Former Jacksons Brickworks site - off Ten Acres lane, Newton Heath

81 Pages·2014·0.3 MB·English

Manchester City Council Item 12
Planning and Highways Committee 16 October 2014

Application Number Date of Appln Committee Date Ward
098689/OO/2012/N1 5th Mar 2012 16th Oct 2014 Miles Platting And
Newton Heath

Proposal OUTLINE APPLICATION for development comprising up to 500
residential dwellings and 3,500 sq m of floorspace for B1(a) use
(Business), incorporating new vehicular and pedestrian access from Ten
Acres Lane, Hallam Road and Mitchell Street, Open space, landscaping
and public realm with access to be considered and all other matters
reserved.
Location Former Jackson Brickworks Site Off, Ten Acres Lane, Newton Heath,
Manchester
Applicant , Ten Acre Limited (In Administration), C/o KPMG LLP, St James
Square, Manchester, M2 6DS
Agent Mr Nik Wheeler, GL Hearn, 1 St James Square, Manchester, M2 6DN

Introduction

Members will recall that this application was brought before the Planning & Highways
Committee on 16th January 2014 with a recommendation that members be Minded
to Approve the scheme subject to a section 106 agreement relating to off-site
highway improvements works associated with this development; implementation of
enhanced/pedestrian/cycle links along the Rochdale Canal from Ten Acres Lane to
2/4 David Pegg Walk ; maintenance and management arrangements for all open
space, landscaped areas, ponds or other areas that are not within the curtilage of the
residential properties and the translocation of slow worm population.
Members deferred the application for a site visit.

The application was brought back before the Planning & Highways Committee on
13th February 2014 with a recommendation that members be Minded to Approve the
scheme subject to a section 106 agreement as above.

Members deferred the application for further information in relation to impact on
neighbouring residential roads from traffic generated by the development, additional
information in relation to contaminated land issues, further clarity on the potential
impact of the proposed industrial units on neighbouring residents and for further
discussions with the local community.

Following the Committee meeting in February 2014, further discussions have taken
place with the applicant who has revised the proposed development. The original
scheme had comprised up to 400 residential dwellings and 16,680 sq m of floorspace
for B1 use (Business) and B2 use (General Industry), incorporating new vehicular
and pedestrian access from Ten Acres Lane, Hallam Road and Mitchell Street, Open
space, landscaping and public realm with access to be considered and all other
matters reserved. The scheme which is now proposed, relates to development
comprising up to 500 residential dwellings and 3,500 sq m of floorspace for Class
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B1(a) office use , incorporating new vehicular and pedestrian access from Ten Acres
Lane, Hallam Road and Mitchell Street, Open space, landscaping and public realm,
with access to be considered and all other matters reserved.

The application relates to the former Jackson's Brickworks site , which covers an
area of 19.1 hectares ( 47 acres) and is located within the Miles Platting and Newton
Heath ward. The site was formerly occupied by a brickworks use and was
subsequently used as a waste tip. The site is bounded by the Rochdale Canal to the
north, Ten Acres Lane and the Astro Turf and Sport Complex, together with a small
cluster of residential properties and industrial uses to the west, with residential uses
to the east on Mitchell Street and Briscoe Lane Primary School and residential
dwellings to the south.

The site is currently vacant and is overgrown with self seeded trees and shrubs . The
eastern part of the site contains remnants of one of the brickworks buildings. Bunds
have been created to discourage unauthorised access particularly from Hallam Road
and Mitchell Street. The site rises in height by 10metres from Ten Acres Lane to
Mitchell Street in the east.

Planning History

Planning permission was granted for the erection of 126no. dwellings with access
and ancillary works on vacant land at Ten Acres Lane on 29th April 1999 subject to
conditions ( ref: 055319/FO/NORTH2/99).
Prior to the consent in 1999, an application for residential development on land at
Ten Acres Lane and Bower Street was approved on 13th March 1985 subject to
conditions.

A planning application has also been submitted to erect a new part single, part two
storey building to form a new National Taekwondo Centre (Use Class D2) adjacent
to the Astro Turf and Sport Complex on Ten Acres Lane (ref:106686/FO/2014/N1).

Description

This proposal seeks outline planning permission to develop a mixed use scheme
which incorporates up to 500 residential dwellings and 3,500 sq m of floorspace for
B1(a) use (Offices), incorporating new vehicular and pedestrian access, open space,
landscaping and new public realm.

This is an outline application for which permission is sought for the principle of the
uses on the site and access. All other matters are reserved, including layout, scale,
external appearance and landscaping.

The scheme proposes three main vehicular access points one located on Ten Acres
Lane, one from Hallam Road and one from Mitchell Street. Whilst the details of the
site layout are reserved for future determination , the illustrative masterplan
accompanying the planning submission indicates the proposed residential elements
of the development as being located in the central and eastern parts of the site being
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from Hallam Road and Mitchell Street, with the Class B1 (a) ( Business) floorspace
being located at the western side of the site directly accessed from Ten Acres Lane.
However, the masterplan also shows internal link roads throughout the site.

The applicant envisages the proposed business floorspace comprising a range of
units with varying floorspaces, and being 2-3 storeys (maximum of three storeys )in
height. However, the details would be determined at the reserved matters stage of
the process.
The illustrative plan also includes the provision of a vehicular turning circle within the
site boundary in close proximity to the Hallam Road access and adjacent to Briscoe
Lane Primary School.

As part of the proposed development off site highway improvement works are
proposed, which incorporate a reconfiguration of the Ten Acres Lane/Oldham Road
junction to provide a crossroads with the Gateway junction into Central Park North,
and also junction widening on the Ten Acres Lane/ Briscoe Lane junction to enhance
capacity.

The proposed residential element of the proposal has been shown on the illustrative
masterplan as being in block formations linked to internal circulation routes, with a
linear run of dwellings along the south -eastern boundary of the site to demonstrate
that the maximum number of dwellings proposed could be accommodated on the
site, with due regard to topography, and relationship to existing street patterns and
landscape. The siting of dwellings, however, would not be determined until the
reserved matters stage of the planning process. The illustrative masterplan also
indicates that the residential development would be predominantly 2 to 2.5 storeys
with three storey units in key focal points within the proposed development.

Although landscaping is a further matter to be considered at the reserved matters
stage of the process, the illustrative masterplan provides an indication of how
landscaping and open space could be integrated into the site to include key areas of
green space, and the potential for green corridors running through the site and linking
with the adjacent canal route. The main areas of retained green space at the site are
situated at the site boundary, in particular adjacent to the Rochdale Canal, and within
the area adjoining Ten Acres Lane to the north of the proposed access to the site.
There is also the potential to incorporate a children's play area within the centre of
the residential section of the site.

The applicant envisages that the construction of the proposal would be phased over
a number of years, with the first residential development taking place at the eastern
end of the suite progressing to the south and centre of the site; the first commercial
phase fronting onto Ten Acres Lane , with phase two being developed towards the
east and into the site , and construction access being taken from Ten Acres Lane.

An Environmental Statement has been submitted considering the following issues:

- Nature Conservation;
- Water Resources;
- Ground Conditions and contamination;
- Noise ;
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- Air quality;
- Landscape and Visual Change;
- Traffic and Transport;
- Cultural Heritage
- Social and Economic effects.

This has been updated by an Environmental Screening Report dated August 2014.

A scoping opinion was issued by the Local Planning Authority on 2nd February
2011.

Consultations

The revised proposal was advertised on site (1st September 2014), and in the press
(29th August 2014) as being a Major Development, and as being an application
accompanied by an Environmental Statement.

The original proposal was advertised on site (4th April 2012), and in the press ( 27th
March 2012) as being a Major Development, and as being an application
accompanied by an Environmental Statement.

Local Residents/Local Businesses- 667 residents and local business have been
notified in regard to both the original and revised schemes on 22nd March 2012,
11th December 2013 and 20th August 2014 respectively.

5 further objections have been received from residents on Southgate Avenue, Hallam
Road, Morse Road , and Morecambe Close respectively in relation to the latest
revised scheme when local residents and local business were notified on the 28th
August 2014.
The objections relate to :-

- The revised plans have taken into account objections to the industrial sites
being placed so close to residential properties and have been reduced in size
and restricted to B1(a) Business, but all other objections raised by residents in
the area appear to have been ignored. The main concern for people in
Hallam/Morse Road is the proposal to make Hallam Road a through road.

- There is a nursery on Hallam Road and an access path to the Briscoe Lane
Academy, consequently, there is already a problem with traffic in the mornings
and afternoons, when parents drop children off. The road is not very wide and
due to buildings either side, it is not possible to remedy the situation. Cars are
double parked most mornings and afternoons so where would the through
traffic go?

- The Nursery on Hallam Road now has more children using the facility since it
was taken over. This means more people walking their children to Nursery
,and more people driving and parking their cars on both sides of Hallam Rd,
not only on the roads but mainly on the pavements. To use Hallam Road as
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an access route to the proposed works would be an absolute nightmare and
also a safety issue as far as the children are concerned. Briscoe Lane school
has an access at the top of Hallam Rd which is also used by the children who
go to Breakfast Club which starts at 8 am. The school deliveries for Food,
School Equipment , Waste Collection all use the access at the top of Hallam
Road. The Brighter Beginning’s Nursery also has their access for delivery on
Hallam Rd. Residents on Hallam Road also park their cars on Hallam Road.
Hallam Road is only a small narrow side road and was never built to take
heavy traffic, they already get vibrations in our houses when any large wagons
go up the road.

- The site was a tip where all sorts of rubbish was dumped, including chemicals
and hospital waste. Infections if dormant , could be released when the ground
is disturbed to undertake development.

- They have had problems with strange substances coming from the drain at the
top of the road for many years. They know that the land is contaminated and
we also know that every planning application in the past has been refused.

- Objections are raised on the grounds Health and Safety issue of the children
and Parents using Hallam Rd Nursery and Children attending Briscoe lane
Nursery.

- There is no play equipment locally to keep children occupies during school
holidays, due to budget cuts. This leads to vandalism. The development of
larger family houses ( whilst the resident wishes to state they are not against
children ) could lead to increased vandalism.

- Has concerns that when large residential developments have been built , that
due to budget cuts , not all ancillary facilities have been provided to support
the development.

- Concerns if properties are built right up to the tow path, and would like
assurances that this would not occur , as this would be imposing to have
buildings so close after looking out overran open space for 30 years. However,
would support the application if there were assurances that he edge of the
towpath is landscaped and gardens meet the landscaped area.

- Mitchell Street used to be the access road to the Former Jacksons Brick works
and is still there. Ten Acres Lane would not affect residents as it already has a
lot of Commercial and Retail Traffic. Why try to use a residential road as an
access route for a building site?.

- Residents will be virtually living on a building site for many years. When the
nursery extension work was undertaken there was 10months of tremendous
vibration , noise, dirt, dust ,mud and pollution on the road caused by heavy
plant vehicles. The proposal for development lasting 8 years would be totally
unacceptable, because of the upheaval it would cause.

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- If and when any work starts on the proposed land the disturbance could mean
that they will be over-run with rats and mice, because their habitat and nests
will have been disturbed.

- The highway plan from Curtins Consulting detailing the road narrowing on
Hallam Road and Mitchell Street will not improve traffic flow or safety.

- Increase in traffic and noise would adversely impact on residents living on
Hallam Road, Morse Road and Mitchell Street.
- The school's, doctor's and dentist's in the local area do not have the capacity
for the future occupiers of 500 homes.

- The proposed offices would employ hundreds of staff who would have
transport adding to the numbers of cars from 500 dwellings, which would
greatly add to traffic using the access roads.

- None of the residents have been notified of this new application, something
that the council has an obligation to notify anyone that may be affected by this.

- The last time this application was sent in to the Town Hall Planning residents
were told there would be a meeting arranged to discuss plans and our
objections, this has not happened.

- Residents feel there seems more interest in fulfilling their commitment to
provide adequate housing, ridding the area of a disused piece of wasteland
and improving transport links, without bothering to inform the people who will
be directly affected by this application.

- Following the re-notification with local residents and local business on 11th
December 2013, 12 letters of objection and 1 e-mail were received from local
residents on Halliday Road( 1), Morse Road (7), Morrison Walk (1), Hallam
Road (4).
- The grounds of objection related to :-

- Adversely affecting wildlife and spoiling an area of natural beauty. There is
very little greenbelt in Manchester, as it is without diminishing it even further;
- Loss of views;
- The proposed building works will give rises to noise and inconvenience , and
there will be health risks from the disturbance of wildlife causing an infestation
of mice and rats once the ground is disturbed, which also happened when
the nursery extension was built a few years ago;
- -The site was a tip where all sorts of rubbish was dumped, including chemicals
and hospital waste. Eventually a ninety foot hole was infilled. Therefore, once
these foundations are disturbed for building there will be more than just
contaminated soil to be treated. Concerns are that methane gas and asbestos
would be released causing a health hazard. One residents advises that
methane is supposed to be vented off , but that this is not happening. Another
resident seeks assurance that the site can be developed in a safe manner,
and that any toxic waste is removed from the site rather than relocated to
other parts of the site;
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- A resident has raised concerns about possible detrimental effects such as
landslides and subsidence, and advises that drainage problems already exist
due to the excess water/sludge from this land;
- Concerns has been expressed regarding noise from building work, and from
increased;
- Hallam Road and Morse Road are small narrow roads, and are already used
when dropping and picking up school children. They could not cope with any
extra traffic from cars and lorries using both the main access areas to the
proposed development. At present the land is securely fenced off leaving it
quite and a safe environment for families;
- Concerns are expressed over increased amounts of traffic, subsequent rise in
pollution , wear and tear to footpaths and road surfaces, and underlying
infrastructure and noise this proposal would create;
- Residents feel increased amounts of traffic would create major issues with
safety on Hallam Road, if the plan to turn this route into a through road are
approved. They advise this road is already subject to heavy amounts of traffic
in both the morning and evening period, coinciding with parents collecting and
dropping off children at the school and nursery, both of which have access
points on Hallam Road. They state that the road becomes heavily congested
with cars parked on both sides of the road making navigation difficult, and are
concern about how much this would be increased by the proposed residential
and commercial development which is proposed;
- The highway plan from Curtins Consulting detailing the road narrowing on
Hallam Road and Mitchell Street will not improve traffic flow or safety;
- Increase in traffic and noise would adversely impact on residents living on
Hallam Road, Morse Road and Mitchell Street;
- The school's, doctor's and dentist's in the local area do not have the capacity
for the future occupiers of 400 homes;
- One resident expresses concerns that the deadline for comments was tight in
their view.
- A resident has advised that they have retained rear access to their property by
regular use of the land via gated access, and seeks re-assurance in respect
of consideration to public rights of way , which she advises exist due to
consistent use of pathways for several decades across the land.
- The land is regularly used for recreational use and local access and has
evolved into natural reservation for many species of birds, foxes, bats, slow
worms, trees and plants. How will the proposed development address
protecting the environment for protected species?

A further letter from residents at 7 Hallam Road, advises that whilst they do not
object to the plan they are of the view that the use of Hallam Road, as an entrance
/exit route is flawed due to the width of the road and that it is already used by the
school and nursery for access/egress, and is already busy and dangerous to children
and parents, and the proposal would make this worse.

In relation to the comments received when the application was first submitted,13
letters of objection and 1 letter advising that the development would be a good thing
for the area, but raising some concerns were received from local residents on
Halliday Road (1), Morse Road (4), Morrison Walk (2), Southgate Avenue, Briscoe
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Lane (1), and Hallam Road (5) were received when residents were notified in March
2012.
The grounds of objection related to:-
- Adversely affecting wildlife and spoiling an area of natural beauty. There is
very little greenbelt in Manchester as it is without diminishing it even further;
- Part of the site should be retained as a nature reserve;
- The discharge of water into the Rochdale Canal from this site could cause
damage to wildlife in and around the canal , and could contaminate the water
downstream;
- Loss of sunlight;
- Loss of views;
- Proposal would increase noise levels from trucks , vans and lorries coming
and going from the site at unsocial hours when the commercial units are open;
- The proposed building works will give rises to noise and inconvenience , and
there will be health risks from the disturbance of wildlife causing an infestation
of mice and rats once the ground is disturbed, which also happened when
the nursery extension was built a few years ago;
- The site was a tip where all sorts of rubbish was dumped, including chemicals
and hospital waste. Eventually a ninety foot hole was infilled. Therefore, once
these foundations are disturbed for building there will be more than just
contaminated soil to be treated. Concerns are that methane gas and asbestos
would be released causing a health hazard. One residents advises that
methane is supposed to be vented off , but that this is not happening;
- One resident advises that when the site was tested with boreholes in 1995 the
people undertaking the drilling told residents the site could not be developed
for housing;
- Concerns has been expressed regarding the depth of the boreholes , as the
former clay pit was greater in depth;
- The contaminated land survey appears to have only been undertaken in areas
where no problems would appear;
- Access from Hallam Road would not be safe as it is used for access to the
school/nursery with cars double parking to drop children off, thus causing
hazards to both drivers and children;
- Hallam Road was not designed to accommodate large number of vehicles,
and is already a busy road at school opening and closing times. Residents do
not feel it can handle any more traffic , and that it additional traffic would
parents and children in danger;
- Hallam Road would be used by commercial vehicles going to the industrial
development on the site. Although traffic calming measures are shown to the
bottom of Hallam Street and Mitchell Street, these measures would not stop
large vehicles using these streets, or calm the traffic. These obstructions
would also have be designed to enable a fire engine to get through and would
therefore enable large vehicles to got through;
- A highway plan from Curtins Consulting highlights that Hallam Road and
Mitchell Street will be narrowed at corner junctions with Briscoe Lane. This
would cause more accidents as it would not only cause a blind spot, but there
is no room for two cars coming in and out at the same time, thus causing a
backlog of traffic on Briscoe Lane. Residents advise that they do not
understand what the aim is in making theses alterations , as it would make it
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impossible for delivery vans delivering goods to the school to drive though
without causing any unnecessary damage to other parked vehicles;
- Will put a considerable strain on the already busy roads in the area, with more
cars and commercial vehicles;
- Increase in traffic and noise would adversely impact on residents living on
Hallam Road , Morse Road and Mitchell Street;
- The drainage system of Hallam Road and Morse Road is old and cannot cope
now. The land on the application site is at a higher level than the adjacent
housing, and has some from of soakaway , when this is built on , residents
have fears over flooding;
- Hallam Road should not be used as a construction site access;
- The school's doctor's and dentist's in the local area do not have the capacity
for the future occupiers of 400 homes, and there is no secondary school
locally;
- The local area has seen a reduction in frequency of bus services to other
districts;
- The local youth centre has been closed . Residents are concerned about
future trouble from youths and with vandalism, and that this would not be dealt
with by the developer;
- The proposed development would turn a little community where most people
know each other into a sprawling estate;
- There are already a large number of houses and apartments under
construction on Oldham Road , and Culcheth Lane, together with those
recently completed on Dean Lane and Ceylon Street must surely saturate the
area's need for housing;
- Investment in a decent shopping area should be a higher priority than more
housing, and a section of the old brick works site nearest to Old Church
Street which was used for kilns and offices etc and not included in the landfill,
could easily be used for this to the benefit of the whole community . The
remaining area could be landscaped and Newton Heath given the green
space which was promised by Manchester City Council some 25/30 years ago
and again approximately 10 years ago;
- _ There are other alternatives to increase residential accommodation in
Newton Heath such as the empty FIS building which would make ideal
apartments , the former abattoir site and the Tootal and Livingstone Mills,
rather than disturbing potentially dangerous and contaminated land.

Environment Agency - The Agency have previously advised that they had no
objection in principle to the proposed development, but recommend conditions
relating to (i) surface water drainage,
(ii) a scheme to be agreed to protect the buffer zone around the Rochdale Canal
SBI; (iii) a scheme to be agreed to ensure that the landscape within the site is
managed in such as way as to protect the ecological value of the site including the
Rochdale Canal, linking retained semi-natural greenspace and integrated SUDs
network;(iv) a detailed method statement for the removal or long-term management
/eradication of Japanese knotweed, cotoneaster, Japanese rose on the site; (v) a
scheme to deal with the risks associated with contamination of the site

Following re-consultation they have advised that the site falls within flood zone 1 and
confirmed that the Agency no longer comment of flood risk issues in flood zone 1,
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and refer to their standing advice. They also confirm that other than this all of their
previous comments apply.

English Heritage - Advise on the basis of the information provided , they do not
consider to necessary for this application to be notified to English Heritage.

East Manchester Regeneration- Welcome the plans for the regeneration of the site
that in broad terms supports the East Manchester SRF Development Frameworks for
the area and the proposals when implemented will support the sustainability of the
nearby Newton Heath District Centre through the potential increase in footfall.

The framework for Newton Heath quotes the former Jackson's Brickwork Site as a
site for new high quality housing and at the detailed application stage the scheme
should be weighted towards 3 and 4 bedroom family housing . The proposed
business units are consistent with the Central Park framework area. They wish to
stress the importance of flexible units with businesses having the ability to reduce
or expand their operations without having the need to relocate. In terms of business
activity given close proximity of residential properties the application form specifies
B1 which is acceptable .The spatial location and split between employment uses and
residential use is also acceptable .

They support the provision of amenity/ play space as a principle however a
significant amount of amenity space is proposed here that will have implications in
terms of future maintenance of the space and any detailed application will need to
show sustainability and how the areas will be maintained. They would support the
amenity alongside the canal towpath and quality planting schemes to buffer the
employment area from the residential areas. Any play areas must show how they will
be maintained in the future .

Local concerns have been raised about access via Hallam Road and Mitchell St that
would require improvements at the junctions to satisfy the additional volume of
traffic. Mitigation measures to address any safety concerns and prevent commercial/
business traffic going through the area should be considered at the detailed stage.

They would want any scheme to offer improved links to local services that encourage
people to walk to facilities as opposed to using the car. Given the close proximity of
the centre and the metro link station, contributions towards improving the towpath
and other footpaths that links to the District Centre from the development should be
considered (i.e. surfacing / security).

Given the potential opportunity at the construction stage and the business units
proposed any detailed approval would need to show a commitment to supporting
local employment / recruitment initiatives.

Head of Environmental Health - Recommends following conditions are attached to
any approval.
Classes B1 (Business) use
Deliveries hours; acoustic insulation of the premises and externally mounted
equipment, refuse storage, and hours of operation
Class C3 - Residential
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