - give priority to the use of sustainable urban drainage system (SUDs); and - ensure that all new development in flood risk areas is appropriately flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed.

The application has been accompanied by a flood risk assessment this confirms: the site is shown on the EA flood risk map as lying in Flood Zone 1; outside the extent of 0.1% (1 in 1000) risk of flooding from major watercourse; The site is within a Critical Drainage Area as identified within the SFRA with the likely source of flooding being from an old watercourse that crossed the site and was filled in after 1922 and hence does not present a risk of flooding; The site is considered to be at low risk of flooding from other sources. The proposal will result in surface water run off beinge allowed to naturally permeate into the underlying material as occurs within the existing demolished parts of the site. Following implementation of works there may be a requirement following a review to provide some form of site wide drainage ditch system to cater for any intense rainfall which may occur to ensure stability of the plateaus and restrict any run onto the surrounding public highway. Such a system should drain to an area where adequate infiltration can occur and be sized to allow for any storage of run off that is necessary. It is considered appropriate that a condition for the details of such a review and the implementation of its recommendations be attached to any approval. Issues Noise and Vibration Noise An objector to the application has raised the issue of noise and vibrations impacts of the proposed works on the continued operation of their business and staff. The proposed works and the equipment required to undertake them by there nature will result in the generation of noise. The constraint removal works require the breaking out of areas of concrete hardstanding and the noise impacts of the activities and others such as earth moving are acknowledged within the Environmental

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Statement submitted alongside the application which includes an Assessment of Noise and Vibration. The Noise and Vibration assessment was undertaken based on potential mechanised plant operating simultaneously at the nearest positions of the site to identified sensitive receptors (i.e residential properties) in order to consider a worst-case scenario. The predicted noise levels within the assessment are based on the specified plant operating continuously at the stated position for a full 12 hour working day, a position that the supporting information to the application indicates is highly unlikely to occur. It is acknowledged that there will some be impacts of noise on residential and commercial properties close to the boundary and within the application site. However these impacts will be short term and temporary due to the nature of the proposed works. The assessment provided in the Environmental Statement indicates that premises surrounding the site are predicted to only experience a significant adverse effect during periods of breaking hard ground along the corresponding boundary to those properties. The assessment also indicates that remaining activities such as cut and fill works, will still give rise the potential for a significant adverse noise impact to occur, however, the impact will be much lower than during earthworks involving hard material. It confirms that for large periods of the works the adverse effect will not be significant as the works will be located away from an identified receptor location and therefore noise levels will actually be much lower. Unfortunately in order for the site to be remediated, it is inevitable that there will be some impact on the surrounding neighbours however, this is predicted to be intermittent and temporary only. It is considered that these impacts can be mitigated through conditions relating to hours of use and the submission of methods statements for the monitoring and management of noise. Vibration The submitted assessment indicates that based on predicted levels vibrations at the distance of the nearest residential properties are predicted to fall considerably below the threshold for cosmetic structural damage to occur in un-reinforced or light framed structures including the nearest residential properties. The assessment concludes that it is considered that there will be no impact with regard to residential structures. However, the assessment indicates that for non-residential buildings and users of such buildings, if works are being undertaken immediately adjacent to them then there is the potential for substantial impact which is substantial in magnitude for both living and working conditions and structural damage. It is acknowledged within the application submission that the impact on humans within non-residential buildings would be short term and temporary based on the closeness of the proposed works.

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In terms of damage to adjacent non-residential or residential properties as a result of the proposed works. Any structural damage caused as a direct result of the proposed works would become a civil matter between the applicant and those impacted upon by the works. However, it is expected that through the adoption of working practices and equipment as indicated in the Environmental Statement these impacts would be minimised. The applicant proposes within the application information a number of measures including the implementation of certain working methods and practices in order that the impacts of noise and vibration are reduced. On this basis it is considered appropriate that conditions are attached to any approval relating to: the phasing of works across the site; hours of working; the communication with neighbours and adjacent businesses of the nature, type and duration of proposed works including contact details of on site personnel and relevant regulatory authorities in a specified manner (i.e letter drop); and the submission of method statements relating to the monitoring and management of noise generated by the works on site. Odours As set out within the consultations section of this report. It is anticipated that some elements of the remediation works may result in the release of odours. The applicant has confirmed that it is the intention that method statements of the works in relation to the management and monitoring of odour will be produced. It is considered appropriate that a condition is attached to any approval for the submission and agreement of these details prior to works commencing on site. Site security The applicant confirms within the submission that the site will be secured by way of solid site hoardings and will benefit from 24-hour security. Both Greater Manchester Police (Design for Security) and the local Crime Reduction Officer have no objections to the proposal. A condition relating to the submission of further details and locations of hoardings is considered appropriate in this instance. Ownership An objector has raised the issue that the applicant does not own the all of the land within the application site. The applicant has completed the correct certificates of ownership and has confirmed that they have served the requisite notices on the relevant owners of land within the application site. These notices were reissued following receipt of information which indicated they had not been received by owners. As members are aware, anyone may make a planning application and no ownership interest in the site the subject of a proposal is necessary, although the owners of land must be formally notified before an application can be considered as has been undertaken in this case. The fact that an applicant does not own the entire

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application site is not a material consideration in the determination of a planning application but likewise it does not override the need for an applicant to obtain the necessary agreements of a landowner in order to undertake any of the proposed works on their land. Trees The application has been submitted with a full tree survey of the application site. The Environmental Statement indicates that those broadleaved trees around the perimeter of the site are to be maintained. It is considered appropriate that a condition is attached to any approval seeking the submission of a plan indicating all of those trees to the perimeter of the site which are to be retained and details of protection measures whilst works are on going. Phasing The applicant has confirmed within the submission that the proposed works will be subject to a phasing plan. Due to the size of the site and ownership this phasing is not yet known. The applicant has confirmed there are eight properties within the application boundary which are not currently in their ownership these are operational business premises (with the exception of OMG). They confirm that the proposed constraints removal works will be undertaken with appropriate planning and phasing including the incorporation of the provision of access, utilities, site boundaries and other key services which will not be significantly affected, and allow the continued operation of these premises. They will undertake appropriate liaison and communication with the operators of these premises during the works in order that the phasing and nature of any proximal works is understood in advance. This will be informed through the development of a Communications Strategy. It is considered that a condition be attached to any approval relating to the submission of a detail phasing plan prior to the commencement of works and the development of a communication strategy as part of the Construction Management Plan. Contaminated Land The principal purpose of the current application is to remediate the site which is largely unoccupied with areas of derelict land present. The former uses associated with the site are; CIBA chemical works, a small industrial estate, public houses, a motor repair centre, a medical centre and a number of car parks. Due to the previous uses of the site there are significant contamination issues that require remediation prior to the land being able to be brought back into productive use. Details of any future development of the site have not been submitted and do not form part of this application. The application has been submitted alongside a number of reports detailing the strategy for the works, ground investigation works undertaken to date, Risk

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Assessment, Ground Contamination and Mining Hazard Data Review, Ground Contamination and Mining Hazard Desktop Study and Ground Investigation Interpretive Report. The Head of Regulatory and Enforcement Services is content with the information submitted in relation to the desk top study information, site investigation information , final risk assessment and remediation strategy. It is recommended that a condition is attached to any approval to reflect the information supplied for the majority of the site which has been subject of detail site investigation works and a full contaminated land condition on those parts of the site which are not in the applicants’ ownership and which have not undergone site investigations. It is considered that the proposed works will result in a substantial highly prominent site within East Manchester being remediated and available for future redevelopment. The proposed works will facilitate the on going regeneration of East Manchester whist reducing the risks of such a heavily contaminated site to the environment and surrounding businesses and residents. Traffic The Environmental Statement submitted alongside the application contains a chapter dealing with traffic and transportation impacts associated with the proposed works. The Environmental Statement states it is proposed that the main site access will utilise the existing Ashton New Road/OMG signalised junction which provides access to the highway network in both directions along Ashton New Road. The Environmental Statement indicates that the use of the existing junction will ensure that vehicles entering/exiting the site will be able to do so in a safe and efficient manner. The development will generate traffic for site operatives, and the movement of plant and machinery. However, the most significant traffic movements are likely to be associated with the HGV movements removing any untreatable deleterious material from site and transporting building materials required to grout the historic mine workings onsite. It anticipated that the works will take place over a 23 month period. As there are no development proposals for the site beyond the current works described in this report, there will be no transport impact after the completion of the proposed Works. The Environmental Statement indicates that the average number of trips expected to be generated from the works for the site is 79 per day. Of these trips 60 are related to operatives travelling to/from work and 19 trips are associated with the remediation work. Therefore, it is considered that the proposed works will result in a minor/neutral impact on the adjacent highway network. The Environmental Statement indicates that whilst there will be some disruption to local traffic flows and pedestrian movements in the immediate vicinity of the site during the works this can be mitigated by the implementation of an appropriate

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Construction Traffic Management Strategy which will also include measures to ensure that facilities for washing the wheels of vehicles leaving the site and that vehicles entering and leaving are appropriately sheeted to avoid the depositing of detritus and debris on the highway. It is recommended that an appropriate condition to require the submission of a Construction Traffic Management Strategy for approval. Road closures An objector has raised the issue of the requirement for them to continue to have access to Corbett Street for the operation of their business. The application has been advertised as affecting public rights of way. The applicant indicates within their submission the need for Highway Stopping up and closure of some internal, currently public roads. There are no current direct pedestrian routes through the site north south or east west. As such it is not considered that the closure or stopping up of internal roads would result in unacceptable inconvenience to local pedestrian movement and would therefore accord with policy DC22.1 of the adopted Unitary Development Plan. The applicant is aware that separate legislation deals with the formal closure of footpaths and highways and that the granting of planning permission would not negate the need for those procedures to be undertaken. Due to the intention to pursue the closure of internal public highways and the existence of businesses operating from within part of the application site it is considered appropriate to request that details of the operation of highways within the application site during the works are contained within a phasing plan for the works. Air Quality and Dust The Environmental Statement submitted alongside the application deals with matters relating to potential Air Quality issues as a result of the proposal. Although the excavation of the material and structures from the site may give rise to dust, much will depend on the ground and weather conditions at the time of the works. The ES states that the temporary elevation in dust levels is considered to be inevitable as part of the proposed constraints removal works, particularly where the proposed activities are undertaken during dry and/or windy meteorological conditions. The Environmental Statement indicates a number of mitigation measures that could be employed to minimise the generation of dust and reduce the potential impacts on air quality these include:

- An appropriate speed limit will be imposed around the site to minimise the re-suspension of dust by vehicles on-site; - Mobile plant will be located away from residential areas, with all crushing machinery located at least 100m from the site boundary where adjacent to dwellings; and,

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- A Site Waste Management Plan (SWMP) will be implemented to reduce vehicle trips associated with the scheme.

It is also proposed to produce a method statement for the monitoring and management of dust. It is considered appropriate to attach conditions to any approval relating to the submission of these details as part of the Construction Management Plan and Site Waste Management Plan. Ecology The Environmental Statement incorporates an assessment of the ecology of the site which focuses upon: - Habitat loss and fragmentation due to land take; - Disturbance; - Possible spread of invasive species; and - Potential impacts from pollution incidents. A number of surveys of the site and surrounding areas of ecological value have also been undertaken as part of the assessment. The results of these surveys conclude that:

The Ashton Canal (West) SBI is located directly adjacent to the site. No protected species were identified through survey works. There is the potential for indirect impacts to the canal, for example from the uncontrolled discharge of polluted run-off entering the canal during the remediation works. If these were to occur and went unmitigated, the impacts on the canal would be significant.

The proposed works will not result in any significant impacts on Clayton Vale Local Nature Reserve (approximately 0.5km to the north of the site).

A nationally scarce adult hoverfly was recorded during surveying work. Whilst the proposed works will result in the disturbance to the vegetation due to the numbers of individual numbers recorded on site the impact is considered to be not significant.

The impacts of the proposed works on above ground nesting bird habitats is not considered to be significant. The ground-nesting bird species found on site are commonly associated with open areas and so may be susceptible to the loss of the substantial hardstanding and grassland present on site. However, because the losses of habitats are so small relative to the extent of similar habitats in the local area, it is considered that impacts to ground-nesting species will not be significant.

The proposed remediation/construction activities have the potential to result in the damage, loss or disturbance to a breeding birds’ nest if undertaken during

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the main nesting season (March to August inclusive) without any mitigation in place. Given the habitats on site, it is likely that both ground nesting and scrub/tree nesting birds could be affected. It is considered that impacts to the populations and conservation status of these birds from the loss of very small numbers of nests will be temporary and not significant in ecological terms.

Disturbance associated with the remediation and construction works (including both noise and visual disturbance) could affect the breeding, incubation and rearing of dependant little ringed plover young, if they breed on the site.

The construction works will not result in the loss of any significant mature tree lines. The bat survey observed minimal foraging activity and it is considered that the wide, open and exposed nature of the majority of the site means it is not suitable to support significant levels of bat activity. The impact of the loss of grassland and scrub within the site boundary on local bat populations is therefore considered to be not significant;

No bats were confirmed to be roosting on any structures or features within the site. In addition, no mature trees on site were identified as having any potential features suitable to support roosting bats.

As there will be no ongoing activities or occupants once the site has been fully remediated, the bare, empty and predominantly aggregate covered site will be an ideal habitat for little ringed plover to breed on. Therefore no operational nesting mitigation is considered necessary for this species.

The applicant confirms within the Environmental Statement that as no end use for the remediated site has yet been confirmed, the duration of the operational phase is not yet known. Therefore, in order to ensure that the proposed works result in a gain in the biodiversity value of the site, it is proposed that a scheme of tree planting will be implemented on land adjacent to the Ashton Canal SBI and the installation of bird and bat boxes. It is considered that, this would help to strengthen the value of the canal as a habitat corridor, as well as improving the potential for bat and bird foraging habitat within the site. It is also confirmed within the Environmental Statement any planting and bird and bat box scheme will only be implemented if no future development proposals are approved on the site, within three years of this application receiving consent. It is further clarified that this is based on the condition that any future consented end-use/development delivers an equivalent or greater level of bat box provision. It is proposed that a Environmental Management Plan for the works be prepared to ensure the requisite mitigation of any potential impacts of the proposed works are in place. This is expected to involve the identification of a suitably qualified and experienced ecologist to supervise the implementation of the ecological mitigation measures; the full details of all ecological mitigation measures to be implemented during the construction phase including those required to protect the adjacent Ashton Canal Site of Biological Important to prevent any potential pollution as a result of the

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works; and , the submission of a scheme for, the provision and ongoing maintenance and management of bat and bird boxes and timescales for there installation. It is recommended that a condition relating to the submission and approval of these details is attached to any approval. It is also considered appropriate to attach a condition to any approval for the details of the ground level surface finish of the site is submitted to and approved in writing to ensure that this replicates the habitat of the Little Ringed Plover. The Environmental Statement also indicates the intention for the proposed works to be overseen by an Ecological Clerk of Works. It is considered appropriate that the requirement for this is included within the overall Construction Management Plan for the site. Conclusion The proposed works will result in the treatment and remediation of a large and contaminated site to enable its future redevelopment. The works will reduce the risks associated with its current contaminated state to the environment, adjacent businesses, residents and future occupiers/users of the site. Whilst it is considered the proposed works are likely to result in some adverse impacts on adjacent uses and residents by virtue of the nature and extent of the works required to remediate the site, these impacts will be temporary in nature and through the use of good working practices and mitigation measures can be further minimised. On balance it is considered that the proposed works are acceptable and are in general accordance with national planning policy statements and guidance and policies E1.3 and E3.1 of the Unitary Development Plan for the City of Manchester. Human Rights Act 1998 considerations – This application needs to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applicants (and those third parties, including local residents, who have made representations) have the right to a fair hearing and to this end the Committee must give full consideration to their comments. Protocol 1 Article 1, and Article 8 where appropriate, confer(s) a right of respect for a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Unitary Development Plan, the Head of Planning has concluded that some rights conferred by these articles on the applicant(s)/objector(s)/resident(s) and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. He believes that any restriction on these rights posed by the approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts.

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Recommendation APPROVE Approve on the basis that the proposed works accord with policies E1.3 and E3.1 of the adopted Unitary Development Plan for the City of Manchester. Conditions and/or Reasons 1) The development must be begun not later than the expiration of three years beginning with the date of this permission. Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2) The development hereby approved shall be carried out in accordance with the following drawings and documents: - Drawing Ref. 040 ‘Preliminary Cut And Fill Analysis Illustrative Formation Levels Based On RVA Sa0.07.100 Rev G’; - Drawing Ref 001 Rev A; - Planning and Regeneration Statement ref 19776782_1 Version: 1 prepared by DJD; - Design and Access Statement ref 19225834 Version: 1 prepared by DJD; - Statement of Community Consultation prepared by DJD; - Impact on Humans Statement ref 19785399_1 Version: 1 prepared by DJD ; - Flood Risk Assessment March 2011 prepared by WYG; - Constraints Removal Strategy prepared by WYG ; - Quantitative Risk Assessment prepared by WYG - Openshaw West Ground Conditions and Mining Hazard Data Review prepared by WYG; - Factual Report on Ground Investigation at Openshaw West Manchester prepared by WYG; - OMG Site Openshaw, Ground Contamination and Mining Hazard Desk Top Assessment prepared by WYG, - Openshaw West Ground Investigation Interpretative Report prepared by WYG; - Tree Survey prepared by WYG; - Environmental Statement prepared by WYG; - Non-Technical Summary of the Environmental Statement prepared by WYG All date stamped as received by the local planning authority on the 30th March 2011. - Drawing Ref 001 Rev C date stamped as received by the local planning authority on the 3rd May 2011; - Openshaw West, Clayton Archaeological Excavation report dated April 2011, Issue No: 2010-11/1171 prepared by Oxford Archaeology North date stamped as received by the local planning authority on the 3rd May 2011. Reason - To ensure that the development is carried out in accordance with the approved plans. 3) Prior to the commencement of the works hereby approved a Phasing plan of the works hereby approved shall be submitted to and approved in writing by the City

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Council as local planning authority. The development shall be implemented in accordance with the agreed phasing plan which shall include: - Defined areas and the timing of works relating to each phase of works;

- A description of the works to be undertaken as part of that phase; - With reference to the agreed Construction Management Plan, Environmental Management Plan, Construction Traffic Management Plan and Site Waste Management Plan details of any necessary mitigation measures required as part of that phase; - The location, type, height and colour of any additional temporary site hoarding/temporary fencing or barriers required as part of that phase of works; and, - The way in which highways within the site will operate during the proposed phase of works.

Reason – To ensure that the development is undertaken in a managed and co-ordinated manner in the interests of residential amenity, and ecology of the site pursuant to policy H2.2 of the adopted Unitary Development Plan for the City of Manchester. 4) Prior to the commencement of the works hereby approved a Construction Management Plan shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be implemented in accordance with the agreed Construction Management Plan which shall include: - Dust management and monitoring method statement;

- Odour management and monitoring method statement; - Noise management and monitoring method statement; - Asbestos management and monitoring method statement; - Remediation techniques method statement; and - Identification of an Ecological Clerk of Works to be approved in writing by the local planning authority to be employed for the duration of the construction period and details of their responsibilities.

Reason – To ensure that the development is not prejudicial or a nuisance to adjacent dwellings, and in the interests of, public health and amenity, pursuant to policies H2.2 and E2.4 of the Unitary Development Plan for the City of Manchester. 5) Prior to the commencement of the works hereby approved an Environmental Management Plan shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be implemented in accordance with the agreed Environmental Management Plan which shall include:

- The identification of a suitably qualified and experienced ecologist approved in writing by the local planning authority to supervise the implementation of the ecological mitigation measures; - Full details of all ecological mitigation measures to be implemented during the construction phase including those required to protect the adjacent Ashton Canal Site of Biological Important to prevent any potential pollution event from the approved works reaching the canal; and, - A scheme for, the provision and ongoing maintenance and management of bat and bird boxes and timescales for there installation.

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Reason – In the interest of the ecology of the site and the adjacent Ashton Canal Site of Biological importance pursuant to policies E2.4 of the adopted Unitary Development Plan for the City of Manchester. 6) Prior to the commencement of the hereby approved works a Site Waste Management Plan with the objective of ensuring that waste is managed in an appropriate and sustainable manner for the duration of the construction phase, shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be implemented in accordance with the agreed Site Waste Management Plan which shall include: Reason – To ensure that any waste generated by the site is dealt within in a sustainable manner to maximise the reuse of on site and recycled materials pursuant to policy E1.6 of the adopted Unitary Development Plan for the City of Manchester. 7) Prior to the commencement of the hereby approved works a Construction Traffic Management Plan shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be implemented in accordance with the agreed Construction Traffic Management Plan which shall include:

- Method statements and details of the quantity and routing of construction traffic; - Qualitative assessment of existing traffic flows in the area; - Identify proposed access points into the site and advisory routes to and from the site; - Identify measures to control dust and mud on the surrounding public highway including: details of how the wheels of contractors vehicles are to be cleaned; and the sheeting of vehicles entering and leaving the site during the construction period; - Specify the working hours for the site; - Identify advisory routes to and from the site for staff and HGV’s; - Describe the road closures being implemented across the site in the interest of road safety.

Reason - In the interest of pedestrian and highway safety, and to ensure that the proposed development is not prejudicial or a nuisance to adjacent dwellings, as specified in policy H2.2 of the Unitary Development Plan for the City of Manchester. 8) Prior to the commencement of any hereby approved works, details of the hours of working for the site or any phase of construction works shall be submitted to and agreed in writing by the local planning authority. The hereby approved works shall thereafter be undertaken in accordance with the agreed details. Reason – In the interests of residential amenity pursuant to policy H2.2 of the adopted Unitary Development Plan for the City of Manchester. 9) Prior to the commencement of any works or phase of works, details of both temporary construction lighting and lighting associated with any site compound(s) installed on the site shall be submitted to, and approved in writing by, the City

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Council as local planning authority. The submitted details shall include the location and heights of lighting poles, and timings of their illumination. The development shall be implemented in accordance with the approved details. Reason - In the interests of ecology, amenity, crime reduction and the personal safety of those using the proposed development in order to comply with the requirements of government guidance in Planning Policy Statement 1 and Policies H2.2, E3.3 and E3.5 of the Unitary Development Plan for the City of Manchester. 10) If any lighting units of the works hereby approved, when illuminated, causes glare or light spillage which in the opinion of the Council as local planning authority causes detriment to adjoining and nearby residential properties, within 14 days of a written request, a scheme for the elimination of such glare or light spillage shall be submitted to the Council as local planning authority and once approved shall thereafter be retained in accordance with details which have received prior written approval of the City Council as Local Planning Authority. Reason - In order to minimise the impact of the illumination of the lights on the occupiers of nearby residential accommodation, pursuant to policy H2.2 of the Unitary Development Plan for the City of Manchester. 11) Prior to the commencement of any works hereby approved details of the location, type, colour and height of all site hoarding/temporary fencing required for the construction works shall be submitted to, and approved in writing by, the City Council as local planning authority, prior to the fencing being erected. The approved works shall be implemented in accordance with the approved details. Reason - In the interests of the visual amenity of the area, pursuant to policy H2.2 of the Unitary Development Plan for the City of Manchester. 12) Prior to the commencement of any works hereby approved, a plan indicating the position of those trees to be removed and those to be retained shall be submitted to and approved in writing by the local planning authority. The plan shall also include details of the tree protection measures to be employed during the construction works of those trees which are to be retained. The works shall be implemented in accordance with the approved details. Reason - In order avoid damage and loss of trees/shrubs adjacent to and within the site which are of important amenity value to the area and in order to protect the character of the area, in accordance with Policies E2.4 and E2.6 of the Unitary Development Plan for the City of Manchester. 13) In this condition "retained tree" means an existing tree, shrub or hedge which is to be as shown as retained on those plans and particulars agreed under condition 12 of this approval; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the date of the completion of the hereby approved works. (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and

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particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 5387 (Trees in relation to construction) (b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority. (c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority. Reason - In order avoid damage to trees/shrubs adjacent to and within the site which are of important amenity value to the area and in order to protect the character of the area, in accordance with Policies E2.4 and E2.6 of the Unitary Development Plan for the City of Manchester. 14) Prior to the completion of the works hereby approved a scheme for the provision of tree replacements shall be submitted to and approved in writing by the City Council as local planning authority, unless otherwise agreed in writing by the local planning authority. The scheme shall include:

- The location, species and size of the proposed replacement trees; - Reprovision of an additional 10% of trees to those removed as agreed under condition 12 of this approval; and, - A timescale for its implementation.

Reason – To ensure the re-provision of suitable replacement trees pursuant to policy E2.6 of the adopted Unitary Development Plan for the City of Manchester. 15) No works shall take place within the areas known as ‘OMG and Mantax site’ as identified on the approved plan reference 001 Rev C prepared by WYG and date stamped as received by the local planning authority on the 3rd May 2011, until the applicant or their successors in title has secured a programme of archaeological work in accordance with a Written Scheme of Investigation agreed in advance with the Local Planning Authority. The scheme shall include timetabled provision for the evaluation of potentially significant heritage assets; a further programme of archaeological mitigation in the form of excavation and recording of these assets if significant remains are identified; post-excavation reporting; deposition of the archive with an appropriate museum or archive service; and a publication in the Greater Manchester’s Past Revealed Series. The approved written scheme of investigation shall be implemented in full subject to any variations approved in writing by the Local Planning Authority.

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Reason - To investigate the archaeological interest of the site and record and preserve any remains of archaeological interest, pursuant to Policy DC20.1 of the Unitary Development Plan for the City of Manchester and guidance in PPS5. 16) If within a period of 12 months of this approval no archaeological works have commenced on the ‘OMG and Mantax site’ as identified on the approved plan reference 001 Rev C prepared by WYG and date stamped as received by the local planning authority on the 3rd May 2011 then the existing archive from the main site evaluations and excavations will be deposited with an appropriate museum or archive service as set out within paragraph 2.5.1 of the approved Openshaw West, Clayton Archaeological Excavation report dated April 2011, Issue No: 2010-11/1171 prepared by Oxford Archaeology North; and a publication in the Greater Manchester’s Past Revealed series will be produced for the main site archaeological works.’ Reason - To ensure a record of any remains of archaeological interest are published in a timely manner, pursuant to Policy DC20.1 of the Unitary Development Plan for the City of Manchester and guidance in PPS5. 17) Prior to the completion of the hereby approved works the details of any materials that are surplus to the regrading/levelling of the site shall be submitted to and approved in writing by the City Council as local planning authority. The details shall include:

- The locations and extent (width, length and heights) of any surplus materials; - The content and make up of the surplus materials;

- Any measures required to ensure the surplus materials do not pose any ongoing risk in relation to surface water run off, or wind loss.

Reason – In the interests of residential and visual amenity of the area pursuant to policy H2.2 of the adopted Unitary Development Plan for the City of Manchester. 18) The hereby approved works shall be carried out in accordance with the previously agreed Remediation Strategy and a Completion/Verification Report shall be submitted to and approved in writing by the City Council as local planning authority. In the event that ground contamination, groundwater contamination and/or ground gas, not previously identified, are found to be present on the site at any time before the development is occupied, then development shall cease and/or the development shall not be occupied until, a report outlining what measures, if any, are required to remediate the land (the Revised Remediation Strategy) is submitted to and approved in writing by the City Council as local planning authority and the development shall be carried out in accordance with the Revised Remediation Strategy, which shall take precedence over any Remediation Strategy or earlier Revised Remediation Strategy. This condition relates to those areas of the application site not subject to site investigation works as identified on plan reference **** prepared by as received by the local planning authority on the

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Reason - To ensure that the presence of or the potential for any contaminated land and/or groundwater is detected and appropriate remedial action is taken in the interests of public safety, pursuant to E3.2; of the Unitary Development Plan for the City of Manchester. 19) Prior to the commencement of the hereby approved works in those areas identified on plan reference **** prepared by *****as received by the local planning authority on the*******, a report (the Preliminary Risk Assessment) to identify and evaluate all potential sources and impacts of any ground contamination, groundwater contamination and/or ground gas relevant to that part of the site shall be submitted to and approved in writing by the City Council as local planning authority. The Preliminary Risk Assessment shall conform to City Council's current guidance document (Planning Guidance in Relation to Ground Contamination). In the event of the Preliminary Risk Assessment identifying risks which in the written opinion of the Local Planning Authority require further investigation, the development shall not commence until a scheme for the investigation of the site and the identification of remediation measures (the Site Investigation Proposal) has been submitted to and approved in writing by the City Council as local planning authority. The measures for investigating that part of the site identified in the Site Investigation Proposal shall be carried out, before the development commences and a report prepared outlining what measures, if any, are required to remediate the land (the Site Investigation Report and/or Remediation Strategy) which shall be submitted to and approved in writing by the City Council as local planning authority. b) When the development commences, the development shall be carried out in accordance with the previously agreed Remediation Strategy and a Completion/Verification Report shall be submitted to and approved in writing by the City Council as local planning authority. In the event that ground contamination, groundwater contamination and/or ground gas, not previously identified, are found to be present on the site at any time before the development is occupied, then development shall cease and/or the development shall not be occupied until, a report outlining what measures, if any, are required to remediate the land (the Revised Remediation Strategy) is submitted to and approved in writing by the City Council as local planning authority and the development shall be carried out in accordance with the Revised Remediation Strategy, which shall take precedence over any Remediation Strategy or earlier Revised Remediation Strategy. Reason - To ensure that the presence of or the potential for any contaminated land and/or groundwater is detected and appropriate remedial action is taken in the interests of public safety, pursuant to E3.2; of the Unitary Development Plan for the City of Manchester. 20) No part of the works hereby approved shall commence until cross section plans of the existing external ground levels have been submitted to and approved in writing by the City Council as Local Planning Authority. Within 12 months of the hereby

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works commencing cross section plans of the proposed external ground levels shall be submitted to and approved in writing by the City Council as Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason - To ensure that a satisfactory development is carried out, in accordance with policy H2.2 of the Unitary Development Plan for the City of Manchester. 21) Within 12 months of the commencement of the hereby approved works, details of the proposed ground level surface finish of the site in order to replicate a suitable habitat for ground nesting birds, shall be submitted to and agreed in writing by the City Council as local planning authority. The scheme shall also include: - Details of the extent of the proposed ground surface finish on the site; and, - A timescale for its implementation. Once agreed the ground surface finish should be implemented in full. Reason – The site is used by Little Ringed Plover, a species protected under Schedule 1 of the Wildlife and Countryside Act (1981) and in order to ensure adequate and suitable replacement habitat is provided pursuant to policy E2.4 and E3.1 in the Unitary Development Plan for the City of Manchester. 22) Following completion of the hereby approved works a the review of the on site capabilities to cater for any intense rainfall event shall be undertaken in accordance with the recommendations contained within the approved Flood Risk Assessment document prepared by WYG and as date stamped as received by the local planning authority on the 30th March 2011. The review shall identify any requirements for a site wide drainage ditch system to ensure surface water can drain to an area where adequate infiltration can occur and be sized to allow for any storage of run off that is necessary. The development shall be implemented in accordance with the approved details. Reason - In the interest of pedestrian and highway safety, and to ensure that the proposed development is not prejudicial or a nuisance to adjacent dwellings, as specified in policy H2.2 of the Unitary Development Plan for the City of Manchester. 23) Prior to the commencement of the hereby approved works a Communications Strategy shall be submitted to and approved in writing by the City Council as local planning authority. The works shall be implemented in accordance with agreed details. The strategy shall include: - Confimation of contact details of relevant personel of the project; - A Signage strategy for the works - The notification method and timing of notification to residents and businesses of the nature and type of work involved in the works or any particular phase of works. Reason – To ensure that the development is undertaken in a managed and co-ordinated manner in the interests of residential amenity pursuant to policy H2.2 of the adopted Unitary Development Plan for the City of Manchester.

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24) Prior to the commencement of the works hereby approved, a proposed Local Employment Agreement strategy with the objective to ensure best endeavours are taken to recruit local people in the undertaking of the works, shall be submitted to and approved in writing by the City Council as the Local Planning Authority. The works shall then be implemented in accordance with the approved strategy. Reason - To facilitate the opportunity for local employment, pursuant to policy R1 of the Unitary Development Plan for the City of Manchester Local Government (Access to Information) Act 1985 The documents referred to in the course of this report are either contained in the file(s) relating to application ref: 095911/FO/2011/N2 held by planning or are City Council planning policies, the Unitary Development Plan for the City of Manchester, national planning guidance documents, or relevant decisions on other applications or appeals, copies of which are held by the Planning Division. Residents, businesses and other third parties in the area were consulted/notified on the application a full list of these will be made available at the committee meeting: Representations were received from the following third parties: Contaminated Land Section Greater Manchester Archaeological Unit Environmental Health United Utilities Water PLC Environment Agency Greater Manchester Ecology Unit British Waterways The Coal Authority Natural England Environment & Operations (Trees) Greater Manchester Police Crime Reduction Officer New East Manchester Transport For Greater Manchester 1, Corbett St, M11 4BD Relevant Contact Officer : Robert Griffin Telephone number : 0161 234 4527 Email : [email protected]

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Documents

Application Number Date of Appln Committee Date Ward · 2011-05-24 · Manchester City Council List No.14 Planning and Highways Committee 2 June 2011 Page 1 of 33 . Application Number