Birmingham City Council Planning Committee 30 January 2020 I submit for your consideration the attached reports for the South team. Recommendation Report No. Application No / Location / Proposal Approve – Conditions 9 2019/08881/PA 916 - 918 Bristol Road Selly Oak Birmingham B29 6NB Change of use to nursery, after-school club and Sunday School (Use Class D1) repositioning of fence and installation of play areas Approve – Conditions 10 2019/08019/PA Land to the north of Cartland Road and east of Pineapple Road Stirchley Birmingham B30 2YY Demolition of existing building and construction of new railway station including two platforms, the formation of forecourt area with vehicle 'drop-off', installation of steps and lifts and other associated works Page 1 of 1 Director, Inclusive Growth (Acting) Committee Date: 30/01/2020 Application Number: 2019/08881/PA Accepted: 28/10/2019 Application Type: Full Planning Target Date: 30/01/2020 Ward: Bournville & Cotteridge 916 - 918 Bristol Road, Selly Oak, Birmingham, B29 6NB Change of use to nursery, after-school club and Sunday School (Use Class D1) repositioning of fence and installation of play areas Recommendation Approve subject to Conditions 1. Proposal 1.1. Consent is sought for the change of use of two existing dwelling houses (Use Class C3) to a nursery, after school club and Sunday School (Use Class D1) including repositioning of fence and installation of play areas. The use would operate in conjunction with the Christian Life Centre which is next door to the site. 1.2. The premises would accommodate 50 children, aged between 0 – 11 years over both floors of the site. The internal arrangements would be altered to provide space across both properties. On the ground floor there would be: a sleep room, two rooms for 0-1 years, kitchen, utility, shower room, staff/disabled WC and entrance lobby. At first floor there would be: two rooms for 3-4 years, store, office, staff room, bathroom and three WC’s. 1.3. The external area has been altered with a hard surface play area created to the side of 916 Bristol Road and a soft play area to the rear of 916 Bristol Road. The outdoor area is divided from the remainder of the garden area and is bound by wooden panel fencing which includes a gate and would be the main access point for drop offs and pickups. 1.4. The nursery would operate across both floors up until 15:30 when the 0-1 years old would leave; the 3-4 year olds would use the downstairs and the upstairs would be used by the 5-11 year olds for the after-school club. When the nursery is running at full capacity the after-school club would be accommodated in the Church. On weekends the property would be used for religious teaching in conjunction with the Church. 1.5. There would be 9 members of staff employed to the run the nursery and afterschool club and two volunteers to run the Sunday School. 1.6. The nursery and afterschool club would operate: Mondays – Fridays 07:00 – 1800. The Sunday School would operate: Sundays 09:00 – 13:15 internally only. 1.7. There would be no parking provided for staff; staff parking would be located within the existing Church car park. There would be no vehicle drop off for parents its expected they will use the Church car park. Page 1 of 10 1.8. A Noise Impact Assessment has been submitted with the application. 1.9. The proposed development does not attract a CIL contribution. 1.10. Link to Documents 2. Site & Surroundings 2.1. The application site refers to a pair of semi-detached properties located on Bristol Road, on the edge of Selly Oak district centre. The pair are the first in a row of similar designed and scaled residential properties, with residential properties to the rear along Langleys Road. To the northeast of the site is the Christian Life Church, with a car park accessed from Langleys Road. The properties are under the ownership of the Christian Life Church. 2.2. Site Location Plan 3. Planning History 916 Bristol Road: - 3.1. 30/08/2018 - 2018/04631/PA - Change of use from existing dwelling house (Use Class C3) to 4-bed HMO (Use Class C4) – Approved subject to conditions. 3.2. 04/07/2019 – 2019/02565/PA – Change of use from dwelling house (Use Class C3) to a nursery and out of school club (Use Class D1) including external play area – Refused on the following grounds: the use of the property for a day nursery and after school club would have an adverse impact on the residential amenity of nearby occupiers, by reason of noise and disturbance. 918 Bristol Road: - 3.3. 30/08/2018 – 2018/04635/PA – Change of use from dwelling house (Use Class C3) to 4-bed HMO (House in Multiple Occupation) (Use Class C4) – Approved subject to conditions. 4. Consultation/PP Responses 4.1. Local Councillors, Residents Associations and neighbouring properties have been consulted and a site notice has been displayed. 4.2. Transportation Development – No objection subject to conditions requiring a Parking Management Plan, secure and sheltered cycle storage and temporary consent for the Sunday use. 4.3. Regulatory Services – Concerns raised regarding the outdoor space. 4.4. 22 letters of support and a petition signed by 106 people have been received stating the following: • Positive impact on community • Create employment opportunities Page 2 of 10 • There is a demand to help local parents • Would be a benefit to the community • Great location and easy to access • Will provide a facility for children to socialise and develop • Assisting Church funding stream to contribute back to the community • Benefit to work parents • Affordable childcare 4.5. 6 letters of objection and a petition signed by 46 people has been received raising the following concerns: • Out of keeping with character of area • There is a covenant in the deeds for property to remain as a family house • Properties not suitable for number of children • Increase in noise • Loss of residential amenity and enjoyment of property • Increase in comings and goings causing disturbance to neighbours • Increase in air pollution due to level of traffic • Quality of air near Bristol Road and the impact on children • Pressure on sewage system • Increase in on street parking • Lack of pedestrian visibility • Safety of children • Increase in overall traffic and road accidents • Existing noise and disturbance from Sunday use • Increase in litter • Disturbance to wildlife 4.6. Councillor Fred Grindrod – Supports application stating that the Applicant has taken significant time to meet with, listen to neighbouring households and local residents groups. They have worked hard to respond to concerns expressed and have improved their plans to mitigate against the issues that the residents have raised. 4.7. Steve McCabe MP – Supports the application stating that if approved, the application would allow the Church to continue to extend the positive impact they have on young people and the local community. The plans explain the goal is to create quality and affordable childcare for local area which will be welcomed by local parents and carers. The Applicant has made provisions for those using the nursery to park in the church to ensure local residents have enough space to work and do not face overcrowding. There are concerns about noise to neighbouring properties the Church proposes to a day nursery which means it will not affect the community in the evening; the noise survey also explains sounds from the proposed nursery are expected to be quieter than the sounds of traffic along Bristol Road. Overall if acceptable it would have a positive impact on the area and give local people access to affordable childcare. 5. Policy Context 5.1. The following local policies are applicable: • Birmingham Development Plan (2017) • Birmingham Unitary Development Plan 2005 (saved policies) • Car Parking Guidelines (SPD) Page 3 of 10 5.2. The following national policy is application • NPPF – National Planning Policy Framework 2019 6. Planning Considerations 6.1. Policy 6.2. The National Planning Policy Framework seeks to ensure the provision of sustainable development, of good quality, in appropriate locations and sets out principles for developing sustainable communities. The NPPF also emphasises that the Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. 6.3. Paragraph 8.15 of the UDP (saved policy) refers to the use of dwellinghouses as day nurseries. The relevant parts of this policy advise (in summary) that: ‘day nurseries should generally be confined to detached houses. Properties which may be particularly appropriate are those which have good separation from adjacent residential properties or which are not adjoined on all sides by other residential uses and those which have adequate onsite parking with suitable and safe access and egress.’ 6.4. ‘Semi-detached and terraced residential properties due to their proximity to other adjoining residential property are not generally suitable for the location of day nurseries, except where adjoined by non-residential uses. Proposals for semi- detached houses may be considered where it can be demonstrated that the number of children proposed or the location of nursery rooms is unlikely to cause undue noise and disturbance to adjoining residential occupiers, and no suitable alternative exists in a particular area’. 6.5. ‘Day nurseries will not be accepted in residential roads which have a general absence of non-residential traffic and contain houses capable of single family occupation’. 6.6. The main considerations are whether this proposal would be an acceptable development in principle, whether any harm would be caused to neighbouring occupiers in terms of amenity and impacts on highway safety.