Environmental Statement Beorma Quarter, , UK

On behalf of: Salhia Investments (Birmingham) Limited

Salhia Investments (Residential) Limited

Project Reference: 014-1309

Revision: REV 00

Date: August 2015

Earth & Marine Environmental Consultants Ltd 58 Low Friar Street Newcastle NE1 5UE UK

[email protected] www.eame.co.uk

Salhia Investments (Residential) Ltd Environmental Statement Salhia Investments (Birmingham) Ltd Beorma Quarter (Phase 2 & 3), Birmingham

Document Control Record Revision Date Author(s) Authorised by Reason for Change

00 11/08/15 DCW/MJS SPR First issue to client

COMMERCIAL-IN-CONFIDENCE This document and all the information contained within it are proprietary to Earth & Marine Environmental Consultants Ltd (hereinafter called EAME) and are supplied in confidence. This document is not to be reproduced in whole or in part nor disclosed to any third party without the prior written permission of EAME. Nor shall it be used otherwise than for the purpose for which it has been supplied.

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Salhia Investments (Residential) Ltd Environmental Statement Salhia Investments (Birmingham) Ltd Beorma Quarter (Phase 2 & 3), Birmingham

Contents Page

1 Introduction 1-1 1.1 Background 1-1 1.2 Structure of the Environmental Statement 1-2

2 Existing Site Description 2-1 2.1 Introduction 2-1 2.2 Baseline Environmental Conditions 2-4

3 Proposed Development 3-1 3.1 Introduction 3-1 3.2 Previous Proposals and Approvals 3-3 3.3 Phases 2 & 3 Development Proposals 3-5 3.4 Design Principles 3-8 3.5 Site Management 3-11 3.6 Alternatives to the Proposed Development 3-12

4 Assessment Methodology 4-1 4.1 Introduction 4-1 4.2 Legislation and Policy Context 4-2 4.3 Assessment Methodology and Significance Criteria 4-3 4.4 Scope of the EIA 4-4

5 Planning Policy Framework 5-1 5.1 Introduction 5-1 5.2 Planning Policy Context 5-1 5.3 National Planning Policy 5-2 5.4 Local Planning Policy 5-8 5.5 Overall Summary 5-53

6 Socio-Economic Issues 6-1 6.1 Introduction 6-1 6.2 Legislation and Policy Context 6-1

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Salhia Investments (Residential) Ltd Environmental Statement Salhia Investments (Birmingham) Ltd Beorma Quarter (Phase 2 & 3), Birmingham

6.3 Assessment Methodology and Significance Criteria 6-11 6.4 Baseline Conditions 6-16 6.5 Assessment of Impacts 6-28 6.6 Assessment of Cumulative Impacts 6-40 6.7 Enhancement, Mitigation and Residual Effects 6-43 6.8 Summary 6-43

7 Townscape and Visual 7-1 7.1 Introduction 7-1 7.2 Legislation and Policy Context 7-1 7.3 Assessment Methodology and Significance Criteria 7-8 7.4 Baseline Conditions 7-11 7.5 Assessment of Project Impacts and Mitigation Measures 7-18 7.6 Summary 7-21

8 Archaeology and Cultural Heritage 8-1 8.1 Introduction 8-1 8.2 Legislation and Policy Context 8-1 8.3 Assessment Methodology and Significance Criteria 8-7 8.4 Baseline Conditions 8-13 8.5 Assessment of Project Impacts 8-28 8.6 Assessment of Cumulative Impacts 8-33 8.7 Impact Mitigation and Residual Effects 8-33 8.8 Summary 8-34

9 Traffic and Transport 9-1 9.1 Introduction 9-1 9.2 Legislation and Policy Context 9-1 9.3 Assessment Methodology and Significance Criteria 9-8 9.4 Baseline Conditions 9-8 9.5 Assessment of Project Impacts 9-13 9.6 Assessment of Cumulative Impacts 9-15 9.7 Impact Mitigation and Residual Effects 9-16 9.8 Summary 9-19

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Salhia Investments (Residential) Ltd Environmental Statement Salhia Investments (Birmingham) Ltd Beorma Quarter (Phase 2 & 3), Birmingham

10 Air Quality 10-1 10.1 Introduction 10-1 10.2 Legislation and Policy Context 10-1 10.3 Assessment Methodology and Significance Criteria 10-5 10.4 Baseline Conditions 10-13 10.5 Assessment of Project Impact 10-16 10.6 Assessment of Cumulative Impacts 10-21 10.7 Impact Mitigation and Residual Effects 10-21 10.8 Summary 10-22

11 Noise and Vibration 11-1 11.1 Introduction 11-1 11.2 Legislation and Policy Context 11-1 11.3 Assessment Methodology and Significance Criteria 11-4 11.4 Baseline Conditions 11-7 11.5 Assessment of Project Impacts 11-11 11.6 Assessment of Cumulative Impacts 11-14 11.7 Impact Mitigation and Residual Effects 11-14 11.8 Summary 11-16

12 Ecology and Nature Conservation 12-1 12.1 Introduction 12-1 12.2 Legislation and Policy Context 12-2 12.3 Assessment Methodology and Significance Criteria 12-5 12.4 Baseline Conditions 12-10 12.5 Assessment of Impacts 12-14 12.6 Assessment of Cumulative Impacts 12-18 12.7 Enhancement, Mitigation and Residual Effects 12-18 12.8 Summary 12-22

13 Water Quality and Hydrology 13-1 13.1 Introduction 13-1 13.2 Legislation and Policy Context 13-1 13.3 Assessment Methodology and Significance Criteria 13-4 13.4 Baseline Conditions 13-4

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Salhia Investments (Residential) Ltd Environmental Statement Salhia Investments (Birmingham) Ltd Beorma Quarter (Phase 2 & 3), Birmingham

13.5 Assessment of Project Impacts 13-13 13.6 Assessment of Cumulative Impacts 13-15 13.7 Impact Mitigation and Residual Effects 13-15 13.8 Summary 13-18

14 Soils, Geology and Contamination 14-1 14.1 Introduction 14-1 14.2 Legislation and Policy Context 14-1 14.3 Assessment Methodology 14-5 14.4 Baseline Conditions 14-13 14.5 Assessment of Project Impacts & Mitigation 14-49 14.6 Assessment of Cumulative Impacts 14-52 14.8 Summary 14-53

15 Wind and Microclimate 15-1 15.1 Introduction 15-1 15.2 Legislation and Policy Context 15-5 15.3 Assessment Methodology and Significance Criteria 15-6 15.4 Baseline Conditions 15-12 15.5 Assessment of Project Impacts 15-14 15.6 Assessment of Cumulative Impacts 15-18 15.7 Impact Mitigation and Residual Effects 15-18 15.8 Summary 15-19

16 Daylight, Sunlight, Overshadowing and Night Light 16-1 16.1 Introduction 16-1 16.2 Legislation and Policy Context 16-6 16.3 Assessment Methodology and Significance Criteria 16-8 16.4 Baseline Conditions 16-12 16.5 Assessment of Impacts and Mitigation Measures 16-14 16.6 Summary 16-22

17 Telecommunication Interference 17-1 17.1 Introduction 17-1 17.2 Legislation and Policy Context 17-1 17.3 Assessment Methodology and Significance Criteria 17-2

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17.4 Baseline Conditions 17-11 17.5 Assessment of Project Impacts 17-14 17.6 Assessment of Cumulative Impacts 17-15 17.7 Impact Mitigation and Residual Effects 17-16 17.8 Summary 17-17

18 Waste Management 18-1 18.1 Introduction 18-1 18.2 Legislation and Policy Context 18-1 18.3 Assessment Methodology and Significance Criteria 18-3 18.4 Baseline Conditions 18-3 18.5 Assessment of Project Impacts 18-4 18.6 Assessment of Cumulative Impacts 18-7 18.7 Impact Mitigation and Residual Effects 18-7 18.8 Summary 18-13

19 Conclusions 19-1 19.1 Introduction 19-1 19.2 Overview of the Development 19-1 19.3 Overall Conclusion 19-3

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SECTION 1: INTRODUCTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

1 Introduction

1.1 Background

Earth and Marine Environmental Consultants Limited (EAME) were commissioned by Salhia Investments (Birmingham) Limited and Salhia Investments (Residential) Limited (jointly, the Client, site owner & developer) to compile an Environmental Statement (ES) as defined by the Town and Country Planning (Environmental Impact Assessment) ( and Wales) Regulations 2011 (as amended). This based on an Environmental Impact Assessment (EIA) that is required in association with the planned re-development of a moribund site in with a mixed use city centre development comprising office, retail, and residential uses with associated support buildings and infrastructure. The subject site, to be known as The Beorma Quarter is located on the south eastern edge of Birmingham city centre at an approximate NGR: SP0748, 8656 (Figure 1.1). The development site comprises the following addresses: the 123-143 Digbeth, 3-5 park Street, 81-93 Allison Street and adjoining land.

Beorma Bullring Rotunda

St Martins

Figure 1.1: Site Location

It should be noted that an earlier similar form of the proposed development on the same site has previously been subject to an EIA, submitted for planning approval and subsequently granted consent (BCC Ref 2012/02104/PA). Phase 1 of that consented development was consequently implemented and is presently under construction, but Phases 2 and 3 were not implemented and have subsequently been amended. It is these revised Phases 2 and 3 that are now the subject of a new planning submission and associated EIA. The EIA has, where relevant, drawn upon the findings of the earlier EIA study where appropriate. This is referred to where relevant in the various technical chapters that follow.

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SECTION 1: INTRODUCTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

At the outset of the Environmental Impact Assessment (EIA), an Environmental Scoping Study was undertaken to identify the key environmental issues associated with the proposed development and to set out the proposed assessment methodology and factors that would be considered during the EIA. The Scoping Report, which was submitted formally to Birmingham City Council (BCC) and involved consultation with and feedback from the following statutory bodies and information sources:

 Environment Agency information on water quality and abstractions, groundwater source protection zone and flood risk;

 Landmark Report/Historical Maps (http://www.landmark.co.uk);

 the UK National Air Quality Information Archive (http://www.airquality.co.uk);

 MAGIC (Multi-Agency Geographic Information for the Countryside) website for land designations;

 Birmingham International Airport and the Civil Aviation Authority on potential issues with aviation in the Birmingham area;

 Previous reports available for the site; and

 Information provided by members of the development design team.

The Scoping Report is presented in Appendix 1, along with the Consultee Responses.

1.2 Structure of the Environmental Statement

This ES has been prepared by EAME, with assistance and input from other members of the Project Design Team, as outlined in Table 1.1.

This ES is volume one of a three volume set of documents that comprise the following:

 Volume 1 – Non Technical Summary and

 Volume 2 - Environmental Statement

 Volume 2 – Supporting Technical Appendices

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SECTION 1: INTRODUCTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Table 1.1: ES Sections and contributors

ES Section Section Title Principal Contributor

01 Introduction Earth and Marine Environmental Consultants (EAME) Environmental Consultants

02 Existing Site Description Earth and Marine Environmental Consultants (EAME) Environmental Consultants

03 The Development Earth and Marine Environmental Consultants (EAME) Proposals Environmental Consultants Broadway Malyan (BM) Architects

04 Details of the Assessment Earth and Marine Environmental Consultants (EAME) Methodology Environmental Consultants

05 Planning Policy Alistair Grills Associates (AGA) Planning Consultants, Planning Application Co- ordination

06 Socio-economic Issues Greengage (GG) Socio-economic consultants

07 Townscape and Visual Bell Fischer Landscape Architects (BFLA) Impact Landscape Consultants

08 Archaeology & Cultural WH H Van Sickle (WVS) Heritage Topographical and Architectural History Headland Archaeology (HA) Archaeology

09 Traffic and Transport AECOM (AECOM) Transport Consultants

10 Air Quality Air Quality Consultants Ltd (AQ) Air Quality Consultants

11 Noise and Vibration Hoare Lea Acoustics (HLA) Noise Consultants

12 Ecology & Nature The Ecology Consultancy (EC) Conservation Ecology Consultants

13 Water Quality and Burohappold Engineering (BE) Hydrology Engineering Consultants

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SECTION 1: INTRODUCTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

ES Section Section Title Principal Contributor

14 Soils, Geology & Land Burohappold Engineering (BE) Contamination Engineering Consultants

15 Wind and Microclimate Burohappold Engineering (BE) Engineering Consultants

16 Daylight, Sunlight, Earth and Marine Environmental Consultants (EAME) Overshadowing and Environmental Consultants Nightlight

17 Telecommunication GTech Surveys Ltd (GS) Interference Broadcast and telecommunications consultancy

18 Waste Management Earth and Marine Environmental Consultants (EAME) Environmental Consultants Broadway Malyan (BM) Architects

19 Summary and Conclusions Earth and Marine Environmental Consultants (EAME) Environmental Consultants

All volumes should be consulted for a full account of the EIA. It should also be noted that figures are presented in A3 format or embedded in the text in this suite of documents, but full size drawings (where relevant) are presented in the main planning submission.

Any queries related to this ES should be directed in the first instance to [email protected] with “Beorma Quarter” in the subject line.

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

2 Existing Site Description

2.1 Introduction

The site is located on the south eastern edge of Birmingham city centre at an approximate National Grid Reference (NGR) of SP0748, 8656. The site is set in an area of retail, commercial and light industrial usage (although a number of residential conversions are evident). In terms of surrounding land-uses, these can be summarised as follows:

 It is bound to the north west by the Bull Ring car park;

 to the north east by Well Lane, beyond which is the former RTP Crisp building (which has recently been redeveloped as residential apartments) and a number of buildings in light industrial use;

 to the west by Park Street, beyond which is Selfridges, the Bull Ring and other retail outlets;

 to the south west by the A41 beyond which are buildings in commercial/retail usage and St Martin’s Church; and

 to the east by Allison Street, beyond which is a Police Station and a building in industrial use, beyond which are buildings manly in commercial/retail usage.

The proposed development area is approximately 0.77 hectares (approximately 1.9 acres) and presently comprises a number of properties, some moribund, with a variety of former uses including residential flats, retail outlets, a public house, offices, disused former Cold Store (ice manufacture), disused public house, disused picture house, unoccupied unit, disused lock up garage building and a pay and display car park (unsurfaced). Orwell Passage, a cobbled lane, extends onto the site from Allison Street. An aerial photograph of the site and surrounding areas (Figure 2.1) shows the adjacent land uses. The existing site layout is presented in Figure 2.2. The approximate areas are shown of the Phase 2 & 3 development (which is the subject of this ES) and the Phase 1 development (approved and under construction).

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Figure 2.1: Aerial photograph of site and immediate surrounds.

Phase 2 & 3

Phase 1

Figure 2.2: Existing Site Layout (note: Phase 1 is under construction)

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

A topographical survey indicates that ground elevations vary across the site from circa 111.0m above Ordnance Datum (AOD) in the northwest corner to circa 106.0 metres AOD in the south eastern area of the site; this equates to a 5.0 metre difference in level across the site in a north west to south east direction.

The site’s setting can best be characterised as being urban, with a mixture of retail, commercial and to a lesser extent light industrial land uses, but it is recognised that there are potentially sensitive residential areas in the locality that need to be taken into account in the assessment and implementation of the development.

The findings of the planning and land use history review (from historical maps and archaeological reports) for the various sections of land comprising the site are summarised below and discussed in greater detail in Sections 5, 8 and Section 14. The historical maps are presented in Appendix 14.1.

2.1.1 The Site

The site is known to be located within an area of Birmingham which is rich in archaeology dating back to at least the twelfth century. The site dates back to medieval times when the town of Birmingham was first developed, being located within the early medieval core of the city. The site, since its initial development in the twelfth century, has been occupied by a wide variety of trades people and small businesses prior to the 1900s. In addition a twelfth century boundary ditch (Hersum Ditch) is thought to extend onto the site from the Park Street car park development adjacent to the northwest of the site. By 1795 the George Inn was located in the south western corner of the site and Allison Street had been constructed; Well Lane was constructed by 1828. The map of 1860 shows that the site is well developed with burgages, characterised by groups of long, thin plots with narrow frontages on to a main street. The map also identifies a museum, public house and music hall in the western site area, along the western boundary, and a cistern (underground water system) in the north eastern site area. The first edition OS map indicates that the area in the north of the site does not follow the burgage plot system, this area is more open and spacious and is likely to have been laid out in the nineteenth century. By the mid nineteenth century many of the yards behind the Digbeth properties contained courtyard housing (these were in fact recorded in the 1832 rate book, and some of which may be considerably older than that date). These courtyard houses remained until the end of the nineteenth century.

The Ordnance Survey map of 1890 indicates that the site had been developed with a number of residential or commercial properties. By 1905 however, a number of the buildings in the south-eastern area of the site were absent, a larger unidentified building now located in this area, on the southern boundary, which on the map of 1937 was annotated as an ice factory and by 1952 as cold storage. By 1927, there had been further reconfiguration of the buildings

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

on site and a picture house and public house were present on the western boundary. Also by 1937, a number of warehouses (including the former picture house), a weighing appliances works and a social club were also located on the site. Orwell Passage had also been developed leading from the eastern boundary through to the centre of the site. By 1971, the ice factory and cold storage was annotated as a cold storage depot, and by 1978 simply as a depot. By 1992, the warehouse on the northern boundary of the site was no longer shown. Since 1992 there have been no significant changes on the site configuration although the uses of the occupiers of the buildings may have changed periodically.

The site in recent history has been made up of a number of property holdings in a variety of uses including A1 Retail, A2 professional services, A4 Drinking Establishment, B1 office, B8 Storage, C3 residential and D2 leisure, with an area of car parking accessed off Well Lane. The site is located within the Digbeth, Deritend and Bordesley High Streets Conservation Area No. 31 and the cold store is a Grade 2 listed building (Digbeth Coldstore). There are also a number of other locally listed properties including 135-136 Digbeth, 137 Digbeth, and 138-139 Digbeth. These current land uses accord with the allocation for the site as a mixed use development in the current Birmingham Plan 2005. There is also a construction project ongoing with the Phase 1 hotel development.

2.2 Baseline Environmental Conditions

The key baseline environmental conditions for the study area are described briefly in the following subsections. Note that this is a brief overview to allow familiarisation with the current site and associated issues and is not intended to provide an in depth discussion. More detailed descriptions and substantive discussions are provided in the main ES sections that follow.

2.2.1 Archaeology and Cultural Heritage

As previously stated the first use of the site is thought to date back to at least the twelfth century and contains some of the city’s last surviving remnants of the medieval property subdivision system, known as burgage plots. These are plots of land usually longer than they were wide so as to enable as many properties as possible to access the street (or market) frontage typically with trades people manufacturing goods within the plots for sale via the frontage. In addition a twelfth century boundary ditch (Hersum Ditch) is thought to extend onto the site from the Park Street car park development adjacent to the northwest of the site and is thought to have formed the north eastern boundary of twelfth century Birmingham. The ditch is thought to have been infilled in the early fourteenth century possibly as a result of the loss of significance as the town boundary when Park Street was built.

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

It is probable that the area of the site to the south of Well Lane, in the sixteenth century and possibly earlier, was the site of a pool. This is supported by the knowledge that in 1809 a spring was recorded just to the south of Well Lane. By the mid nineteenth century a mineral water manufacturers had established in this area of the site and to the east of their premises, on the corner of Well Lane and Allison Street was the Digbeth Artesian Spring, which was constructed around the site of the spring.

Previous archaeological assessments for the site and immediate surrounding area have identified evidence for watercourses and wells within the subject site. These deposits suggest that organic finds such as wood and leather may survive, along with waterlogged plant, insect and pollen remains. In some areas the medieval/early post-medieval deposits may have been scoured-out, but it is likely that ‘islands’ of earlier deposits may have survived later disturbance. Evidence from the adjoining Park Street excavations demonstrated survival of well-preserved archaeological deposits indicating occupation from the 12th century onwards. The structures comprised tanks, probably used for hemp or flax processing, property boundary ditches, and evidence for pottery manufacture and metalworking. In particular, the alignment of the 12th century ditch found in the Park Street excavation indicates that this feature will continue into the subject site.

2.2.2 Air Quality and Climate

The site is located within Birmingham City centre, and is currently dominated by retail, commercial and light industrial uses. The site lies adjacent to one of the main roads (A41) leading into Birmingham city centre; this main road could give rise to elevated pollution levels.

The area in which the site is located is a designated Air Quality Management Area (AQMA) for nitrogen dioxide as designated by Birmingham City Council in 2003, and for particulate matter (PM10), as designated in 2004. Four areas were originally identified by Birmingham City Council as likely to exceed the annual mean objective for nitrogen dioxide: Bristol Road, Stratford Road in Sparkhill, the City Centre and the M6 and A38(M). As a result of these exceedances the council declared the whole borough an AQMA in 2003. Measures to improve levels of NOx and PM10 within Birmingham city were established in an Air Quality Action Plan.

Given the location of the proposed development, baseline air pollution levels are considered to be typical of an urban background. The main adverse effects of the proposed development on local air quality and local sensitive receptors is considered to be the impacts of demolition and construction activities, notably the generation of dust, rather than the operation of the site per se but air quality issues associated with traffic and how these may affect the baseline have also been considered.

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

2.2.3 Ecology and Nature Conservation

The development site does not support a wide variety of ecological species and is not of any notable significance from a nature conservation perspective. Given that the majority of the site is occupied by buildings and hard standing there is little space for natural habitat to develop; where such habitats do occur these are restricted to neglected areas at the base of walls or along individual property boundaries. Species that are present on the site are typical of inner city and wasteland sites. Where plants do exist on the site, these are species commonly found throughout the and of no substantial ecological importance.

With regard to nesting birds, the buildings at the site present limited nesting opportunities. Inner urban areas of Birmingham are known to support a few pairs of the black redstart however there was no evidence that this bird species is nesting at the site, with feral pigeon being the only species noted.

A bat survey undertaken at the site did not identify any bat activity and there were no obvious signs that bats were present at the site.

There are no Special Areas of Conservation, SPAs or RAMSAR sites within 1km of the site, although there are a number of non-statutory Sites of Local Importance for Nature Conservation (SLINC) within the same distance. There are some wildlife corridors identified in the Birmingham and Nature Conservation Strategy, some of which are also SLINCs. The nearest of these is the Snowhill – Railway wildlife corridor, which is over 200 metres away to the northwest.

2.2.4 Townscape and Visual Character

The site is located within the Digbeth, Deritend and Bordesley High Streets Conservation Area No. 31, hence the townscape and visual impact of the proposed development on the site and its surroundings will be a critical aspect of the development, notably given the proposed tall tower element.

The existing site setting can best be characterised as a component part of an urban area, which is undergoing extensive physical and economic change. The site itself is relatively rundown, with a number of the buildings currently redundant and in varying states of disrepair, some of which are of low visual quality, low value and low sensitivity to change.

There are a number of views into the area, the main views being from St Martins Church, the Bull Ring, Selfridges, the main A41 road leading into Birmingham city centre and adjacent sensitive landuses such as the recently developed residential apartments and police station.

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

2.2.5 Daylight, Overshadowing and Night Light

Due to the scale of the proposed development daylight and sunlight accessibility on existing, neighbouring buildings, residential properties within the proposed scheme itself and the surrounding area, as well as open space and public amenity areas may be affected by the new development. Surrounding properties presently have a relatively unimpeded open view given the open low rise nature of the site.

There is currently a limited amount of nightlight generated at the site and the light intensity given off from the site and immediate surroundings is relatively subdued compared to the general dominance of light scatter from Birmingham city centre, which is a dominant light feature at night.

2.2.6 Wind

The proposed development is a high density development which includes a number of multi- storey buildings. Given the proposed design of the development there is potential to impact on the local wind environment and for the creation of wind turbulence within the development and immediate surrounds.

The current site is relatively low level and has large open areas at the core which are unlikely to give rise to wind vortex effects.

2.2.7 Noise and Vibration

Noise and vibration impacts from the site presently are minimal, the main sources of noise and vibration being the Phase 1 construction activities and the related traffic movements. The site, being located adjacent to Birmingham city centre and on one of the main roads leading into the city, is exposed to relatively high levels of off-site road noise.

This is not considered to be a particularly noise sensitive environment although it is recognised that there are local residential areas that could be impacted by nuisance levels of noise if they arose.

2.2.8 Socio-economic Activities

The economic health of local commerce has a direct influence on local employment opportunities and unemployment levels. The area in which the site is situated is particularly deprived in terms of crime, employment, health, housing and income. The site is in the main commercial in nature, with some residential use but the immediate surroundings are mainly commercial, and to a lesser extent light industrial, in nature with only limited residential

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

communities. The site in its present condition makes a limited contribution to the local community, and provides limited employment opportunities.

2.2.9 Soils, Geology and Land Contamination

The site since its initial development in the twelfth century has been occupied by a wide variety of trades people and small businesses prior to the 1900s. Since the 1900s the site has been under commercial and industrial usage. Recently the site is, in the main, in commercial use with offices, a book retailers, public house, small shop (food). In addition, there are a number of vacant disused buildings and car parking areas. Historically, the surrounding area has contained some medium to large scale industrial activity, which has the potential to cause contamination of soils and groundwater, although not on a large scale.

The demolition of buildings over the years and the presence of the Cold Store (ice works), a weighing appliance works, and more recently a car park located in the north eastern area of the site (a large percentage of which is unsurfaced) may have led to contamination of the site soils and whilst widespread contamination is considered unlikely, localised areas of contamination may be present. These could be disturbed during the development earthworks, but management of such occurrences should not be difficult or environmentally problematic. Given the age of many of the buildings at the site it is likely that some degree of asbestos- containing materials (ACMs) will be present and surveys to date have confirmed that asbestos is present and will require careful management during the demolition works. There is also localised evidence of asbestos contamination in the site soils (probably from earlier demolition and construction activities.

The site lies above a major sandstone aquifer, which is considered to have high permeability and potential resource value for water abstractions. The site is directly underlain by Made Ground (i.e. disturbed by human activity), which is also likely to be permeable and thus water can pass relatively easily through the site soils. The majority of the site is underlain by natural Bromsgrove Sandstone with localised sand and gravel in places above the sandstone; in the south eastern area of the site the made ground is underlain by Mudstone. The Birmingham Fault, according to a geological map for the area, lies close to the south east corner of the site. A geological fault has been identified on the site during a previous site investigation in the north east area of the site, which appears to pass through the site beneath the Cold Store, this possibly being the Birmingham Fault or a separate fault running parallel to this.

The current ground coverage is a mixture of hard-standing (built development) and unsurfaced exposed Made Ground.

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

2.2.10 Traffic and Transport

The site is located in a central location with good access to the existing public transport, including the Digbeth frontage, which has multi stop bus stops, and Birmingham New Street train station, this being a short walking distance from the site.

The site can be accessed off the main A41 road leading into Birmingham city centre, and from Allison Street and Well Lane, both of which are off the A41.

2.2.11 Water Quality and Hydrology

The site is not located within a flood risk zone; the nearest area at risk of extreme flood (without flood defences) being located circa 70 metres to the south east. The nearest surface watercourse to the site is the approximately 364 metres to the east of the site, at its closest point. The water quality of the river is classified by the EA as being of poor quality.

The site is located on a major sandstone aquifer and there are there are four licensed groundwater abstractions within a 1 km radius of the site, the nearest being located 525 metres to the west, the abstracted groundwater being for “general use”. A public water supply abstraction borehole is located circa 716 metres to the south.

There is a groundwater abstraction well beneath the former cold store on the site. The well appears to have been sunk for abstraction purposes when the site manufactured ice, the abstracted water being for ice making and general usage. The well was constructed circa 1899 directly beneath the works, the water being pumped to the surface at approximately 1,200 gallons per hour. A note with the borehole log, dated September 1942, stated that the borehole overflowed in 1900. Another note, dated October 1981, states that the well has been disused since 1965 and is sealed at present. The note goes on to state that the cellars and lift shaft have recently become flooded and that the borehole may possibly be opened from investigation. A note on the log, dated 1948, states that the well was dry and that it had failed in 1937 due to falling yields between 1899 and 1935.

Information gleaned from a 1995 archaeological study for the site noted that the former Digbeth Mineral Springs Company (mineral water manufacture from 1850) was situated in the north eastern area of the site, which reportedly was originally built as a school. Adjoining this building was a cistern at the same location as a spring. In 1889 workmen came across a large tank whilst lowering a yard (the tank was dated 1854), which was fed by a 400 feet deep (122 metre) artesian bore. The bore was connected via culverts to a series of wells, which in turn were connected to an underground reservoir circa 40 feet (circa 12 metre) long. Workmen noted from the pattern of brick work that this was already quite dated. The wells were amongst many on the Park Street side of upper Digbeth, which was called Well Street in the

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

18th century, and included wells in many of the cellars fronting Digbeth, which would have provided an extensive water supply.

The different account between the water being pumped (i.e. having to be mechanically lifted from the aquifer in the Cold Store) and artesian (i.e. was free flowing out of the borehole under its own pressure) could elude to there being two different historic abstraction boreholes on the site, or they could be one and the same that may have originally been artesian but which at a later date required pumping due to falling groundwater levels. However, it is apparent that there is a substantial body of groundwater beneath the site.

Large parts of the site are unsurfaced and allow the infiltration of rainwater through shallow soils to the groundwater horizon within the site, which may possibly be in continuity with the River Lea. This represents a potential pollutant migration pathway if there was contamination on site, but groundwater contamination has not been observed on the site and the proposed future activities have low pollution potential.

2.2.12 Waste Management

The current site activities generate small quantities of an ad-hoc range of waste materials, both hazardous and non-hazardous. Currently the storage and management of these materials is similarly ad-hoc, being managed by the various tenants at the site that remain. The waste streams have not been quantified but are typical of a commercial/residential type development i.e. in the main general wastes comprising paper, cardboard and plastic. There are no large volume hazardous waste producers on the site.

2.2.13 Telecommunications Interference

The site and surrounding area is mainly in commercial use, with a small number of residential dwellings, these dwellings being situated at an elevated position relative to the site (although still low rise in nature). Television usage is likely to be in the main limited to the residential dwellings. Whilst the exact nature of the methods used to receive TV services in these dwellings in not known, these methods are likely to include cable, satellite, and terrestrial. Cable TV services are received via cables connected directly into a receiver; satellite and terrestrial TV services are received via a receiving wireless antenna connected by cable to a receiver.

There has been a marked increase in the uptake of digital terrestrial, satellite and cable TV in recent years in part due to the phasing out of analogue signals. The anticipated switchover to a digital television signal in central Birmingham started in 2011. This is not a cause for concern with the existing site usage but the proposed development involves tall buildings which could give rise to interference and this has been assessed during the EIA.

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SECTION 2: EXISTING SITE DESCRIPTION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

2.2.14 Summary

The current site is generally characterised by a mixed commercial and residential development, with a number of buildings either underused or not in use (moribund), and largely in varying states of disrepair. Additionally, an unsurfaced pay and display car park is situated in the north eastern area of the site. The environmental conditions on the site are generally poor in that whilst widespread contamination of the soils and groundwater is not anticipated, current ecological habitats at the site are limited and the site is underutilised and most of the buildings are in a poor or dilapidated condition.

The remaining sections of the ES discuss each of the above issues in detail and use them as the baseline against which potential impacts associated with the development have been assessed.

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SECTION 3: PROPOSED DEVELOPMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

3 Proposed Development

3.1 Introduction

Situated in Digbeth opposite the Bullring, the Beorma development is a flagship mixed use scheme comprising demolition of existing buildings, erection of two new block structures including a 30 storey tower building alongside refurbished listed buildings or building facades, and offering retail space (A1, A2, A3), business space (B1a), residential apartments (C3) and live-work units, together with ground source and other energy systems, surface level servicing and new landscape areas. A related development known as Beorma Phase 1 was approved in 2009 is now underway and will provide a hotel in addition to office, leisure and retail uses. The Phase 1 development is the subject of a separate planning application and EIA and is not addressed further in this ES which focuses on Phases 2 and 3.

It should be noted that for all up to date and accurate plans, developments statistics and design discussions the main Planning Application document should be referred to and should take precedence where there are discrepancies between that and the ES.

The Application Boundary of Phase 1, Phase 2 & 3 and the overall proposed layout of the scheme are indicated in Figure 3.1 and Figure 3.2.

Figure 3.1: Beorma Quarter, Site Location (Phase 1, Phase 2 & 3) (not to scale)

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SECTION 3: PROPOSED DEVELOPMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Figure 3.2: Proposed Scheme Layout (Phase 1, Phase 2 & 3) (not to scale)

A history of the previous and current development phases (i.e. Phase 1, Phase 1(extended) and Phase 2 & 3) and associated approvals is outlined below.

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SECTION 3: PROPOSED DEVELOPMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

3.2 Previous Proposals and Approvals

The design of the site layout has been influenced by a number of factors. These include:

 the existing topography of the site;

 the conservation area in which the site is located;

 the visual impact of the proposed development, notably on the near-by St Martin’s Church and the Selfridge’s building;

 the need for the representation of the medieval burgage plots and Hersum Ditch in the lines of the proposed buildings; and.

 the need to provide connectivity between Birmingham city centre and the adjacent area of Digbeth.

The layout has been designed to take into account the aforementioned factors and to minimise the impact on these features, and also from a sustainability perspective provide the most efficient use of the land available for the development.

The full range of architectural plans at full scale are not reproduced with this ES but are provided in the main planning application package which can be consulted at Birmingham City Council planning offices.

3.2.1 Phase 1 (2009)

Full Planning Consent was granted on 21/8/09 (Ref C/00295/09/FUL) for a mixed use development of the larger Beorma Quarter site comprising:

 123-143 Digbeth;

 3-5 Park Street; and

 81-93 Allison Street and adjoining land.

The three phase development comprised refurbishment of the Digbeth Coldstore building, 135-136 and 137 Digbeth, façade of 138 & 139 Digbeth and construction of three new blocks including a 27 storey tower to provide shops, offices, restaurant and café, business space, residential and exhibition space, together with an energy centre using an aquifer thermal energy storage system (ATES), basement parking and creation of new landscape areas. Phase

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1 included the refurbishment of the Coldstore and the erection of a new Office Building C on the site of Hennesseys PH.

In addition, Listed Building Consent was issued on 21/8/09 (Ref C/00296/09/LBC for works to the Phase 1 Digbeth Coldstore including the demolition of the engine room & boiler house and alterations to the building to include repair of the roof; opening up bricked up windows, new windows to all elevations, new elevation to Orwell Place, removal of timber and cork lining to internal walls, partial removal of floor to levels 1 & 2, insertion of lift, servicing duct, toilet and stairs.

Conservation Area Consent was granted on 21/8/09 (Ref C/00297/09/CAC) for retention of the Digbeth Coldstore (excepting the engine room and boiler house to the rear), the retention and refurbishment of the main, front sections of 135-136 and 137 Digbeth (locally listed buildings) and the retention of the façade to 138-139 Digbeth (also locally listed). All other buildings have been, or will be, demolished to allow the comprehensive mixed use redevelopment of the site to assist with the regeneration of the Digbeth Millennium Quarter and the creation of new public realm. In respect of Phase 1, this allowed the demolition of the engine room & boiler house to the rear of the Coldstore, the ancillary Coldstore buildings and Hennesseys PH.

On 17/08/12, BCC granted permission (Ref 2012/02937/PA) to extend the time for the implementation of the 2009 full planning approval (Ref C/00295/09/FUL) involving the mixed use redevelopment of the wider Beorma Quarter site by 5 years.

3.2.2 Phase 1 Extended (2012)

In response to tenant demand, Salhia Investments (Birmingham) Ltd (SIBL) submitted further applications in 2012 for a restaurant/nightclub use in the ground floor & basement of the Digbeth Coldstore and an up to 112 bedroom hotel within an extended Building C. Of necessity, this involved increasing the area of the Phase 1 site in order to accommodate the hotel building.

Full planning application (Ref 2012/02104/PA) was subsequently approved on 17/08/12 for revisions to proposals for an extended Phase 1 of the Beorma Quarter comprising selective demolition, conversion and refurbishment of the Digbeth Coldstore to provide a nightclub (sui generis use) and/or a restaurant at basement level; a restaurant and/or retail and/or offices at ground floor level; with business space on the upper floors.

The application also proposed the construction of an extended "Building C" to provide an up to 112 bedroom hotel with retail on the ground floor, all with associated hard & soft landscaping works.

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SECTION 3: PROPOSED DEVELOPMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

The accompanying Listed Building Consent application (Ref 2012/02105/PA) was approved on 24/05/12. Externally, this involved replacement of the slate roof, the opening up bricked-up windows in the Digbeth elevation and the insertion of new steel-framed windows. Also, new glazing & doors to the Orwell Place and Coldstore Court elevations, repairs to the brickwork and the replacement of damaged rain water pipes. A new terrace with retaining wall, ironwork screen and steps to Coldstore Court was also added. Internally, the works comprised removal of the basement & second floor; the underpinning of the existing basement walls; and the insertion of new floors at basement and second floor levels. Raised access floors were also to be inserted on top of the retained first and third floors. Finally, two new lifts & two new stairs flights of stairs were to be introduced.

3.2.3 Phase 1 Extended, Minor Amendments (2013)

On 09/05/1313, BCC resolved to grant approval (Ref 2013/02433/PA), subject to a Deed of Variation in respect of the 2012 s106 Agreement, for minor amendments to extended “Building C”, fixing the number of hotel rooms at 108. The main amendments comprised:

 adjustments’ to the hotel floor levels & fenestration;

 omitting the office accommodation to be built over the hotel in the 2012 approval;

 adequate provision for mechanical & electrical services such as water tanks and air handling units;

 details of interim and permanent external landscaping;

 details of interim and permanent external lighting;

 changes to the previously approved design of bat and bird boxes (Ecology Report); and

 proposals for an interim Heat Pump to serve the Coldstore prior to the introduction of the ATES system in Phases 2 & 3.

3.3 Phases 2 & 3 Development Proposals

Phases 2 & 3 of the Beorma Quarter development as now proposed (and which is the subject of this updated EIA and ES) will cover some 0.6275 hectares and comprise elements from three existing buildings i.e. the locally-listed Grade A 135-136 Digbeth, the locally-listed Grade B 137 Digbeth and the locally-listed Grade B 138-139 Digbeth and three new blocks (2, 3A & 3B). These are arranged in such a way so as to:

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 respond to Phase 1 of the development and the principles of the established masterplan to complete the restoration of the built edge of the urban block bounded by Digbeth, Park Street, Well Lane and Allison Street;

 respond to the constraints imposed by the remnants of the original burgage plots and the Hersum Ditch alignment;

 create an appropriate setting for the locally-listed buildings that form part of the proposals, as well as the adjacent Grade II listed Digbeth Coldstore, the other nationally listed buildings in the immediate vicinity and the site's Conservation Area context;

 ensure the visual impact in short, medium and long distance views is appropriate in terms of the retention of views of major buildings, key vistas and the Birmingham skyline;

 improve pedestrian, cycle and vehicular movement through and around the site; and

 create an attractive, active and publicly accessible hard-landscaped amenity space, Orwell Place, at the heart of the development.

The proposals envisage the retention and refurbishment of the main sections of locally-listed Nos 135-136 Digbeth (Grade A) and 137 Digbeth (Grade B) and their conversion to retail use (circa 470 sqm). It is also proposed to retain the main Digbeth street facade in respect of the locally listed Nos 138-139 Digbeth (Grade B) – the BVSC building, as per the 2009 approval, and this is incorporated into the design of Building 2.

The breakdown of the proposed development is as follows (note that all areas are approximate gross external areas and the planning application should be consulted for definitive figures).

3.3.1 Building 2

At the corner of Digbeth and Park Street and directly opposite St Martin's Church, the Bullring and the iconic Selfridge’s department store, comprises a 30 storey tower with 154 private apartments (13,531 sqm) split over the upper 18 storeys. This is located above a double height 12th floor plant space; 11 storeys of B1 office space (circa 18,181 sqm); ground level office and residential lobbies, back of house & servicing areas; and A1 retail and/or A3 restaurant space (circa 679 sqm). It is envisaged that a plant basement (circa 2,220 sqm) below the footprint of the building will serve not only Building 2 itself, but also the locally-listed Digbeth buildings, the Coldstore and Buildings 3A & 3B. A double-height passage cuts through the ground floor plan to provide pedestrian access from the corner of Park Street and Digbeth to the newly formed public square, Orwell Place. As identified in 4.3, the Digbeth frontage to the

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building incorporates the retained facade of the existing Grade B locally-listed 138-139 Digbeth.

The proposed form of Building 2 is driven by a desire to vertically express the social and geological histories of the site. The setting out of the building’s primary facades & cut-backs along a north-east to south-west axis are generated by the positions of the site’s original medieval burgage plot boundaries. In terms of material, these primary walls are finished in sandstone on lower levels and reconstituted stone with a sandstone finish on upper levels, referencing the fact that the building sits on the eastern edge of the Birmingham Sandstone Ridge, and appearing as though the rock is drawn up from the ground as it hits the ridge fault line which dissects the Beorma Quarter development (running under the Coldstore, Orwell Place and in-between buildings 3A and 3B). At high level, the stone is partially veiled by a single-glazed external skin over-sailing Park Street that encloses private winter gardens to the apartments. The remaining facades, on the north-west to south-east axis, infill the voids between the sandstone-faced spines, and are formed in a high performance curtain wall glazing system, with the addition of vertical aluminium solar-shading fins to the south-west facing elevation.

3.3.2 Building 3

Fronting on to Well Lane, is made up of three elements. The first element 3A, adjacent to Building 2, comprises a 14 storey tower section with 69 private apartments (circa 5,633 sqm) sitting above a retail unit (circa 336 sqm). The form of this building is a spatial response minimising overlooking from the adjacent tower and focusing vistas out over Birmingham. The materials for Building 3A reference both the ‘futuristic’ Selfridges building and the historic dynamism of the water which rises along the ridge fault line below. Two-tone aluminium panels are complimented by expressing the floor plates in matt grey panels. A living wall sits both sides of the lower levels providing privacy to residents over looking Orwell Place. The second element, building 3B, comprises of 10 storeys of B1 office space (circa 5,218 sqm) with its entrance on Allison Street. Continuing the site-wide expression of the ridge fault line, this element is clad in terracotta referencing the mudstone on which it sits. A portion of the rain screen profile extends across the glazed areas of the façade, forming terracotta louvres for solar shading. The third element comprises 4 No live/work units (circa 528 sqm) situated between 3A and 3B on Well Lane. Each two storey unit is faced in brick, responding directly to the opposing street frontage.

The main planning application package should be consulted for fully detailed design plans for the development. In the case of any discrepancies between the scheme details presented in the ES and those presented in the Planning Application, those in the Planning Application shall prevail.

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3.4 Design Principles

3.4.1 Design, Materials and Contribution to Urban Context

The design of the buildings and the site has been developed in response to the following criteria:

 The juxtaposition of the site in relation to existing, planned or anticipated neighbouring developments.

 The connection of the buildings to road links and public transport in the wider area creating a balance between the development, access and the environment.

 The provision of a connection the adjacent city centre of Birmingham and with Digbeth through the design and layout of the development.

 The legibility of functions within the building from the public realm.

 The use of form, detail and materials to create visual interest and to respect the archaeological interest of the site.

 The creation of environments which are welcoming to pedestrians (site workers, site residents and visitors).

 The provision of security by the use of overlooking, lighting, and the avoidance of uncontrollable spaces.

 The use of a consistent palette of materials of high standard throughout the development.

3.4.2 Detailed Design

The development has been designed to optimise the site area and respond to the above criteria:

 The development’s design and integral landscaping, including the widening of the adjacent Digbeth pavement, tree planting along Digbeth and the creation of attractive hard-landscaped spaces and pedestrian link route within the site, are intended to the enhancement of the City’s environment.

 The new buildings have been designed to reflect the historic medieval burgage plot layout along Digbeth and the Hersum Ditch boundary between the original town and manorial park with the 30 storey tower reflecting the burgage plots in both plan and elevation.

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 The layout and design of the various buildings and spaces provide a variety of form and architectural interest, varying building heights with heights stepping up towards Park Street/the Bullring/Selfridges and active ground floor frontages.

 Through the design and orientation of the three new buildings a publically accessible, hard landscaped amenity space has been created in the centre of the development, to be known as Orwell Place.

 Listed and locally listed buildings at the site have been retained/conserved ensuring the long-term usage of these buildings, as well as enhancing the currently rundown character of the Digbeth-Deritend-Bordsley High Street Conservation Area in which the site is located.

 The ground floor of buildings consist of lobbies and retail spaces to attract people into the site.

 Improvement has been achieved in terms of level pedestrian access to the site from both the city centre and Digbeth.

 Various material options were investigated to maximise the landmark qualities of the building.

 The 30 storey tower has been carefully located and designed so as to contrast with the form of the iconic Selfridges department store to the north whilst avoiding the blockage of views of the Rotunda, St Martins Church and the Digbeth Coldstore looking north along Digbeth.

 The tower is intended to act as a destination marker as it signifies the end of the approach into the City Centre from the south east along the A41 Bordesley High Street – Deritend - Digbeth corridor.

 The location of the tower on the south side of Park Street (and the former Queensway “concrete collar”) signifies the spillage of City Centre uses (and the building types that accommodate them) out from the once constricted City Centre and into Digbeth, as required by emerging BCC policy.

 The tower is considered to be in accordance with the evolving Birmingham prepared by Urban Initiatives which recommends the expansion of the City Centre to the south, to include the Beorma Quarter, and a relaxing of the current CRZ restrictions on tall buildings.

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 The tower (Figure 3.3) is intended to signify the regeneration of Digbeth and provides a design benchmark for future development within the Digbeth Millennium Quarter and the wider Eastside Initiative area.

Figure 3.3: Visualisation of Proposed Scheme (View from Park Street)

3.4.3 Access

The site is well served by, and is adjacent to, substantial road and public transport links. The development will be accessed as follows:

 Car and motorcycle access – The car parking and motorcycle spaces for the site will be situated in the basement and accessed from Allison Street on the eastern boundary of the site.

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 Pedestrian and cycle access – Pedestrians and cyclists will be able to access the site from both Allison Street to the east and off Digbeth to the south west via improved access points, notably Orwell Passage. In terms of pedestrian and cycle provision, the proximity of the site to local highways and pathways offers an opportunity for accessibility by non- car modes to be secured. Additionally, the site is well served by public transport, notably bus and rail services, the site itself being serviced by a number of bus stops located off Digbeth, again offering an opportunity for accessibility by non car modes to be secured. The pedestrianised core of the development will avoid conflict between pedestrians/cyclists and cars at the site. Access for those with disabilities, as well as carers with prams and buggies, has been considered to enable these users accessibility into and through the retail spaces. Parking for the disabled will be located in the basement as close to lifts as feasibly possible. Further detailed discussion of the detailed design and access of the development are provided in the Design and Access Statement accompanying the main planning application.

3.4.4 Sustainability

The new buildings will aim to achieve high standards of environmental design as part of a sustainability agenda for the whole of the site. The design of individual buildings is respectful of orientation, materials specification and energy management strategy, so as to demonstrate responsible environmental design principles. The provision of heat energy and cooling via a Ground Source Heat Pump system is also a key facet of the sustainability credentials of the proposed development. This is discussed further in the Sustainability Statement, which is reported separately to the ES but provided with the main planning application.

3.5 Site Management

The site will be managed by a property management company, who will be responsible the maintenance and control of issues such as:

 Site Drainage

 Roadways Management and Maintenance

 Landscape and Environmental Management

 On-site waste management

 Buried Services

 Security

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 Community Liaison

In addition a Tenants Handbook will be produced and agreed with the Local Authority that will set the conditions of operation on the site for commercial and residential tenants and spell out the site’s environmental charter. This will include legislative compliance requirements such as controlling nuisance such as noise and odours, and sustainability provisions such as adhering to waste management principles (promoting recycling and recovery).

The energy demands for the development will be controlled via the energy centre which will be managed by a specialist energy firm.

3.6 Alternatives to the Proposed Development

Fundamentally, two alternative approaches exist for the application site: (i) to retain the site in its current form and condition (i.e. the ‘do nothing’ approach) or (ii) to undertake redevelopment to provide enhanced and optimised use of the site as an urban mixed use development (i.e. the ‘do something’ approach). It is considered that the ‘do nothing’ approach will result in the continued steady decline in the economic viability and usability of the site and continue to present a visually degraded environment. Furthermore, lack of intervention in the listed buildings would enhance their risk of degradation and loss. As such, the “do nothing” approach will provide no contribution to, and actively detract from the proposals to provide connectivity between Birmingham city centre and Digbeth.

Due to the poor state of a number of the site buildings and the underutilisation of the site as a whole, if the proposed development does not take place, the opportunity to provide a key gateway between the relatively run down area of Digbeth and the thriving city centre of Birmingham may not be possible. Additionally, the resultant loss of employment and provision of affordable housing to the area would be unfortunate as the potential for the site is so significant.

If the site were to remain viable then it would likely be subject to further deterioration of redundant buildings, one of which is grade II listed, and would remain underutilised, being of little or no benefit to the environment and the vision that the Local Authority has for the area with respect to improving the Digbeth area and providing a link between the city centre and Digbeth.

When considering the ‘do something’ approach, consideration has been given to whether the proposed development offers the most appropriate development solution for the site. The development does not conflict ‘in principle’ with Birmingham City Council’s aspirations for the site, and it is considered that other forms of development with alternative land uses would be inappropriate given the urban setting and the site’s juxtaposition between Digbeth and

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Birmingham City Centre. Consideration has also been given as to whether the mix of uses proposed offers the most appropriate solution, or whether another mix is more appropriate. Further discussion of this issue is contained within the Planning Statement in Volume 1 of this Application, but fundamentally the mixed use development makes efficient use of the site, and provides a balance between the proposed commercial (office and retail) and residential uses of this city centre development.

In terms of assessing alternative sites for such development, whilst there are other plots that may have been available in the wider area, this site is unique insofar as it is the first geographic land parcel beyond the regenerated elements of the city centre in this zone which is suitable for redevelopment and in need of redevelopment given its run down state. It constitutes a key visual aspect of the approach to Birmingham City Centre along this route and is supported by traffic and public transport connections and accessibility. Strategically the site provides a key link to the city which can only be effective if suitably redeveloped in accordance with local requirements and sensitivities and adopting appropriate design standards and uses.

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SECTION 4: ASSESSMENT METHODOLOGY Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

4 Assessment Methodology

4.1 Introduction

The principal objective of an EIA is to provide the Local Planning Authority (Birmingham City Council in this instance), statutory consultees and the public with a clear and systematic assessment of the potential environmental effects that the proposed development could have if implemented as planned. It is also designed to provide a robust and technically sound document (Environmental Statement) that provides sufficient information on the proposed development and its likely environmental effects to enable the Planning Authority to be able to make an informed decision on whether planning permission should be granted, taking into account public opinion and other stakeholder views on the environmental impacts of the proposals where relevant.

There are three basic steps used in the EIA process in order to meet this objective, as follows:

1. Establish existing baseline environmental conditions including any current environmental problems or environmental sensitivities and vulnerabilities in the area that could be affected by the development. This task is divided into two phases:

a. collection and review of existing data relating to the site and surrounding area, including consultation with statutory and non-statutory bodies; and

b. the enhancement of existing data, where necessary, with information collected through further site investigation or survey following recognised and technically valid techniques;

2. Identify, predict and assess the significance of the likely environmental impacts (positive and negative, direct, indirect and cumulative), which could be expected as a result of the development proposals being implemented as planned, focussing on those environmental issues that were considered to be potentially significant during the Scoping Study; and

3. Design mitigation and management measures, which would be adopted to prevent, reduce or remedy any significant adverse effects to an acceptable. Consideration is also given to enhancement measures that would be implemented to promote positive environmental benefits as a part of these proposals.

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4.2 Legislation and Policy Context

This EIA has been carried out in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011, as amended (hereafter referred to as the EIA Regulations) and associated guidance set out online via the Planning Portal EIA Guidance Pages (last updated 06/03/14). The EIA has also taken into account guidance provided within the former DETR’s document ‘Environmental Impact Assessment – A Guide to Procedures: 2000'.

The EIA Regulations require that before consent is granted for certain types of development, an EIA must be undertaken. The EIA Regulations set out the types of development which must always be subject to an EIA (Schedule 1) and developments which may require assessment, if they are likely to give rise to significant environmental effects (Schedule 2).

The proposed development falls within the criteria set out in Schedule 2 of the EIA Regulations, being ‘Infrastructure projects - urban development projects, including the construction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas’ where the development is in excess of 0.5 hectares, as defined under Schedule 2 Part 10b.

The EIA was commenced as a matter of policy by the applicant who felt from the outset that the development proposals would benefit from consideration of the key environmental issues in accordance with prevailing EIA practice. Subsequently, Birmingham City Council screened the proposals against their ‘Environmental Effect Test’ and due to the visual sensitivity of the area ( i.e. the development site is in a conservation area, is located close to the Grade ll* listed St Martins Church and the iconic Selfridges Building) and because the impact of the proposed development scheme is of more than just local interest, having a noticeable potential impact on the City’s skyline and on buildings of national significance, an EIA was required.

Specific technical guidance has been used, where appropriate, in the assessment of the impacts of the proposed development on several aspects of the environment. These include the use of British Standard methodologies and adherence to the policies set out in UK Government National Planning Policy Framework (NPPF). A summary of the relevant national planning policies is provided in Section 5 and detailed descriptions of assessment methodologies and standards and guidelines utilised are given in the relevant assessment sections of the ES.

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4.3 Assessment Methodology and Significance Criteria

A number of criteria have been used to determine whether or not the potential effects of the proposed development are considered to be significant, as follows:

 international, national and local standards;

 relationship with planning policy;

 sensitivity of the receiving environment;

 reversibility and duration of effect;

 inter-relationship between effects; and

 the results of consultation.

The effects that were considered to be significant prior to mitigation are identified within the ES. The significance of these effects reflects judgement on the importance or sensitivity of the affected receptor(s) and the nature and magnitude of the predicted changes. For example, a large adverse impact on a feature or site of low importance will be of lesser significance than the same impact on a feature or site of high importance.

Environmental impacts may be both negative and positive. Quantification of these impacts, particularly in relation to comparative assessment between environmental disciplines, requires consistent assessment criteria to be used throughout. The criteria used in this assessment are as follows:

 Major Positive or Major Negative effect – where the development would cause a significant improvement (or deterioration) to the existing environment;

 Moderate Positive or Moderate Negative effect – where the development would cause a noticeable improvement (or deterioration) to the existing environment;

 Minor Positive or Minor Negative effect – where the development would cause a barely perceptible improvement (or deterioration) to the existing environment; and

 Insignificant – no discernible improvement or deterioration to the existing environment.

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The determination of each of these criteria for the various environmental aspects of this development is summarised and in the conclusions. The individual discussions and detail are provided in the relevant chapters.

4.4 Scope of the EIA

The scope of the EIA was established during the Scoping Study and the subsequent issue of a Scoping Report to Birmingham City Council. A summary of the results of this study and key issues raised in the Scoping Report are presented in Table 4.1. Copies of the initial Screening Opinion, the Scoping Report and relevant consultation responses are presented in Appendix 1.

Table 4.1: Summary of the Results of the Scoping Study

Discipline Environmental Significance Proposed Methodology Sensitivity (pre-mitigation)

Air Quality and Emissions of pollutants to Moderate adverse effect Undertake a qualitative Climate air from demolition and – dust generation during assessment of dust construction activities. demolition and emissions during construction construction and make recommendations for mitigation measures to control the emission of dust and other pollutants during the construction period. ADMS Roads will be used to accurately model air emissions impact. Emission levels to be compared to Air Quality Objectives (designed to be protective of health)

Archaeology The site is located within Moderate beneficial Site desk-based assessment, and Cultural a designated impact pre-development trial trenching and detailed Heritage Conservation Area. There as a result of the archaeological excavation are no Scheduled opportunity to complete prior to development Monuments located detailed archaeological involving consultation with within the immediate excavation. Birmingham City Council. vicinity of site. Areas of Moderate adverse impact known archaeological - Disturbance during importance are located construction. both on site and in the surrounds.

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Discipline Environmental Significance Proposed Methodology Sensitivity (pre-mitigation)

Ecology and The site is an area of low Minor adverse impact – Phase 1 Habitat Survey and Nature ecological interest in during construction. Protected Species Surveys of Conservation itself. Moderate beneficial development footprint. impact through provision Environmental of brown and green roofs enhancement measures to and landscaping during be adopted in landscape the operational phase. plan.

Townscape and The site is not located in Moderate adverse effect Undertake landscape and Visual Character Green Belt or any other on visual appearance of visual impact assessment to landscape designation. site and local views during identify key views, impacts However, the site is construction. and mitigation. sensitive to visual Moderate/high beneficial impacts from sensitive impact through receptors in the local redevelopment of the environment and main site. transport routes.

Noise and The site is located Moderate adverse effect Baseline noise monitoring Vibration adjacent to the city on sensitive receptors and assessment of potential centre of Birmingham through increase in construction and and is adjacent to a ambient noise and operational noise impacts.

major road which runs in vibration during and out of the city. As demolition and

such, the area is construction. currently exposed to Potential minor adverse relatively high levels of effect due to loading and noise from transport unloading of vehicles, and sources. Residential building services plant properties are within associated with the close proximity to the operation of the proposed site. development.

Socio- Employment and Moderate to Major Assessment of impacts on Economics economics beneficial impact through surrounding community’s job creation during employment and amenity. construction and operation. Minor impact through provision of housing and associated impacts on community facilities (education, healthcare, open space and play space).

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Discipline Environmental Significance Proposed Methodology Sensitivity (pre-mitigation)

Recreation and amenity Moderate/major None required. beneficial impact through the provision of cafes/bars, restaurants, local retail outlets.

Soils, Geology Risk of localised soil Potential moderate Phase II ground and contamination adverse impact during investigation strategy Contamination construction and as developed in accordance contaminated soils (if with prevailing present) are exposed and DEFRA/EA/LA guidance. managed. Control measures will be put in place to minimise the risk of contamination occurring during the construction phase.

Handling of hazardous Potential moderate Assessment of the means of materials (e.g. asbestos) adverse impact during storing, handling and demolition and disposing of hazardous construction. materials as part of a materials management strategy.

Water Quality The site is not within a Minor adverse impacts Pollution control and water and Hydrology designated flood risk related to site drainage protection issues to be area and is not in close are possible. addressed and storm water proximity to surface generation and waters. The site is management options to be located on a major considered. aquifer; groundwater at the site is relatively shallow.

Risk of contamination Potential minor adverse Construction environmental from accidental spillages. impact on local management measures to groundwater and/or be adopted. surface watercourses during the construction phase.

Increased surface runoff. Moderate impact during Establish additional operation as increased surfacing extent and assess surfaced areas and runoff management hardstanding will techniques to ensure all minimise natural foreseeable rainfall events infiltration to ground. can be handled.

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Discipline Environmental Significance Proposed Methodology Sensitivity (pre-mitigation)

Traffic and Capacity of local highway Moderate adverse Transportation Impact Transport network. impacts from additional Assessment to be traffic during construction undertaken. but this will be counterbalanced by road/site access improvements during operation. Once operational traffic is expected to be less than occurs at present so should represent a minor positive impact.

Sustainability Consumption of natural Minor adverse impacts on Basic qualitative assessment resources resource efficiency during to be included in construction although Sustainability Statement. materials will be re-used on site where possible. Minor adverse impact during operational phase on resource efficiency as buildings will have energy and water demands but will have high levels of environmental design to minimise resource consumption.

Sustainable construction Moderate beneficial Measures to increase techniques. impacts – reuse and energy and water efficiency recycle of materials and and reduce landfilling of use of energy / water waste will be part of the efficient techniques in design brief and sustainable construction, etc. design principals will be considered for all aspects of the development.

Telecommunic - Disruption to the Potential moderate Signal interference impact ations distribution and adverse impact - the taller assessment to be reception of radio and element of the undertaken including pre television services. development may and post development potentially adversely signal monitoring. affect radio and television services.

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Discipline Environmental Significance Proposed Methodology Sensitivity (pre-mitigation)

Wind Creation of wind Moderate adverse impact Wind study to be turbulence. during operation through undertaken to enable the creation of wind optimal design of the vortices. development to avoid turbulent flow and vortices.

Daylight and Reduction of sunshine Moderate adverse Daylight and overshadowing overshadowing and daylight, and impacts during operation assessment to be creation of over on availability of daylight undertaken. shadowing of adjacent and sunlight and possible land users and site users. overshadowing on existing, neighbouring buildings, residential properties within the proposed scheme and the surrounding area, as well as open space and public amenity areas.

Night light Impact of additional Minor/moderate adverse The orientation, location or lighting causing elevated impact during operation design of the lighting and/or lighting levels at night on neighbouring the times of lighting disturbing other nearby residential properties if operation to be assessed land-users and habitats. the additional lighting and potential for causes increases in night contribution to baseline light levels. night light levels to be considered.

Aviation Potential to create a Minor adverse impacts Low intensity steady red physical obstacle to during construction and lighting (for illumination at aircraft and existing operation as a result of night) to be fitted at the top operating procedures taller aspect of the corners of the tallest tower. (inc RADAR) at development During construction similar Birmingham International aeronautical obstacle Airport lighting in accordance with the safety requirements of the CAA, will be used at the top of the highest crane during construction. Relative elevation of tallest elements of the development will be considered in relation to operating parameters.

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The respective technical assessments were undertaken by experts in their field utilising appropriately experienced and qualified specialists from firms with a demonstrable track record in their respective fields. The Companies utilised for each assessment are identified in each of the Introduction chapter of the ES.

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SECTION 5: PLANNING POLICY FRAMEWORK Environmental Statement Beorma Quarter, Birmingham

5.0 PLANNING POLICY FRAMEWORK 5.1 Introduction This section of the Environmental Statement has been prepared by Alistair Grills Associates (AGA) - Planning Consultants and, following a brief review of the existing and proposed land uses across the site, considers the planning policy framework for the proposed development in terms of:

1. Planning Policy Context 2. National Planning Policy & Guidance; 3. Local Planning Policy; and 4. Overall Summary.

5.2 Planning Policy Context

The planning policy framework for amended Phases 2 & 3 of the Beorma Quarter site is established by the current hierarchy of national and local policy documents applicable to a mixed use development located within a Conservation Area; within the setting of several nationally listed buildings; and which incorporates a number of locally-listed buildings. This policy framework is set out below and examined in detailed in subsequent paragraphs:

National

 National Planning Policy Framework 2012 as amended at the date of this application  Arrangements for handling heritage applications notification to Historic England, national amenity societies and the Secretary of State (England) Direction 2015  Town and Country Planning (Consultation) (England) Direction 2009  Town and Country Planning (Development Management Procedure) Order 2015  The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 as amended by the 2015 Regulations

Local

 Saved policies of the Unitary Development Plan for Birmingham incorporating Alterations (The Birmingham Plan) (2005)  Pre-submission Draft Version of the Birmingham Development Plan (draft BDP) (December 2013) with Modifications incorporating Birmingham Core Strategy 2026 - Consultation Draft December 2010

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 The Big City Plan – City Centre Masterplan – Non-Statutory Guidance Document - July 2011  Eastside Masterplan December 2011  Regeneration through Conservation – Birmingham Conservation Strategy (1999) (SPG)  Archaeology Strategy (2003) (SPG)  Historic Environment Study – Birmingham Archaeology (2005  Digbeth, Deritend, Bordesley High Street Character Appraisal and Supplementary Planning Policies (SPD) (2009)  High Places: A Planning Policy Framework for Tall Buildings (2003) (SPG)  Lighting Places (2008) (SPG)  Shopfronts Design Guidance (1995) (SPG)  Development involving Former Public Houses – Planning Guidelines (1992) (SPG)  Places for All (2001) (SPG)  Places for Living (2001) (SPG)  Places for the Future – detailed SPD Guidance – Draft for Public Consultation February 2012  Affordable Housing (2001) (SPG)  Public Open Space & New Residential Development (2007) (SPD)  Access for People with Disabilities (2006) (SPD)  A Parking Policy for Birmingham (2010)  Car Parking Guidelines (February 2012)

5.3 National Planning Policy

 General National Planning Policy

National planning guidance is prepared by Central Government and is set out in the latest National Planning Policy Framework and in various circulars.

The National Planning Policy Framework (March 2012) (NPPF) as amended at the date of this application establishes a presumption in favour of sustainable development, noting that development that is sustainable should be allowed to go ahead without delay (paragraph 14). Paragraph 8 states:

In order to achieve sustainable development, economic, social & environmental gain should be sought jointly and simultaneously through the planning system

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The NPPF explains that “sustainable development” meets the needs of the present without compromising the ability of future generations to meet their own needs and adopts the five guiding principles of sustainable development set out in the UK Sustainable Development Strategy.

The NPPF confirms that it does not change the statutory status of the development plan as a starting point for decision-making (paragraph 12). Therefore, development proposals that accord with an up-to-date development plan should be approved without delay and where the development plan is absent, silent or relevant policies are out-of-date, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF as a whole, or specific policies in the NPPF indicate that development should be restricted.

In terms of decision-taking, paragraph 186 states that LPAs should approach decision-taking in a positive way in order to foster the delivery of sustainable development. In doing so, LPAs should look for solutions rather than problems. Decision takers at every level should seek to approve applications for sustainable development where possible.

With regard to of town centres, NPPF paragraph 23 notes that planning policy should be positive, promote competitive town centre environments and set out policies for the management and growth of centres within the plan period.

Paragraph 49 of the NPPF advises that all planning applications for housing should be considered in the context of the presumption in favour of sustainable development.

In addition, good design is identified as a key aspect of sustainable development (NPPF paragraph 56).

NPPF paragraph 58 states that planning policies and decisions should aim to ensure that developments:

 Function well and add to the overall quality of the area  Establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit  Optimise the potential of sites, including an appropriate mix of uses  Respond to local character and history  Create safe and accessible environments  Are visually attractive as a result of good architecture and appropriate landscaping

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New development should also be integrated into the existing natural, built and historic environment (NPPF paragraph 61).

In terms of the Government’s objectives for the promotion of healthy communities, NPPF paragraph 69 states that planning decisions should aim to achieve places that promote:

 Opportunities for meetings between members of the community who might not otherwise come into contact, including through mixed use developments  Safe and accessible environments where crime and disorder and the fear of crime do not undermine the quality of life or community adhesion; and  Safe and accessible developments, containing clear and legible pedestrian routes and high quality public space.

In addition, paragraph 111 advises that planning decisions and policies should encourage the effective use of land by reusing land that has been previously developed provided that it is not of high environmental value.

Regarding the conservation and enhancement of the historic environment, the NPPF includes policies which used to be covered by PPS5 – Planning for the Historic Environment. Paragraph 126 advises that LPAs should take into account the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation.

NPPF paragraph 126 also states that the wider social, cultural, economic and environmental benefits that the conservation of the historic environment can achieve should be taken into account, together with the desirability of new development making a positive contribution to local character and distinctiveness. In addition, opportunities should be taken to draw on the contribution made by the historic environment to the character of places.

NPPF paragraph 128 advises LPAs that, when determining applications, they should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. However, the level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum, the NPPF indicates that the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. In addition, where a site on which development is proposed includes heritage assets with archaeological interest, LPAs should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation. Paragraph 129 requires LPAs to take such assessments into account when determining applications.

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NPPF Paragraph 132 states that, when considering the impact of the proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s contribution to the context area.

In terms of sustainable transport, NPPF paragraph 37 states that LPA policies should aim for a balance of land uses within their area so that encouragement is given to minimising journey lengths for employment, shopping, leisure, education and other activities. Moreover, paragraph 35 indicates that plans should protect and exploit opportunities for the use of sustainable transport modes. Consequently, development should be located and designed where practical to:

 Accommodate the efficient delivery of goods and supplies  Give priority to pedestrian and cycle movements and have access to high quality public transport facilities  Create safe and secure layouts which minimise conflicts between traffic and cyclists/pedestrians  Incorporate facilities for charging plug in and other ultra-low emission vehicles  Consider the needs of people with disabilities

In terms of noise control, paragraph 123 states that decisions should aim to:

 Avoid noise giving rise to significant adverse impacts  Mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development  Recognise that development will often create some noise  Identify and protect areas of tranquillity

NPPF paragraph 110 states that, in preparing plans to meet development needs and with regard to pollution control, the aim should be to minimise pollution and other adverse effects on the local and natural environment. To prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate to its location.

Paragraph 125 states that, when encouraging good design, planning policies and decisions should limit the impact of light pollution from artificial light on local amenities, intrinsically dark landscape and nature conservation.

Finally, separate technical guidance is published alongside NPPF paragraphs 99 - 104 in respect of flood risk. The guidance retains key elements of superseded Planning Policy Statement 25,

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identifying areas at risk of flooding and defining flood risk. The aims of the Sequential and Exception tests are set out and the overall aim to steer new development to areas with the lowest probability of flooding (Flood Zone 1) is re-stated.

Arrangements for handling heritage applications notification to Historic England, national amenity societies and the Secretary of State (England) Direction 2015 provides valuable guidance on the requirements of applications involving architecturally or historically sensitive structures and advises the Secretary of State’s powers of direction are still in operation. Consequently, this Direction will be used by BCC in assessing submissions.

Town and Country Planning (Consultation) (England) Direction 2009 replaces, inter alia, Circular 15/93: Town and Country Planning (Shopping Development) (England and Wales) (No 2) Direction 1993 which required planning applications to be referred to the Secretary of State if the retail content exceeded 2,500sqm. The new Direction is more concerned about whether proposed development is located outside town or city centres, as set out below:

5.(1) For the purposes of this Direction, “development outside town centres” means development which consists of or includes retail, leisure or office use, and which – (a) is to be carried out on land which is edge-of-centre, out-of-centre or out-of-town; and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out; and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is: (i) 5,000 square metres or more; or (ii) extensions or new development of 2,500 square metres or more which, when aggregated with existing floor space, would exceed 5,000 square metres.

(2) In calculating the area of existing floor space for the purposes of development referred to in paragraph 5(1)(c)(ii) this shall include retail, leisure or office floor space situated within a 1 kilometre radius of any part of the same type of use to be comprised in the proposed development and – (a) is already provided; (b) has been substantially completed within the period of 5 years immediately preceding the date an application for development to which this Direction applies is received; (c) in respect of which an application for planning permission has been made but not finally determined on the date an application for development to which this Direction applies is received; or

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(d) in respect of which an application for planning permission has been granted within the period of 5 years immediately preceding the date an application for development to which this Direction applies is received.

Town and Country Planning (Development Management Procedure) Order 2015 addresses departures from policy set out in an adopted Local Plan. Articles 14 & 27 of the Order state:

Notice of reference of applications to the Secretary of State 14. On referring any application to the Secretary of State under section 76A (major infrastructure projects) or 77 (reference of applications to Secretary of State) of the 1990 Act pursuant to a direction in that behalf, a local planning authority shall serve on the applicant a notice— (a) setting out the terms of the direction and any reasons given by the Secretary of State for issuing it; (b) stating that the application has been referred to the Secretary of State; and (c) containing a statement that the Secretary of State will, if the applicant so desires, afford to the applicant an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and that the decision of the Secretary of State on the application will be final.

Development not in accordance with the development plan 27. A local planning authority may in such cases and subject to such conditions as may be prescribed by directions given by the Secretary of State under this Order grant permission for development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2011, as amended by the 2015 Regulations, consolidate recent changes resulting from EU policy and case law and seek to make the Regulations more accessible.

Finally, in respect of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 amended by the 2015 Regulations, AGA submitted a Screening Opinion request to Birmingham City Council on 12.10.07 in accordance with the now superseded Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 to ascertain whether the Beorma Quarter project would require an Environmental Impact Assessment (EIA) to accompany any subsequent planning application. BCC issued its Screening Opinion on 27.11.08 confirming that, when the criteria set out in the Environmental Effect Test were considered, an EIA would be required because the proposed tall building would have a noticeable impact on the City’s skyline and an impact on buildings of national

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significance, including St Martins Church and the iconic Selfridges building, which would be of more than just local interest. With the introduction of The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and the latest 2015 amendments, BCC has advised that a new Environmental Statement should accompany any application for amended Phases 2 & 3 and this has been submitted.

5.4 Local Planning Policy

 General Local Planning Policy

At the local level, planning policy is presently undergoing change with the current Unitary Development Plan for Birmingham incorporating Alterations 2005 (The Birmingham Plan), which looked forward to 2011, being replaced by the new Local Development Framework (LDF), notably the Pre-submission Version of the Birmingham Development Plan (BDP) (December 2013). The emerging BDP sets out a vision and objectives for the future of Birmingham and will be a City-wide spatial strategy. Although only in its Pre-Submission form, BCC advises draft BDP policies, whilst potentially subject to change as a result of the on-going Examination in Public process, will carry increasing weight in terms of decision making in late 2015, when the Council is expected to receive the Inspector’s report, and full weight on the BDP’s anticpated adoption by the Council at year end.

At present, however, with three unsaved exceptions, all policies within the Birmingham Plan that are compatible with the NPPF also remain relevant to the determination process. Consequently, both the older saved & extended Birmingham Plan policies and the newer draft BDP policies that are relevant to the amended Phase 2 & 3 proposals now being submitted are considered in further detail below.

Unitary Development Plan for Birmingham incorporating Alterations 2005 (The Birmingham Plan)

Birmingham Plan - Use Policy

Whilst there are no specific use policies for the Beorma Quarter site in the Birmingham Plan, sections within Chapter 15 – City Centre refer to SPGs for the Bullring Redevelopment Area and Eastside, both of which contain further detailed policies for those specific initiatives (see SPGs below).

Paragraphs 15.33 & 15.34 of the City Centre Core section of Chapter 15 do, however, encourage lively and colourful ground floor uses, including restaurants and cafes, as well as

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the use of upper floors for non-retail uses and particularly housing which, in an appropriate mix, can bring the City to life in the evening.

In addition, paragraph 15.62 within the Digbeth Millennium Quarter section of Chapter 15 notes that as the proposed redevelopment of the Bull Ring will result in the physical expansion of the regional shopping centre into the Digbeth Millennium Quarter:

Further site-extensive bulky goods retailing, including showrooms, and office activity is appropriate adjacent to the Ring Road (Commercial Policy C4), and along Digbeth and High Street, Deritend. This would be consistent with the development of the latter road as a major arterial route into the City Centre providing direct access from the NEC and Airport (Commercial Policy C23).

Paragraph 15.67 also concludes that residential elements must form a vital component of any major mixed use scheme throughout the area.

Paragraph 15.94A, within the section on the Bullring/Market Quarter, notes that the Digbeth and Cheapside areas contain a concentration of developing Irish businesses and community facilities and encourages the development of a distinctive Irish Quarter as a lively mixed use area including residential, commercial and cultural uses. Paragraph 15.95 further notes that industrial activity is a major employer in the area and BCC intends to provide financial support to create an improved environment and promote further industrial and commercial activity.

Birmingham Plan - Regeneration Area Policy

In terms of wider regeneration area policy, Fig. 15.1 entitled “Principal Areas of Development Potential” shows the Beorma Quarter site lying within the boundaries of 3 key regeneration area initiatives:

1. The Bullring Major Development Area 2. The Digbeth Millennium Quarter 3. The Eastside Initiative

The Bullring Major Development Area was designated to control the coordinated physical and economic development of the old Bullring, to lessen the physical barrier created by Moor Street/Queensway and to improve the integration of the Digbeth Millennium Quarter with the City Centre Core. Paragraph 15.27 within the City Centre Core section of Chapter 15 notes that the redevelopment of the Bullring will encourage a flow of pedestrians towards Digbeth and efforts should be made to create development that improves pedestrian linkages. Paragraph 15.36 also notes the need to improve the physical environment of the City Centre

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and promote more pedestrian-friendly measures, including pavement widening. Paragraph 15.94, however, within the section on the Bullring/Market Quarter states that Digbeth will remain a primary means of access for buses and cars to the market area and City Centre car parks.

The Digbeth Millennium Quarter is physically bounded by Moor Street/ Queensway, the Ring Road and two major radial routes: Digbeth (A41) and Jennens Road (A47). Paragraph 15.54 notes the Quarter is characterised by predominantly industrial development and significant economic activity, although it does contain a good deal of obsolescence and dereliction. Paragraph 15.54B notes that parts of the Digbeth Millennium Quarter are of great architectural and historic importance and new development will be expected to respect the character of these areas. It also notes that a new conservation area has also been designated around Digbeth, Deritend and Bordesley High Street, an area which developed in the 13th and 14th centuries as Birmingham’s first suburb. BCC asserts that much of the area’s historic development pattern has survived and it contains important historic buildings, structures and archaeological remains.

Paragraph 15.55 notes that whilst the Digbeth Millennium Quarter has had only tenuous links with the rest of the City Centre in the recent past, e.g. public car parking adjoining Moor Street/Queensway, major developments within the Masshouse area are now changing the character of the area. Paragraph 15.59 indicates that opportunities exist for new mixed-use development within the area, which can take advantage of its good accessibility and industrial heritage.

BCC has adopted a set of Masterplan principles to guide the redevelopment of the adjoining Masshouse area (paragraph 15.60 of Chapter 15) but several of the more generic principles could equally apply to Digbeth:

 provision of a new pedestrian and cycle-friendly network of streets and squares which are laid out in a legible manner, having regard to landmark features and topography;  full integration of the new street network with the City Centre Core and Digbeth areas, including high quality connections with major developments such as the Bull Ring, Martineau Galleries and Millennium Point;  development of other complementary uses, such as tourism and leisure, with lively ground floor uses on key corridor routes; and  provision of public transport with high standards of convenience, attractiveness and safety;

With regard to the Eastside Initiative, paragraph 15.54A of the Plan affirms that this regeneration project covers part of the Digbeth Millennium Quarter, as well as the Bull Ring

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and the Martineau Galleries. The aims of the Initiative are defined as integrating all development within a coherent framework, extending central area functions and activities out to the Ring Road (probably to include a new City Centre Park), establishing a “Learning Quarter” within the area and significantly enhancing pedestrian linkages. The Eastside Masterplan has now been adopted (see below).

Birmingham Plan – Archaeological, Listed Building and Conservation Area Policy

Chapter 8 covers Additional City-wide policies including Development affecting Archaeological Remains. Paragraph 8.36 states that development proposals affecting archaeological remains will be considered in the light of the following policies:

 an assessment of the archaeological aspects of development proposals will be required from applicants before the planning application is determined. Planning permission will not be granted in cases where the assessment of the archaeological implications is inadequate.  development proposals which will have an adverse effect on scheduled ancient monuments and other nationally important archaeological remains and their settings will not be allowed.  development adversely affecting other known archaeological remains will be resisted although permission may be granted if the applicant has demonstrated that particular archaeological remains will be satisfactorily preserved either in situ or, where this is not feasible, by record.  where appropriate, Section 106 agreements will be negotiated to protect, enhance and interpret archaeological remains.

More detailed policies are contained in BCC’s Supplementary Planning Guidance (SPG) documents - Conservation Strategy (1999) and Archaeology Strategy 2003.

Paragraph 3.25 of the Plan, within the section covering Conservation of the Built Environment, concerns development affecting listed buildings and notes that it should preserve or enhance its character, particularly with regard to:

 Securing the retention, restoration, maintenance and continued use of buildings of special architectural or historic interest  Demonstrating that every effort has been made to preserve the structure of the building in toto , thus avoiding demolition or partial demolition;  Ensuring any change of use of a listed building is appropriate in terms of the character and appearance of the building;

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 Ensuring external and internal alterations or additions do not adversely affect its architectural or historic character; and  Ensuring any adjacent new development preserves and enhances the setting of a listed building

Paragraph 3.26 makes clear that BCC will also resist the demolition of buildings or other structures on the “Local List” of buildings of local architectural, archaeological or historic interest which do not possess statutory protection. Moreover, their settings should be preserved, any alteration works should preserve features of architectural or historic interest and, if necessary, any new buildings should be of equivalent value in terms of quality and contribution to setting.

Paragraph 3.27 refers to conservation area policy and confirms that Character Appraisal and Management Plans (CAMPs) will be prepared for all conservation areas within the City.

Birmingham Plan - Environment and Design Policy

BCC’s Policy Statement in respect of the environment is set out in Chapter 3 and is based on two principles:

(a) the need to protect and enhance what is good in the City’s environment, and to improve what is less good; and

(b) the need to recognise the key relationship between environmental quality and levels of economic activity.

Paragraph 3.11 notes that positive action to improve the quality of the environment is also required and, to that end, works to the City Centre are a top priority. With regard to sustainability, the local Agenda 21 process, which is being facilitated by the City Council is intended to encourage, amongst other things, the emergence of initiatives to improve sustainability and this will be supported whenever it is consistent with the UDP Strategy.

Paragraph 3.14 states that the design and landscaping of new developments will be expected to contribute to the enhancement of the City’s environment. Moreover, it is noted that good design can also help to promote and secure sustainable forms of development.

Paragraph 3.14A indicates that in order to ensure a high standard of design in all new developments in accordance with the advice previously set out in PPG1 (now replaced by the NPPF) BCC has evolved a series of general good design principles covering the design of, and the relationship between, buildings, streets, squares, parks, nature conservation areas,

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waterways and other spaces that make up the public domain. Not only does this include the nature and quality of the public domain itself, but also the relationship of one part of the City with other parts and the patterns of movement and activity which are thereby established.

Paragraph 3.14B notes that when submitting applications for new development, including outline applications, developers will be expected to demonstrate that the scheme has been considered as part of its context and that all development proposals should be accompanied by Design and Access Statements.

Paragraph 3.14C states that development should have regard to the development guidelines set out in “Places for All”; “Places for Living”; the Conservation Strategy; and any other relevant Supplementary Planning Guidance/ Documents.

Birmingham Plan – Urban Design Policy

Paragraph 3.14D indicates that applications for new development will be assessed against the following urban design principles:

 The City Council will have particular regard towards the impact that the proposed development would have on the local character of an area, including topography, street patterns, building lines, boundary treatments, views, skyline, open spaces and landscape, scale and massing, and neighbouring uses [see, inter alia Supplementary Planning Guidance: High Places – a planning policy framework for tall buildings 2003];  Local characteristics which are considered detrimental in terms of urban design and which undermine the overall character of the area should not be used as a precedent for the design of new developments; for example, buildings that back onto the public realm;  The scale and design of new buildings and spaces should generally respect the area surrounding them, and should reinforce and evolve any local characteristics, including natural features such as watercourses, which are considered to be positive;  People should be able to move around freely, easily and safely throughout the City: therefore in new developments, streets and routes should generally link up rather than take the form of culs-de-sac and dead ends;  Mixed uses will be encouraged in centres, and in other areas where they can contribute towards meeting an identified local need;  To ensure that places feel safe, pleasant and legible, the fronts and backs of buildings should be clearly defined. Windows and more active rooms should face the public realm and main entrances should open onto the public realm, whereas the backs of buildings should be private and face other backs;

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 Landscaping should be an integral part of all major development proposals, and this should be designed to complement the new development and the surrounding area;  Any existing mature trees should be retained where possible, and the planting of new trees will be required where appropriate in accordance with the policy set out in paragraph 3.16A below.

Birmingham Plan - Sustainable Development Policy

Paragraph 3.14E states that development should be designed to ensure it will reduce harmful impacts and respect the principles of a sustainable environment. Consequently, applications for development will be assessed against the principles set out below and new paragraph 3.14F confirms that they will be applied throughout the City:

 Layouts should be designed to minimise reliance on the private car and encourage walking, cycling and the use of public transport;  Existing buildings should be re-used wherever possible and where re-use would contribute to environmental quality;  Consideration should be given to the use of environmentally friendly materials, including the re-use of materials, where appropriate;  The orientation, external and internal design of buildings, and use of landscaping, should maximise the use of natural heat and light, contribute to local biodiversity and minimise the use of non-renewable energy sources. The use of renewable energy sources will be actively encouraged;  Good thermal and noise insulation should be provided;  Consideration should be given to the use of higher densities and more compact layouts where they will not conflict with other Plan policies or with other good urban design principles;  Consideration should be given to measures that will minimise the consumption of water, for example by the re-use of grey water and water saving devices and practices  Buildings should be long-life and flexible and capable of being adapted for a variety of other uses with the minimum of disruption;  Any contamination on a site should be assessed, and if necessary, remediation work carried out to ensure that the site is fit for the use for which it is intended.

Birmingham Plan - Lighting Policy

Paragraph 3.14G in the Birmingham Plan seeks to ensure the image of the “City at Night”, and particularly that of the City Centre, has the highest quality in order that Birmingham can be seen as an attractive place after dark. BCC asserts that well-designed lighting helps to improve pedestrian safety, road safety and legibility. BCC further states:

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An approach combining high quality lighting of buildings, places and spaces, can enhance the quality of the environment and even change it to create a more exciting night-time character. However, the City Council wishes to limit light pollution by avoiding unnecessary uplighting. The local planning authority will encourage developers to provide imaginative lighting that enhances the night-time appearance of the scheme and the amenity of the area. In appropriate circumstances these will be secured through the use of Section 106 agreements. This will be particularly important in the case of major projects in prominent locations

Birmingham Plan - Public Art Policy

In respect of public art, paragraph 3.15 confirms that:

in order to add variety to the visual environment, the local planning authority will, in appropriate cases, encourage the provision of new works of art as part of schemes of development and will have regard to the contribution made by any such works to the appearance of the scheme and to the amenities of the area. In appropriate circumstances these will be secured through the use of Section 106 agreements. This approach will be of particular importance in the case of major projects in prominent locations.

Birmingham Plan - Accessibility and Safety Policy

With regard to accessibility and safety, paragraph 3.16 in the Birmingham Plan states that: the design of new developments where the public are admitted (including extensions to existing buildings, changes of use, open space and places of employment) should make provision for the access and other needs of all sectors of the community, including, for example, the elderly and infirm, people with disabilities and parents with pushchairs. Everyone, including people with disabilities and parents with pushchairs, should be able to gain access to buildings and other facilities through a main entrance wherever possible. Shopmobility schemes will be encouraged in centres and may be secured through the use of Section 106 agreements where appropriate. The design of the environment influences both the actual and the perceived threat of crime - two factors which are major problems affecting the quality of life. The adoption of suitable measures at the design stage, in consultation with the police where appropriate, will be of particular importance.

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Birmingham Plan - Housing Policy

Any residential component within the Beorma Quarter Phases 2 & 3 development will touch on a number of areas of housing policy in the Plan.

With regard to “City Living”, paragraph 5.32B notes that locating residential accommodation in the City Centre is beneficial as, inter alia, it creates homes near where large numbers of people work, in areas well served by public transport. Consequently, the construction of new dwellings, conversion of other uses to residential, re-use of vacant residential properties and “living over the shop” will all be encouraged. Digbeth is specifically identified as a location with considerable potential for new housing. BCC officers will also seek an element of residential development in mixed-use schemes, such as that proposed for Beorma Quarter, providing:

 It would not undermine the primary economic function of an industrial or commercial area.  It would not have an adverse effect on the historic character of a Conservation Area or Listed Building;  It would not create an unacceptable living environment for the occupants of the proposed housing.

In respect of Affordable Housing, paragraph 5.37 in the Birmingham Plan states that balanced provision of affordable and market housing across the City will be sought and the issue is covered in some detail in the Affordable Housing Supplementary Planning Guidance adopted by the Council in 2001. In paragraph 5.37A, BCC defines affordable housing as comprising:

A. Housing provided by an organisation - such as a Registered Social Landlord [RSL] or local authority - which is allocated on the basis of need. While such dwellings will normally be made available for rent they may also include subsidised low-cost home ownership, such as shared ownership, where a Registered Social Landlord or local authority retains a continuing interest.

And

B. Low cost market housing, which may help to meet the needs of first time buyers, single people, the elderly and other low income households, who cannot afford to rent or buy houses generally available on the open market.

BCC defines “Low cost market housing” as private housing that is subsidised or discounted to the extent that it is significantly below the market purchase price or rent for a similar property

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within the area. The proportion of subsidy or discount will relate to local house prices and/or rental levels and local income levels, and must be available in perpetuity to subsequent occupiers of the housing.

Paragraph 5.37B states that in order to meet the City’s overall requirement for affordable housing, BCC will seek the inclusion of an element of affordable housing on housing developments on sites of 25 dwellings or more, or 1 ha or more, or such thresholds as may be set in future Government guidance and this will be secured through Section 106 Agreements. In fact, BCC has reduced the threshold which triggers an affordable housing requirement to 15 dwellings or more. On private sites, the Plan indicates that BCC will negotiate for the provision of:

 25% of total dwellings to be affordable dwellings as defined in part A of the above definition, and  10% of total dwellings to be affordable dwellings as defined in part B of the above definition.

Paragraph 5.37C advises that the City Council will provide details of the precise affordable housing mix it is seeking when individual proposals are brought forward by developers. The scale and nature of the affordable housing sought will depend on a number of factors including:

 Local housing needs (as defined by the Local Housing Authority)  The suitability of the site and other economic constraints  Accessibility to public transport and proximity to centres  Other policy objectives (e.g. tenure diversification)

In exceptional circumstances, paragraph 5.37E indicates that BCC may consider provision of the affordable housing element off-site, subject to an equivalent level of housing need being met:

This may be either by way of the developer directly providing affordable units on the alternative site, or by making a financial contribution to enable the provision. The meeting of other policy objectives and/or the economics of housing provision could provide justification for such off-site provision.

In this regard, discussions with officers have indicated that, in this particular instance, a financial contribution towards the provision of affordable housing elsewhere in the City, secured by way of a s106 Agreement, would be preferable.

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In addition, paragraph 5.37F confirms that in Housing Priority Areas, as defined by the City Council’s annual Housing Strategy Statements, BCC will support the use of Social Housing Grant to assist in the provision of appropriate affordable housing. However, developers would be expected to secure affordable housing provision without recourse to such grant within Housing Priority Areas when appropriate grant support cannot be identified by the City Council and on schemes outside the Housing Priority Areas.

With regard to Housing Densities and Types, paragraph 5.38 insists that housing densities must reflect the approach set out in the “Places for Living” SPG:

By and large, a variety of densities are appropriate throughout the City and on particular development sites. The main concern rather is to emphasise the quality of the development and its impact on its surroundings. Higher densities should not be confused with poorer quality development. The City Council will encourage a general increase in average housing densities compared to the densities achieved on development sites in the recent past. Densities of at least 100 dwellings to the hectare will be expected on sites within the City Centre……… A wide range of dwelling sizes and types will be encouraged, to meet the needs of families and to take account of market demands. There may be occasions when these or other special circumstances would justify a lower density. Developers will be expected to provide supporting information justifying the density proposed, should it fall below those set out above.

Birmingham Plan - Planning Obligations Policy

Paragraphs 8.50 – 8.54 and Figure 8.1 relate to the use of Planning Obligations made under s106 of the Town and Country Planning Act 1990 (as substituted by s12 of the Planning and Compensation Act 1991). Paragraph 8.51 notes that:

The City Council will take all appropriate opportunities to negotiate planning obligations……to enable development to proceed, and to secure the proper planning of the development and of the area. The City Council will also encourage developers to provide other planning benefits which are beneficial to the development and the area.

Paragraph 8.53 continues:

In determining the type, scale and mix of benefits, the City Council will have regard to the following:

 This Plan

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 Relevant Local Action Plans, Development Briefs and other Supplementary Planning Guidance  Other relevant City Council policies  Government Guidance  The views of the community and other consultees including Ward Sub- committees  The views of the developer  The type of development  Any specific local needs

In assessing the appropriate level of benefit, the City Council will also take account of the economic viability of the scheme and any exceptional costs associated with the development………

Pre-submission Version of the Birmingham Development Plan (BDP) (December 2013) with Modifications incorporating the Birmingham Core Strategy 2026 Consultation Draft – December 2010.

As advised above, the Pre-submission Version of the Birmingham Development Plan (BDP) with Modifications is still undergoing its Examination in Public, with limited weight being attached to policies until the Inspector’s Report is received late 2015.

Once adopted, the BDP will provide a City-wide framework for change in Birmingham and will replace the saved policies of the Birmingham Unitary Development Plan 2005, with the exception of those policies contained within Chapter 8 of that plan which will continue in force until the adoption of the Council’s proposed Development Management DPD. In addition, it is considered that the city’s greatest asset is the city centre, so, alongside the BDP, the City Council has prepared a more detailed (albeit non statutory) plan to guide future change in the city centre – The Big City Plan (July 2011).

The draft BDP is divided into six parts, as follows:

 Section 1 - provides an introduction to the BDP.  Section 2 - describes the key characteristics of the City and the challenges for the future to which the BDP responds.  Section 3 - sets out the vision, objectives and strategy for how the City will develop over the period to 2031.  Section 4 and 5 – provides detail on how and where the future growth of the City will be delivered.

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 Section 6 to 9 - contains policies covering a range of topics to guide how future growth and development will be managed.  Section 10 and 11 – covering how the policies and proposals will be implemented and monitored. These provide a clear indication of how the BDP will be implemented and the indicators that will be used to measure its success.

The Proposals Map accompanying the draft BDP confirms the Beorma Quarter site lies within a Growth Area and a Conservation Area. Section 3 - The Vision, Objectives & Strategy sets out the Council’s vision for Birmingham, including eleven key objectives which will shape its future development:

 To develop Birmingham as a City of sustainable neighbourhoods which are safe, diverse and inclusive with locally distinctive character.  To make provision for a significant increase in the City’s population.  To create a prosperous, successful and enterprising economy with benefits felt by all.  To promote Birmingham’s national and international role.  To provide high quality connections throughout the City and with other places including encouraging the increased use of public transport, walking and cycling.  To create a more sustainable City that minimises its carbon footprint and waste while allowing the City to grow.  To strengthen Birmingham’s quality institutions and role as a learning city and extend the education infrastructure securing significant school places.  To encourage better health and well-being through the provision of new and existing recreation, sport and leisure facilities linked to good quality public open space.  To protect and enhance the City’s heritage and historic environments.  To conserve Birmingham’s natural environments, allowing biodiversity and wildlife to flourish.  To ensure that the City has the infrastructure in place to support its future growth and prosperity.

Section 4 - Planning for Growth identifies a number of draft BDP policies which are relevant to Phases 2 & 3 of the Beorma Quarter.

Policy PG1 - Overall levels of growth confirms that, over the Plan period, significant levels of housing, employment, office and retail development will be planned for along with supporting infrastucture and environmental enhancements. This will include:

 51,100 homes  approx 270,000 sq.m. gross of comparison retail floorspace by 2026.

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 a minimum of 745,000 sq.m. gross of office floorspace in the network of centres primarily focussed on the City Centre.

Draft BDP Policy PG2 - Birmingham as an International City confirms that Birmingham will be promoted as an international city supporting development, investment and other initiatives that raise the City’s profile and strengthen its position nationally and internationally.

In addition, draft BDP Policy PG3 - Place Making states:

All new development will be expected to be designed to the highest possible standards, contributing to a strong sense of place. New development should:

 Reinforce or create a positive sense of place and local distinctiveness, with design that responds to site conditions and the local area context, including heritage assets and appropriate use of innovation in design.  Create safe environments that design out crime and make provision for people with disabilities through carefully considered site layouts, designing buildings and open spaces that promote positive social interaction and natural surveillance.  Provide attractive environments that encourage people to move around by cycling and walking.  Ensure that private external spaces, streets and public spaces are attractive, functional, inclusive and able to be managed for the long term.  Take opportunities to make sustainable design integral to development, such as green infrastructure, sustainable drainage and energy generating features.  Support the creation of sustainable neighbourhoods (Policy TP26).  Make best use of existing buildings and efficient use of land in support of the overall development strategy

With respect to the City Centre, sub-policy GA1.1 - Role and Function of draft BDP Policy GA1 advises:

Policy GA1.1 The City Council will continue to promote the City Centre as the focus for retail, office, residential and leisure activity within the context of the wider aspiration to provide a high quality environment and visitor experience.

New development should make a positive contribution to improving the vitality of the City Centre and should aim to improve the overall mix of uses.

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The retail core, as defined on the Policies Map, will continue to be focused around The Bullring, New Street, Corporation Street, The Mailbox and Grand Central and improvements to the quality of the environment and the shopping experience within this area. Future comparison retail provision will be supported as part of wider mixed use schemes at Martineau Galleries, the redevelopment of the wholesale markets site and in conjunction with proposals for the HS2 station in Eastside. Appropriate scale retail development will continue to be supported where it complements the existing Retail Core and as part of mixed use redevelopments throughout the City Centre. New leisure uses will be promoted within and on the edge of the retail core to support the diversification of the City’s offer as a top visitor destination.

Independent retailing will also be supported (see policy TP22)

The role of the City Centre as a major hub for financial, professional and business services will continue to be supported. The primary focus for additional office development will be within and around the City Centre Core including Snow Hill and Westside. The area of Brindleyplace, Eastside, along Broad Street and around Five Ways will provide further focus for these uses.

Residential development will continue to be supported in the City Centre where it provides well-designed high quality living environments. Developments will need to provide flexible and adaptable accommodation meeting a range of needs including for families.

As to Sub-policy GA1.2 - Growth and Wider Areas of Change, several parts impact on the Beorma Quarter & Digbeth:

In order for the City Centre to maintain and develop its position as a top visitor destination and driver of the City’s economy, significant new levels of growth will be accommodated. The City Centre has potential to accommodate in the region of 12,800 new homes, 700,000 sq.m. gross of office floorspace and 160,000 sq.m. gross of comparison retail floorspace. The following strategic locations will be the focus of the proposed growth.

Eastside - The ongoing regeneration of this area will enable the City Centre Core to expand eastwards and will require well designed mixed use developments including office, technology, residential, learning and leisure. Any proposals for a HS2 station will need to be integrated into the area creating a world class arrival experience with enhanced connectivity to surrounding areas including Digbeth and the City Centre Core.

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Southern Gateway - This area will be the focus for the expansion of the City Centre Core southwards through the comprehensive redevelopment of the wholesale markets site delivering a vibrant new destination for the City. Development will be supported that diversifies the City’s offer as a retail and leisure destination including niche retail, improved markets, food and leisure space. Residential development will be supported as part of the future mix of uses with opportunities to stimulate the regeneration of the wider area. The redevelopment will require high quality public spaces and routes to be incorporated with a new public event space creating a centre piece for the area. Integral to creating a new destination will be the creation of exemplar development in terms of its architecture and sustainability credentials, the reinterpretation of the historic moat and manor house, the creation of a gateway to the Digbeth creative quarter and space for a new cultural facility. Development across the wider Southern Gateway will need to address the sustainable management of the River Rea Corridor associated with areas of flood risk and be supported by a range of infrastructure (including green infrastructure) and services, employment opportunities and public spaces and improve connections to Highgate.

Sub-policy GA1.3 - The Quarters seeks to reinforce the character of the distinct areas which make up Birmingham. Whilst located within Digbeth, the Beorma Quarter is also on the cusp, or closely connected to, several other surrounding Quarters, so their policy references are also included below:

New development must support and strengthen the distinctive character of the areas surrounding the City Centre Core raising their overall quality, offer and accessibility. The City Centre is formed by seven Quarters with the Core at its heart. Within each Quarter varying degrees of change are proposed that relate to the overarching objectives of delivering ambitious growth whilst supporting the distinctive characteristics, communities and environmental assets of each area.

The City Centre Core - Providing an exceptional visitor and retail experience with a diverse range of uses set within a high quality environment.

Digbeth - Creating a thriving creative and cultural hub with a high quality, exciting and easily accessible environment.

Eastside - Maximising its role as an area for learning and technology realising its extensive development opportunities and the integration of any proposals for HS2 station.

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Southside and Highgate - Supporting the growth of the area’s cultural, entertainment and residential activities and its economic role complemented by high quality public spaces and pedestrian routes.

Draft BDP GA1 sub-policy, GA1.4 – Connectivity, advises:

Measures to improve accessibility to and within the City Centre will be supported, including:

 An enhanced high quality network of pedestrian/cycle routes, public open spaces and squares.  Improvements to and prioritisation of pedestrian and cycle accessibility.  Integration of public transport.

Section 6 of the draft BDP addresses Environment & Sustainability issues. Draft BDP Policy TP1 Reducing the City’s Carbon Footprint relates to the Council’s commitment to reducing CO² emissions by 60% by 2027. In this context, draft Policy TP2 – Adapting to Climate Change, suggests that development design should demonstrate that overheating is minimised and reliance on air conditioning systems reduced. In addition, Policy TP3 advises that from 2016 all new residential developments should aim to be zero carbon and all new non-residential built developments in excess of 1,000 sq. m. gross permitted floorspace, or being developed on a site having an area of 0.5 ha or more, should aim to meet BREEAM standard excellent (or any future national equivalent).

Innovative energy technologies are encouraged by draft BDP Policy TP4 – Low and Zero Carbon Energy Generation and TP5 Low Carbon Economy, although Central Government pronouncements in July 2015 appear to have changed the outlook for such policies.

Turning to the issue of flood risk, draft BDP Policy TP6 – Managing Flood Risk refers, inter alia, to the need to undertake Surface Water Drainage Assessments:

As part of their Flood Risk Assessment (FRA) developers should demonstrate that the disposal of surface water from the site will not exacerbate existing flooding and that excedence flows will be managed. Requirements for discharge from sites are outlined in the SFRA. This will include:

Restrictions to the greenfield run-off rate for:  Greenfield sites.  Brownfield sites at flood risk.  Brownfield sites where there are run-off impacts on a community at flood risk.

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A minimum of a 20% reduction in peak flows between the existing and developed scenarios for:  All other brownfield sites.

Draft BDP Policy TP12 - Historic Environment advises that the historic environment, consisting of archaeological remains, historic buildings, townscapes and landscapes, including locally significant assets and their settings in addition to designated and statutorily protected features, will be valued, protected, enhanced and managed for its contribution to character, local distinctiveness and sustainability. To this end, the policy identifies a number of stringent criteria for new development affecting heritage assets, including the provision of sufficient information to demonstrate how the proposals would contribute to the asset’s conservation whilst protecting or, where appropriate, enhancing its significance and setting.

Draft BDP Policy TP20 – The Network and Hierarchy of Centres states:

The vitality and viability of the centres within the network and hierarchy identified below will be maintained and enhanced. These centres will be the preferred locations for retail, office and leisure developments and for community facilities (e.g. health centres, education and social services and religious buildings). Proposals which will make a positive contribution to the diversity and vitality of these centres will be encouraged, particularly where they can help bring vacant buildings back into positive use.

Alongside new development, proposals will be encouraged that enhance the quality of the environment and improve access. The focus for significant growth will be the City Centre, …………..

With regard to offices, draft BDP Policy TP20 has set appropriate levels for new floor space, advising that a level of 700,000 sqm gross for new office floorspace within the City Centre in the period 2013-31 is appropriate.

In respect of convenience retail provision, draft BDP Policy TP21 establishes that such provision will be supported in principle within centres included in the network of centres, subject to proposals being at an appropriate scale for the individual centre. Proposals should deliver quality public realm and create linkages and connections with the rest of the centre and improve accessibility. In addition, draft BDP Policy TP22 states that proposals which promote and encourage independent and niche retailers across the City will be supported:

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Specifically the City Council will seek to ensure that:

 There is a range of retail premises across the City including provision of smaller units.  Future development within centres consider the need for a range of unit sizes to suit all potential needs.

Draft BDP Policy TP23 Promotion of Diversity of Uses within Centres also advises that:

A diverse range of facilities and uses will be encouraged and supported in centres within the hierarchy, set out in Policy TP20, consistent with the scale and function of the centre, to meet people’s day-to-day needs. This will include:

 Leisure uses.  Offices.  Restaurants, takeaways, pubs and bars.  Community uses.  Cultural facilities.  Tourist-related uses (including hotels).  Residential on upper floors where it provides good quality, well designed living environments.

With regard to local employment, draft BDP Policy 25 confirms the City Council will seek to work closely with developers to identify and promote job training opportunities for local people, and encourage the use of the local supply chain to meet the needs of new developments. To this end, developers will be encouraged to sign up to targets for the recruitment and training of local people during the construction phase of development, and where appropriate for the end use. In addition, developers will also be encouraged to sign up to targets to use the local supply chain where appropriate.

Section 8 - Homes and Neighbourhoods within the draft BDP offers significant support for housing growth but notes that the type and condition of homes, together with the quality of the immediate surroundings, is one of the most important factors affecting quality of life. Draft BDP Policy TP26 Sustainable Neighbourhoods notes that new housing in Birmingham is expected to contribute to making sustainable places. Consequently:

All new residential development will need to demonstrate that it is meeting the requirements of creating sustainable neighbourhoods. Sustainable neighbourhoods are characterised by:

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 A wide choice of housing sizes, types and tenures to ensure balanced communities catering for all incomes and ages.  Access to facilities such as shops, schools, leisure and work opportunities within easy reach.  Convenient options to travel by foot, bicycle and public transport (see Policies TP38-TP40) with reduced dependency on cars and options for remote working supported by fast digital access.  A strong sense of place with high design quality so that people identify with, and feel pride in, their neighbourhood.  Environmental sustainability and climate proofing through measures that save energy, water and non-renewable resources and the use of green and blue infrastructure.  Attractive, safe and multifunctional public spaces such as squares, parks and other green spaces for social activities, recreation and wildlife.  Effective long-term management of buildings, public spaces, waste facilities and other infrastructure, with opportunities for community stewardship where appropriate.

In addition, TP27 – The Location of New Housing requires proposals for new residential development to be:

 Be located outside flood zones 2 and 3a (unless effective mitigation measures can be demonstrated) and 3b.  Be adequately serviced by existing or new infrastructure which should be in place before the new housing is provided.  Be accessible to jobs, shops and services by modes of transport other than the car.  Be capable of remediation in the event of any serious physical constraints, such as contamination or instability.  Be sympathetic to historic, cultural or natural assets.  Not conflict with any other specific policies in the BDP, in particular the policies for protecting Core Employment Areas, open space and the revised Green Belt.

Draft BDP Policy TP29 – The Type, Size and Density of New Housing requires proposals for new housing to deliver a range of dwellings to meet local needs and support the creation of mixed, balanced and sustainable neighbourhoods. Consequently, account will need to be taken of the:

 Strategic Housing Market Assessment (or any subsequent revision).  Detailed Local Housing Market Assessments (where applicable).

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 Current and future demographic profiles.  Locality and ability of the site to accommodate a mix of housing.

New housing should be provided at a target density responding to the site, its context and the housing need with densities of at least:

 100 dwellings per ha within the City Centre.  50 dwellings per ha in areas well served by public transport.  40 dwellings per ha elsewhere.

In assessing the suitability of new residential development full consideration will need to be given to the site and its context……

Draft BDP Policy TP30 underscores the City Council’s commitment to provide high quality affordable housing for people who are unable to access or afford market housing. The main features of the new policy are:

 A developer contribution of 35% towards the provision of affordable housing on residential developments of 15 dwellings or more.  The level of developer subsidy to be established taking account of the above percentage and the types and sizes of dwellings proposed.  Potential negotiations with the developer in order to revise the mix of affordable dwellings (for instance to secure additional larger dwellings) or to adjust the level of subsidy on individual dwellings (a higher subsidy may be required in high value areas). Where such negotiations impact on the number of affordable dwellings secured the level of developer subsidy should be unchanged.  A strong presumption in favour of the affordable homes being fully integrated within the proposed development, although the Council may consider off site provision, for instance to enable other policy objectives to be met, subject to an equivalent level of developer contribution being provided. Off site provision could be either by way of the developer directly providing affordable dwellings on an alternative site, or by making a financial contribution which would enable provision either through new build on an alternative site, by bringing vacant affordable dwellings back into use or through the conversion of existing affordable dwellings to enable them to better meet priority needs.  In phased housing developments, developers will be expected to provide details of the affordable housing provision in each phase, including the number and type of affordable dwellings to be provided.  Where the applicant considers that a development proposal cannot provide affordable housing in accordance with the percentages set out above, for

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example, due to abnormal costs or changing economic conditions, the viability of the proposal will be assessed using a viability assessment tool as specified by the City Council. The use of a standard assessment tool for all development proposals will ensure that viability is assessed in a transparent and consistent way. The level of provision will only be revised where viability has been assessed using the specified tool. Costs associated with assessing the viability of a proposal shall be borne by the applicant.

Draft BDP Policy TP37 emphasises BCC’s desire to create a sustainable transport network where the most sustainable mode choices also offer the most convenient means of travel. To this end, the Council will seek to ensure that land use planning decisions support and promote sustainable travel. In addition, draft BDP Policy TP38 – Walking confirms the provision of safe and pleasant walking environments throughout Birmingham will be promoted by, inter alia:

 Building upon the success in improving pedestrian safety and continuation of the support for the priority of pedestrians at the top of the road user hierarchy ensuring that in centres and residential areas, the public realm environment reflects this priority.  Ensuring new development incorporates high quality pedestrian routes which will promote walking as an attractive, convenient, safe and pleasant option for travel including to and from bus stops, train stations and Metro stops.  Ensuring good design of pedestrian routes/areas reflecting desire lines and providing adequate way finding facilities where appropriate whilst ensuring that routes/areas are free from unnecessary clutter.

Draft Policy TP39 Cycling also confirms this mode of transport will be encouraged through a comprehensive city-wide programme of cycling infrastructure improvements (both routes and trip end facilities) supported by a programme of cycling promotion, accessible cycling opportunities, training and travel behavioural change initiatives. This will include, inter alia:

 Development of different route types e.g. improvements to major radial roads and other main roads including improved crossing facilities and creating new, quieter, parallel routes, using roads with lower speed limits and traffic flows, linking residential areas, green spaces, local centres and transport interchanges in order to encourage short trips and offer an alternative to busy A and B roads.  Incorporating cycling into the ‘Interconnect’ on-street wayfinding totems currently being rolled out across the City Centre, and using improved direction signing.  Improving cycle security with upgraded parking and trip end facilities within the City Centre and local centres.

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 Increasing access to bicycles with cycle loan and hire opportunities.  Providing enabling support to take up cycling through training and travel behaviour initiatives.

Draft BDP Policy TP43 - Traffic and Congestion Management seeks to optimise the use of existing highway infrastructure across all modes by prioritising investment in the highway network to support the city’s sustainable transport network and development agenda. Among the required measures are:

 Ensuring that the planning and location of new development also supports the delivery of a sustainable transport network and the development agenda.  The prevention or refusal of development on transport grounds where the residual cumulative impacts of development are severe.  A requirement for Transport Assessments/Statements and Travel Plans as necessary in line with the relevant national guidance.

Draft BDP Policy TP44 Accessibility Standards for New Development confirms that all major development which is likely to generate either solely or in combination with other related developments more than 500 person-trips per day should aim to provide:

 An appropriate level of public transport provision (in terms of frequency, journey time and ease) to main public transport interchanges at the most relevant times of day  Associated public transport stop(s), with shelters and seating, within 80m of the main focal point(s) for the location - this condition may be relaxed if the location is within an established local shopping centre. In circumstances where this standard is not achievable, accessibility to bus services should be in line with Centro’s accessibility standards.  Real Time Information (RTI) as appropriate (e.g. in a reception area, at the main outbound public transport shelters).  Good cycle access with a commensurate number of convenient cycle stands, with cycle shelters where stays are likely to be of longer duration.  Good pedestrian access, with seating where relevant.

Proposals for residential development should demonstrate that they are accessible to a range of local services such as General Practioners (GPs), Primary and Secondary Schools, local shops and open space.

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Although yet to be translated into a BDP policy, and therefore carrying little weight, Policy SP38 of the earlier Consultation Version of the Birmingham Core Strategy – Car Parking, also stated that the City Council would take account of the following factors in determining the appropriate level of car parking provision in new developments:

 The need to minimise congestion and promote more sustainable patterns of travel  The need to ensure that the city is not disadvantaged in respect of its ability to attract investment  To ensure that the operational needs of new developments are met  The likelihood that any existing on-street parking problems will be made worse  The need to ensure that on-street parking remains at levels which can be accommodated within the capacity of the highway  The need to ensure that the quality of the environment in residential areas is maintained  The need to avoid land being unnecessarily sterilised by car parks  The need to be consistent with national maximum parking standards

Birmingham Big City Plan (July 2011)

The Big City Plan, launched in September 2010, will sit alongside the emerging BDP as a non- statutory document that sets out a vision and framework for how the City Centre will be transformed and its key proposals are reflected in the BDP.

The City Plan is divided into three sections:

 Key issues facing the physical development of the city in the next 20 years and the council’s strategic responses  A detailed overview of how the City Centre will develop over the Plan period  How the Council proposes to deliver its vision

For the purposes of the master plan, the City Centre has been split into seven distinctive ‘quarters’.

The Plan considers how the city centre population might grow, through the provision of new housing, including over 5,000 new homes in the areas of Transformation to attract more families to live in the City Centre. It is intended to expand the housing offer in the City Centre. The proximity of housing to where people work and educate their children will be an important feature of living in the city centre, supporting sustainable city living.

Concentrations of housing are envisaged a number of areas:

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Development of a diverse provision of housing; utilising and respecting the historic environment of Digbeth; St George and St Chad; and the Jewellery Quarter. It is the Council’s intention to encourage more people to live in Digbeth recognising that those who do so will have to embrace urban living environments.

In terms of sustainability objectives, proposals include improving public transport, promoting a network of pedestrian and cycle routes; extending the network of electric charging points for motor vehicles; supporting denser mixed-use developments including more housing; creating and improving open spaces including more green infrastructure; promoting the use of new technologies; and emphasising the role of built heritage for conversion and re-use. These, in the Council’s opinion, will all contribute to creating more sustainable patterns of development.

In terms of employment, the Plan notes as one of its objectives:

Strengthening of the potential for the Jewellery Quarter and Digbeth to provide a range of accommodation for creative industries, professional practices and start ups whilst respecting the historic environment of these areas.

The City Core will be allowed to expand beyond its current boundaries, including to the southeast towards Southside, Highgate and Digbeth. The Digbeth Quarter Plan proposes that there will be further development of art and craft/alternative independent sectors centred on Digbeth High Street and the Jewellery Quarter and that entertainment and leisure activity will focus around Broad Street, St Paul’s Square and Digbeth High Street. The Plan outlines various proposals to improve connectivity within the City Core including into and out of Digbeth with new connecting roads proposed between Digbeth High Street and Pershore Street as well as between James Watt Queensway and Digbeth.

In respect of heritage, the importance of Digbeth in terms of remnants of the medieval street pattern and the importance of archaeological remains are noted. The overall ambition for the Digbeth Quarter is to use its historic roots as a foundation for growing its established creative businesses and developing a vibrant urban community with entertainment, living and cultural opportunities. It is intended that through embracing the existing building fabric and delivering a high quality, exciting and safe public realm, Digbeth will become a flourishing, creative and cultural hub for the city.

It is noted that, in Digbeth, the fundamentals are already present to create a thriving, active and authentic part of the City Centre. With some enhancements to the physical infrastructure

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of the area, the Council considers that its potential can be truly fulfilled. To facilitate this renaissance, the Council will address a number of keys issues including:

 Providing safe and convenient connections into and through the Quarter  Supporting its gritty and authentic character  Balancing the needs of local businesses, residents, cultural and creative activities  Responding to the opportunities and challenges that HS2, in neighbouring Eastside, will bring.

The opportunity presented by the proposal for HS2 rail service and the new station on the northern edge of the quarter is considered by the Council to offer great potential to connect Digbeth to the City Core and bring renewed focus to the north of the quarter for a mix of uses.

Part 1 of the Big City Plan (pp30-31) also contains a section on Building Heights and this effectively updates the Council’s Tall Buildings SPG. The Big City Plan enlarges the existing SPG’s Central Ridge Zone to create a New Height Ridge Zone within which tall buildings may be appropriate and this new Zone includes, and indeed identifies, the 2009-consented Beorma Tower.

The Eastside Masterplan

The Eastside Master Plan – Curzon District - forms part of The Big City Plan. Published in December 2011, it is intended to take the vision and concepts for the regeneration of Eastside to a higher level. The Eastside Masterplan replaces the Eastside Design and Movement Framework.

The Eastside Regeneration Area Initiative was first established by BCC to bring about the regeneration of the Eastside of Birmingham City Centre, following the decline of manufacturing industry, by focusing on 3 concepts: learning, heritage and technology. Building upon Millennium Point and the Bullring Shopping Centre, the 2001 Eastside Development Framework SPG sought to encourage city centre expansion, the creation of a new quarter and sustainable economic regeneration. The Framework identified an opportunity to widen the mix of uses within the area to include education and technology, residential, leisure, offices, workspaces, design studios and specialist retailing due to its location beside the City Centre and the number of vacant buildings and underused sites.

The Beorma Quarter site lies within a transitional area between the City Centre Core and Digbeth, where overcoming physical and visual severance through the introduction of active, connecting streets, new green spaces and visual links is considered to be key to successful regeneration. The Masterplan continues to identify Eastside as an area of Transformation and

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high density urban blocks are proposed to link Eastside into the grain of the City Core and Digbeth Quarters of the City Centre.

Transforming pedestrian access into, and through, Eastside will play a key part in promoting the economic growth of the Quarter and the adjoining area of Digbeth. In this respect, it is considered that high quality pedestrian links through the HS2 station and below the line’s viaduct will be vital in transforming links into the northern part of Digbeth.

A second access is proposed to the HS2 station linking east side and Digbeth. It is considered that the additional HS2 station entrance and improved connections to the northern part of Digbeth will transform the development potential of Typhoo Wharf, Wharf and other sites, with wider investment to follow. This forms part of The Big City Plan’s aim to create a rich and creative cultural quarter within Digbeth.

Regeneration through Conservation – Birmingham Conservation Strategy (SPG - 1999)

The Birmingham Conservation Strategy makes the case for using historic buildings, traditional street patterns and urban landscapes to provide local distinctiveness. Page 2 of the SPG refers to Digbeth as a district with a wealth of older commercial and industrial buildings looking for a new future, which offer a range of conversion opportunities. In particular, the economic regeneration of Digbeth through the use of positive conservation policies and skills is identified as one of eight Priority Objectives. On page 19, the SPG emphasises that:

[conservation area] designation does not need, however, to prevent or stultify new design and development in conservation areas where an opportunity arises. Replication or pastiche in fact rarely provides a solution.

Pages 20-21 of the SPG sets out Digbeth’s historic legacy, referring to the development of the Digbeth area, the placing of Digbeth Cold store on the Local List in 1992 (now Grade 2 on the Statutory List) and the designation of the Digbeth, Deritend and Bordesley High Street Conservation Area. The importance of below-ground archaeology is referred to, as is the intention to produce a detailed character appraisal of Digbeth to provide guidelines for new design and development. The section concludes by emphasising that re-use and historic interpretation will complement new buildings and new attractions creating a desirable area with a vibrant economy rooted in the City’s beginnings.

Archaeology Strategy (SPG - 2003)

BCC’s Archaeology Strategy provides detailed advice to developers on the archaeological implications of development schemes. It explains the practical application of Government

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advice and the City Council's own policies, particularly in the light of recent cases which have demonstrated the quality of the city's archaeological remains and how they can be properly protected and managed without preventing or discouraging the regeneration which is essential to Birmingham's future. The Strategy sets out what the City Council will require from potential developers to achieve this, and the Council's own role in the process. The SPG defines the key strategic objectives as being:

 To safeguard archaeological remains in the planning process in accordance with national and local policies and best practice.  To encourage developers to discuss archaeological implications at an early stage.  To develop the Sites and Monuments Record into a Historic Environment Record.  To increase public awareness of the City’s archaeological remains.

The SPG also identifies a key aim as being the intention to secure service improvements by reducing the time taken to determine planning applications with archaeological implications by recommending pre-application consultation and encouraging assessment before the application is submitted.

The SPG then proceeds to list 18 policies, ranging from seeking advice to evaluation & assessment, amongst which Section 5.21 including Policy 14 is highly relevant:

The City Centre

5.21 The present city centre (i.e. within the Middleway) includes the historic heart of Birmingham around St Martin’s church and areas of residential, industrial and commercial development over several centuries. Excavations in the Bull Ring and elsewhere in the City Centre have demonstrated the extensive survival of well- preserved archaeological remains from the 12th century onwards and including industrial residues and waterlogged deposits in which organic remains survive. There are likely to be similar remains of medieval and later date along the whole of Digbeth and High Street Deritend. In north Digbeth archaeological remains of 18th and 19th century date survive. The area of archaeological significance in Digbeth and Deritend is shown on the map above. Alongside the in the city centre and in other parts of the city there are above and below ground remains of canalside industries.

POLICY 14 Archaeological remains in the City Centre:

The City Council will require planning applications for development involving significant ground disturbance or alteration to historic buildings in Digbeth, Deritend and adjoining parts

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of the City Centre to be accompanied by an archaeological assessment. This will depend on the extent of proposed development and the archaeological sensitivity of the location as indicated by existing information. The assessment will normally include an archaeological evaluation. If the assessment shows that archaeological remains are likely to be affected by the proposed development, the City Council will require archaeological excavation and/or building recording in advance of commencement of development if preservation of archaeological remains in situ is not feasible.

Historic Environment Study – Birmingham Archaeology (2005)

In January 2005, Birmingham Archaeology undertook a Historic Environment Study of a site bounded by Digbeth, Allison Street, Well Lane and Park Street in Birmingham City Centre; in other words, the Beorma Quarter site. The Summary confirms that the study area lay close to the centre of the medieval town of Birmingham and noted that:

……the southwestern half of the study area had been settled since the Middle Ages, probably since the foundation of the town in 1166, and that the street and property pattern is to a large extent derived from that period.

Digbeth formed the principal route to and from the east in the medieval period, and was probably part of the 12th-century town layout, whereas Park Street is likely to have been a 13th-century creation. Orwell Passage, began life as a service road c.1900, but probably preserves part of the line of an early watercourse that was in use during the 12th century. This watercourse, part of which has been excavated on the edge of the study area, took the form of a ditch, some 7m wide and at least 2m deep. It served to confine the 12th-century town as well as to demarcate the rear extent of the properties facing Digbeth. Although changes have occurred over the centuries, including amalgamation of plots, and a considerable amount of rebuilding, the present delimitations of these Digbeth plots and buildings probably preserve the positions of several medieval property boundaries, and hence represent continuity from the foundation of the town in the 12th century to the present day.

Allison Street, which borders the area to the southeast, was formed at the end of the 18th century, probably as a response to the creation of the Digbeth Branch in 1790, and the opening up of this area to development. Well Lane, which forms the north-eastern side of the study area, was built c.1809 by the Inge estate. Buildings followed, including small industrial concerns at least two of which were exploiting the water supply by the mid-19th century.

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Birmingham Archaeology goes on to note that the buildings that occupy the site today range in date from the mid-19th century to the mid-20th century and several are of good architectural quality with three buildings along the Digbeth frontage being locally listed (Nos 136 – Grade A and Nos 137 and 138-9 – Grade B). In the immediate vicinity of the site there are also two Grade II listed buildings - Digbeth Coldstore (currently undergoing conversion & refurbishment) and RTP Crisps on the corner of Allison Street & Well Street (the former Umbrella or Brolly Works) and a Grade A locally-listed building Digbeth Police Station. Birmingham Archaeology concludes the summary:

The significance of the study area is that it represents the remarkable survival of part of the medieval town plan, whereas nearly all the other property boundaries of that date have been lost. It is even more consequential in that it preserves aspects of the plan of the town founded of 1166, and therefore, along with the Church of St Martin, embodies one of the last physical reminders of that early settlement. It is recommended that in any proposed redevelopment of the area, these medieval boundaries are preserved.

With guidance from BCC’s City Archaeologist, Birmingham Archaeology have also produced an Archaeological Assessment (2008) and an Archaeological Evaluation (2008) for the applicant as part of the preparatory works for the Beorma Quarter planning application and more details are contained in the Environmental Statement accompanying this application.

Digbeth, Deritend, Bordesley High Street Character Appraisal and Supplementary Planning Policies (SPD) (2009)

The Digbeth, Deritend and Bordesley High Streets Character Appraisal with SPPs was published in 2009. In terms of new development in the historic environment, paragraph 32.2 states:

 All new buildings should follow the street frontage line at back of pavement. Dominant architectural elements or features, which project beyond the building line will not be permitted.

 New buildings should not generally appear to be significantly higher or lower than their neighbours and should reflect the building heights characteristic of the locality or character area. This will normally limit new buildings to a maximum of six industrial/commercial storeys. Where setback storeys are employed to reduce apparent height these must be in proportion to the street frontage elevation and should be carefully designed to minimise bulk and mass.

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 The roof forms and rooflines of new buildings must complement the roof forms and roof lines of the surrounding and/or adjoining buildings. Space for plant should be treated as integral to the design of any new building and must be included in all design statements. It should normally be provided at basement level. Where rooftop plant/service equipment is unavoidable it must be designed and sited to avoid any adverse visual impact.

 The plan form and architectural treatment of new development should complement the historic and architectural character of the conservation area. In particular, principal elevations must always front the street.

 New development should respect the proportion of solid to void found in the elevations of traditional buildings. Windows should be set within reveals of sufficient depth to add definition and interest to the façade.

 Local identity should be reinforced through the use of materials traditionally employed in the area. All building materials should be of high quality.

 Architectural detail of high quality and which contributes to scale, proportion and legibility will be encouraged. Indiscriminate, fussy and arbitrary use of applied features or detail will be resisted.

High Places: A Planning Policy Framework for Tall Buildings (SPG -2003)

BCC adopted the High Places document as Supplementary Planning Guidance in March 2003, although the topic has since been revisited with the publication of the Building Heights section of The Big City Plan in July 2010 and the emergence of the draft BDP. Essentially, the SPG lays down a presumption against tall buildings (defined by BCC as buildings exceeding 15 storeys in height) outside the City’s Central Ridge Zone, where most high buildings are located, but adds:

"Unless there are exceptional reasons, tall buildings should not be located in areas where they disrupt an existing coherent townscape of merit or block important views and sightlines of key buildings and spaces; for example in a conservation area or adjacent to listed buildings".

The SPG continues:

"Proposals for tall buildings which do not fall within the CRZ or are located on specific sites identified as appropriate, will be considered on their merit. They will have to

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demonstrate that they fit into and will enhance their local context and comply with Design Guidance in the Birmingham Plan, Places for All" and other appropriate SPGs."

The SPG also includes a list of detailed studies, which must be undertaken if a tall building is included in a scheme including analysis of micro-climate, sustainability, renewable energy etc.

The SPG is updated to some extent by statements made in The Big City Plan, which has a separate section on building heights, noting that tall buildings are acceptable at the northern end of the Beorma site and an enlarged New Height Ridge Zone would provide the opportunity to manage and create an identifiable skyline, memorable for its key buildings. In recognising the value of tall buildings to the city, BCC has developed an approach, which identifies:

 Broad locations suitable for tall buildings  Locations where clusters of taller buildings can be beneficial  Areas where tall buildings are not appropriate

The diagrammatic plan on page 31 of The Big City Plan shows the New Height Ridge Zone where tall buildings could be appropriate. Within that Zone, the approach will be for building heights to rise up from the east towards to the western end of the city ridge to reflect and emphasise the topography of the area.

To the north-west and south-east of the City Core, two zones are identified where tall buildings will be inappropriate.

Lighting Places (SPD – 2008)

Lighting Places was published as a draft Supplementary Planning Document in 2008 following recognition by BCC that there are increasing levels of activity in a 24 hour city that should be supported by a coordinated lighting strategy that complimented guidance for the built environment generally and the city centre and local centres in particular. The Lighting Places SPD is intended to provide guidance which aims at:

enhancing the functional and aesthetic quality of lighting in all its forms as they relate to amenity and safety in the external public places, streets and squares, and on the outside of buildings within the city centre and local centres…….It is a guidance document that should be used by developers and architects to inform the lighting element of their planning submissions. These will be submitted as part of the Design and Access Statement now required to accompany all planning applications.

The introduction to the SPD continues:

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The city centre is made up of different areas with different uses, different architectural characteristics and qualities and different levels and types of activity at different times of the day and night. Each area needs to be considered on it merits and lighting requirements. Some areas will see no change either in the built environment or in the lighting provided. In other areas there will be considerable change and it is here that Lighting Places should have the most impact. Similarly local centres have their own character that lightning can help reinforce. Adopted policy and guidance on lighting for specific areas will encourage developers to provide imaginative lighting that helps define the character of the area, but also enhances the night-time appearance of the schemes.

Following on from paragraph 3.14G of the Plan which deals with the City at Night, the SPD identifies the aims of Lighting Places as enhancing the functional and aesthetic quality of lighting in all its forms in order to:

 Create an exciting and dynamic night-time city environment.  Develop an iconic city skyline.  Make public places safer.  To give greater amenity value to public places.

The SPD then goes on to identify 13 specific policies covering all aspects of lighting:

1. The requirements for, and of, enhanced lighting schemes; 2. Sustainability measures; 3. The use of lighting to create local distinctiveness; 4. The contribution of new development; 5. Requirements for external lighting in new or refurbished buildings next to “address streets”; 6. Requirements for external lighting in new or refurbished buildings next to “access streets”; 7. Contribution towards enhanced lighting of canal-side development; 8. Contribution towards enhanced lighting of development next to the River Rea; 9. Use of lighting within schemes which involve water; 10. General requirements for the lighting of new or refurbished buildings; 11. Requirement of new lighting schemes to consider the aesthetic as well as the functional at an early stage of the design process; 12. Encouragement of developers and their architects to engage with artists and specialist designers early in the process to identify lighting opportunities and incorporate lighting equipment as an integral part of designs; and

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13. Policy in respect of temporary lighting installations.

Shopfronts Design Guidance (SPG - 1995)

BCC confirms that the guidelines set out in the City Council’s Shop Fronts Design Guide, adopted as Supplementary Planning Guidance in 1995, must be followed when designing new shop fronts for an existing building or where it is intended to restore and re-use older shop fronts. The document sets out the principles of good design and is intended to act as guidance for retailers, designers and shop fitters with the aim of improving the environmental quality of traditional shopping streets, i.e. with shops facing on to a public street. Page 9 of the Guidance notes:

The City Centre shopping area and the local shopping streets each have their own unique character……Shopfronts and advertisements also play an important part because they are at the human pedestrian scale and are nearly always designed to attract attention. They have a vital role in contributing to the character of an area.

BCC also emphasises the need to relate shop fronts to the design of the buildings in which they are located, i.e. the shop front should be in sympathy with the façade and date of the building. In addition, the SPG notes:

It is the Council’s intention to ensure a high standard of design relating to any refurbishment work, and to conserve or improve shopfronts where possible which are designed using the traditional elements of fascia, pilasters and stallriser.

The SPG goes on to consider when retention and restoration of an existing shop front is preferable to replacement and looks at the details of good shop front design including each architectural element, the entrance door, materials, colour, signage, blinds and canopies. Principle 1 on page 23 of the guidance also notes that there will be a general presumption against the use of security shutters on Listed Buildings and within Conservation Areas. Principle 2 states:

The various alternatives for achieving security for all retail or quasi-retail units throughout the City are detailed below in order of preference. In each case the applicant must satisfy the Planning Committee as to why the preceding alternatives are not suitable:

a. Security glazing b. Internal window security grilles c. External window security grilles either of a removable or roller type

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d. Timber shutters e. Open lattice or large punched hole metal roller shutters, including Transparoll shutters f. Solid curtain metal roller shutters, perforated shutters and visiscreens are not normally acceptable.

Other principles cover the extent and degree of recess of roller shutters; flexibility in shop front design to allow later inclusion of an appropriate shutter; and rear lighting of roller shutters until 11.30pm to maintain an attractive shop frontage and improve security.

Finally, the SPG emphasises the importance of Access for All: accommodating the needs of people with disabilities as well as carers with prams and buggies. BCC advises that alterations and refurbishment of shop fronts, as well as erection of new shop fronts, should be used as an opportunity to make it easier for people with disabilities to gain access into and through a shop.

Development involving Former Public Houses – Planning Guidelines

BCC has produced a set of Planning Guidelines for development involving former public houses. Essentially, all applications will be considered on their merits, but particular consideration will be paid to:

 The Birmingham Plan  The loss of amenities available to the local population (consideration of alternative public houses/retention of part of site for community/leisure use)  Nature and proximity of adjacent land uses  Highway considerations  Impact on surrounding residential amenity  Appropriate alternative uses if proposals relate to locally listed buildings  Retention of any outdoor amenity facilities associated with the public house.

“Places for All” Supplementary Planning Guidance (SPG – 2001)

In 2001, the City Council approved “Places for All: City Design Guide for Birmingham” as Supplementary Planning Guidance. The SPG was prepared with the specific aim of raising the overall quality of development in the City and redressing the wrongs brought about by post- war comprehensive redevelopment. BCC identified a number of key targets which it considered would help bring this about:

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 Make developments more sustainable – encourage use of walking, cycling and public transport  All developments should relate to their context, be adaptable, accessible and well- insulated with quality as a main priority  Use environmentally-friendly materials, consider sustainable drainage, water and waste recycling and use alternative forms of energy

In order to achieve this step change in design quality, the City Council identified 5 main principles:

1. creating diversity - The aim must be to create or build within places that have an accessible choice of closely mixed complementary activities.

2. moving around easily – Places should be linked up with short, direct public routes overlooked by frontages.

3. safe places, private spaces - Places must be safe and attractive with a clear division between public and private space.

4. building for the future - Buildings and spaces should be adaptable to enhance their long term viability and built so they harm the environment as little as possible.

5. build on local character - Development must consider the context and exploit and strengthen the characteristics that make an area special.

“Places for Living” (SPG – 2001)

Places for Living was adopted as Supplementary Planning Guidance by BCC in 2001 and is intended to be both inspiring and positive in encouraging quality residential proposals. The approach focuses on 5 over-riding principles that cover a wide range of issues concerned with housing development:

1. Places not estates - Successful developments must address wider issues than simply building houses and create distinctive places that offer a choice of housing and complementary activities nearby.

2. Moving around easily - Places should be linked up with short, direct public routes overlooked by frontages.

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3. Safe places, private spaces - Places must be safe and attractive with a clear division between public and private space.

4. Building for the future - Buildings and spaces should be adaptable to enhance their long term viability and built so they harm the environment as little as possible.

5. Build on local character - Developers must consider the context and exploit and strengthen the characteristics that make an area special.

The SPG also emphasises the value of mixed use schemes which provide shopping, leisure and work opportunities within easy of residents. Siting of residential use over other uses should be considered, as should mixing housing type and tenure, if this is feasible. The SPG also notes that focal spaces can enhance the character and the quality of the environment and can become a valuable recreational facility. Page 18 of the SPG notes that:

whilst basement or rear courtyard parking can avoid dominating the frontage with parked cars, it should be secure, well designed and properly managed.

Page 28 of the SPG encourages the design of attractive streets and spaces:

New streets and public spaces should incorporate a public realm strategy in their design to make them safe, attractive and useable by many people with different needs. General aspects to consider include: local character, existing landscape features, the size and type of space, location and prominence, connections to the wider area, circulation patterns and desire lines, variety of uses surrounding the space, ratio of building height to width, design of surrounding buildings and microclimate.

Final sections of the SPG emphasise BCC’s preference for the re-use of historic buildings where possible and the need to consider sustainability in terms of layout and detailed design.

Places for the Future – Detailed SPD Guidance - Draft for public consultation February 2012

BCC has indicated only very limited weight can be given to this draft SPD as it is likely to be reviewed once the emerging BDP is adopted but, for the sake of completeness, it is considered briefly below. The draft SPD is set out in six sections as follows:

 Sustainable communities  Green infrastructure and climate change adaptation  Sustainable transport

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 Low and zero carbon energy  Water efficiency  Sustainable construction and waste

Birmingham’s approach to green infrastructure and climate change is to encourage development to be more resilient to the impact of climate change by providing guidance on the urban heat island and flood management. Once the BDP and the SPD are adopted, developers will need to show that they have taken on board the latest policies on climate change adaptation and sustainability.

Table 3.2 in the draft SPD sets out mandatory and ‘where feasible’ requirements for applicants to consider and areas where they are required to show evidence. The mandatory requirements relate to:

 Demonstrate how design and development minimises overheating and reduces over reliance on air conditioning systems. In this respect layout and design should maximise the use of natural ventilation and cooling, minimise the use of mechanical cooling and mitigate the effects of the heat island.  Demonstrate how the development integrates green infrastructure as part of the design  Whether the development maintains and/or enhances existing open spaces on the site  Whether the development integrates with the city’s network of Green Infrastructure amongst other criteria

Other requirements relate to Flood Risk Assessments, integrity of existing linear corridors and allowances for tree planting both in private and public domains

‘Where feasible’ initiatives include:

 Accessible green and brown roofs  Natural drainage of surface water  Opening up of culverted streams and rivers  Measures to increase wildlife and community value  Biodiversity enhancement  Tackling health issues through design and layout solutions that improve air quality and reduce noise  Improving or providing open space, improving accessibility for cycling and walking; and  Promotion of safe and adapted residential environments

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Birmingham’s approach to sustainable transport is based on its ambitions to be the UK’s first ‘Walkable City’. All development should make this their first transport consideration. Again, mandatory and “where feasible” requirements are set out.

In the mandatory section, reference is made to evolving policy confirming that major developments that individually, or in combination, will generate 500 person trips per day will require an appropriate level of transport provision, public transport stops within 80m of the main focal point of the location and good cycle access with cycle stands and shelters plus good pedestrian access.

Chapter 5 in the draft SPD concentrates on low and zero carbon energy, noting that the Council has positioned the City of Birmingham as a leader among major cities in seeking to stimulate a low carbon economy and that the city has begun the journey towards seeking major carbon emission reductions. The Council is committed to a citywide reduction of 60% of CO² emissions by 2026.

Mandatory and “where feasible” requirements are set out in table 5.1 including, for example, in situations where combined heat and power options are not utilised, evidence must be provided to show what other energy reduction technologies are being used. Additionally, development is required to reduce CO² emissions.

Chapter 6 looks at water efficiency and, in terms of the City Council’s approach, developers will be expected to show that they have considered water use in their developments and to show how they seek to reduce the amount of water being used. Reference is made to the CfSH’s Minimum Standards for Water Use. The various measures that can be included in the design of buildings to reduce internal water use are set out, together with measures for reducing external water use or waste, e.g. rain-water harvesting.

Chapter 7 covers sustainable construction and waste and it is noted that construction & demolition waste currently represent around 19% of the country’s total waste. it is also noted that a number of measures are to be encouraged in respect of more sustainable construction. New residential development for example must comply with design requirements set out in the CfSH and BREEAM standards and developers will need to complete a post-construction review certificate.

In terms of mandatory requirements, all new residential development is intended to meet at least CfSH Level 3; Code Level 4 by 2013; and Code Level 6 by 2016. Non-residential development over 1,000 sqm should meet BREEAM standard excellent. On-site recycling of construction and demolition waste should also be maximised

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SECTION 5: PLANNING POLICY FRAMEWORK Environmental Statement Beorma Quarter, Birmingham

Affordable Housing (SPG - 2001)

Although the main policies in respect of affordable housing are considered in some detail in the section examining adopted and emerging Birmingham Plan policy (see above), it is worth reiterating that BCC adopted specific Supplementary Design Guidance in this regard in 2001. The SPG sets out the general background of, and need for, affordable housing but avoids being excessively prescriptive due to the wide range of ever-changing requirements across the City. Para 4.5 states:

When seeking to negotiate with developers for the provision of affordable dwellings on individual sites the City Council will provide evidence of the scale and nature of housing needs in the City. The City Council’s assessment of the number and types of affordable housing required as part of the development will be based on the best information available including data from waiting lists, the census of population, local surveys, RSLs, estate agents and other organisations as appropriate.

The SPG also notes that negotiations between the City Council and the developer will produce different solutions for different sites but BCC will seek to establish likely timescales for development with developers. It further notes that the precise mix of dwelling units to be provided will vary from site to site depending on the nature of housing needs identified and the particular circumstances of the site. There will also be a strong presumption in favour of providing the units on the site, not off-site, and ensuring they are of good quality (i.e. meeting the requirements set out in the Places for Living SPD – see above, and Lifetime Homes) and fully integrated into the development as a whole.

Para 6.4 of the SPD does acknowledge that the developer’s ability to provide affordable homes is reduced when development costs are excessive. However, the developer will need to make the case for any reduction in affordable housing provision in the form of a confidential Financial Appraisal setting out costs and valuations.

As to occupancy, Section 7 of the SPD underlines the role registered social landlords (RSLs) such as housing associations can play in managing the bulk of rented and shared ownership affordable housing. To this end, BCC expects that secure arrangements will be in place to deliver affordable housing, prior to the grant of planning permission. Any agreement between the developer and the City Council (and possibly the RSL) would then be written into the comprehensive s106 Agreement under the Town and Country Planning Act 1990.

Public Open Spaces and New Residential Developments (SPD – 2007)

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SECTION 5: PLANNING POLICY FRAMEWORK Environmental Statement Beorma Quarter, Birmingham

BCC realises that one of the factors contributing to a high quality living environment is access to adequate, safe public open space with opportunity for both formal and informal recreation. BCC defines public open space as:

“open space, including playing fields, owned by the City Council or to which there is a public right of access, used by the public primarily for recreation purposes. It does not include private or education playing fields nor does it include municipal or private golf courses, cemeteries, or open areas within housing estates which substitute for private gardens”.

This Supplementary Planning Document (SPD) seeks to ensure that adequate public open space, children’s play and sports pitches are provided to serve all new residential development in the City. The purpose of this (SPD) is to give clear guidance to prospective developers on the requirements for public open space by expanding on policies within the Birmingham Plan 2005. The SPD sets out a complicated formula by which the quantum of public open space expected to be provided for a particular development can be calculated and designed into the scheme. If on-site provision of public open space is not possible, either in part or in toto, a financial contribution will be required from the developer towards the provision of offsite facilities. This currently works out at £800/bedroom within a development, offset by any public realm space provided.

Access for People with Disabilities (SPD – 2006)

Part 3 of the Disability Discrimination Act 2005 (DDA) gives disabled people a right of access to goods, facilities and services. This requires service providers to:

(a) alter a barrier feature so that it no longer has effect;

(b) provide a reasonable means of avoiding that feature; or

(c) provide a reasonable alternative method of making the service available.

Such requirements apply to all buildings where services are provided to the public and to transportation infrastructure. It is also important for developers and potential employers to take account of the latest regulations relating to Part 2 of the DDA (Employment Provision). From December 2006, the DDA 2005 required public bodies to promote equality in respect of people with disabilities. Regulations were also introduced to extend these requirements to all firms with more than one employee.

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SECTION 5: PLANNING POLICY FRAMEWORK Environmental Statement Beorma Quarter, Birmingham

This Access for People with Disabilities Supplementary Planning Document was adopted in 2006 and aims to help achieve developments that adopt the following principles of inclusive design:

 Developments that can be used safely and easily by as many people as possible without separate provision; including people with differing disabilities, elderly people and parents and guardians of young children.  The freedom to choose and the ability to participate in a development’s activities and services.  Values that embrace diversity and difference.  Adopts high quality design and use of appropriate materials.  Achieves safe, comfortable and healthy environments.  Provides for ease of use and way finding and provides information in an accessible format.  Incorporates signage on the approach, outside and inside the development that is legible and meets the diverse needs of all the community.

Crucially, Design and Access Statements which are required to be submitted with major applications must now also set out:

a) The policy or approach adopted for access, and how policies relating to access in relevant local development documents, such as this one, have been taken into account.

b) What, if any, consultation has been undertaken in relation to access issues, and what account has been taken of any such consultation responses. This should normally include consultation with the Access Committee for Birmingham.

c) How any specific issue affecting access to the development has been addressed.

d) How prospective users will be able to access the development from the existing transport network and why the main points of access to the site, and the layout of access routes within the site, have been chosen.

e) How features ensuring access to the development will be maintained.

f) All access and design details in such statements should be integrated and should be dealt with within all aspects of the proposed development, e.g. the content, use, layout materials and landscaping.

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SECTION 5: PLANNING POLICY FRAMEWORK Environmental Statement Beorma Quarter, Birmingham

Car Parking Guidelines SPD – Adopted February 2012

BCC has confirmed that, although car parking policy is undergoing review, with updated car parking standards to be set out in the proposed Development Management Document, the 2012 Car Parking Guidelines SPD provides the current framework. The purpose of this document is to set out the car parking standards which the City Council will apply when considering planning applications for new development.

SPD also reflects the objectives of the City’s Sustainable Communities Plan. In particular it aims to help ensure that:

 The access needs of new developments are properly provided for.  A balance is struck between the needs of different road users.  The impact of new development on congestion is minimised.  Birmingham continues to be an attractive place for new investment and development.

Phases 2 & 3 of the Beorma Quarter development is located within Area 1 within the SPD, which consists of the core area of Birmingham City Centre. The area is shown on Plan (a) in Appendix 3 of the guidelines, and has been defined on the basis of a 400m radius from New St, Moor St and Snow Hill Mainline Stations, adjusted to reflect the local street pattern. The policies within the Big City Plan and the Vision for Movement aim to improve legibility and access so that all areas within 400m radius of both stations are within Area 1.

In appropriate cases, the City Council will also seek contributions from new developments through s106 Agreements or Community Infrastructure Levy (CIL), although the Council has yet to adopt the latter. Contributions secured through Section 106 Agreements are used to support the provision of services and infrastructure that are necessary to make a development acceptable in planning terms. This can include, e.g. highway schemes (public transport facilities, traffic management etc), recreational facilities, education, health and affordable housing. Any such contributions will be negotiated on an individual basis, taking account of the particular circumstances of the proposal. Contributions will be related to:

i) An assessment of the additional burden placed by the proposed development on existing public transport networks. ii) Any demonstrable need to improve and/or manage transport access to a particular site. iii) Consideration of the economic viability of the scheme.

Appendix 1 to the draft SPD sets out the applicable car parking standards within Area 1:

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 Residential - 1 space per dwelling  Restaurant/Café – 1 space/12 covers  Comparison Retail – 1 space/40 sqm  Convenience retail - 1 space/28 sqm  Offices and flexible business uses – 1 space/60sqm  Financial and Professional Services - 1 space per 60 sqm

Appendix 1 also sets out the applicable cycle parking standards within Area 1:

 Residential – 1 space/per unit  Comparison Retail – 1 space/300 sqm  Convenience retail - 1 space/125 sqm  Restaurant/Cafe – 1 space/per 18 covers  Financial and Professional Services - 1 space per 125m2 for developments <1000m2 and 1 space per 400m2 for developments > 1000m2  Offices – 1 space/250sqm for developments 1000sqm and 1 space/400sqm for developments 1000sqm

Appendix 1 also advises that motorcycle parking standards are the same as those for cycles.

 Consideration of Proposal in terms of Local Planning Policy & Guidance

Proposed Mix of Uses

With regard to the planning policies for the City Centre set out in Chapter 15 of the Birmingham Plan (saved and extended policies – 2008), the mixed use nature of the Beorma Quarter proposal with its active retail frontages, residential component and high office content ensures it is fully compliant with the use policy requirements set out in paragraphs 15.33 & 15.34 which encourage lively and colourful ground floor uses, including restaurants and cafes, plus housing and other non-retail uses on upper floors that, in an appropriate mix, can bring the City Centre to life in the evening. Amended Phases 2 & 3 also realise one of the opportunities referred to in paragraph 15.59 of the Plan whereby new mixed-use development can take advantage of the area’s good accessibility and industrial heritage.

Moreover, as the revamped Phases 2 & 3 include some 223 No residential units, they fully comply with paragraph 15.67 of the Birmingham Plan, which requires major mixed-use schemes throughout the area to include a vital residential element.

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SECTION 5: PLANNING POLICY FRAMEWORK Environmental Statement Beorma Quarter, Birmingham

In respect of paragraph 15.94A in the section on the Bullring/Market Quarter within Chapter 15 of the Plan, the proposals dovetail with BCC’s vision of Digbeth as a predominantly Irish Quarter with lively mixed uses including residential, commercial and cultural uses. Beorma Quarter Phases 2 & 3 also accord with the aims set out in paragraph 15.95 which records BCC’s intention to provide financial support to create an improved environment and promote further industrial and commercial activity in the area.

In addition, the development is in accordance with Paragraph 15.62 of the Digbeth Millennium Quarter section of Chapter 15 of the Plan, which states:

further site-extensive bulky goods retailing, including showrooms, and office activity is appropriate adjacent to the Ring Road (Commercial Policy C4), and along Digbeth and High Street, Deritend. This would be consistent with the development of the latter road as a major arterial route into the City Centre providing direct access from the NEC and Airport (Commercial Policy C23).

Turning to the emerging Birmingham Development Plan (BDP), the mix of uses contained within the latest Phase 2 & 3 proposals assist with the Council’s stated objectives in draft Policy PG1 - Overall Levels of Growth for significant levels of housing, employment, office and retail development over the Plan period that seek to achieve:

 51,100 homes  approx 270,000 sq.m. gross of comparison retail floorspace by 2026.  a minimum of 745,000 sq.m. gross of office floorspace in the network of centres primarily focussed on the City Centre.

The realisation of Phases 2 & 3 of the Beorma Quarter will also help to promote Birmingham as an international city; supporting development, investment and other initiatives that raise the City’s profile and strengthen its position nationally and internationally - as set out in draft BDP Policy PG2 - Birmingham as an International City.

In addition, the improved mix of uses in the amended Phase 2 & 3 proposals, comprising B1a Office (23,451 sqm GIA inc. ancillary space), Live-Work units (631 sqm GIA), C3 Residential (223 units – 19,105 sqm GIA) and A1/A2/A3 Retail uses (1,505 sqm GIA) is in accordance with sub-policy GA1.1 - Role and Function of draft BDP Policy GA1, which states, inter alia: Policy GA1.1 The City Council will continue to promote the City Centre as the focus for retail, office, residential and leisure activity….

New development should make a positive contribution to improving the

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vitality of the City Centre and should aim to improve the overall mix of uses.

The retail core, as defined on the Policies Map, will continue to be focused around The Bullring, New Street, Corporation Street……. Appropriate scale retail development will continue to be supported where it complements the existing Retail Core and as part of mixed use redevelopments throughout the City Centre.

Independent retailing will also be supported (see policy TP22)

The role of the City Centre as a major hub for financial, professional and business services will continue to be supported. The primary focus for additional office development will be within and around the City Centre Core including Snow Hill and Westside.

Residential development will continue to be supported in the City Centre where it provides well-designed high quality living environments.

5.5 Overall Summary

Due to the location and mixed use nature of Phases 2 & 3 of the Beorma Quarter development, the latest proposals are required to address a wide range of issues in many different areas of planning policy. AGA concludes that the amended scheme is successful in meeting the majority of these policy requirements and also succeeds in achieving an appropriate balance between occasionally-competing demands.

Overall, therefore, AGA concludes that the current application largely conforms to prevailing national, regional & local policy and where it doesn’t, it meets the exception criteria set out in those policies.

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6 Socio-Economic Issues

6.1 Introduction

This chapter presents a review of the relevant national, regional and local policy objectives with regard to socio and economic considerations, and details the current social and economic conditions of the application site and surrounding area to establish the base case against which the significance of the socio-economic effects from the Proposed Development can be examined.

6.2 Legislation and Policy Context

A number of social and economic policy documents, area assessments and regeneration strategies have been produced, by a range of organisation, which together set out the social and economic policy context for the area. The key policy documents relevant to the study area, in descending order of national to local scale are:

 National Planning Policy Framework (NPPF)1;

 Birmingham Unitary Development Plan (UDP) 20052;

 Birmingham Local Development Framework3 4 5 6;

 The Big City Plan7; and

 Digbeth, Deritend and Bordesley High Streets Conservation Area Character Appraisal & SPD8.

1 Department for Communities & Local Government, (2012), National Planning Policy Framework. 2 Birmingham City Council, (2005), The Birmingham Unitary Development Plan. 3 Birmingham City Council, (2006), Parks & Open Space Strategy 4 Birmingham City Council, (2001), Places For All 5 Birmingham City Council, (2001), Places for Living 6 Birmingham City Council, (2007), Public Open Space in New Residential Development 7 Birmingham City Council, (2011), The Big City Plan. 8 Birmingham City Council, (2009), Digbeth, Deritend and Bordesley High Streets (Digbeth/Deritend) Conservation Area Character Appraisal & Supplementary Planning Policies.

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6.2.1 National Policy

National Planning Policy Framework1

The NPPF sets out 13 key objectives that will ‘deliver sustainable development.’ Those objectives that are most relevant to this chapter are as follows:

Objective 1: Building a strong, competitive economy: Significant weight should be placed on the need to support economic growth in the planning system. Planning policies should recognise and seek to address potential barriers to investment, including a poor environment or a lack of infrastructure, services or housing.

Objective 6: Delivering a wide choice of high quality homes: LPAs should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community.

Objective 8: Promoting healthy communities: Planning policies and decisions should promote social interaction, including through mixed use developments, strong neighbourhood centres and active street frontages which bring together those who work, live and play in the vicinity; safe and accessible environments where crime or fear of crime do not undermine quality of life, and which encourage active and continual use of public areas; and should ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community.

6.2.2 Regional Policy

Birmingham Unitary Development Plan (UDP)2

The Unitary Development Plan for Birmingham contains policies and proposals that currently guide development and land uses across the City and is the existing Development Plan for Birmingham.

In time, the UDP will be replaced by the Birmingham Development Plan and other key planning policy documents that are currently being prepared, known as Development Plan Documents.

However, until the BDP is approved, the UDP and its saved policies will continue to guide development and land uses in Birmingham.

From the UDP, the following has been considered relevant to this socio-economic assessment of the Proposed Development;

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“2.14A The City Council recognises that there are clear links between the quality of the environment and the quality of people’s health. Poor housing, traffic and air borne pollution and high levels of urban deprivation have all been shown to contribute to medical problems and poor health. Conversely, access to open space, sport and recreational facilities are important in being able to offer opportunities for physical exercise thereby promoting healthier living.”

“2.22 … To a large degree the prosperity of the whole City will depend on the vitality of the City Centre which is by far the most important concentration of economic, cultural and administrative activity within the West Midlands Region…

2.23 The City Centre must, therefore, be encouraged to develop and prosper, building on Its strengths and by urgently addressing its weaknesses.

2.24 There is a need to exploit the City Centre’s strengths by…

Maintaining and enhancing the City Centre’s role as the regional shopping centre through the promotion of quality and specialist retailing…”

“2.37 The City Council will … seek to ensure that the benefits of new development and renewal are spread as widely as possible throughout the community particularly to those groups in greatest need. The UDP is concerned to promote and encourage new investment - but as has already been noted it is not the intention to attract new development for its own sake. The key to success will be to ensure that new activity and new development help to strengthen Birmingham’s economy and improve its environment to the benefit of all who live in the City.”

“3.14 high standard of design is essential to the continued improvement of Birmingham as a desirable place to live, work and visit. The design and landscaping of new developments will be expected to contribute to the enhancement of the City’s environment. Good design may also help to promote and secure sustainable forms of development.”

“3.14D Applications for new development will be assessed against the following principles:

Mixed uses will be encouraged in centres, and in other areas where they can contribute towards meeting an identified local need;

To ensure places feel safe, pleasant and legible, the fronts and backs of buildings should be clearly defined. Windows and more active rooms should face the public realm and main entrances should open on to the public realm, whereas the backs of buildings should be private and face other backs;

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Landscaping should be an integral part of all major development proposals and this should be designed to complement the new development and surrounding area

…”

“3.53 The distribution and accessibility of public open space [and its accessibility], is also important. The standard of 2 hectares of public open space per 1000 population will be used to assess the adequacy of existing public open space provision across the City… Every effort will be made to encourage the provision of new public open space…One means of achieving this is through the provision of public open space to serve the needs of new residential development…”

“3.61 It is important that a safe and accessible play area is available for all children. This will normally be expected to be provided within 400m safe walking distance of all dwellings and will also take into account local neighbourhood identities, the demographic profile and physical barriers such as busy roads. Careful attention should be given to the design and location of play areas to avoid the risk of disturbance to nearby residents. Children’s play areas will normally be required in all new residential developments of 20 or more dwellings…”

4.15 The City Council’s economic policies aim to provide a local economy offering employment of a reasonable quality to all Birmingham residents who wish to have a job. It is important that policies and proposals in the UDP do not act in such a way as to aggravate unemployment problems. Rather, they should attempt to direct benefits to disadvantaged groups.

4.16 The following principles have and will continue to be applied to help to alleviate the problems caused by unemployment:-

 New economic development and employment generating activities will be steered to areas of high unemployment where this is practicable.

 Where development cannot be located within deprived areas it should be located so that it has good public transport links with such areas.

 The benefits of development should, wherever possible, be precisely targeted on local residents…”

“4.38 Offices are one of the core activities that make up the City Centre. The future prosperity of the City Centre is dependent on the continued growth of office and service sector employment and, in turn, the City Centre is the key to the future success of the office sector in Birmingham”

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“5.20 A good standard of design is important in all residential developments, which should create a high quality living environment. To ensure that good design standards are maintained, all new residential developments will be expected to be designed in accordance with the City Council’s detailed Supplementary Planning Guidance for the design of new residential developments (“Places for Living”)…”

“5.20A The design of new residential developments should incorporate crime reduction measures…”

“5.20B Residential developments generate a need for public open space to serve the occupants of the new homes, and appropriate provision, directly, fairly and reasonably related in scale and kind to the development proposed will be sought.”

“5.20C On sites of 20 dwellings or more, provision of new public open space will normally be required within the curtilage of the development site. In such cases, careful attention should be given to the design and location of open space and play areas, to minimise the potential for noise and disturbance to residents, and to ensure that they are safe and attractive to use…”

“7.17 Recognition of the importance of the City Centre as the most important concentration of economic, cultural and administrative activity in the West Midlands is an essential element of the Strategy. The continued success of the Regional Shopping Centre is fundamental to the success of the City Centre as a whole and the retail aspect of the City Centre’s role will accordingly be maintained and enhanced through:-

 Improvements to the range and quality of shopping facilities, together with the retention of the existing range of shops and in particular the retail markets;

 Improvements to the centre’s accessibility, by both public and private transport, including improved car parking;

 Improvements to the quality of the environment, including pedestrianisation;

 Improvements to the links between the main shopping area and other activities in the City Centre.”

Birmingham Local Development Framework

The Local Development Framework (LDF) is the term used to describe the collection of Approved Planning Policy documents. Of these documents, the following have been considered relevant to this assessment;

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Parks & Open Space Strategy3

The Parks & Open Spaces Strategy SPG is intended to protect and guide the planning, design, management, maintenance and provision of parks and public open spaces in the city until 2021.

The SPD states;

“… 5.4.10 New public open spaces need to be well located and designed if they are to contribute to improving the quality of life for a community. New public open space should be developed to be overlooked by housing and other forms of development with active frontages to provide the highest level of natural surveillance and safety for the users of such spaces. Where it proves difficult to bring forward good quality, well sited new public open space it is likely to be more effective to transfer the funding to upgrade existing, better sited and better used public open space…

… 5.4.12 In order to achieve improvements and provide quality open spaces it is crucial for the open space issues to be addressed at the earliest stage of the planning process…”

Places for All4 & Places for Living5

Places for all is a Supplementary Planning Guidance (SPG) document that is concerned with the delivery of good design. It should be read in conjunction with the Places for Living SPG to provide detailed guidance for residential developments across Birmingham.

There are five over-riding design principles of the two documents that cover a range of issues concerned with development;

 Creating diversity/Places not estates - Build places that include a mixture of different uses that compliment and support each other

 Moving around easily - Places should be linked together by short direct routes that are made safer by being overlooked by the fronts of buildings

 Safe places, private spaces - Spaces around buildings should be clearly defined as public or private. All spaces should be safe by design and private spaces should be secure by design.

 Building for the future - Buildings and spaces should be designed sustainably, be adaptable and reusable to ensure a long and viable life

 Build on local character - Developments must consider the place where they are being built. and exploit and strengthen the characteristics that make the place special

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Of these principles the following have been considered relevant to this assessment;

“1. Creating Diversity- Development should address the needs of the whole community and avoid large single use developments especially where there is poor public transport access. This is socially divisive, encourages reliance on cars and puts many people at a disadvantage. While some uses- like large manufacturing plants- can be incompatible with other types of development, this should be an exception rather than the rule, and even then there should be good public transport access.

2. Places not Estates- Development should address the needs of the whole community. We should avoid building housing estates that have few facilities and a limited choice of built form and tenure. This is socially divisive and can encourage a reliance on the car putting many people at a disadvantage. The aim should be to build accessible places that offer a choice of housing and complementary activities nearby.”

“3. Safe Places, Private Spaces- people need to be able to move around easily in places that feel safe and pleasant. Streets and public spaces should be designed so as many people as possible want to use them for a variety of reasons. At the same time people living in these areas need to feel their homes are private whilst having convenient access to facilities.”

“4. Building for the Future- Places should be socially, environmentally and economically sustainable. The location, form and layout of development can reduce car use, resource consumption and emissions as well as creating places that people enjoy. Buildings and spaces should also be adaptable to enhance their long-term viability; and built to minimise adverse effects on the environment such as the release of harmful emissions and wasteful use of energy.”

Public Open Space in New Residential Development6

The purpose of the Public Open Space in New Residential Developments SPD is to guide developers on open space and children’s play provision or contributions when they apply for planning permission for new residential developments. The SPD Policy is an extension of additional guidance from the following policy of the UDP:

“5.20B Residential developments generate a need for public open space to serve the occupants of the new homes, and appropriate provision, directly, fairly and reasonably related in scale and kind to the development proposed will be sought.

5.20C On sites of 20 dwellings or more, provision of new public open space will normally be required within the curtilage of the development site. In such cases, careful attention should be given to the design and location of open space and play areas, to minimise the potential for noise and disturbance to residents, and to ensure that they are safe and attractive to use.

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Exceptions to the policy of requiring public open space to be provided on site will be considered in the following circumstances:

In cases where the proposed development is close to existing areas of public open space, the City Council may seek a commuted sum payment to secure a long-term improvement to the quality of the existing provision, in place of the requirement for onsite provision;

In certain circumstances (e.g. the conversion of an existing building to residential use), on-site provision may not be practicable, and in these cases, contributions will be required to enable off-site provision of open space.

In all cases where public open space is transferred from the developer to the City Council, a commuted sum payment for long-term maintenance will be required.

5.20D In applying these policies, the City Council will take into consideration the economics of developing the site in question. Further details of these requirements, including the basis for assessing financial contributions, will be set out in a Supplementary Planning Guidance Document.”

The SPD states;

“3.3 The following approach will apply: An amount of open space equivalent pro rata, to 2 ha per 1000 population will be required. This may be on site provision or in the form of a commuted sum if the requirement is to be met off site…

As part of the overall requirement, a children’s play area will be required where there is no existing provision within walking distance of the new development (defined as 400m, taking into account barriers such as main roads, railways and canals, which restrict access).The size and design of play facility will depend on the size of the development…

The provision of children’s play facilities may not be required if the developers can demonstrate that the proposed accommodation will not be occupied by families with young children. Highway verges, and open space provided as visibility splays will not be counted towards the open space provision.

…Alternatively, by agreement, the developer can offer an area for public open space within the development to the City Council at no cost, together with a ‘lump sum’ contribution to cover the design, implementation and a contribution towards future maintenance costs. Public open space should be sited where it will be overlooked, safe, useable and accessible to all residents and designed to local authority criteria…

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Although open space should normally be provided on site, there are certain circumstances where it may be preferable for all, or part, of the public open space requirement to be provided as an off-site monetary contribution. Examples of such circumstances are set out below: In the case of new development close to existing public open space, it may be preferable to implement improvements to existing facilities. Examples include the provision or improvement of play facilities or landscape improvements which bring an otherwise featureless open space into better community use…”

6.2.3 Local Policy

The Big City Plan7

The Big City Plan is a 20 year vision to encourage and support Birmingham’s continuing transformation to a world class city centre.

Covering 800 hectares of the city centre, the Big City Plan is a physical regeneration tool and strategic planning document. It provides a framework to:

 Create 1.5 million square metres of new floor-space;

 Create over 50,000 new jobs;

 Contribute £2.1 billion to the economy each year;

 Create a well-connected, efficient and walkable city centre;

 Provide 65,000 square metres of new and improved public spaces;

 Provide 28 kilometres of enhanced walking and cycling routes;

 Provide over 5,000 new homes with new leisure and recreational facilities to attract more families;

 Value the city centre’s heritage and cultural assets;

 Integrate sustainable development and address the impact of climate change as a part of the future transformation of the city centre;

 Deliver five areas of transformation supporting the growth of the City Core.

Of the areas discussed in The Big City Plan, the following is considered relevant to the Local Policy review for this assessment;

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“Digbeth-

In Digbeth the fundamentals are all there to create a thriving, active and authentic part of the city centre. With some enhancements to the physical infrastructure of the area, the potential can be truly fulfilled. To facilitate the renaissance we will address a number of key issues, including;

Providing safe and convenient connections into and through the quarter;

Supporting its gritty and authentic character;

Balancing the needs of local businesses, residents, cultural and creative activities;

Responding to the opportunities and challenges that the proposal for in neighbouring Eastside will bring.”

Digbeth, Deritend and Bordesley High Streets Conservation Area Character Appraisal & Supplementary Planning Policies8

The Conservation Area Appraisal and SPD describes the history of the area’s development and identifies its characteristic building types and architectural styles, its streetscapes, views open spaces and local national significance.

The supplementary planning policies provide the framework for the preservation and enhancement of the character of the Conservation Area. They are intended to guide and manage change the promotion of new design which responds positively to historic context.

Due to the location of the Proposed Development being just within the boundary of the conservation area, the following policies are considered relevant to this assessment;

1.2 Conservation Area Consent

There will be a presumption in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. This will include buildings of contextual or group value.”

3.1. Groundscape

The existing groundscape within the conservation area provides an appropriate setting for its buildings and structures. Some street surfaces are in need of sympathetic repair or renewal and granite kerbstones should be restored where they have been replaced in concrete. Where historic materials such as granite kerbstones and granite setts survive great care should be taken to ensure that these are retained and accurately repaired. If new paving schemes are

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proposed the design and materials should provide a simple, neutral and subordinate foreground which relates well to the surrounding buildings. On Digbeth, High Street Deritend and High Street Bordesley natural stone paving should be used. If this cannot be justified, large reconstituted stone slabs would provide an acceptable alternative. Elsewhere in the conservation area traditional blue brick paving is the most appropriate material. Drainage channels and vehicle crossovers should be marked with stone setts and kerbstones should be granite. Work should always be carried out to the highest standard.

3.2 Street Furniture

New street furniture, including street lighting columns should be simple and functional, reflecting the industrial character of the conservation area. Care should be taken to avoid spurious ‘heritage’. Any additions must be justified and restricted to essential items. New features within the public realm should be carefully sited to avoid intrusion on views, vistas and the setting of buildings.

3.3 Clutter

A co-ordinated effort should be made to avoid street clutter through good design and careful siting. Where possible signs and equipment should be fixed to lighting columns, buildings or other existing structures. Larger items such as telephone kiosks and pay and display machines should be sited at the back of footway.

3.4 Planting

The hard urban character of the conservation area presents little opportunity for tree planting or soft landscaping. Street trees are not a traditional feature of the area and would not be considered an appropriate addition to the public realm.

3.5 Developers’ Contributions

Where appropriate developers will be expected to contribute to the improvement of the public realm.”

6.3 Assessment Methodology and Significance Criteria

Scope of the Assessment

The following points represent the key issues which are considered herein within the chapter:

 Potential for impact upon population numbers;

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 Potential for impact upon the local economy & employment;

 Potential for impact upon local education capacity;

 Potential for impact upon local primary health care provision; and,

 Potential for impact upon local housing provision and the community.

Extent of the Study Area

It is important when undertaking an assessment of the social and economic effects of a Proposed Development, that the geographical scope of the assessment is clearly understood.

The Regional Spatial Strategy (RSS) for the West Midlands has been replaced by the new style Local Development Framework (LDF). Therefore, Birmingham is the regional capital of the West Midlands, and has been considered Regional Impact Area for the purpose of this assessment. The Inner Impact area will be assessed considering Central Birmingham Wards of Ladywood & Nechells.

The geographical scope for this assessment has therefore been defined as follows;

 Local Impact Area: Digbeth

 Inner Impact Area: Ladywood & Nechells (Figure 6.1)

 Regional Impact Area: Birmingham

 National Impact Area: England

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Figure 6.1: Geographical Scope of Assessment: Inner Impact Area.

Method of Baseline Data Assessment

The assessment of the socio-economic effects of the Proposed Development has consisted of the following key steps;

 A policy review to provide an outline of the relevant local, regional and national, social and economic objectives;

 A desktop review of all available information on current socio-economic conditions in the assessment area, including the prevailing baseline conditions to establish the base case;

 A local review of the existing facilities;

 Appraisal of the additional benefits resulting from the new residential elements, and high quality commercial floor space that will be provided within the application site; and

 Benchmarking of the overall project aims against a variety of additional socio-economic components, such as improving the quality of life for users of the site and its immediate surroundings, and how these meet established social and economic policy objectives.

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Assessment Modelling

No specific comprehensive quantitative, socio-economic assessment methodology exists, and as such a quantitative analysis of the potential social and economic benefits has been undertaken using the ‘Additionality Guide’9, a standard method of assessing the effects of projects published by the Homes & Communities Agency. Additionality is considered to be the difference between the case position (what would happen anyway) and the position if the project (the proposed development) were implemented.

The Homes & Communities guidance recommends accounting for the following factors when assessing additionality.

 Leakage: The number or proportion of outputs that benefit those outside of the project’s target area;

 Displacement: The number or proportion of the project outputs accounted for by reduced outputs elsewhere in the target area; and

 Economic Multiplier Effects: Further economic activity (jobs, expenditure or income) associated with additional local income, local supplier purchases and longer term development effects that should be accounted for within project’s benefits.

Further details regarding the application of additionality assessments are provided in the assessment section.

The significance of these effects has then been evaluated in a qualitative manner, using professional judgement and applying the criteria below as a standard.

Significance Criteria

The assessment of potential effects as a result of the Proposed Development, has taken into account both the construction and operational phases. The significance level attributed to each effect has been assessed based on the magnitude of change due to the Proposed Development, and the sensitivity of the affected/receiving environment to change. Magnitude of change and the sensitivity of the affected receptor/receiving environment are both assessed on a scale of major, moderate and minor.

9 Homes & Communities Agency, (2014) Additionality Guide Fourth Edition.

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A distinction between direct and indirect; short and long-term; permanent and temporary; primary and secondary; positive and negative; and cumulative impacts has been made, where applicable.

The following terms have been used to define the significance of the effects identified:

 Major effect: where the Proposed Development could be expected to have a very significant effect (either adverse or beneficial) on the socio-economic conditions of the local area;

 Moderate effect: where the Proposed Development could be expected to have a noticeable effect (either adverse or beneficial) on the socio-economic conditions of the local area;

 Minor effect: where the Proposed Development could be expected to result in a small, barely noticeable impact (either adverse or beneficial) on the socio-economic conditions of the local area; and

 Neutral: where no discernible effect is expected as a result of the Proposed Development on the socio-economic conditions of the local area.

Data Availability

It should be noted that wherever feasible, the most up-to-date data has been used. The 2011 census has formed the basis for much of the baseline conditions assessment, being the most recent and comprehensive analysis of socio-economic conditions across the country. As appropriate, a comparison has also been made to 2001 census. In addition, other datasets addressing aspects not covered by the census have been used where relevant. Such datasets may not correlate to the census year 2011 and where this is the case this is clearly stated.

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6.4 Baseline Conditions

The Proposed Development is located in Birmingham City Centre, in the Digbeth area, 100m from The Bull Ring.

As Figure 6.2 shows, the Inner Impact Area defined as the Wards of Ladywood and Nechells, are both considered to be of above average deprivation. Furthermore, the surrounding areas, including those immediately adjacent are considered to be of the most deprived areas of England. The Inner Impact Area is particularly deprived in domains of Health Deprivation and Disability, Barriers to Housing & Services & Living Environment.

Figure 6.2: Atlas of the Indices of Deprivation 2010 for the Wards of Ladywood and Nechells

Source: ONS, 2010.

Population Demographic

As of the 2011 Census, the population of Ladywood was 30,133 and the population of Nechells was 33,957. Despite having a slightly smaller population, Ladywood’s population density is higher than that of Nechells at 52.9 persons per hectare in comparison to 32.2.

As Figure 6.2 shows, Birmingham’s population has a higher percentage of residents aged 0-15 than the rest of England as a whole. Nechells has an even higher proportion of young people

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with 26.5% of the population between aged between 0-15, however Ladywood’s young population is considerably lower at only 11.5%.

Furthermore, the working age population (16-74) of Ladywood is notably higher at 85.7% in comparison to Nechells (70.4%), Birmingham (70.9%) and England as a whole (73.4%).

Figure 6.3: Population: Age Structure

90

80 85.7

70 73.4 70.4 70.9 60

50

40 Percentage 30

20 26.5 22.8 18.9 10 11.5 2.2 3 6.4 7.8 0 Ladywood Nechells Birmingham England

0-15 16-74 75+

Source: ONS, 2011.

As Figure 6.3 shows, Birmingham has greater ethnic diversity than England as a whole. As of the 2011 Census, White was listed as the most common Ethnic Group in Birmingham, however, it only accounted for 57.9% of the population compared to 85.5% in England.

In Birmingham 26.6% of residents listed their ethnicity as Asian, compared to 7.7% in the rest of England. Likewise, more residents in Birmingham listed their ethnicity as Mixed/Multiple Ethnicities, Black or Other, than in England as a whole.

Birmingham’s ethnic diversity is also clearly evident in in the Wards of Ladywood and Nechells, the local area being considered for this assessment. In Ladywood, the White population accounts for 49.5% of residents, and the Asian population accounts for 23.6%. Again, similarly to the rest of Birmingham, the number of residents of Mixed/Multiple, Black or Other Ethnicities is also higher in Ladywood than in the rest of the England.

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In Nechells, the most common ethnicity listed by residents as of the 2011 Census was Asian at 37.7%. The White population accounted for 27.1% of residents, and the Black population accounted for 23.9%. Again, numbers of Mixed/Multiple and Other Ethnicities was higher than the rest of England.

Figure 6.4: Population: Ethnicity

90 85.5

80

70

60 57.9

49.5 50

40 37.7 Percentage

30 27.1 26.6 23.6 23.9

20 16.5

8.9 10 7.7 6.5 6.5 5 3.9 4.4 3.4 2 2.2 1 0 Ladywood Nechells Birmingham England

White Asian Black Mixed/Multiple Other

Source: ONS, 2011.

Economy & Labour Market Profile

Of Birmingham’s working age population (all residents aged 16-74), 64.2% are listed as Economically Active and 7.8% are listed as Unemployed. This is a slightly lower percentage of Economically Active residents, and a slightly higher proportion of Unemployed residents than in England as a whole.

The number of Economically Active and Unemployed residents is similar in Ladywood to that of Birmingham as a whole. However in Nechells, the number of Economically Active residents is lower at 54% and Unemployed residents higher at 10.5% than Birmingham, and England as a whole.

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As shown in Figures 6.5 & Figure 6.6, industries of employment vary in the local area between Ladywood and Nechells. The most common industry of employment in Ladywood is Professional, Scientific & Technical Activities whereas in Nechells it is Wholesale & Retail Trade; Repair of Motor Vehicles & Motor Cycles. Manufacturing is also a popular industry in Nechells, with 7.4% of the working population listing this as their industry of employment. However, in Ladywood only 5.2% listed Manufacturing as their industry.

10.8 13.6 Professional, Scientific & Technical Activities Human Health & Social Work

Wholesale & retail Trade; Repair of Motor Vehicles & Motor Cycles 11 Education

12.6 Accomodation & Food Service Activities

11.2

Figure 6.5 Economy & Labour Market Profile: Ladywood Industries of Employment

Source: ONS, 2011.

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Figure 6.6 Economy & Labour Market Profile: Nechells Industries of Employment.

7.4

18 Wholesale & Retail; Repair of Motor Vehicles & Motor Cycles Human Health & Social Work 10.9

Accomodation & Food Services

Education

Manufacturing

11.7 13.1

Source: ONS, 2011.

In both Ladywood and Nechells, Construction industry employment is relatively low at 3.1% and 3.3% respectively, in comparison to 6.1% in Birmingham and 7.7% in England as a whole.

The Royal Institute of Chartered Surveyors (RICS) undertakes a quarterly UK Construction Market Survey; the most recently available is for the third quarter of 201410. It reports that construction workloads are continuing to grow, but that labour shortages continue to remain a key concern that could prevent further growth in activity. Furthermore, the report states that materials shortages are becoming a concern as supply chains struggle to cope with the acceleration in activity.

Despite these potential issues, the strength and breadth of the growth is feeding expectations for further growth over the coming year.

Housing

As of the 2011 Census, in Ladywood & Nechell the majority of dwellings were listed under the category “Flat, Masionette or Apartment; Purpose-Built Block of Flats or Tenement”. This category accounted for 79.4% of all dwellings in Ladywood and 52.9% of all dwellings in Nechells. Throughout the rest of Birmingham, only 20.4% of all dwellings are listed under this category, and in England as a whole that number is even lower at 16.7%.

10 RICS, (2014), RICS UK Construction Market Survey Q3 2014.

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As Figure 6.7 shows, Social Renting in Birmingham is higher than in the rest of England. This is particularly evident in Nechells where it accounts for the tenure of 51% of all households in the area. In comparison, Private Renting is the common tenure in Ladywood at 47.2%.

In both Ladywood and Nechells, considerably less households are Owned Outright or Owned with a Mortgage than in the rest of England.

60

51 50 47.2

40 32.8 30.6 29.3 28.9 30 25.9 24.2 Percentage 21.6 20 17.7 17.916.8 13.5 13 10.6 10 7.3 2.4 1.4 1.4 1 0.8 1.6 1.7 1.3 0 Owned Outright Owned with a Shared Social Rented Private Rented Living Rent Free Mortgage or Ownership Loan Axis Title

Ladywood Nechells Birmingham England

Figure 6.7 Housing: Tenure

Source: ONS, 2011.

Education Facilities

Based on the walk to school distance recommended by Living Streets11, Primary Schools within 1.6km, roughly 20 minutes walking distance, of the application site have been considered. There are five Primary Schools within 1.6km of the application site. As of the Department for

11 Living Streets, (2010), Policy Briefing on Walking to School.

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Education School Capacity 2012-2013 data12, these five Primary Schools have 273 available spaces combined, as shown in Table 6.1.

Table 6.1: Education: Primary School Capacity

Primary School Capacity Number of Pupils Available Space

St Catherine of Siena 210 209 1 Catholic Primary School

St Thomas CE 210 185 25 Primary School

Chandos Primary 420 402 18 School

Nelson Primary 420 200 220 School

St Anne’s Catholic 210 201 9 Primary School

Total 840 796 273

For the purpose of this assessment, Secondary Schools within 3km, roughly double the recommended Primary School walking distance, of the application site have been considered. There are four Secondary Schools within 3km of the application site. As of the Department for Education School Capacity Data 2012-201313, these four secondary schools had 438 available spaces combined, as shown in Table 6.2.

12 Department for Education, (2013), School Capacity 2012-2013 Primary School Underlining Data 13 Department for Education, (2013), School Capacity 2012-2013 Secondary School Underlining Data

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Table 6.2: Education: Secondary School Capacity

Secondary School Capacity Number of Pupils Available Space

Heartlands Academy 950 811 139

Holy Trinity Catholic 630 564 66 Media Arts College

Small Heath School & 1193 1323 -130 6th Form Centre

St Alban’s Academy 800 437 363

Total 3573 3135 438

Primary Healthcare Facilities

For the purpose of this assessment, primary healthcare facilities within 1.6km of the application site, roughly 15 minutes walking distance, have been considered. Using the NHS Choices website14, nine GP practices have been identified.

Of these nine GP surgeries, one is specifically in place to provide primary healthcare for those who are homeless or vulnerably housed and over 16 years old in the Birmingham area. Taking this in to account, the local area has eight GP surgeries available to all residents, which equates to 38 individual GPs. All of the GP practices are currently accepting new patients. Figure 6.8 shows the location of the GP surgeries in the local area.

14 NHS, (2014). NHS Choices. [online] Available at: www.nhs.uk

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Figure 6.8 Primary Healthcare Facilities: Local GP Surgeries

Source: NHS Choices.

The NHS Workforce Census15 found that in 2012, England had 35,871 FTE GP’s. This means that on average in England there are roughly 1,500 persons per 1 GP.

Quarterly information gathered on the number of patients registered per GP14 surgery found that the GP surgeries in the local area had a combined patient number of 55,128. This equates to roughly 1,451 patients per individual GP which is just within the national average.

There are also 4 Dental Surgeries and 10 Pharmacies within 1.5km of the application site. 3 of the 4 Dental Surgeries are currently accepting new patients.

15 NHS, (2012) NHS Workforce: Summary of Staff in the NHS: 2012 Census.

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Public Open Space

Birmingham City Council has a target of a minimum 2 hectares of public open space per 1,000 head of population3. Birmingham has around 3,200 hectares of public open space in total, but due to varying provision of open space, not all wards are meeting the set target.

In relation to the local area of this assessment, public open space in Ladywood exceeds the target, measuring between 2.5-2.99 ha. However Nechells falls short of the target with only 1.5-1.99 ha.

Table 6.3 outlines public open spaces within 2km of the application site, all of the spaces are within 30 minutes walking distance of the Application Site.

Table 6.3: Public Open Space: Spaces within 2km of Application Site

Public Open Space Distance from Application Site (km)

Highgate Park 1.6

Francis St Public Open Space 1.6

Moonlit Park 1.6

Garrison Lane Park 1.7

Conybere Street 1.7

Vauxhall Road 1.7

Chamberlain Gardens 1.9

Kingston Hill Local Park 1.9

St Mathews Church 2

Source: Birmingham City Council

Crime

West Midlands Police16 provide crime statistics for local areas over designated time periods. The most recent available information covers a period of May 2013 to September 2014.

16 Police, (2014) Detailed Statistics for Digbeth. [online] Available at: police.uk/midlands/BWDB/crime/stats

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As shown in Figure 6.9, in Birmingham as a whole, anti-social behaviour was the most common crime committed between May 2013 and September 2014 with 2899 crimes recorded. However, the number of shoplifting crimes was close behind with 2767 recorded incidents.

In the local area of Digbeth, the most common crime was also anti-social behaviour, however dissimilar to Birmingham; shoplifting was the least committed crime with only 11 recorded incidents.

Other noticeable differences include the considerably higher percentage of crimes in Digbeth related to violence and sexual offences, vehicles, and criminal damage and arson.

Figure 6.9 Crime: A Comparison of Crime Statistics between Digbeth and Birmingham.

13.4 Violence & Sexual Offences 9.34 12.67 Vehicle Crime 1.69 5.28 Theft from the Person 6.18 0.31 Shoplifting 26.26 4.94 Robbery 1.56 2.77 Public Order 4.61 0.56 Possession of Weapons 0.48

Crime 9.59 Other Theft 12.94 0.71 Other Crime 0.83 3.41 Drugs 2.14 8.61 Criminal Damage & Arson 2.59 5.64 Burglary 2.13 1.44 Bicycle Theft 1.75 30.67 Anti Social Behaviour 27.52

0 5 10 15 20 25 30 35 Percentage

Digbeth Birmingham

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Baseline Conditions Summary

The inner impact area of Ladywood and Nechells is considered to be suffering from above average deprivation in comparison to the rest of England. The other surrounding areas are considered to be of the most deprived in the country.

The population of Birmingham is very ethnically diverse and this particularly evident in the inner impact area of this assessment. Birmingham’s population has less economically active residents than England as a whole, and a higher level of unemployment. This replicated in the inner impact area, and is particularly evident in Nechells where only 54% of the population is economically active and unemployment accounts for 10.5% of the working age population.

Construction workloads are on the increase across the country according to the RICS Construction Market Survey for the 3rd quarter of 2014. However, a lack of labour is posing problems for the industry. In Ladywood and Nechells, only 3.1% and 3.3% of the working age population work in the construction industry.

Purpose- built blocks of flats, maisonettes and apartments are the most common form of housing in the inner impact area. Social renting and private renting are the primary forms of housing tenure, while the number of properties owned outright or owned with a mortgage or loan is lower than England as a whole.

As of the Department for Education Capacity Data for 2012-2013, primary schools within 1.6km of the Application Site had a capacity of 273 available spaces. Secondary schools within 3km of the Application Site had an available capacity of 438 spaces. There are 8 GP surgeries within 1.6km of the Application Site and the number of patients per GP in the local area is currently just under the national average.

The surrounding area has 9 public open spaces within 2km of the Application Site, but an apparent lack of children’s play space.

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6.5 Assessment of Impacts

Construction Phase

Construction Employment

Construction employment is important as it represents part of the continual supply of work that construction firms, and local tradesmen, rely upon. Without such schemes, construction and related employment opportunities are significantly reduced.

The scale of employment is a direct function of the scale and type of construction project being undertaken, which in turn is reflected in the overall capital construction costs. It is generally accepted that the scale of employment is a direct function of the overall capital construction costs. In the absence of detailed information regarding the recruitment practices of the principal contractor, a calculation based upon the Annual Business Survey (ABS)17 has been made to estimate the likely impact on the local area in terms of construction employment.

The average amount of construction expenditure required to support a construction job for a year has been derived from the latest ABS data on the turnover of the construction business in Great Britain for 2012 (£34,924,56 Million) divided by the number of construction workers for that year (2,5760,000).

The resulting figure of £135,576 is the approximate amount of capital construction expenditure that supports one person year of employment. Applying these ratios to the estimated construction cost of £90,000,000 provided by the applicant, the construction of the Proposed Development would generate approximately 664 gross person years of employment over the life of the construction period.

Using a standard ratio of 10 person years of construction work being equivalent to one permanent job in the economy, this equivalent to some 66 permanent jobs in the economy. It is important to note, however, that this is a conservative estimate of overall additional jobs to the economy over the long-term. This is therefore considered a Major Long-Term Benefit.

Indirect and Induced Employment

Further to the direct employment generated from the construction of the development, additional benefits will result from the construction phase. These secondary impacts will arise from the need to purchase supplies for the proposed development (indirect employment),

17 Office for National Statistics, (2012) Annual Business Survey.

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and from the increased expenditure in the locality by the construction workers (induced employment). Together this beneficial economic multiplier effect will sustain and generate further economic activity in the area boosting the local economy.

The concept of ‘additionality’ combines the direct and indirect employment impacts of a proposal against the baseline or reference case to identify the overall ‘net’ impact.

By undertaking an appraisal of the additional benefits using the adjustment factors from the Additionality Guide9, estimations of indirect and induced employment levels can be calculated (Appendix 6).

Additionality Assessment

Leakage

First, a Leakage factor is applied; this estimates the proportion of outputs that benefit those outside the target area, which is the local area and the Borough.

Based on the guidance from the Home & Communities Agency Additionality Guide9 a medium Leakage factor of 25% has been applied. This is because it is assumed that for a development of this size, it is likely that the main contractor will bring a lot of its own workforce, rather than employ from the local area. Furthermore, there is only a small percentage of people working in the construction industry in the local area. This may result in some of the benefits from the construction employment going to those outside the local area.

Displacement

A Displacement adjustment factor is then applied. Displacement takes into account the proportion of development outputs accounted for by reduced outputs elsewhere. In respect to construction, this may result from competition for construction staff that could result in delays and increased costs etc.

As mentioned previously, it is likely that the main contractor will bring the majority of their own workforce to the development which would result in a low Displacement factor. However, it has also been noted that there is a relatively small construction workforce in the local area, meaning that if the Proposed Development did need to employ further workers there is a chance employment might come from other construction jobs as there aren’t many construction workers within the local area. It is therefore considered that the development has the potential to cause a medium level of displacement, and a factor of 50% has been applied.

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Substitution

Substitution is the third factor to be considered. Substitution is the effect that arises when one activity is substituted for a similar one, for example employing a previously jobless person while another employee loses their job.

It is considered that substitution would not be relevant in this instance.

Multiplier

The last adjustment factor is a Multiplier; this calculates the secondary (indirect and induced) benefits as a result of the construction phase, as discussed above. The Multiplier adjustment factor varies according to the project size and geographic area; the larger the project and geographic area under consideration, the greater the multiplier factor.

The Multiplier effects of the proposed development Construction phase are predicted to be of medium value, therefore a Multiplier factor of 1.1 has been applied.

Reference Case

The Reference Case is the ‘do nothing’ scenario, a consideration of what impacts would occur anyway, if the Proposed Development did not go ahead. In this instance it is thought that a proportion of employment opportunities would be likely occur within the local area as other regeneration works take place. However, given the large scale of this Proposed Development and the high level of opportunity it would generate, it is thought unlikely that anywhere near the same level of opportunity would occur in its absence. Therefore, as the Gross Permanent Jobs in the Economy as a result of the Proposed Development was calculated at Gross Impact of 66 permanent jobs in the economy, the Reference Case Gross Impact has been calculated at 25% of this at 17 permanent jobs in the economy.

The four adjustment factors; Leakage, Displacement, Substitution and a Multiplier were then applied to generate the Net Impact of the Reference Case. This was then subtracted from the Net Impact of the Proposed Development to result in the Net Additional Impact of 23 indirect and induced employment opportunities as a result of the Proposed Development’s Construction Phase.

The Construction Phase is estimated to start in 2016 and end in late 2018, meaning the additional benefits it brings will be felt in the local area for 2.5-3 years. These additional benefits are therefore considered to be a Major Medium-Duration Benefit for the local area.

Table 6.4 outlines the additionality calculation process, for full details see Appendix 6.

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Table 6.4: Construction Employment: Additionality

Additionality Steps Additionality Application

Gross Direct Construction Employment 66.38

Less Estimated Leakage 16.60

Gross Direct Construction Employment to Target Area 49.79

Less Displacement 24.89

Net Direct Construction Employment to Target Area 24.89

Plus Multiplier Effects 2.49

Net Additional Construction Employment Benefits 27.38

Less Reference Case 4.54

Net Additional Impact 22.85

Operational Phase

Operational Population

Birmingham City Council’s SPD Public Open Space in New Residential Development6 provides guidance on predicted population numbers generated from new residential developments, as shown in Table 6.5.

Table 6.5: Operational Population: Birmingham City Council Estimated Housing Occupancy

Number of Bedrooms Number of People

1 1

2 2

3+ 3

The Proposed Development would bring forward 223 residential units. 43 Studio Apartments, 86 One Bed Apartments, 92 Two Bed Apartments and 2 Three Bed Penthouses. Based on Birmingham City Council’s population predictions from new residential developments, and with an educated assumption that a Studio Apartment would generate 1 resident, this would mean the Proposed Development would bring forward a population of 319 residents.

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Local Expenditure

As of 2012, the Office for National Statistics calculated Average Weekly Household Expenditure for England to be £489.00. The Proposed Development would bring forward 223 residential units, meaning the Average Weekly Expenditure from the Proposed Development would be £109,047, the Annual Expenditure being £5,670,444. It should be noted that a proportion of the Annual Expenditure from the Proposed Development would be used in the wider economy and not the local economy.

Therefore, to calculate an estimated Net Local Annual Expenditure brought forward from the Proposed Development, a high Leakage factor has been applied based on the guidance in the Additionality Guide9 to account for expenditure outside the local area, as shown in Table 6.6. The Reference Case considered the annual expenditure of a number of residents of the Proposed Development who may have already lived in the local area, and therefore would have already been contributing to local expenditure.

Table 6.6: Local Expenditure: Additionality

Additionality Steps Additionality Application

Gross Annual Expenditure £5,670,444

Less Estimated Leakage £2,835,222

Gross Local Expenditure £2,835,222

Less Reference Case £708,805.50

Net Annual Local Expenditure £2,126,416.50

The assessment found an estimated Net Annual Local Expenditure of £2,126,416.50 brought forward by the Proposed Development.

This is considered to be a Major Long Term Benefit for the local area.

Operational Employment

The proposed development is mixed-use, bringing forward both residential and commercial uses comprising of a NIA of 1,262.25sqm retail space (A1) and a NIA of 19889.15sqm office space (B1).

Operational employment details for the commercial element of the Proposed Development are not known at this time as occupiers have not been identified.

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In the absence of wider operational employment details, the scale of opportunities arising from the commercial space can be forecast through the application of ‘employment densities’. The term ‘employment density’ refers to the average floor-space per person in an occupied building. It is a measure of intensity of use and indicates how much space each person occupies within the workplace. The employment densities used for this assessment are taken from the most recent available data from Home & Communities Agency Employment Densities Guide18.

To forecast the number of ‘workspaces’ associated with the Proposed Development and quantify the benefits, the GIA has been converted into NIA and recommended employment densities have been applied, Table 6.7. The full calculations are shown in Appendix 6.

Table 6.7: Operational Employment: Employment Densities

Use Class NIA m2 No. of FTE Employees

A1 1262.25 66.44

B1 19889.15 1657.43

Total 21151.4 1724

It is therefore considered that the Proposed Development will bring forward approximately 1724 FTE employment opportunities as a result of the commercial element. This is considered to be a Major Long-Term Benefit for the local area.

Indirect and Induced Employment

Further to the direct employment generated during the operation of the proposed development, additional benefits will result. These secondary impacts will arise from the need to purchase supplies for the businesses operating within the proposed development (indirect employment), and for example, from the increased expenditure in the locality by the workers (induced employment). Together this beneficial economic multiplier effect will sustain and generate further economic activity in the area boosting the local economy.

The concept of ‘additionality’ combines the direct and in direct employment impacts of a proposal against the baseline position or reference case to identify the overall ‘net’ impact.

18 Home & Communities Agency, (2010). Employment Densities Guide 2010.

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By undertaking an appraisal of the additional benefits using the adjustment factors from the Additionality Guide estimations of indirect and induced employment levels can be calculated (Appendix 6). Four adjustment factors will be applied to understand the employment arising from the operational stage.

Additionality Assessment

Leakage

First, a Leakage factor is applied; this estimates the proportion of outputs that benefit those outside the target area, which is the local area and the Borough.

Based on the guidance from the Home & Communities Agency Additionality Guide9 a medium Leakage factor of 25% has been applied. This is because it is anticipated that the majority of employment positions provided by the Operational Stage will be occupied by residents of the local area.

Displacement

A Displacement adjustment factor is then applied. Displacement takes into account the proportion of development outputs accounted for by reduced outputs elsewhere.

In regards to the operational employment the displacement factor needs to consider the possibility of new employees leaving their current retail roles nearby to take up positions within the proposed development.

Retail employment positions of various stores generally tend to be similar in regards to roles & responsibilities, pay, benefits etc. It is therefore considered unlikely that an individual working in the retail sector would leave one retail position for another similar one without specific reason which often be associated with individual circumstances and/or judgement.

Consequently, a low Displacement factor of 25% has been applied.

Substitution

Substitution is the third factor to be considered. Substitution is the effect that arises when one activity is substituted for a similar one, for example employing a previously jobless person while another employee loses their job.

It is considered that substitution would not be relevant in this instance.

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Multiplier

The last adjustment factor is a Multiplier; this calculates the secondary (indirect and induced) benefits as a result of the construction phase, as discussed above. The Multiplier adjustment factor varies according to the project size and geographic area; the larger the project and geographic area under consideration, the greater the multiplier factor.

The Multiplier effects of the proposed development Construction phase are predicted to be of medium value, therefore a Multiplier factor of 1.1 has been applied.

Reference Case

The Reference Case is the ‘do nothing’ scenario, a consideration of what impacts would occur anyway, if the Proposed Development did not go ahead. In this instance it is thought that a proportion of employment opportunities would be likely occur within the local area as other regeneration works take place. However, given the large scale of this Proposed Development and the high level of opportunity it would generate, it is thought unlikely that anywhere near the same level of opportunity would occur in its absence. Operational Employment as a result of the Proposed Development was calculated at Gross Impact of 1723 FTE jobs, the Reference Case Gross Impact has therefore been calculated at 25% of this at 431 FTE jobs.

The four adjustment factors; Leakage, Displacement, Substitution and a Multiplier were then applied to generate the Net Impact of the Reference Case. This was then subtracted from the Net Impact of the Proposed Development to result in the Net Additional Impact of 800 indirect and induced employment opportunities as a result of the Proposed Development’s Operational Stage.

This is considered to be a Major Long-Term Benefit for the local area.

Table 6.8 outlines the additionality calculation process, for full details see Appendix 6.

Table 6.8: Operational Employment: Additionality

Additionality Steps Additionality Application

Gross Direct Operational Employment 1723.863377

Less Estimated Leakage 430.9658443

Gross Direct Operational Employment to Target Area 1292.897533

Less Displacement 323.2243832

Net Direct Operational Employment to Target Area 969.6731496

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Additionality Steps Additionality Application

Plus Multiplier Effects 96.96731496

Net Additional Operational Employment Benefits 1066.640465

Less Reference Case 266.68125

Net Additional Impact 800

Child Yield

It is generally accepted that new developments attract young families and generate a greater proportion of young children compared to average statistics for existing, established households. The number of children generated from a new development has the potential to impact upon areas such as education provision and play space within the local area, and as such, it is important that the child yield of any new development is considered in the context of the current capacity of the local area.

No national or Birmingham regional methodology of calculating child yield exists. However, the GLA have researched and revised child yield multiplier calculations several times since the 2005 Briefing on Child Yield19, the most recent of which were published in the 2012 SPG Shaping Neighbourhoods: Play and Informal Recreation20. Despite being predominantly focused on Greater London, the SPG has the most reliable and robust calculations for Child Yield and can be used by other local authorities. The SPG notes that multipliers may also be used by local authorities to calculate not just the demand for play space from new developments, but also the potential impacts on education provision. The GLA method generates the Child Yield shown in Table 6.9.

With the development bringing forward a total of 223 Market/Intermediate Residential Flats, the total Child Yield for the development has been calculated to be 12 Children. For full calculations of each area of the development see Appendix 6.

19 GLA, (2005), DMAG Briefing 2005/25 Child Yield. 20 GLA, (2012), Shaping Neighbourhoods: Play & Informal Recreation SPG

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Table 6.9: Child Yield generated by Proposed Development

Age Market/Intermediate Flats Total

Studio 1 Bed 2 Bed 3 Bed

0-4 0 0 6.23 0.34 6.57

5-10 0 0 1.78 0.22 2

11-15 0 0 0.89 0.06 0.95

16-18 0.43 0.89 0.89 0.04 2.25

No. Units 43 89 89 2 223

Total 0.43 0.89 9.79 0.66 11.77

Demand on Education Facilities

The estimated child yield from the Proposed Development is 12 children, of which 2 would be of primary school age (5-10) and 3 would be of secondary school age (11-18). The Secondary school age group has been considered to include 16-18 year olds as students now have to stay in some form of education until they are 18, wherever that be in a 6th form, college, or an apprenticeship. This means that some may choose to stay on in secondary school 6th forms past the age of 16.

The baseline analysis of the educational establishments in the area shows that there is currently the capacity for 273 primary school places and 438 secondary school places.

Therefore, there is currently more than adequate space within the local primary & secondary schools to accommodate the child yield of the Proposed Development. The child yield therefore considered to be a Neutral Effect to the area.

Demand on Primary Healthcare Provision

The Proposed Development will bring forward a population of approximately 319 people. The baseline assessment found that primary healthcare demand for GPs in the local area was within the national average at roughly 1,451 patients per GP over 8 Doctors Surgeries.

The estimated population of the Proposed Development split over the 38 Individual GPs would put the number of patients per GP to roughly 1460. This is still within the national average and leaves the capacity to accommodate another 1520 patients across the 38 GPs. As GP Surgeries

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have the ability to expand to meet demand it is considered that the Proposed Development would have a Neutral Effect on Primary Healthcare Provision.

Housing

The Proposed Development will bring forward 223 residential units. 43 Studio Apartments, 86 One Bed Apartments, 92 Two Bed Apartments and 2 Three Bed Penthouses. This equates to a total of 19,146sqm of residential space.

A Viability Assessment has been conducted and the developer has been determined that a contribution to offsite highways works, offsite transport & public open space improvements and affordable housing to the value of £900,000 will be made available as a result of the development.

It is therefore considered that the 223 market residential units brought forward by the Proposed Development and the contribution of almost £1 million will act as a Major Long- Term Benefit for the local area by catering to the needs of both market and affordable housing and other highways and amenity improvements.

Public Open Space & Play Space

The Proposed Development will bring forward approximately 258sqm of public realm space. The development of 258sqm of public realm space, and a possible financial contribution for further public realm space development is considered to contribute to the Big City Plan’s7 vision of improving public realm areas across the city, and is therefore considered to be of Moderate Long-Term Benefit to the local area.

Crime

The proposed development will address crime in a number of ways. In the first instance the introduction of a community with greater permanency than is currently seen in the local area is considered likely to aid community cohesion and reduce the tendency for civil unrest. In many circumstances, a reduction in crime is achieved simply by having more people in an area who can notice if something or someone looks suspicious.

Furthermore, the Proposed Development is committed to achieving Considerate Constructors Certification throughout the construction phase, and Secured by Design Certification.

The Considerate Constructors Scheme is the national initiative set up by the construction industry to improve its practices for the benefit of those effected by construction works. Construction sites and companies can voluntarily register with the scheme, and in doing so sign up to a Code of Considerate Practice whereby they will follow standards of best practice

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across areas of works concerning the local community, the workforce and the environment. An aspect of the scheme is ensuring the site is safe and secure throughout the construction phase.

Secured by Design focuses on crime prevention of homes and commercial premises and promotes the use of security standards for a wide range of applications and products. The principles have been proven to achieve a reduction of crime risk by up to 75%, by combining minimum standards of physical security and well-tested principles of natural surveillance and defensible space. The objective is to reduce burglary and crime in the UK by designing out crime through physical security and processes.

By following the Considerate Constructors code of conduct, and achieving Secured By Design certification, the Proposed Development will deter anti-social and criminal activity for the duration of its construction and on throughout its operational phase. This is considered to be a Moderate Long-Term Benefit for the local area.

The development will also embrace a new lighting strategy that will provide safe night time lighting or pedestrian areas across the site, which is not presently the case.

Wider Impacts

The development will also provide for:

 Local employment and training opportunities;

 Inclusion of public art;

 24 hour pedestrian-only public access;

 Improvements in security & safety for persons passing through the area; and

 Contributions to Public Transport and Highways improvements.

Again these are all considered to be moderately positive impacts.

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6.6 Assessment of Cumulative Impacts

Cumulative Schemes

There are currently five schemes with similarities to that of the Proposed Development coming forward in the Wider City Centre. These are;

 Arena Central – mixed- use development with 322 residential apartments and 673qm of commercial floorspace for Use Classes A1, A5, B1, D1 & D2). 150 associated car parking spaces, cycle parking, landscaping and public realm improvements.

 Paradise Circus – A commercial led mixed-use development comprising of up to 170,012sqm of GIA for Use Classes B1a, A1, A2, A3, A4, A5, D1, D2, D2 & C1. Also including car parking, highway works, public realm improvements and associated works to public rights of way.

 John Lewis Department Store Development & Redevelopment of New Street Station – The construction of new A1 department store including ancillary customer facilities, including a café and restaurant. Construction of 2 A3 retail units at the lower level. Works will also include a level of demolition to allow construction, provision of a drop-off/pick- up area, extension of public concourse, extension of the car park and ancillary services & facilities.

 Birmingham City University – The construction of university accommodation (Use Class D1), and ancillary retail (Use Class A1), office (B1), café and restaurant (Use Class A3), drinking establishment (Use Class A4), and leisure uses (Use Class D2), car parking, landscaping and associated works.

 Masshouse – The construction of a mixed-use development comprising of commercial and retail at ground floor (Use Classes A1-A5 and B1(a)) and 15 residential apartments above.

Arena Central

The Arena Central development is likely to bring forward increased population numbers and child yield thus resulting in an increased demand on local primary healthcare facilities, and local schools. It also likely to increase expenditure in the local area. Throughout the construction phase of the development there will be increased construction employment and associated additional benefits. Once operational, the development will offer further operational employment opportunities and associated additional benefits.

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Paradise Circus

The Paradise Circus development is also likely to bring forward increased population numbers and child yield, thus increased demand on local healthcare and education facilities. Again, it will also bring forward increased local expenditure, increased construction employment and associated additional benefits throughout the construction phase, and increased operational employment and associated additional benefits once in operation.

John Lewis Department Store Development & Redevelopment of New Street Station

The department store development and station redevelopment is likely to bring forward increased construction employment and associated additional benefits throughout the construction phase, and increased operational employment and associated additional benefits throughout operation.

Birmingham City University

The construction of university accommodation is likely to increase population numbers and place increased demand on primary healthcare facilities. The increased population will also result in amplified local expenditure. The construction phase of the development will generate construction employment and associated additional benefits, and once operational the ancillary areas will generate further operational employment opportunities.

Masshouse

The Masshouse development is expected to bring forward increased population numbers, and child yield and thus further demand on local education and healthcare facilities. Additional local expenditure is likely to be an outcome of the increased population. The construction phase will generate construction employment and associated additional benefits. Further employment opportunities and associated benefits will also be brought forward by the operational phase.

Cumulative Impacts

The five similar schemes coming forward are all within 1 mile walking distance of the Proposed Development. Therefore, the collective effects of these developments and the Proposed Development should be considered against the Baseline socio-economic conditions of the local area.

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Population

Four out of the five developments, excluding the John Lewis & New Street Station scheme, will bring forward increased population numbers as an effect of their residential elements. This will also result in the development’s contributing to an increased child yield within the local area, with the exception of the University scheme as it is considered unlikely that students will generate additional child yield.

Additional population and child yield numbers will result in an increased demand on educational and healthcare facilities within the local area. There is currently the capacity for 273 primary school places and 438 secondary school places, and therefore the collective effect on education facilities in the local area is still considered to be Neutral as it is believed the local schools have the capacity to accommodate the child yield of the developments.

Demand on local primary healthcare facilities is currently within the national average, with some room for increased demand. However, a collective population increase from the cumulative schemes has the potential to push those figures closer to the national average if not over it, it is therefore considered that the cumulative impact on the demand of primary healthcare facilities is Minor Negative.

An increased local population will also result in increased local expenditure. More residents living in the area will mean more money being spent in the local area, and this is considered to be of Major Long-Term Benefit.

Employment

The developments’ collective effect on employment in the area is expected to be a positive one. Employment opportunities and additional benefits will be generated throughout the construction and operational phases of the developments, and felt across the local area. This is considered to be of Major Long Term benefit to the local area.

However, it should be noted that the RICS Market Construction Survey10 has recorded the construction industry struggling to keep up with labour demand. Therefore there is a possibility that while these developments may generate an increased number of employment opportunities in the construction sector, there may not be enough workers to fill them. This may cause increased competition for workers between developments and potentially delay the completion of their construction phases. Therefore, in the sense of construction employment, the benefit to the local area has been lowered to a benefit of Moderate value.

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Housing

Four out of the five schemes will have residential elements within the development, which is considered a Major Long-Term Benefit for the local area as it will contribute to The Big City Plan’s7 goal of 5,000 new homes to be built in Birmingham. Where affordable housing is not a part of a scheme, a contribution will be made instead, which will in turn go towards developing more housing within the area.

Public Open Space

Each scheme has intentions of developing, improving and/or contributing to the public realm space. Individually, public realm improvements would be of some level of benefit, however collectively, this is of Major Long-Term Benefit to the local area by providing and improving a greater amount of open space for public use.

Crime

As previously stated; the introduction of a community with greater permanency than is currently seen in the local area is considered likely to aid community cohesion and reduce the tendency for civil unrest. In many circumstances, a reduction in crime is achieved simply by having more people in an area who can notice if something or someone looks suspicious. Therefore collectively these developments will result in a Major-Long Term Benefit in relation to crime prevention by contributing to a greater community.

6.7 Enhancement, Mitigation and Residual Effects

The assessment has found that there is the possibility of a Minor Negative effect to the demand on primary healthcare provision within the local area as a result of the cumulative impacts. It is possible, however, that “market forces” will promote additional provision of healthcare facilities in the area to meet the increased demand and consideration should be given to allocating a space for such a facility within the developed scheme.

6.8 Summary

Ladywood & Nechells suffer from above average deprivation in comparison to the rest of the country, and the other surrounding areas are considered to be of the most deprived areas in England. Therefore, through regeneration schemes such as this one, and the other cumulative schemes coming forward in the area, there is an opportunity to improve people’s quality of life by providing housing, opportunities and by enhancing the local economy.

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The Construction Phase of the Proposed Development is estimated to bring forward 66 permanent jobs in the economy. This is considered to be a Major Long-Term Benefit for the local area. Furthermore, the additional benefits arising from this impact are estimated to create 23 indirect and induced employment opportunities in the local area. This is thought to be a Major Medium-Duration Benefit to the local area. The cumulative effect of other developments in the area will see further construction employment generated in the local area, it should be noted that it has been recognised in the construction industry recently that there is a shortage in labour which may result in increased competition between developments for workers. Taking this in to account the effect of construction employment has been lowered to one of Moderate value.

The residential units of the scheme would accommodate an estimated population of 316 residents, and generate an estimated annual local expenditure of £2,126,416.50. The additional local expenditure has been derived from the ABS average household expenditure17, whilst taking in to account an estimate for spending that would not occur in the local area itself, and a number of residents that may have already lived in the local area. The resulting figure is considered to be a Major Long-Term Benefit for the local area as a result of the Proposed Development.

The commercial aspect of the Proposed Development is formed of retail and office space. The 21151.4sqm NIA of commercial space would see the Operational Phase generate 1724 FTE employment opportunities. Similar to the Construction Phase, this would generate additional benefits in the form of 800 indirect and induced employment opportunities in the local area. Both of these Operational Phase employment impacts are considered to be of Major Long- Term Benefit to the local area.

Due to a relatively low child yield generated by the Proposed Development, the local schools have the capacity to easily accommodate the predicted 12 children and therefore the effect is considered Neutral. Likewise, the effect on Primary Healthcare provision is also considered Neutral due to the number of Patients per GP remaining under the national average.

Another Major Long-Term benefit brought about by the Proposed Development is the effect on housing. By bringing forward 223 residential units and making a financial contribution of £900,000 to the council, the Proposed Development is helping to meet the demand for both market and affordable value housing.

The provision of Public Realm space within the Proposed Development, and the commitments made to achieving Considerate Constructors and Secured by Design Certification means that the Proposed Developments impacts on open space and on crime are both considered to be of Moderate Long-Term Benefit.

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The cumulative effect of other developments in the area will see further construction employment generated in the local area, it should be noted that it has been recognised in the construction industry recently that there is a shortage in labour which may result in increased competition between developments for workers. Taking this in to account the effect of construction employment has been lowered to one of Moderate value.

The cumulative impact on the provision of primary healthcare has also been assessed to potentially have a negative effect.

All other cumulative impacts were assessed to be of benefit to the local area.

Therefore, based upon the appraisal of the socio-economic impacts discussed above, the impacts associated with the Construction Phase are deemed to be of a predominantly high beneficial significance and of a medium to long-term nature. The impacts associated with the Operational Phase are also deemed to be of a predominantly high beneficial significance and of a medium to long-term nature.

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7.0 TOWNSCAPE AND VISUAL IMPACT

7.1 Introduction

This chapter of the Environmental Statement (ES) provides an assessment of the townscape and visual impact of the proposed Development at the Beorma Quarter. Mitigation measures are also described where appropriate. This document is based on, and closely follows the previous approved 2009 TVIA but has been revised and updated in response to current policies and the revised development proposals.

Both the previous and current TVIA processes and documentation have been carried out by qualified, experienced landscape architects (Bell Fischer Associates).

7.2 Legislation and Policy Context

7.2.1 National Policy

National planning guidance is prepared by Central Government and is set out in the new National Planning Policy Framework.

National Planning Policy Framework (2012) Section 7: Requiring Good Design and Section 8: Promoting Healthy Communities

Paragraph 56: states “Good design is a key aspect of sustainable development, is indivisible for good planning, and should contribute positively to making places better for people”.

Paragraph 58: states that planning polices and decisions should aim to ensure that developments:

 Function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;

 Establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit;

 Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public spaces as part of developments) and support local facilities and transport networks;

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 Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation;

 Create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion;

 Are visually attractive as a result of good architecture and appropriate landscaping.

Paragraph 61: states “planning policies and decisions should address the connection between people and places and the integration of new development into the natural, built and historic environment”.

Paragraph 69: states planning policies should aim to achieve places which promote:

 Opportunities for meetings between members of the community who might not otherwise come into contact with each other, including through mixed-use developments, strong neighbourhood centres and active street frontages which bring together those who work, live and play in the vicinity;

 Safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion;

 Safe and accessible developments, containing clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas.

7.2.2 Local Policy

The current Unitary Development Plan for Birmingham incorporating Alterations 2005 (The Birmingham Plan), which looked forward to 2011, is soon to be replaced by the new Local Development Framework, notably the Pre-submission Version of the Birmingham Development Plan (BDP), published December 2013. The Birmingham Development Plan sets out a vision and objectives for the future of Birmingham and will be a City-wide spatial strategy. It is expected that the BDP will be adopted by the Council on 1st April 2015.

Unitary Development Plan for Birmingham incorporating Alterations 2005 (The Birmingham Plan): The planning policy for Digbeth and the site is covered within the City Centre policies in Chapter 15, which identifies the site lying within three key initiative areas: the Bullring Redevelopment Area, the Digbeth Millennium Quarter and the Eastside Initiative. There are no policies specific to the Site within the UDP, however paragraph 15.5B states that: “Parts of the Digbeth Millennium Quarter are of great architectural and historic importance, and new development will be expected to respect the character of these areas”. Policies 3.25 and 3.27 set out the criteria against which development in the conservation area will be assessed.

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Pre-submission Version of the Birmingham Development Plan (BDP) (December 2013) with modifications incorporating the Birmingham Core Strategy 2026 Consultation Draft – December 2010 The proposals map accompanying the draft BDP shows the Site lying within a Growth Area and a Conservation Area. Section 3: The Vision, Objectives & Strategy, sets out the Council’s vision for Birmingham including eleven key objectives which will shape its future development. Those relevant to the TVIA include:

 To develop Birmingham as a City of sustainable neighbourhoods which are safe, diverse and inclusive with locally distinctive character.

 To protect and enhance the City’s heritage and historic environments.

 To conserve Birmingham’s natural environments, allowing biodiversity and wildlife to flourish.

Policy GA1.3 covers The Quarters, including the site within Digbeth:

New development must support and strengthen the distinctive character of the areas surrounding the City Centre Core raising their overall quality, offer and accessibility. The City Centre is formed by seven Quarters with the Core at its heart. Within each Quarter varying degrees of change are proposed that relate to the overarching objectives of delivering ambitious growth whilst supporting the distinctive characteristics, communities and environmental assets of each area

Digbeth – Creating a thriving creative and cultural hub with a high quality, exciting and easily accessible environment.

Policy GA1.4 – Connectivity: Measures to improve accessibility to and within the City Centre will be supported, including:

 An enhanced high quality network of pedestrian/cycle routes, public open spaces and squares

Policy TP12 – Historic Environment: the historic environment, consisting of archaeological remains, historic buildings, townscapes and landscapes, including locally significant assets and their settings in addition to designated and statutorily protected features, will be valued, protected, enhanced and managed for its contribution to character, local distinctiveness and sustainability.

Birmingham Big City Plan (July 2011) launched in September 2010, as a non-statutory document that sets out a vision and framework for how the City Centre will be transformed and its key proposals are reflected in the BDP. It will sit alongside the emerging Birmingham Development Plan. Within the Big City Plan, the City Centre has been divided into seven distinctive ‘quarters’, the Site is located within the quarter known as Digbeth.

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Digbeth: About this quarter - states: Within this core area the streetscape is wholly derived from the area’s industrial past as a warehouse and industrial quarter. Street blocks are compact and composed of building plots which vary in shape and size.

Digbeth: The Masterplan vision – states: The ambition for the area is to use its historic roots as a foundation for growing its established creative businesses and developing a vibrant urban community with entertainment, living and cultural opportunities. By embracing the existing building fabric and delivering a high quality, exciting and safe public realm Digbeth will become a flourishing creative and cultural hub for the city.

Digbeth: Big ideas – states: In Digbeth the fundamentals are all there to create a thriving, active and authentic part of the city centre. With some enhancements to the physical infrastructure of the area, the potential can be truly fulfilled. To facilitate the renaissance we will address a number of key issues, including:

 Providing safe and convenient connections into and through the quarter.

 Supporting its gritty and authentic character

 Balancing the needs of local businesses, residents, cultural and creative activities

 Responding to the opportunities and challenges that the proposal for HS2 in neighbouring Eastside will bring.

Building Heights – tall buildings (defined by BCC as buildings exceeding 15 storeys in height) are acceptable at the north end of the site within a New Height Ridge Zone shown on page 31. It states: Tall buildings provide the opportunity to manage and create an identifiable skyline, memorable for its key buildings.

Digbeth, Deritend, Bordesley High Streets (Dibeth/Deritend) Conservation Area: Character Appraisal and Supplementary Planning Policies (SPD) 2009: the site sits at the west end of the Conservation Area. The Conservation Area was designated on 31st May 2000 in order to preserve the most significant remains of Birmingham’s mediaeval townscape and its setting within a distinctive inner city industrial quarter.

Part B2.2 – New Development in the Historic Environment, Key Design Principles states:

 All new buildings should follow the street frontage line at the back of pavement. Dominant architectural elements or features, which project beyond the building line will not be permitted.

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area. This will normally limit new buildings to a maximum of six industrial/commercial storeys. Where setback storeys are employed to reduce apparent height these must be in proportion to the street frontage elevation and should be carefully designed to minimise bulk and mass.

 The plan form and architectural treatment of new development should complement the historic and architectural character of the conservation area. In particular, principal elevations must always front the street.

 Local identity should be reinforced through the use of materials traditionally employed in the area. All building materials should be of high quality.

 New buildings must preserve views and vistas characteristic of the conservation area and respect the setting of key historic landmarks. The creation of new landmarks will be discouraged.

High Places: A Planning Policy Framework for Tall Buildings (SPG) 2003: the supplementary planning guidance was adopted by Birmingham City Council in 2003. The subject has been revisited with the publication of the Buildings Heights section of The Big City Plan in July 2010 and the emergence of the draft BDP. The SPG provides guidance on the location, form and appearance of tall buildings. The SPG discourages tall buildings (defined by BCC as buildings over 15 storeys in height) outside the Central Ridge Zone of the City, where most tall buildings are located. The SPG states:

 Birmingham welcomes and encourages well-placed, high quality, tall buildings that would enhance the image of the city and the development of Birmingham’s overall economy as a competitive city in the national and international context

 Unless there are exceptional reasons tall buildings should not be located in areas where they disrupt an existing coherent townscape of merit or block important views and sightlines of key buildings and spaces; for example in a conservation area or adjacent to listed buildings.

 The general presumption should be that tall buildings outside the city centre ridge zone will only be appropriate in defined or exceptional circumstances. Nevertheless, any such proposals will continue to be considered on their merits and judged in relation to design guidance in the UDP and current Supplementary Planning Guidance such as ‘Places for All’.

This SPG is partly updated by statements regarding building height made in The Big City Plan, as previously discussed.

“Places for All” Supplementary Planning Guidance (SPG) 2001 states: “We need to use land efficiently, encourage walking, cycling and the use of public transport, and allow access for everyone – including people without a car. All buildings should relate to their context, be adaptable, accessible and well

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insulated with quality as a main priority”. In order to achieve these design qualities BCC identified 5 main principles:

 Creating diversity – the aim must be to create or build within places that have an accessible choice of closely mixed complementary activities.

 Moving around easily – places should be linked up with short, direct public routes overlooked by frontages.

 Safe places, private spaces – places must be safe and attractive with a clear division between public and private space.

 Building for the future – buildings and spaces should be adaptable to enhance their long-term viability and built so they harm the environment as little as possible.

 Build on local character – development must consider the context and exploit and strengthen the characteristics that make an area special.

“Places for Living” Supplementary Planning Guidance (SPG) 2001 sets out 5 main principles to encourage high quality residential proposals:

 Places not estates – successful developments must address wider issues than simply building houses and create distinctive places that offer a choice of housing and complementary activities nearby.

 Moving around easily – places should be linked up with short, direct public routs overlooked by frontages.

 Safe places, private spaces – places must be safe and attractive with a clear division between public and private spaces.

 Building for the future – buildings and spaces should be adaptable to enhance their long-term viability and built so they harm the environment as little as possible.

 Build on local character – developers must consider the context and exploit and strengthen the characteristics that make an area special

The SPG encourages the design of attractive streets and spaces (page 28) by stating: “New streets and public spaces should incorporate a public realm strategy in their design to make them safe, attractive and useable by many people with different needs. General aspects to consider include: local character, existing landscape features, the size and type of space, location and prominence, connections to the

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wider area, circulation patterns and desire lines, variety of uses surrounding space, ratio of building height to width, design of surrounding buildings and microclimate.”

7.3 Assessment Methodology and Significance Criteria

This assessment is based on architectural drawings from Broadway Malyan (BM) and Bell Fischer Landscape Architects (BFLA), which are being submitted as part of the planning application, and visualisations by Broadway Malyan, which are included within this section. This assessment takes into account the physical fabric of the local area as a Conservation Area and the listed buildings within and adjacent to the development site. Consideration is also given to existing tall buildings and consents/application for other tall buildings in the city centre, the skyline of Birmingham and the appropriateness of the site for a tall building.

This review of the previous 2009 assessment has taken into account the methods outlined in the following current best practice guidance:

 Guidelines for Landscape and Visual Impact Assessment’(2013) produced jointly by the Landscape Institute and the Institute of Environmental Management and Assessment

 ‘Photography and Photomontage in Landscape and Visual Assessment Advice Note 01/2011’ by the Landscape Institute

Assessment of Townscape Effects

Townscape receptors with the potential to be affected by the proposed development have been identified; these typically include Townscape Character Areas, designated townscape features (such as listed buildings), public open spaces, transport routes and the application site itself. Once identified, a subjective, professional analysis can be made of all available information to interpret townscape quality.

For purposes of the baseline study, the overall quality of the townscape is summarised and defined in Table 7.1:

Table 7.1

Scale Quality of Townscape

High Has valued features that are significant in the context of the Quality surrounding area, with distinctive components and structure. These Townscape landscapes are considered to be of particular importance to conserve and may be particularly sensitive to change in general

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Scale Quality of Townscape

Medium Has features that are distinctive to the local area, with some Quality recognisable and consistent structure Townscape

Low Has no distinctive features or character and is often in a poor condition Quality Townscape

Sensitivity can then be attributed in relation to the townscape and its capacity to accommodate the proposed development. Once this townscape baseline is established, an assessment of the likely changes to the existing townscape character, as a result of the proposed development, can be made. The criteria for magnitude of townscape effect used are derived from the proportion of the area or townscape features affected by the proposed development, context, setting and the duration of the effect.

In accordance with the guidelines, the magnitude of townscape effect is summarised and defined in Table 7.2:

Table 7.2

Scale Magnitude of Townscape Effect

High Obvious long-term and vivid changes to townscape character. Very adverse (or noticeable in the vicinity, due to the introduction of prominent beneficial) elements over an extensive area effect

Moderate Partial changes to townscape character. Proposed development will be adverse (or reasonably noticeable within the vicinity, due to difference with existing beneficial) landform, scale and pattern of development effect

Low Slight or temporary alterations of townscape character. Not readily adverse (or noticeable and does not significantly influence character of surrounding beneficial) area effect

The assessment of the proposals is based on National and Local planning policies and guidance. Listed buildings and conservation areas are taken to be of high sensitivity in townscape terms.

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Assessment of Visual Effects

The visual assessment considers the visual amenity of the site and the surrounding area. It identifies potentially sensitive visual receptors and approximate visibility of the proposed development.

The sensitivity of the visual receptors and views will be dependent on the type of receptor and frequency of use, the speed at which the view would be gained, the landscape designation of the viewpoint, the quality of the intervening landscape, the scale of the landscape and the context of the view. The most sensitive receptors may include users of public footpaths and residential properties with views affected by the proposed development.

For the purposes of this baseline study, sensitivity is summarised and defined in Table 7.3:

Table 7.3

Scale Sensitivity of Receptors

High Views from public footpaths, bridleways, parks, viewpoints, tourist Sensitivity hotels, residential properties, slow - medium moving vehicles on scenic routes

Moderate Views from sporting or recreational facilities - not related to the Sensitivity enjoyment of the landscape, schools, slow - medium moving vehicles

Low Views from industrial, office or other workplaces, fast moving vehicles Sensitivity

The significance of the resulting visual effect is the degree to which the nature and appearance of the proposals would affect the character and quality of the existing view. It is therefore a result of the magnitude of change and the degree of sensitivity of the view to change.

Magnitude is determined by the distance from the proposed development, the extent to which the proposals would be visible and the extent within the overall view, presence of other built structures and duration of operations.

In accordance with the relevant guidelines the significance criteria for the magnitude of visual effects is summarised and defined in Table 7.4:

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Table 7.4

Scale Magnitude of Visual Effects

High Where effects are adverse - the proposals create dominating change in adverse (or views from sensitive receptor types. Or major changes to views from beneficial) very sensitive receptor types that would cause major deterioration in effect view.

Where effects are beneficial - the proposals change the nature of the view, creating a marked improvement.

Moderate Where effects are adverse – the proposals create distinct changes to adverse (or views, from sensitive receptor types, that would cause some beneficial) deterioration in view. effect Where effects are beneficial – the proposals form an immediately apparent feature in a less sensitive view, such that it affects and improves the overall view

Low Where effects are adverse – the proposals create major changes to adverse (or views from receptors of low to moderate sensitivity. Or small changes to beneficial) views from very sensitive receptor types that would cause limited effect deterioration in view.

Where effects are beneficial – the proposals create small changes to sensitive views or a recognisable new element within a view of low sensitivity, such that there is some localised improvement.

In order to assess the visual impact of the proposed Development, two separate images have been prepared from each viewpoint selected:

 Existing – the view as it exists today; and

 Proposed – with the proposed scheme inserted (as a fully rendered image where visible and indicated where concealed) in order to place the proposed development in context

In summary, this part of Birmingham is historically rich and significant views exist into and out of the site both from Birmingham city centre and west along the High Street Corridor towards the tall buildings of the city centre. Notable views exist from the St Martin’s Church (Grade II*) and from the Nelson Statue in the Bull Ring, (listed Grade II*). The Development lies opposite the iconic Selfridges building. The visual assessment considers the potential impact of the proposed Development of the setting of the Conservation Area and the listed buildings through a range of distant, mid-range and local views selected by BFLA in association with Birmingham City Council.

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7.4 Baseline Conditions

In this section, the existing character and quality of the townscape, both in terms of the Site itself and the surrounding area, have been assessed having regard to the planning policies outlined in 7.2.

7.4.1 Evolving Characteristics of Birmingham City Core

Because the built form of Birmingham is continually evolving, buildings that have received planning permission, and even some already under construction, are not yet visible in the photographs selected for the View Assessment.

7.4.2 Characteristics of the Local Area The proposed development area is located to the east of Birmingham city centre. The site occupies a prominent corner location on a major arterial route into the city (A41 Digbeth). The site lies adjacent to a number of significant city landmarks which help to place it in a wider context and connect it to the city centre. These include the 19th century St Martin’s Church (Grade II* listed), Nelson’s Statue (Grade II* listed) and the Selfridge’s department store located in the Bullring shopping centre. The southern boundary of the site is defined by the roadway (A41) along Digbeth, beyond which are the city’s markets. Allison Street and the Digbeth Police Station lie to the east. It is bounded to the north by Well Lane beyond which is the former Umbrella Works (RTP Crisp building) (Grade II listed), which has been redeveloped as apartments. Further north lies the Bull Ring car park and the refurbished Moor Street Station. The other highly visible structure is the Rotunda (Grade II listed) which acts as a strong orientation marker within the area.

The Bullring, which has been extensively redeveloped to create one of Europe’s biggest retail developments, is connected to the rest of the city centre and its network of public spaces and pedestrianised streets, which has been continued through the Bullring and culminates in a new public square around St Martin’s Church.

Despite its proximity to the city centre, Digbeth is predominantly industrial in character and makes a marked contrast to the townscape character of the Bullring. The traditional scale of development in the area is set against the metropolitan scale of the city centre. There are limited physical and visual connections between the area and the adjacent city centre, especially to St Martin’s Church, the Bullring and Selfridges.

The Digbeth, Deritend and Bordesley High Street Conservation Area was designated in May 2000 in order to preserve the most significant remains of Birmingham’s medieval townscape and its setting within a distinctive inner city industrial quarter. The Digbeth, Deritend and Bordesley High Street

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Conservation Area encompasses an area which stretches along Digbeth, Deritend and Bordesley High Streets and extends north east to the conservation area.

The conservation area covers much of what can be still readily discerned of Birmingham’s medieval townscape in its street pattern and surviving town (burgage) plots. These plots, just above the present day Allison Street, opposite St Martin’s Church, would have been among the first plots to be laid out sometime in the late 12th century. Since the early history of the town is poorly documented the below ground archaeology of the area is particularly important.

The pre-industrial growth of the tiny agricultural settlement described in the Doomsday Book of 1086, into a substantial market town of traders and craftsmen laid the foundation for the industrial expansion of the 18th and 19th centuries. The industrial heritage of the area is evident in its gridiron street pattern, the product of 18th and 19th century growth, which still survives in much of the area. Many buildings within the area date from the mid-19th to 20th century which reflects its commercial vitality in that period. They include examples of the ‘shopping’ or workshop ranges and small manufactories so typical of the city – the former Allison Street Works, (1870, 1888) built for umbrella furniture manufacturers, is an impressive example of a late 19th century manufactory.

The High Street corridor suffered some coarsening of its urban grain in the early twentieth century when narrow building plots were amalgamated. Manufactories increased in scale and mass, a trend illustrated by the Cold Store on Digbeth. However the decline of local industry in the mid-1970s onwards and the severance from the central business district and the market area caused by the post war road system, resulted in changing uses and vacancy in the area. This economic decline in the late 20th century resulted in a large number of gap sites in the local area.

The remodelling of Queensway, the establishment of the Eastside initiative to regenerate the eastern side of the city centre and the Bull Ring development, have all contributed to raise the profile of this part of the city. Some regeneration within the Digbeth area has occurred recently such as the redevelopment of the and new developments being proposed include the mixed used scheme at Connaught Square fronting High Street Deritend, The area is being promoted for positive change as part of the expansion of the City Centre Core in the draft Birmingham Development Plan and the Big City Plan. It is proposed that this area of northern Digbeth will be developed as higher density mixed use development to match the scale and intensity of the existing city centre.

However, at present, the local area still has many vacant sites and obsolete buildings of little merit making the character of the street façade drab and dilapidated. As a main arterial route into the city centre, Digbeth presents an unwelcoming arrival to the city. There is little street activity and pedestrian movement is relatively light. Pavements are narrow with no connectivity into the surrounding areas. The area lacks any formal public open space and it is proposed in the Big City Plan

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that The High Street (including Digbeth, High Street Deritend and High Street Bordesley) will need major remodelling to reduce car dominance creating an improved pedestrian environment and space for activity along its length. The vision, in the Big City Plan, is that: ‘The High Street will become a primary walking route from which a network of local walking routes, will run north-south and east- west. Along these routes a series of pocket parks and larger open spaces will be created. Street furniture and distinctive lighting of places and buildings will provide visual interest, enhance safety and create a sense of place’. Currently the area is dominated by high levels of traffic circulation and this creates a barrier which limits interconnectivity with surrounding areas particularly to the city centre.

The character of the local area makes a stark contrast to the bustle and activity of the Bull Ring area. The Bullring, with its high quality design, well detailed materials and related street furniture and planting, contrast with the Digbeth area streetscape which comprises poor quality paving, limited street furniture, no planting and generally feels drab and unkempt.

7.4.3 Characteristics of Development Site

The overall development site of 0.77 Ha includes Phases One, Two and Three. Phase One works began in February 2013 and includes the refurbishment of the Grade II Listed Coldstore building, the construction of a new hotel on the corner of Allison Street & Digbeth and associated public open space.

The Phases Two and Three site, of 0.6275 Ha, is currently made up of a number of buildings, many of which are unused and a car park.

Numbers 136-140 Digbeth are 3-4 storey narrow town properties, a number of which are locally listed. On the corner of Digbeth and Park Street is the Royal George public house (now vacant). Facing Selfridges on Park Street is a former music hall which is now vacant. Behind these buildings is a vacant area of derelict land that is bounded by the Park Street multi-storey car park.

A public car park fronts onto the corner of Allison Street and Well Lane and on the opposite corner of Well Lane and Allison Street is the Grade II listed RTP Crisps building, which has been converted to residential use.

The site is fragmented with a mixture of historically important buildings, vacant properties, modern extensions, vacant land and car parking. The layout is awkward with the centre of the site underutilized.

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The site is a component part of an urban area which has undergoing extensive physical and economic change. The disused and dilapidated nature of much of the site and of the surrounding area, gives the site an unwelcoming appearance.

However, it is recognised that there are sensitive issues that need to be taken into account including its archaeological importance and its location within a designated conservation area. The fine urban grain associated with the medieval street pattern is still discernible today in the positioning of the existing buildings and the most important of these are the 12th century burgage plots between Park Street and Allison Street (136-144 Digbeth). As the site is the location of the original settlement of Birmingham it is a site of great archaeological interest.

The site’s frontage faces onto Digbeth and Park Street. There is also a series of distinguished buildings which are locally listed 136-7 Digbeth and 138-139 Digbeth, a double unit which has an attractive frontage but a large modern extension to its rear. The building line is characteristically set back from the pavement creating a defined street frontage. However, this sense of enclosure has been dissipated by mid-20th century road widening which resulted in the demolition and rebuilding of the street frontage on the southern side of Digbeth which stands in contrast with the historic street frontage on the development site.

7.4.4 The Proposed Development

The development proposals are described in detail in the planning drawings accompanying this application in the Design and Access Statement.

In summary the proposed Development is for a high density, high quality mixed use development, that is self sustaining but connected to the wider urban environment. It comprises the refurbishment of the 135-136 & 137 Digbeth and the façade of 138-139 Digbeth and construction of three new blocks including a 30 storey tower to provide shops (A1) and/or a restaurant and café (A3), office space (B1), and residential (C3) together with a plant basement under the footprint of the building and creation of new landscape areas.

The scheme envisages the retention and refurbishment of locally listed No’s 135-136 (Grade A) and 137 Digbeth (Grade B) and their conversion to A1/A3 use. The retention of the main Digbeth Street façade to the locally listed No’s 138-139 Digbeth (Grade B) – the BVSC building, which is incorporated into the design of Building 2. In addition, the two new buildings, building 2 and building 3, are proposed and arranged in such a way as to reinstate the boundaries of the original urban block bounded by Digbeth, Park Street, Well Lane and Allison Street. A publicly-accessible, hard-landscaped amenity space will be created in the centre of the development which will be known as Orwell Place.

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Building 2, at the corner of Digbeth and Park Street and directly opposite St Martin’s Church, the Bullring and the iconic Selfridges department store, comprises a 30 storey tower. Residential apartments will occupy the upper 18 floors, over 11 floors of B1 office use, above a ground level with office lobby, back of house, servicing and A1 retail and/or restaurant space. An under croft provides pedestrian access from the corner of Park Street and Digbeth through to the newly formed and publically accessible Orwell Place beyond. The Digbeth Frontage to the building incorporates the façade of the existing Grade B locally listed building at 138-139 Digbeth.

Building 3, fronting on to Well Lane is made up of three elements. The first element, adjacent to Building 2, comprises a 14 storey tower section with 69 residential apartments over a shop (A1 use) or restaurant (A3) at ground level. The second 10 storey element, with its entrance on Alison Street, consists of 10 floors of business use (B1) over a ground floor entrance lobby. The third element faces on to Well Lane and comprises a 4 unit residential/work element.

The design has developed from a sound appreciation of the special historic character of this part of Birmingham and the character of the emerging urban setting. The site contains some of the city’s last surviving remnants of the medieval property subdivision system, known as burgage plots, which are characterised by groups of long, thin plots with narrow frontages that faced onto a market place. The development proposals involve a number of buildings forms which follow the historic burgage plots to present a visual and physical depiction of the historical land-use sub-division.

A public route will cut through the site following the line of the medieval Hersum Ditch, intended to represent its former existence and providing a welcoming public passage. Public space in the site, including the main square, known as Orwell Place, and routes through it will be reconfigured to create the most efficient use of the site area. These routes will emphasize the visual and physical connections between the Digbeth area and the nearby pedestrian areas within Birmingham city centre. In particular, pedestrian links will be created in order to link the development across Park Street and Digbeth to the Bull Ring development.

7.4.5 Townscape Sensitivity

Landscape/townscape character areas differ in their range of townscape features and the patterns these create, and consequently in their ability to accommodate different types of development. Some areas may be particularly sensitive and others more resilient. Some townscapes may present opportunities for improvement that will help with the eventual integration of the development with the surrounding townscape.

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The proposed development site is considered to be sensitive to change due to its historic value and designation as a conservation area. The archaeological value of the medieval burgage lines and the line of the former Hersum ditch are important in defining the medieval development of Birmingham.

The location of the site, adjacent to the high quality townscape of the Bullring, which is a widely visited site important for tourism and shopping and the urban identity of Birmingham make it sensitive to change. The site’s relationship with St Martin’s Church and the iconic Selfridges building, add to its sensitivity.

However, the low quality streetscape and dilapidated townscape do not reflect the area’s significance as a major gateway into the city centre or its increasing importance as part of the expanding city centre core. Many of the buildings within the development site and in close proximity to it detract from the character of the area, and the diversity in the quality of these buildings give the area a capacity for change.

In conclusion, as an area of medium quality with some distinguishing features with capacity to change, the townscape is considered to be of moderate sensitivity.

7.4.6 Potential Visibility

BFLA undertook a field survey to assess views that offer a wide coverage of the site from near, long and distant viewing positions, including those listed in Appendix B of ‘High Places’ A Planning Policy Framework for Tall Buildings (2003).

Views of the site are generally limited around Birmingham city due to the topography, surrounding buildings and road layout. The widest ranging views of the site are from the south west, particularly from the Irish Quarter. When approaching from the north, the site is hidden by the natural topographic ridge running through the city centre and intervening city centre buildings. In the majority of cases views of the site will be restricted to the tall tower building proposed for the centre of the development. The remainder of the development will be hidden by the surrounding urban fabric.

7.5 Assessment of Project Impacts and Mitigation Measures

7.5.1 Impact during Construction

During the construction period the majority of existing buildings will be demolished and a number of new buildings will be constructed. This work will involve the use of tower cranes and other related

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plant necessary for the construction process. There is likely to be a considerable volume of heavy traffic delivering materials and removing excavated material.

The site will be closed off during the works with hoarding to reduce the visual impact of the works. However high level crane activity and other construction operations will be visible from many of the views considered below. In summary, the significance of effect is considered low to moderately adverse with the impact on the short distance views, such as those from the Bullring being the most significantly adversely affected.

Mitigation opportunities exist during the construction phase by the use of robust, attractive hoardings; by control of construction vehicle movements and the prevention of dust.

Residual impact after mitigation: Minor adverse

7.5.2 Impact on Townscape Character

As described above the existing townscape character of the development area is rich in historical and industrial heritage. However, the low quality streetscape and dilapidated townscape does not reflect the area’s significance as a major gateway into the city centre, or its increasing importance as part of the expanding city centre core and its close proximity to a central hub of the city.

As part of a Conservation Area designation, the site is considered capable of absorbing significant change which is appropriate to the historical context. The cultural and historic heritage of the site will be incorporated into the design through the retention of the existing listed buildings and their facades. The layout of the new buildings will follow the 12th century burgage plots on Digbeth and retain their separate identities as historic building plots.

Burgage lines and other historical features will also be highlighted in the landscape treatment. Historic features will be used as the basis to create a new public square and well-detailed public realm with high quality landscaping materials, many of which will echo the characteristic paving materials of the area. The character of the area will be strengthened and enhanced by the high standard of design employed in the development.

It is considered that there will be a positive improvement to the local townscape character and individual features within the site. The proposed development will be noticeable within the vicinity and very noticeable from the Bullring area due to the prominence of the 30 storey tower. It is considered that the development will have a moderate magnitude of townscape impact.

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As a result, the proposed development will result in effects which will appreciably restore and enhance existing townscape character, features and their setting and have a moderate beneficial impact on the townscape character of the area. 7.5.3 Visual Impact

Views were selected by BFLA, in consultation with Birmingham City Council planners, which offer a wide coverage of the site from near, long and distant viewing positions. The proposed Development will not be sufficiently tall to have an impact of the majority of the views listed in Appendix B of ‘High Places’ A Planning Policy Framework for Tall Buildings (2003), hence only views A, D and E, from this document, have been assessed. Mostly, the Development is visible in Local Views – special attention has been paid to the visual impact of the development along Digbeth High Street as this is a major arterial route into the city.

Each view is presented as it existed at the time of the photograph and provides the basis by which the proposals are then assessed. Separate photomontages, incorporating a computer-generated (CGI) of the design proposal by Broadway Malyan, are also provided in Appendix 7.1 at the rear of this section. The resulting photomontages were produced by Broadway Malyan.

Accompanying each view is an assessment of the relevant historical and planning policy context that may inform a judgement of the scale and massing of the proposals and their relationship to the setting of listed buildings and the local conservation area.

Based on the external character and perceived qualities of the proposals, the impact will be judged adverse , neutral, or beneficial to the existing townscape. Where adverse or beneficial, the degree of impact is judged to be neutral, low, moderate or high. The full list of views selected for assessment is tabled below and the details are presented in Appendix 7.

Table 7.5

Ref. Long Distance View

D1 View E in High Places SPG: From Park Circus over the A38 Aston Expressway

D2 View A in High Places SPG: From the bridge where Bordesley Green Road crosses the West Coast Rail Line beside Adderley Park Station

D3 View D in High Places SPG: From the hill in the centre of Kingston Hill Local Park, Keeley Street, Bordesley

D4 Irish Quarter: Junction of Street and Green Street

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Table 7.6

Ref. Local Views

L1 Digbeth: from the pedestrian crossing of Digbeth near the junction with Birchall Street

L2 Digbeth: corner of Moat Lane and Bradford Street

L3 Bullring: Nelson’s statue

L4 Park Street: pedestrian crossing opposite Selfridges

L5 Allison Street: opposite the RTP Crisp building

L6 Edgbaston Street

View location maps are shown on Figure 7.7a and 7.7b.

7.6 SUMMARY AND CONCLUSIONS

The development, comprising a number of buildings ranging up to 30 storeys, is intended to provide a high quality extension to the existing Bullring area whilst retaining the historic essence of the site and integrating with its local surroundings.

The proposed development site is located within a townscape area which is designated as a conservation area, with a distinctive historic and industrial character, which is sensitive to change. However the impact of this high density mixed-use development has to be considered within the context of the drive for redevelopment of this area as an extension to the city centre core. Overall the development will have a moderate beneficial impact on the townscape character of the area.

Views of the development from long distance views are often blocked by intervening buildings or have a noticeable but insignificant impact on the view as the development merges into the existing urban skyline. The significance of visual impact is low beneficial.

The visual impact of the development is most noticeable from local views along Digbeth and from the Bullring and the outdoor market. Although the visual impact is in these cases is often considerable, the development preserves characteristic views within, from and into the local area and does not block key views or important sightlines within the area. It is considered that the overall significance of

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impact is moderate beneficial as the proposed development would result in a conspicuous improvement to the existing views and positively influence the local townscape.

Based upon the appraisal of the townscape and visual impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW ADVERSE significance and short- term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of MODERATE BENEFICIAL significance and long-term permanent in nature.

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LONG DISTANCE VIEWS LOCAL VIEWS Figure 7.7a: View Location Map Figure 7.7b: View Location Map

D1

L4

L3 L5

D2 See insetL6 map

site L2 D3

D4 L1 3

L5

L6

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D1: Park Circus over the A38(M) Aston Expressway Existing View

This view is defined in SPG High Places: A Planning Policy Framework for Tall Buildings (March 2003) as a key view of the city centre. It is listed as View E in the SPG. The tall buildings on the central ridge zone which dominate this panoramic view help to create a memorable skyline.

The viewpoint is 2.8km from the development site.

The sensitivity of receptors at View D1 has been assessed as moderate.

Proposed View

Magnitude of Visual Effects: Low beneficial effect

Conclusion: The proposed Development will barely be distinguished among the mass of similar height buildings on View as existing the skyline. Therefore the proposed development will have a low beneficial effect on the moderate sensitivity of visual receptors at View D1.

View as proposed

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D2: Bordesley Green Road crosses the West Coast Rail Line beside Adderley Park Station Existing View

This view is defined in SPG High Places: A Planning Policy Framework for Tall Buildings (March 2003) as a key view of the city centre. It is listed as View A in the SPG. A wide expanse of central Birmingham is visible from the viewpoint which is dominated by the tall buildings on the central ridge zone.

The viewpoint is 2.51 km from the development site.

The sensitivity of receptors at View D2 has been assessed as moderate.

Proposed View

Magnitude of Visual Effects: Low beneficial effect

Conclusion: View as existing The proposed Development will barely be distinguished among the mass of similar height buildings on the skyline. Therefore the proposed development will have a low beneficial effect on the low sensitivity of visual receptors at View D2.

View as proposed

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D3: Kingston Hill Local Park Existing View

This view is defined in SPG High Places: A Planning Policy Framework for Tall Buildings (March 2003) as a key view of the city centre. It is listed as View D in the SPG.

This is a panoramic view of the central ridge zone from Kingston Hill Local Park with the Rotunda and Selfridges clearly visible. This view is considered of high visual sensitivity as it is a well visited view in a public open space, with its orientation focussed in the direction of the city centre. The development site is the central focus of this view.

The viewpoint is 1.34 km from the development site.

The sensitivity of receptors at View D3 has been assessed as high.

Proposed View

View as existing Magnitude of Visual Effects: low beneficial effect

Conclusion: The proposed Development relates in height and extent to the range of building heights on the skyline and is not readily noticeable. The distance of the proposed Development from the viewing point, means that the new buildings merge into the existing urban background. Therefore the proposed development will have a low beneficial effect on the high sensitivity of visual receptors at View D3.

View as proposed

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D4: Irish Quarter - Junction of Alcester St and Green St Existing View

This is a view of the central ridge zone from the Irish Quarter with the Rotunda dominating the skyline. The spire of St Martin’s clearly punctuates the skyline despite its lower position and the organic shape of the Selfridges building dominating the mid-rise tier of buildings. This is a quiet back street with low volumes of local pedestrian and vehicular traffic.

The viewpoint is 0.727 km from the development site.

The sensitivity of receptors at View D4 has been assessed as low.

Proposed View The proposed Development would form a central part of this view of Birmingham city core, becoming the centrepiece of this cluster of tall buildings on the skyline. It will rise between the Rotunda and the BT View as existing tower filling the sky gap between these two buildings and obscuring part of the iconic Selfridges Building. The proposed development is clearly identifiable within the view.

Magnitude of Visual Effects: Low beneficial effect

Conclusion: Therefore the proposed development will have a low beneficial effect on the moderate sensitivity of visual receptors at View D4.

View as proposed

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L1: Digbeth - Junction with Birchall Street Existing View

Digbeth and High Street Deritend provide one of the major arterial routes into Birmingham City Centre carrying both vehicular and pedestrian traffic into central Birmingham. The gentle curve of this ancient route as it sweeps up toward St Martin’s Church past the Police Station is a distinctive element of the approach. The topography allows fine westerly views up Digbeth towards city centre landmark buildings on the Birmingham Ridge. The Rotunda on New Street, rising above the new hotel in Phase 1, and St. Martin’s Church form a key visual link to the City Centre from the high street. As this is a busy transport corridor with little pedestrian traffic, views are mainly from fast moving vehicles.

The viewpoint is 0.527 km from the development site.

The sensitivity of receptors at View L1 has been assessed as low.

Proposed View View as existing The Development would form a prominent element of the view from this point on Digbeth, marking a visual gateway into the city centre. The new buildings would obscure the Selfridges Building and the Rotunda although not obstructing views of St Martin’s Church. The Development would create a new visual link between this key approach to the city and the city centre.

The tower within the development would rise above the height of the spire of St Martin’s Church and the Rotunda and dominate the skyline.

Magnitude of Visual Effects: Moderate beneficial effect

Conclusion: Therefore the proposed development will have a moderate beneficial effect on the low sensitivity of visual receptors at View L1.

View as proposed

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L2: Digbeth - Junction of Moat Lane and Bradford Street Existing View The Rotunda on New Street becomes a focal point along this axial view along Digbeth, rising from behind the transept of St Martin’s Church. The view up the high street is framed on the north by the Police Station, the new hotel in Phase 1 and on the south by an unremarkable office block. The Cold Store, Digbeth Police Station and hotel are important landmark buildings along this section of Digbeth, with the tower of the police station on the corner with Allison Street acting as an important local focal point. As this is a busy transport corridor with little pedestrian traffic, views are mostly from fast moving vehicles.

The viewpoint is 0.186 km from the development site.

The sensitivity of receptors at View L1 has been assessed as low.

Proposed View The proposals would largely merge with the overall built form of the city centre, leaving the axial view to View as existing the Rotunda and St Martin’s untouched. The proposed development becomes an important and immediately obvious new feature within the urban scene and changes the townscape character.

Magnitude of Visual Effects: Moderate beneficial effect

Conclusion: Therefore the proposed development will have a moderate beneficial effect on the low sensitivity of visual receptors at View L2.

.

View as proposed

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L3: Bullring - Nelson’s Statue Existing View This viewpoint is on a main pedestrian thoroughfare within the Bullring development. It is a widely visited site important for tourism and the urban identity of Birmingham and within the setting of St Martin’s Church and Nelson’s column both of which are listed Grade II*. It is also within the setting of the city’s most iconic landmark, the Selfridges building.

The viewpoint is 0.137 km from the development site.

The sensitivity of receptors at View L1 has been assessed as high.

Proposed View The Development would form a prominent element of the view from this viewpoint at Nelson’s Statue. The buildings of the new development will have a cohesive effect on the view, creating a link between the buildings in the Bullring and the organic shape of the Selfridges building and mirroring the spire of St Martin’s Church. The new buildings will create a vibrant urban backdrop to the open spaces of the Bullring.

The proposed development will become an important new feature within this urban scene and has an View as existing immediate effect on the townscape character.

Magnitude of Visual Effects: Moderate beneficial effect

Conclusion: Therefore the proposed development will have a moderate beneficial effect on the high sensitivity of visual receptors at View L3.

View as proposed

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L4: Park Street - pedestrian crossing outside Selfridges Existing View This is a partial view of the site down Park Street towards the junction with Digbeth. The redevelopment on Park Street associated with the Bullring shopping centre has introduced contemporary buildings which step up in scale to six storeys. A high level suspended bridge connects the car parking on the east side of the street with the Selfridge’s department store opposite. There is little pedestrian traffic and most receptors will only glimpse the view as they pass the corner of the Selfridges building in fast moving vehicles.

The viewpoint is 0.097 km from the development site.

The sensitivity of receptors at View L1 has been assessed as low.

Proposed View The development will rise above the multi-storey car park filling the existing gap in the line of buildings along Park Street. The Development will act as a dramatic counterpoint to the rounded profile of the Selfridges Building contrasting with its distinctive rounded profile.

View as existing Magnitude of Visual Effects: Moderate beneficial effect

Conclusion: Therefore the proposed development will have a moderate beneficial effect on the low sensitivity of visual receptors at View L4.

View as proposed

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L5: Allison Street - opposite the RTP Crisp building Existing View This narrow view close to the proposed Development site is dominated by the new hotel in Phase 1 and the renovated residential building, the RTP Crisp building. This is a quiet back street with low volumes of local pedestrian and vehicular traffic.

The viewpoint is 0.141 km from the development site.

The sensitivity of receptors at View L1 has been assessed as low.

Proposed View The lower buildings associated with the southern end of the Phase 2 & 3 Development will be visible within this view. The RTP Crisp building will screen the view of most of the higher towers of the development. The development which faces onto Allison Street is designed to link into the vernacular of the RTP Crisp building, creating a more cohesive streetscape.

Magnitude of Visual Effects: Moderate beneficial effect

View as existing

Conclusion: The development is not a prominent feature within the view but blends into the surrounding urban fabric. Therefore the proposed development will have a moderate beneficial effect on the low sensitivity of visual receptors at View L5.

View as proposed

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L6: Edgbaston Street Existing View The view is taken from the wide pedestrianised street which runs alongside the outdoor market. This tree lined street is a well visited open space with a high volume of pedestrians passing along it. There is a direct connection into the Bullring and the city centre. The view of the development site is more distant. The spire of St Martin’s Church interrupts the sky line.

The viewpoint is 0.205 km from the development site.

The sensitivity of receptors at View L6 has been assessed as moderate.

Proposed View The tower of the proposed development is clearly visible and becomes a focal point of the view along Edgbaston Street and will be readily detected by the majority of viewers. The view to St Martin’s Church is not interrupted.

Magnitude of Visual Effects: low beneficial effect Existing view

Conclusion: Therefore the proposed development will have a low beneficial effect on the moderate sensitivity of visual receptors at View L6.

Proposed view

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8 Archaeology and Cultural Heritage

8.1 Introduction

The purpose of this chapter is twofold: firstly, to weigh the likely occurrence, level of survival and significance of the buried archaeological resource so that any impact on that resource may be appropriately assessed and where necessary mitigated, and secondly, to assess the impact of the proposals upon the special architectural or historical interest of designated and non-designated heritage assets which will potentially be affected by the development.

The site lies partly within the 12th century medieval core of Birmingham and has been the subject of previous assessments through research and trenching as well as adjacent excavations. These have demonstrated that archaeological deposits of medieval date survive within the area of the proposed development. Furthermore there are buildings (or facades of buildings) of special architectural significance attached to the development site which must be protected or enhanced.

This chapter sets out the baseline conditions in these regards and how these conditions may be changed by the proposed development.

This ES chapter is supported by a series of figures presented in Appendix 8.

8.2 Legislation and Policy Context

8.2.1 National Policy

National Planning Policy in England is set out in the National Planning Policy Framework (NPPF) published in March 2012. Guidance to help practitioners implement this policy, including the legislative requirements that underpin it, is provided in National Planning Practice Guidance Suite (March 2014) and Planning for the Historic Environment: Historic Environment Practice Guide (English Heritage 2010), produced to support the previous Planning Policy Statement 5. Planning policy refers to ‘heritage assets’ and the policies relating to designated heritage assets are intended to apply equally to all types of designation. The policies in the NPPF are a material consideration that must be taken into account in development management decisions and in development of Local Plans, where relevant. Therefore, the development management policies in the NPPF can be applied directly by the decision-maker when determining whether development should proceed.

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The NPPF supports a presumption in favour of sustainable development, and sets out the definitions of sustainability including protecting and enhancing the historic environment. P131 of the NPPF states that

“In determining planning applications, local planning authorities should take account of:

 The desirability of sustaining or enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation

 The positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and

 The desirability of new development making a positive contribution to local character and distinctiveness”

P132 states that “great weight” should be given to the conservation of the significance of designated heritage assets and that harm to this significance (either through alteration or destruction of the asset or through development within its setting) requires “clear and convincing justification”. The harm or loss needs to be outweighed by the public benefits of the proposed development and “substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and world heritage sites, should be wholly exceptional”.

English Heritage has issued detailed guidance on the “Setting of Heritage Assets” (2011). This guidance is based on the policies set out in PPS5 and on principles and guidance already issued by English Heritage in the “Historic Environment Planning Practice Guide” (2010) and “Conservation Principles: Policies and Guidance for the Sustainable Management of the Historic Environment” (2008).

Circular 01/01: Arrangements for handling heritage applications - notification and directions by the Secretary of State provides valuable guidance on the requirements of applications involving architecturally or historically sensitive structures and the Secretary of State’s powers of direction are still in operation and will be used by BCC in assessing submissions.

8.2.2 Regional Policy

Regional planning policies were abolished in March 2013.

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8.2.3 Local Policy

City wide policies (Archaeology Strategy 2004)

POLICY 1 – Archaeological research frameworks and agendas:

The City Council’s response to development proposals affecting archaeological remains will have regard to national and regional archaeological research frameworks and agendas.

POLICY 2 – Involvement of Planning Archaeologist:

The City Council will ensure that the Planning Archaeologist is involved in pre- or post- application discussions on proposals where there are archaeological implications.

POLICY 3 – Advice on archaeological requirements:

The City Council will prepare briefs for archaeological work required as part of the planning process, will advise on the fitness for purpose of proposals for archaeological work, and will monitor archaeological work.

POLICY 4 – List of contractors and consultants:

The City Council will maintain a list of archaeological contractors and consultants known to be able to undertake archaeological work in accordance with briefs prepared by the Council

POLICY 5 – Sites and Monuments Record:

The City Council will maintain a Sites and Monuments Record in accordance with recognised best practice and keep the record updated and will make summary information from this accessible on the Internet, and will develop a Historic Environment Record.

POLICY 6 – Planning documents:

As part of its guidance to potential developers the City Council will ensure that known and potential archaeological implications are properly included and clearly stated in any city-wide or site-specific supplementary planning guidance and other planning policy it prepares, such as local action plans, development briefs and local development documents.

POLICY 7 – Professional standards:

The City Council will expect all archaeological work in the City to be undertaken in accordance with the Code of Conduct, Standards and Guidance of the Institute of Field Archaeologists to ensure that it is consistent with best professional practice.

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POLICY 8 – Assessment and evaluation:

Where existing information suggests that a proposed development is likely to affect archaeological remains, above or below ground, the City Council will require a Planning Application, application for Listed Building Consent or application for Conservation Area Consent to be accompanied by an archaeological assessment, normally including an archaeological evaluation, depending on the extent of proposed development and the archaeological sensitivity of the location. Such information should also include details of appropriate mitigation measures. The application will be refused if this information is not submitted.

POLICY 9 – Archaeology and Environmental Impact Assessment:

Where scoping has identified that archaeological remains are likely to be affected by a proposed development, an Environmental Impact Assessment which does not contain an adequate assessment of the archaeological impact of the proposed development and proposed mitigation measures will not be acceptable.

POLICY 10 – Archaeological remains of national importance:

The City Council will seek advice from English Heritage where it considers that archaeological remains affected by development proposals are of national importance and will consult English Heritage on specialist areas such as archaeological science and unusual site types.

POLICY 11 – In-situ preservation of archaeological remains:

The City Council will encourage innovative design to ensure in-situ preservation of archaeological remains as part of new development.

POLICY 12 – Preservation in situ and preservation by record:

Where the City Council considers that preservation in situ of archaeological remains which are not of national importance is appropriate and feasible, it will require design which ensures this. Where it considers that preservation of archaeological remains by record is acceptable because preservation in situ is not feasible or necessary, or there is an opportunity for enhancing knowledge of particular areas or periods, the City Council will require archaeological mitigation measures which maximise the return of archaeological information. Innovative approaches to achieve this will be encouraged.

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POLICY 13 – Post excavation analysis and publication:

Where the City Council considers that preservation by record of archaeological remains is acceptable and it imposes conditions requiring archaeological excavation in advance of commencement of development, the scheme of investigation must include provision for excavation, post-excavation assessment, analysis, preparation of a publishable report and publication in a recognised journal or series. Conditions will not be discharged until the on- site archaeological work has been completed to the satisfaction of the City Council and there is proof that the applicant has satisfactorily secured the implementation of post-excavation assessment, analysis, preparation of a publishable report and publication in a recognised journal or series, deposition of the archive, including finds, arising from the work, and deposition of an electronic archive with the Archaeological Data Service.

POLICY 14 – Archaeological remains in the City Centre:

The City Council will require planning applications for development involving significant ground disturbance or alteration to historic buildings in Digbeth, Deritend and adjoining parts of the City Centre to be accompanied by an archaeological assessment. This will depend on the extent of proposed development and the archaeological sensitivity of the location as indicated by existing information. The assessment will normally include an archaeological evaluation. If the assessment shows that archaeological remains are likely to be affected by the proposed development, the City Council will require archaeological excavation and/or building recording in advance of commencement of development if preservation of archaeological remains in situ is not feasible.

POLICY 17 – Unexpected discoveries:

In the case of unexpected archaeological discoveries during development, or discoveries of unexpected complexity or importance during archaeological works required as part of development proposals, the City Council will encourage developers to enter into discussions to consider ways in which these remains can be preserved or recorded.

POLICY 18 – Public information:

In sites which are publicly prominent, in addition to archaeological works required as conditions of planning permission, the City Council may also attach conditions requiring public interpretation of archaeological results through information panels or other means or will enter into planning agreements for public display and interpretation of archaeological remains through interpretation panels or literature wherever feasible.

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The Birmingham Unitary Development Plan deposit draft alterations, published in May 2001: Chapter 8 - ADDITIONAL CITY-WIDE POLICIES Development affecting archaeological remains 8.36

This document was adopted and is the current Development Plan. The Birmingham Development Plan has recently been under Examination in Public Inquiry although at the time of production it is the UDP and other retained policies that are viewed as being current.

Development proposals affecting archaeological remains will be considered in the light of the following policies:

 An assessment of the archaeological aspects of development proposals will be required from applicants before the planning application is determined. Planning permission will not be granted where the assessment of the archaeological implications is inadequate.

 Development proposals which will have an adverse effect on scheduled ancient monuments and other nationally important remains and their settings will not be allowed.

 Development adversely affecting other known archaeological remains will be resisted although permission may be granted if the applicant has demonstrated that particular archaeological remains will be satisfactorily preserved either in situ or, where this is not feasible, by record.

 Where appropriate, Section 106 agreements will be negotiated to protect, enhance and interpret archaeological remains.

Digbeth, Deritend and Bordesley High Streets Conservation Area: Supplementary Planning Policies (March 2009)

1.2 Conservation Area Consent

There will be a presumption in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. This will include buildings of contextual or group value.

1.3 Recording

Where consent is granted for significant demolition the Council will expect an accurate archive record to be made prior to the commencement of any works. This will include photographs and/or where appropriate, measured survey drawings and will be provided at the expense of the applicant.

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1.9 Burgage Plots

The surviving twelfth century burgage plots on Digbeth (136-144 Digbeth) should retain their separate identities as historic building plots.

2.4 Development in the Conservation Area Setting

New development in the setting of the conservation area should respect and preserve characteristic views within, from and into the area

3.5 Developers’ Contributions

Where appropriate developers will be expected to contribute to the improvement of the public realm.

8.3 Assessment Methodology and Significance Criteria

Data collection

The work undertaken to underpin the assessment contained within this chapter has combined a thorough review of all previous research and investigations relating to the site (associated with the Phase 1 application – now consented) alongside the results of other archaeological observations that have been made within a 500m radius of the centre of the site (the study area). Data to assist with this was obtained through commissioning a search of the Birmingham Historic Environment Record (HER) and obtaining copies of reports held on the Online Access to the Index of Archaeological Investigations (OASIS) grey literature library, as well as consulting published sources for work within the study area. This was complimented by a site walkover survey with the aim of assessing the likely extents of cellars in the site and obtaining access to as many of these as practical.

Assessment of archaeological potential

An assessment of the potential for assets within the site is based on an appraisal of known assets obtained through the data collecting exercise. Potential is here defined as the likelihood of heritage assets surviving within the site, and the likely significance of any such assets. The distribution and type of known sites in the vicinity, considered in relation to environmental factors such as geology, topography and soil quality, is most relevant to this assessment. Regard is also paid to the distribution of fieldwork and the likely accuracy and relevance of its results. Site development factors affecting survival of archaeological remains, such as cellars and wall footings, are also taken into account. Archaeological potential is then assigned to one of the five categories outlined in the Table 8.1.

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Table 8.1: Archaeological potential

Potential Definition

High Heritage assets survive across a substantial area resulting in good levels of interpretation, and these are of high or medium importance.

Moderate Remains of high or medium importance survive and are minimally truncated by later footings enabling good interpretation of the heritage asset within the site.

Low Archaeology survives in islands between wall footings but these are very dense and reduce the evidential value i.e. interpretation of the heritage asset

Negligible A combination of cellars and/or wall footings has removed all but a very small proportion of archaeological features making interpretation very limited.

Nil Development has resulted in total loss through the excavation of cellars.

Assessment of cultural significance

An assessment of cultural significance is given for all known heritage assets that are potentially affected by the development. The cultural significance of an asset reflects the level of protection assigned to it by statutory designation or, in the case of undesignated assets, the professional judgement of the assessor. ‘Cultural significance’ is a concept defined in the PPS Practice Guide (English Heritage 2010, paragraph 12), where it is ‘used as a catch-all term to sum-up the qualities that make an otherwise ordinary place a heritage asset. The significance of a heritage asset is the sum of its architectural, historic, artistic or archaeological interest.’ Cultural Heritage significance should not be confused with the unrelated usage of ‘significance’ in referring to impacts in EIA.

Nationally and internationally designated assets are assigned to the highest level of sensitivity. Grade II Listed Buildings and Grade II Registered Parks & Gardens are considered of medium sensitivity, reflecting their lesser importance attached to them by the NPPF (paragraph 132); non-designated assets of more than local importance are also assigned to this level. Other non-designated assets which are considered of local importance only are assigned to a low level of sensitivity.

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Table 8.2: Criteria for Assessing the Importance of Heritage Assets

Importance of the Criteria asset

Very high World Heritage Sites and other assets of equal international importance

High Grade I and II* Registered Parks and Gardens, Scheduled Monuments, Protected Wreck Sites, Registered Battlefields, Grade I and II* Listed Buildings, and undesignated heritage assets of equal importance

Medium Conservation Areas, Grade II Registered Parks and Gardens, Grade II Listed Buildings, heritage assets on local lists and undesignated assets of equal importance

Low Undesignated heritage assets of lesser importance

The starting point for the assessment of impacts on heritage assets is an analysis of what constitutes the significance of an asset. Significance, as defined in NPPF, is the sum of the values we attach to an asset because of its heritage interest.

NPPF recognizes four types of heritage interest: archaeological, architectural, artistic and historic (NPPF: Annex 2). Archaeological interest is defined in NPPF as follows:

“There will be archaeological interest in a heritage asset if it holds, or potentially may hold, evidence of past human activity worthy of expert investigation at some point. Heritage assets with archaeological interest are the primary source of evidence about the substance and evolution of places and of the people and cultures that made them.”

Neither architectural, artistic nor historic interest is defined in NPPF and this assessment has adopted the definitions used in its predecessor (PPS5):

“Architectural and artistic interest … are interests in the design and general aesthetics of a place. They can arise from conscious design or fortuitously from the way the heritage asset has evolved. More specifically, architectural interest is an interest in the art or science of the design, construction, craftsmanship and decoration of buildings and structures of all types. Artistic interest is an interest in other human creative skill, like sculpture.

Historic interest [is] an interest in past lives and events (including pre-historic). Heritage assets can illustrate or be associated with them. Heritage assets with historic interest not only provide a material record of our nation’s history, but can also provide an emotional meaning for communities derived from their collective experience of a place and can symbolise wider values such as faith and cultural identity.”

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The characteristics of the asset’s fabric and setting are identified and weighted according to how much they contribute to the archaeological, architectural, artistic and historic interest that together account for the significance of the asset. Characteristics which cannot be compromised without considerable loss of heritage significance are referred to as ‘key characteristics’.

The significance of a heritage asset derives both from its physical fabric and from its setting. Setting is defined in Annex 2 of the NPPF as:

“the surroundings in which an asset is experienced. All heritage assets have a setting, irrespective of the form in which they survive and whether they are designated or not. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance, or may be neutral.”

The extent to which setting contributes to the overall significance of heritage assets varies widely. Setting may not be among the key characteristics that contribute to an asset’s significance, and even where it is, only certain attributes of that setting will be relevant. In assessing the contribution of setting to an asset’s significance, a checklist provided in English Heritage’s guidance on Setting (English Heritage 2011, 19) is referred to. An asset’s physical surroundings, the experience of the asset, and its associations and patterns of use may all contribute to its significance. Characteristics of setting that contribute to an asset’s significance may be localised and limited to its immediate surroundings, or may also include more distant visual relationships, especially where an asset is located at a prominent viewpoint or intended to form a conspicuous landmark.

Setting describes the experience of the asset as a place in the present-day landscape, rather than a past landscape imagined from archaeological and historical evidence. However, setting contributes to heritage significance through the links and continuities between past and present landscape. Historical authenticity is therefore an important criterion. Characteristics of setting that would have been meaningful in the past, and are still available to the visitor, are more relevant than characteristics which are valued principally in terms of a modern landscape aesthetic.

The relevance of setting to the significance of a heritage asset does not depend on it being visited, accessible to the public, or recognisable by the average visitor (English Heritage 2011, 8). It is also accepted that all assets have a setting, at least in theory (English Heritage 2011, 5). Nevertheless, the concept of setting presupposes the experience of an asset as a place within the present-day landscape. Setting is therefore likely to contribute more to the significance of an asset that provides a rich and informative experience for potential visitors, and is considered particularly relevant in the case of well-preserved assets that are prominent features in the landscape. At the other end of the scale, setting is unlikely to contribute much

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to the significance of assets with no surviving above-ground remains (the principal exceptions to this being places where there the natural topography holds considerable historic interest, such as battlefields). The integrity and preservation of the setting is also a factor: where a heritage asset survives as part of a well-preserved historic landscape that includes many related features, setting is accorded greater weight than in cases where more recent land use has disrupted the coherence of the asset's setting, making the location of the asset more difficult to appreciate. Settings that have experienced change may nevertheless continue to contribute to the value of a heritage asset and therefore remain sensitive to further change.

Assessment of the magnitude of effects on heritage significance

The magnitude of effect is a measure of the degree to which the significance of a heritage asset will be increased or diminished by impacts resulting from the development. Magnitude is assessed as high/medium/low, and adverse/beneficial, or negligible, using the criteria in Table 8.3 as a guide. High magnitude adverse effects correspond to ‘substantial harm’ in terms of NPPF paras 132-134, while medium and low magnitude adverse effects correspond to ‘less than substantial harm’.

In cases where the only potential impact is on the setting of a heritage asset, only that part of the significance derived from setting can be affected. The contribution that setting makes to significance must be identified and the assessment of magnitude weighted proportionately. English Heritage’s guidance on The Setting of Heritage Assets includes a list of factors that should be considered when assessing impacts on the setting of heritage assets (English Heritage 2011, 21).

Table 8.3: Criteria for Assessing the Magnitude of Effects on Heritage Assets

Magnitude of effect Guideline Criteria

High beneficial The asset is preserved in situ, where in the absence of the development its heritage significance would be lost of severely compromised; or The heritage significance of the asset is substantially enhanced by changes to its setting which restore key characteristics which were previously lost or obscured.

Medium beneficial The asset is preserved in situ, where in the absence of the development an appreciable loss of heritage significance would be likely to occur; or Key characteristics of the asset are preserved by record, where in the absence of the development they would be lost or severely compromised; or The heritage significance of the asset is appreciably enhanced by changes which make key characteristics of the asset’s setting easier to appreciate.

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Magnitude of effect Guideline Criteria

Low beneficial The asset is preserved in situ against ongoing gradual deterioration; or The asset is recorded and studied, enhancing understanding and appreciation of its heritage significance; or The development leads to a slight improvement in the asset’s setting, but in ways that do not substantially affect its key characteristics, slightly enhancing the asset’s heritage significance.

Negligible The asset’s fabric and/or setting is changed, but in ways which do not substantially affect any of the characteristics from which its heritage significance derives, and with no appreciable reduction or enhancement in the asset’s heritage significance.

Low adverse Parts of the asset’s fabric and/or setting are lost or changed, but without substantially affecting key characteristics, and with only a very slight loss of heritage significance.

Medium adverse One or more key characteristics of the asset’s fabric and/or setting is affected, but to a limited extent, resulting in an appreciable but partial loss of the asset’s heritage significance.

High adverse Key characteristics of the asset’s fabric and/or setting are lost or fundamentally altered, such that the asset’s heritage significance is lost or severely compromised.

Assessment of the significance of effects

The significance of an effect (EIA ‘significance’) on the significance of a heritage asset (Heritage ‘significance’), resulting from a direct or indirect physical impact, or an impact on its setting, is assessed by combining the magnitude of the effect and the importance of the heritage asset. The matrix in Table 8.4 provides a guide to decision-making but is not a substitute for professional judgement and interpretation, particularly where the importance or effect magnitude levels are not clear or are borderline between categories.

Table 8.4: Criteria for Assessing the Significance of Effects on Heritage Assets

Asset importance Magnitude of effect

High Medium Low Negligible

Very high Major Major Major or Negligible moderate

High Major Major or Moderate or Negligible moderate minor

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Medium Major or Moderate or Minor Negligible moderate minor

Low Moderate or Minor Negligible Negligible minor

Effects on unknown heritage assets

Construction impacts on unknown heritage assets cannot be assessed in terms of magnitude and significance. However it is possible to assess the risk of a significant effect occurring, based on the level of archaeological potential combined with the scale of the development. Scale refers primarily to the extent of disturbance, with a motorway or major housing development being examples of a large-scale development, while a single house-plot would be an example of a small-scale development. Table 8.5 is used as a guide to estimating the risk of a significant effect occurring.

Table 8.5: Criteria for Assessing the Risk of Significant Effects on Unknown Heritage Assets

Level of disturbance Archaeological potential

High Medium Low Negligible

Large-scale High High Medium Low

Medium-scale High Medium Low Negligible

Small-scale Medium Low Negligible Negligible

Negligible Low Negligible Negligible Negligible

8.4 Baseline Conditions

Overview

The collection and collation of information relating specifically to the site dates back to 2005 when an “Historic Environment Study” was produced for Birmingham City Council1. This was updated in 2007 on behalf of Salhia Investments in the form of “An Archaeological Desk-based Assessment”2. Subsequently an archaeological evaluation was undertaken involving the

1 Hislop, M. (2005) Site Bounded by Digbeth, Allison Street, Well Lane and Park Street, Birmingham City Centre: An Historic Environment Study 2005: Birmingham Archaeology PN 1274 2 Ramsey, E. (2007) Digbeth Cold Store, Birmingham: An Archaeological Desk-Based assessment 2007: Birmingham Archaeology PN1703

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excavation of five trenches, four of which lie within the proposed development3 (see Appendix 8.1). All the above reports were undertaken in accordance with briefs produced by the Birmingham City Archaeologist and followed proposals approved by the same.

One of the key features of the area is the former presence of Burgage plots. These were long thin strips of tenanted land, typically with a stall or dwelling at the front from where the tenant would provide good or services, often derived from the Burgage plot.

An excavation was undertaken immediately to the southeast and adjoining the proposed development site as part of the Phase 1 works for the site. The results from this work included the large town boundary ditch containing environmentally rich deposits and 12th – 14th century pottery. To the east of this a building with a combination of walls constructed either as all brick or as a stone footing with brick superstructure was uncovered measuring 4.7 x 5.3 metre in plan. The excavators believe that the later phase of this dated to the 17th century with the stone footings possibly forming sills for an original timber superstructure. In either case the building would have stood without the town boundary ditch. Nearer to the town ditch a line of lime filled pits was discovered alongside other features of postulated 17th century date, within this eastern part of the site an historic garden soil was recorded as surviving.

During the Phase 1 construction phase an archaeological watching brief was undertaken of the area that had not been excavated due to the presence of the roadway for Orwell Passage at the time. The ground disturbance was very shallow and only revealed mainly 19th century or later drains and walls. At the west end of the area of observation ground reduction was sufficient to expose the upper ditch deposits where they came into contact with rubble make up for the road. No other significant features were exposed.

With the exception of a general synthesis relating to the history and development of Medieval Birmingham, very little detail relating to the study area has been provided previously. Whilst coincidentally the entire Medieval core of the 12th century (AD1166) settlement lies within the study area there is little evidence to suggest occupation prior to this and nothing within the site itself (despite the name “Birmingham” having possible Saxon origins by referring to Beorma’s people). Exceptions to this are a couple of Roman coins [3266 and 2992] and a prehistoric flint [2996]). A small number of flint artefacts and sherds of Roman pottery were found during work on the sites for the new Bullring development. These again imply very low levels of activity of these periods in the area.

3 Duncan, M. (2008) Digbeth Cold Store, Birmingham: An archaeological evaluation 2007: Birmingham Archaeology PN1703.01

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A search of the HER undertaken as part of this assessment established the archaeological investigations that contribute to our understanding of the buried archaeological resource in this part of Birmingham (Table 8.6, Figure 8.1) as well as the nature and date of the archaeology uncovered (Table 8.7, Figure 8.2).

Table 8.6: Archaeological events identified within the study area from Birmingham HER (Figure 8.1)

Event Site Type Reference

EBM009 Hartwell Smithfield Eval Litherland, S, and Moscrop, D. 1996. Hartwell Garage (Smithfield) Garage site, Digbeth, Birmingham: An archaeological evaluation. Litherland, S. 1996. Digbeth: Hartwell(Smithfield) Garage.

EBM020 Park street/ Bordesley Eval Tavener, N. 2000. Land on the southern corner of Street Park Street and Bor.

EBM128 Birmingham Moat WB Watts, L, 1978-79, Birmingham Moat: its history, topography and destruction (Trans Birmingham and Archaeological Society 89)

EBM160 Hartwell Smithfield WB Litherland, S. 1997. An Archaeological watching brief Garge 1997 at Hartwell (Smithfield) Garage site, Digbeth, Birmingham 1997.

EBM161 The Row WB Patrick, C. 2000. The Row, Birmingham City Centre, West Midlands. An archaeological watching brief 2000.

EBM169 Wrottesley Street WB Jones, C. 2000. Archaeological observation at Wrottesley Street.

EBM170 Hartwell Smithfield WB Miller, D and Jones, L. 2000. Watching Brief at Garage Hartwell Smithfield Garage,

EBM205 Hartwell Smithfield Eval Bob Burrows et al. 2000. Further Archaeological investigations at Hartwell Smithfield Garage Site, Digbeth, Birmingham, 2000.

EBM240 Floodgate Street Eval Williams, J. 2001. Floodgate Street, Digbeth, Birmingham: An archaeological evaluation.

EBM241 Floodgate Street Exc Hewitson, C. 2010. Excavations at Gibb Street and Floodgate Street draft report.

EBM242 170 High Street Eval Martin, H. 2004. 170 High Street, Deritend, Birmingham: Archaeological evaluation 2004

EBM255 St Bartholomew's Eval Krakowicz, R and Rudge, A. 2004. Masshouse Circus, chapel site, Albert St Birmingham City Centre, Archaeological Recording and Chapel St 2002.

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Event Site Type Reference

EBM307 Dean House Exc Martin, H and Ratkai, S. 2006. The Dirty Brook: excavations at Dean House, Upper Dean Street, Birmingham.

EBM316 Freeman Street Eval Hayes, L. 2006. City Park Gate, Birmingham Report on an archaeological evaluation.

EBM335 Park St Gardens Eval Richards, G. 2007. An archaeological evaluation of land adjacent to Park Street Gardens, Birmingham.

EBM342 St Martins churchyard Exc Brickley, M, Buteux, S, Adams, J, Cherrington, R. 2006. St Martin's Uncovered. Investigations in the churchyard of St Martins-in-the Bull Ring, Birmingham, 2001.

EBM344 The Brolly Works Exc Porter, S. 2007. The Brolly Works, Allison Street, Digbeth, Birmingham. An archaeological evaluation and excavation.

EBM346 Walker Building WB Collins, P and Colls, K. 2007. The Walker Building 58 Oxford Street Digbeth Birmingham.

EBM377 Hartwell smithfield WB Duncan, M. 2008. Hartwell Smithfield Garage, garage test pits Digbeth, Birmingham, Archaeological Watching Brief 2008.

EBM382 Digbeth cold store Eval Duncan, M. 2008. Digbeth Cold Store Birmingham. An archaeological evaluation 2007

EBM392 Birmingham City Eval Mann, P. 2008. Proposed BCU Eastside campus, University eastside Banbury Street, Birmingham. Archaeological evaluation 2008.

EBM393 Connaught square WB Bacon, R. 2008. Connaught Square, Digbeth- Deritend, Birmingham. An archaeological watching brief 2007-2008.

EBM404 Digbeth coach station Exc Wright, J. 2008. Digbeth Coach Station, Birmingham, Report on archaeological investigations. Unpublished document: De'Ath, R. 2010. Digbeth Coach station, Birmingham, Report on Archaeological Investigations. Archaeology. 2010. Archaeological Investigations at Digbeth Coach Station, Birmingham. Leivers, M. 2011. Archaeological investigations at Digbeth Coach Station, Birmingham.

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Event Site Type Reference

EBM424 Banbury street Exc Higgins, T. 2008. Archaeological Excavations at Birmingham City Banbury Street, Birmingham Interim Summary of University excavation results. Higgins, T. 2008. BCU Eastside campus, Banbury Street, Birmingham, Post excavation assessment report. Higgins, T and Score, V. 2009. An Archaeological Excavation, Birmingham City University, Eastside Campus, Banbury Street, Birmingham. Score, V and Higgins, T. 2011. Early prehistoric clearance in Birmingham? Excavations at Banbury Street.

EBM426 Manzoni gardens Eval Burrows, R and Mould, C. 2000. Historic Town-Plan Analysis and Archaeological Evaluation of Manzoni Gardens, Birmingham City Centre.

EBM427 Open markets Eval Burrows, R and Mould, C. 2000. Historic Town-Plan Analysis and Archaeological Evaluation of Manzoni Gardens, Birmingham City Centre.

EBM430 Row market Eval Hovey, J. 1999. An archaeological evaluation at The Row Market, Edgbaston Street.

EBM431 Row market WB Ramsey, E. 2000. An archaeological watching brief at The Row Market, Edgbaston Street.

EBM433 Park street Exc Burrows, B and Martin, H. 2002. Park Street Birmingham: Post-Excavation Assessment and Research Design. Patrick, C and Ratkai, S. 2008. The Bull Ring Uncovered. Excavations at Edgbaston Street, Moor Street and Park Street, Birmingham, 1997-2001. pp 50-87

EBM435 Moor street 2000 Exc Mould, C. 2002. An Archaeological Evaluation and Excavation at Moor Street Post-Excavation Assessment and Research. Patrick, C and Ratkai, S. 2008. The Bull Ring Uncovered. Excavations at Edgbaston Street, Moor Street and Park Street, Birmingham, 1997-2001. pp 38-49

EBM437 Edgbaston street Exc Patrick, C and Ratkai, S. 2008. The Bull Ring Uncovered. Excavations at Edgbaston Street, Moor Street and Park Street, Birmingham, 1997-2001. pp 9-37

EBM472 Upper dean street Exc Kipling, R and Score, V. 2012. Archaeological excavation of the Dirty Brook, Upper Kipling, R. 2009. Excavations at Dean Street/Upper Dean Street, Birmingham 2009

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Event Site Type Reference

EBM491 Carrs lane Exc Webster, J. 2009. Archive Statement:Archaeological excavation 25-31 Carrs Lane Birmingham. Webster, J. 2012. Archaeological excavation at 25-31 Carrs Lane, Birmingham.

EBM494 Rea street area 1 Exc Duncan, M and Krawiec, K. 2009. Birmingham, Rea Street, Digbeth.

EBM495 Rea street area 2 Exc

EBM604 Beorma quarter Exc Kipling, R. 2014. Archaeological Excavations at the Beorma Quarter, Digbeth Birmingham (Phase 1).

EBM635 Park street gardens WB Hudson, K. 2012. Eastside Park Archaeological summary report.

EBM646 Orwell passage WB Craddock-Bennett, L. 2013. Orwell Passage, High Street, Digbeth, Birmingham. Archaeological watching brief.

Key: WB = Watching brief; Exc = Excavation; Eval = Evaluation

Table 8.7: Archaeological assets identified within the study area from Birmingham HER (Figure 8.2)

Ref Monument Location Summary Period

2891 MBM782 Digbeth Gold medieval ring with diagonally fluted Medieval decoration. Inscription on interior surface. Found c1890

2992 MBM874 Street Roman coins found during sewer construction at Roman the junction of Dudley St and Smallbrook Street

2996 MBM878 Deritend A polished stone axe was found in Sept 1953 Prehistoric during road widening on the N side of High St Deritend

2997 MBM879 Ladywell Ladywell is a spring of soft water feeding Lady Post Med Well Baths

3014 MBM896 Parsonage Sub-square moated enclosure which contained M+PM moat the Parsonage by the 18th century

3015 MBM897 Birmingham Manor House Moat, Birmingham M+PM moat

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Ref Monument Location Summary Period

3286 MBM992 Dudley Roman coins Roman St/Smallbrook St

3295 MBM1001 Bordesley St A medieval leather shoe from 72/80 Bordesley St, Medieval found in 1955

3300 MBM1004 Bromsgrove Cannon ball found in well during construction of Post Med St an outfall sewer in 1974

3303 MBM1007 Birmingham Anglo-Saxon settlement, supposedly late Saxon - Saxon city centre place name

20095 MBM1739 Malt/moat Identified as the parva molendinum mentioned in M+PM mill 1296

20096 MBM1740 Town mill and Water-powered corn mill from 16th century or M+PM Lloyd's mill earlier, later also a slitting mill

20427 MBM2077 Hartwell Evaluation by trial trenching demonstrated the Post Med Smithfield survival of ""islands"" of archaeological deposits garage, east between part

20615 MBM2267 High Street Medieval pottery found during watching brief of Medieval Deritend 1953 on High St. Deritend road widening work. medieval pottery

20619 MBM2272 Park Street Buried soil c.1700 A.D., pit, and one medieval Post Med And pottery sherd. Bordesley Street

20642 MBM2296 Hartwell Medieval pits recorded in evaluation and Medieval Smithfield watching brief. Surviving stratigraphy also Garage- West observed in test pits Part

20664 MBM2320 Floodgate Documentary evid for 18th cent and earlier Post Med Street tanning. 17th cent waterlogged deposits surviving Tanning Site under 19th cent cellars.

20667 MBM2324 Row Market Medieval pit and later features Medieval

20669 MBM2326 Upper Dean Former watercourses, osier pits and 19th century Post Med Street buildings

20671 MBM2328 Dean Post-medieval watercourses and other features Post Med Street/Upper Dean Street

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Ref Monument Location Summary Period

20680 MBM2337 Park Street Excavated remains consisting of boundary M+PM ditches, pits, graves and timber-lined tanks

20681 MBM2338 Moor Street Excavated remains consisting of a ditch, pits, M+PM wells and layers

20682 MBM2339 St Martin's Excavation of graveyard to N and W of church M+PM Churchyard

20683 MBM2340 Near St Archaeological evaluation revealed medieval well Medieval Martin's Church

20687 MBM2344 Freeman Freeman Street was laid out between 1727 and Post Med Street 1731.

20689 MBM2346 Gough's Hide Hide yard in existence by 1889 Post Med Yard

20690 MBM2347 Ditch Or North-south ditch or watercourse in 1553 survey Medieval Watercourse

20692 MBM2348 Park Street Overspill burial ground for St Martin's church Post Med Gardens

20693 MBM2349 Masshouse Site of Catholic Masshouse and Franciscan Post Med And Convent, 1687-88 Franciscan Convent

20701 MBM2357 High Street Former channel of River Rea, with probable M+PM Deritend, 170 remains of 18th and 19th cent industry and potentially earlier remains including waterlogged organic deposits

20703 MBM2359 Deritend Former pool, channel and large flax retting pit Post Med Bridge

20744 MBM2398 Bradford Probable remains of the tail race of a water mill M+PM Street and industries such as leather tanning.

20785 MBM2443 Freeman Pits and soils containing medieval pottery, and Medieval Street 18th cent cellars, walls, yards

20800 MBM2458 The Brolly Evaluation and a small area excavation revealed M+PM Works 19th cent cellars

20802 MBM2460 Oxford Street Buried remains of 19th century date observed in Post Med Test Pits geotechnical test pits

20813 MBM2472 Ditch Medieval boundary ditch Medieval

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Ref Monument Location Summary Period

20827 MBM2489 Digbeth Surviving burgage plot boundaries. Evaluation Medieval revealed boundary ditch, medieval and post- medieval tanning and organic deposits with excellent pollen and beetle survival.

20830 MBM2492 Eastside Tree holes covered by peaty clay, with Prehistoric Prehistoric radiocarbon dates of c12000 BP and c10000 BP. Deposits Two worked flints at base of deposit. Pollen suggests Boreal date. Overlying layer of charcoal. Also 18th cent and later features.

20831 MBM2493 Coach Station Ivory working and button making Post Med Industrial Debris

20869 MBM2532 Manzoni Post-Medieval Features predating 19th century Post Med Gardens market hall

20902 MBM2567 Carrs Lane Medieval and post-medieval clay-lined pits and Medieval gully and associated levelling deposits

21083 MBM2749 Mill Pool For Mill pool Post Med Town Mill Or Lloyds Mill

21084 MBM2750 Watercourse Watercourse running from Parsonage Moat to M+PM Joining Moats Manor House moat

21085 MBM2751 Watercourse Watercourse feeding Manor House Moat, later Post Med Pudding Brook

21086 MBM2752 Dirty Brook Watercourse running parallel to Pudding Brook Post Med

21087 MBM2753 Head Race To Head race to Town Mill. Runs into mill pool. Post Med Town Mill

21088 MBM2754 Watercourse Stream leading from mill pool to River Rea Medieval

21089 MBM2755 Digbeth/High Pool on south side of Digbeth/High Street M+PM Street Deritend Deritend

21290 MBM2958 New Street At least 14 cattle horn cores found in trench Post Med Cattle

Key: M+PM = Medieval and Post-medieval; Post Med = Post-medieval

Geology and topography

The location of the 12th century occupation is focused on a Keuper Sandstone Ridge (1) near to a fault line that causes the ground to slope down to the south-east towards the Rea Valley.

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The fault has resulted in the presence of springs and easily bored wells and as such would have been attractive to settlers. The earliest features within the study area are large ditches, potentially channelling this abundant aquatic resource.

Medieval and later evidence

To the south of the site a 3m deep moat surrounding the medieval manorial site was partly excavated in 20004 with 12th -13th century pottery recovered from its base and the filling of the feature continuing up until 18th-19th century on the basis of pottery found higher up (EBM161). Reputedly medieval structures survived into the late 18th century here and the moat was still visible in 1815. Work during a watching brief on the site exposed two phases of wall relating to the manor house (5, p90).

This feature was connected to the moat around the Parsonage to its west and forms part of a roughly oval enclosure called the “Hersum” ditch, the northern loop of which bisects the proposed development site from its southeast to northwest corner.

Amongst the archaeological observations reported there is considerable variation in the nature of the geological deposits encountered. To the west (EBM430/1), northwest (EBM246/7) and within the centre of the site itself (EBM382) a compact yellow/orange sand is observed. This rises from 105.5m AOD in the site to 109m AOD to the west. Within and to the south of the site a compact red clay was observed at 106m AOD with a similar deposit to the north of the site (EBM435) at 111.5m AOD. On the lower ground to the south and east is a blue/green clay deposit (EBM240/205) referred to as Mercia Mudstone and lying at 101.7m AOD (EBM9). Deposits displaying organic preservation have been recorded from the Rea (about 500m to the east of the site) all the way to the site itself. The date of material associated with these organic deposits appears to get later the further to the east they are from the site. Within the site a c. 0.25m thick organic deposit was cut by a 12th-13th century ditch. Immediately to the east of the site the natural mudstone had been cut by pits dating between 14th – 15th centuries with activity of this date extending for another 100m (EBM205). Organic deposits, further east again (EBM9), contained wood and leather and material of 15th – 18th century date, whilst a similarly waterlogged but much thicker deposit adjacent to the current course of the Rea (EBM240) contained 17th century material. This evidence seems somewhat at odds with Hislop’s assertion that Digbeth High Street was a principal route into the city in the Medieval period (1, p4) as it all postdates the time by which the town ditch went out of use in the 14th century although Hodder (pers comm) feels there can be little doubt that the road now known as Digbeth was a major medieval route which crossed the ditch. Thirteenth century occupation evidence associated with Park Street does tend to

4 Patrick, C. (2000) 5 Hodder, M (2011) Birmingham the Hidden History, Tempus

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suggest that this latter road follows quite an early route way. In fact with the exception of the basal fills of the moat around the manor (mentioned above) and “Hersum” Ditch, the only other evidence for occupation of pre-14th century date in the study area comes from features such as post holes and pits within the site and observations to the north along Park Street and on Edgbaston Street to the west. The presence of wasters of 12th – 13th century Deritend Ware might suggest there was pottery production in the near vicinity.

Activity in the study area between the 15th – 17th centuries provides further indications of industrial processes taking place here. Features cut into the upper fills of the ditch within the site appear to relate to some form of hide processing. The types of features that are recorded include clay-lined pits, timber-lined pits as well as shallow lime-filled pits.

There is also evidence for water features such as a pool that was reputed to lie in the northeast part of the site in the 16th century from a survey of Birmingham in 1553 (1, p6). The archaeological evidence also suggests that a considerable number of wells have been dug in the area. The site of the aforementioned pool appears to have been incorporated into Goffe and Co. mineral water manufacturer’s holding where an artesian well is meant to have been built and workmen digging in 1889 found a large (40ft) rectangular cistern dated 1854. A stone-lined well measuring 2.2m deep by 1.5m in diameter was the earliest found in the study area containing Medieval lower fills and discovered during work on the Moor Street site to the northwest of the current proposals 6, 7.

In terms of the survival of archaeological features the north side of High Street appears to contain some of the best preserved archaeology within the study area. Very deep features such as the moat and portions of wall from the manor survive to the south but there has been little evidence for other features of an earlier date. At Edgbaston Street much further to the west of the site (EBM437) features dating back to the 13th century were also recovered including a timber-lined cistern or tank. This site which lies near the Parsonage moat provided considerable evidence for hide processing or tanning spanning from as early as the 12th – 14th century and continuing through to the 17th/18th century. Further to the north-west of the site on Moor Street only a very small patch of archaeology had survived landscaping for later development (EBM435) (6 and 7) with the main early medieval feature being a section of the town boundary or “Hersum” ditch along with a few 12th-14th century pits, and 15th-16th century pits cutting these.

6 Mould, C. 2002. An Archaeological Evaluation and Excavation at Moor Street Post-Excavation Assessment and Research. 7 Patrick, C and Ratkai, S. 2008. The Bull Ring Uncovered. Excavations at Edgbaston Street, Moor Street and Park Street, Birmingham, 1997-2001. pp 38-49

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The largest zone of archaeological survival investigated within the study area adjoins the northwest corner of the site on Park Street. It again follows a similar theme to those sites mentioned above. At its southern extent the “Hersum” ditch was identified, although here along the eastern boundary of the historic plots fronting Park Street another ditch was identified. The depth and width of this feature were not established but it also appears to date as far back as the 12th-14th century. Kiln waste discovered in the ditch sections on this site along with a piece of kiln furniture indicate that pottery manufacture is likely to be taking place in the vicinity. As with almost every other investigation previously referred to, at least the rear of the plots adjacent to the ditch appear to have been given over to tanning pits spanning the medieval period and later. Other clay-lined features going out of use in the 15th century may be associated with industrial activity, with a kiln implying high temperature processes being present too.

Preservation and survival

A very striking feature across the whole of the study area is the level of preservation of organic artefacts, even including St Martin’s burial ground. Most sites investigated report on the presence of waterlogged deposits containing environmental evidence alongside preservation of timber and leather. The proposed development site is no exception in this regard and has already demonstrated high levels of similar types of preservation. It is also clear from previous evaluation work that features associated with tanning survive within this area and the site may contain the junction between the back plot ditch parallel to Park Street and the “Hersum” ditch.

Factors affecting the preservation of archaeological features on the site include cellarage and the excavation of ponds (Figure 8.3) from the early Post-medieval period onwards. Predominantly the known cellarage lies beneath buildings fronting High Street Digbeth and is located beneath buildings which for the most part are being retained as part of the development. Exceptions to this include the music hall and pub to its south at the junction of High Street and Park Street. These demonstrate extensive cellarage and being near the top of the hill this is likely to have removed everything except the very bottoms of deep features such as wells and deep tanning pits. To the east of the music hall there is potential for the survival of archaeological features within the ditched enclosure. In other areas of the site the mid-19th century insertion of dwellings along rows in the back plots fronting High Street appears to have come with extensive cellarage through comparing the evaluation results with historic mapping. It is also unclear to what extent number 140 High Street was cellared as there are no records of anyone having entered this building since the proposals to develop the site began. Historic cellarage beneath the training centre is also likely to be more extensive than that which currently survives, the small basement at the front of this building being clearly a modern construction.

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Likely significance of the archaeological resource within the site

The archaeology found within the medieval core of Birmingham is quite unusual at a national level. This is mostly due to the very wet nature of the deposits and the presence of springs feeding these deposits and maintaining a relatively high level of water logging. So whilst on many sites across the UK water logging and organic preservation are common in the bottoms of deep features, in Birmingham soil layers immediately above the natural sub-strata also preserve organic remains. However, unlike similar sites located adjacent to burgh ditches in Hereford8 and Derby9 for example contemporary ground surfaces do not appear to survive. Taking the latter example, at St Mary’s Gate Derby, clay floors with barrel impressions survived alongside clay lined pits, workshop floors and other features associated with hide processing. Therefore the evidential value of the below ground heritage assets in the site is good in terms of organic preservation but fragmentary in nature due to truncation through later levelling, construction and pit digging activities. Whilst documentary evidence dates back to the medieval period with respect to 140 High Street and burgage plots have been identified within the later Post-medieval plot layouts there is little archaeological evidence that matches this. However, plot fence lines rarely leave a trace in the archaeological record, meaning that the value relating to plots is more aesthetic than evidential in nature. In terms of historic values then the line of the back plot ditch if indeed the “Hersum” ditch lends some weight to this, but communal values are underrepresented with respect to below ground heritage in the site (the publication of Mike Hodder’s book being the closest to affording public access to understanding and interpretation of the site).

For the Phase 2/3 site, particular features in addition to the ditch are the palaeoenvironmental data in the deposits cut by it (as revealed in the evaluation trench) and the sequence of post- medieval activity found in the Phase 1 excavation (tanning, “garden soil”, and a 17th century stone/brick building).

Designated and Non-Designated Heritage Assets

St Martin’s Church (Grade II*)

St Martin’s was established by the late 13th century; repaired in the late 17th and late 18th centuries; largely rebuilt in the 1870s (apart from the tower and spire, which had been restored in 1853); and restored in 1956-57 after bomb damage in World War II. Although the relationship with the buildings in Digbeth has remained largely unchanged, the interface with the town centre to the north was effectively obliterated in the 20th century development and redevelopment of the Bull Ring shopping centres and the inner ring roads. The relationship

8 Vyce, D 2001 Magistrates Court, Bath St Hereford: Analysis of Excavation HAS498 9 Crooks, C. [et al] 2003 Derby magistrates Court: Archaeological Excavation and Building Recording HAS 589

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on the south side remained largely unchanged from the early 19th century construction of Smithfield Market until its demolition in 1975, since which the land immediately opposite the church has been used as an open market.

123-135 Digbeth (Cold Store; Grade II)

The exteriors of the listed building have been retained in the approved Phase 1 development plan.

RTP Crisps Building, Allison Street and Well Lane (Grade II)

The building dates to 1872, when it was erected for the manufacture of umbrella ribs. It was enlarged in 1895 and again in 1923 when it became a clothing factory, and was again altered in 1975 as a food processing factory for RTP Crisps.

Digbeth, Deritend and Bordesley High Streets (Digbeth/Deritend) Conservation Area

The conservation area is a designated heritage asset in its own right. As shown in Figure 4.1, the development site lies at the western corner of the conservation area, and interface boundaries with designated and non-designated heritage assets are found in Digbeth, Allison Street, and Well Lane.

The character of the Conservation Area was summarised in the Digbeth, Deritend and Bordesley High Streets (Digbeth/Deritend) Conservation Area Character Appraisal and Supplementary Planning Policies (adopted in 2009 as a Supplementary Planning Document) as follows:

Digbeth, Deritend and Bordesley High Streets (Digbeth/Deritend) Conservation Area contains the most important remnants of Birmingham’s mediaeval townscape, dating from the twelfth to the fifteenth century. It is also significant as an inner city industrial quarter with a good range of industrial and commercial buildings dating from the nineteenth to the twentieth century and provides a major focus for regeneration.

Nos. 135-139 Digbeth are locally listed, and are thus non-designated heritage assets under NPPF. (No. 140 is neither statutorily listed nor locally listed.) The heritage assets were assessed in 2005 (Hislop, Malcolm. Site Bounded by Digbeth, Allison Street, Well Lane and Park Street, Birmingham City Centre, An Historic Environment Study, 2005. Birmingham Archaeology, Report P.N. 1274, January 2005), as follows:

 135-136 Digbeth – This is a Grade A locally listed building, the high rating reflecting the important contribution it makes to the character of the conservation area. It is a

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comparatively tall structure, and the most ornate of the buildings fronting this block. Whereas the former Digbeth Cold Stores building impresses by its size, Nos 135-6 are significant for their eye-catching design. It is interesting too as an example of an early 20th-century emporium obviously designed to be noticed and to impress, both in respect of the exterior as well as the interior with its elaborate staircase and spacious and well-lit upper rooms. Certainly, this is one of the most important buildings in the row, and its loss would have a detrimental effect on the conservation area.

 137 Digbeth – This building is Grade B locally listed, and this is probably a good measure of its significance. Certainly, it wouldn’t qualify for statutory listing, being too late in date, and not of sufficiently high quality. Nevertheless, it is an attractive building that makes a significant contribution to the streetscape, and is important to the character of the conservation area. Its historic interest lies in the continuity it represents, between the 18th century or before, when this plot existed as one of the tenements that made up the Inge holding, and the present day.

 138-139 Digbeth – No. 138-9 is a Grade B locally listed building. The recent extension and re-ordering of the interior means that the interest of the property lies almost entirely in the Digbeth elevation. This is a good, but fairly plain example of its kind. Owing to its late date, even in its original state, it is highly unlikely to have been of sufficiently high quality to qualify for statutory listing; the alterations to the interior make this certain. However, it does form an important component of the historic character of the Digbeth frontage, and makes a significant contribution to the conservation area. The historical interest lies in the continuity it represents between the land tenure of the 17th century and probably earlier, and the present.

 Park Street Music Hall – The Park Street music hall was built in the 1860s to revitalise the business of the former George Inn by providing additional entertainment. It operated in its initial form for about 25 years before being unsuccessfully upgraded in the late 1880s; disappeared from trade directories in the 1890s; and became disused in 1901. Very little fabric of historic interest appears to survive: only a few minimal interior details and ceiling remnants were in evidence in 2007-2008, all of which were derelict and ruinous. Any historic interest is thus now limited to social rather than socio-architectural history, as the building is effectively a shell within which a local music hall once existed, rather than a significant example of a specific building type.

 Digbeth, Deritend and Bordesley High Streets (Digbeth/Deritend) Conservation Area – The conservation area is a designated heritage asset in its own right. As shown in Figure 8.5 the development site lies at the western corner of the conservation area, and interface boundaries with designated and non-designated heritage assets are found in Allison Street and Well Lane.

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Figure 8.5: Detail from BCC Conservation Area map showing statutorily and locally listed buildings (orange and blue, respectively)

8.5 Assessment of Project Impacts

There are two groups of impact that will affect the buried archaeological resource. The first of these is determined by the proposed design of the buildings and their associated foundations, services and new basements (Figure 8.4). The second relates to construction phase activities and impacts associated with site preparation and enabling works, this is less easy to quantify.

Direct impact of the development proposals

In the northwest part of the site a substantial basement is proposed and given a reduction in ground levels here to greater than 104.5m AOD then by comparison to depths of archaeological features this would result in complete removal of surviving archaeology within its footprint. However, the westernmost part of the basement is currently part of the cellars for the Music Hall and therefore survival of archaeological features and deposits is unlikely here in any event.

To the south of this and in the northeast part of the site there are proposals for a number of piled foundations with relatively substantial pile caps. In themselves these are likely to either totally destroy archaeological features or deposits and where this is not the case the evidential value of such materials will be considerably reduced as partial disturbance of archaeological entities makes them a lot harder to interpret.

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Further to the above, both during and for a currently unspecified period after the construction phase there is a need to dewater the new basement. The aim will be to reduce the height of the water table within and around the new basement and is likely to also affect deposits for some distance from it. Given the likely presence of water logged deposits within the areas of the site affected by this then there could be a subsequent impact on the levels of preservation of such materials as a result of this activity.

Direct impact during construction phase operations

Other impacts on buried archaeology will occur as a result of site preparation works or enabling works. Such disturbances include the grubbing up of foundations, ground level reduction to allow for plant access and ease of working and additional excavation around pile caps or other areas where concrete needs casting or the cutting back of pile heads and insertion of shuttering. Therefore the extent of disturbances are generally greater than those mapped on the foundation drawings and difficult to manage during construction works. These types of operations do, however, result in both complete and partial loss of heritage assets where they are present.

Indirect impacts following development

The waterlogged nature of the archaeological resource is a consideration as this increases the value of the heritage assets within the site. Therefore dewatering or improved drainage as a result of the development could result in heritage loss through future decay if water logged layers dry out. The site has been subject to previous development some of which involved excavations to a considerable depth. This would imply that deep development and localised cellarage has not reduced the constant supply of water to the deposits on the site. However, the construction of the basement could interfere with the moisture content in the deposits identified during evaluation of the site.

Impact upon Designated Heritage Assets

The proposals incorporate within the scheme the Cold Store and the adjacent facades of interest including the non-designated heritage assets. Façade retention of the non- designated heritage assets also minimises the impact of the development upon the street- level setting of the Grade II cold store building at 123-135 Digbeth (which was retained in the approved Phase 1 of the development plan), and the massing to Well Lane responds to the listed building to the north by reducing the height of the building which sits immediately opposite.

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Impact upon Non-Designated Heritage Assets

As approved in 2009 (and time-extended in 2012), the proposals include the retention of buildings 135-136, 137 and the facades of 138-139 on Digbeth High Street, and thus minimise the street-level impact of development.

The proposals would remove the remains of the Park Street music hall, and although these are minimal, recording of the structure should be undertaken prior to its demolition.

Massing of the proposals respects the site’s boundary interfaces with the locally-listed buildings in Digbeth High Street and Allison Street by decreasing the density and height of the new buildings towards these streets.

The structures will also replicate to an extent the form of the original burgage plots.

Figure 8.7: Proposed elevation to Digbeth High Street

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Figure 8.8: Proposed elevation to Allison Street

Table 8.8: Significance of impacts

Asset type Assessment criteria

Importance Magnitude Significance Note of effect

Medieval features Medium High Moderate Despite complete loss in part, adverse archaeology already compromised by earlier use. But important in its broader context based on results of Beorma Phase 1 excavations and other nearby excavations.

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Asset type Assessment criteria

Importance Magnitude Significance Note of effect

Post-medieval Low- High Minor or Remains quite fragmentary features medium adverse moderate and of low importance within the site. But based on results of Beorma Phase 1 excavations and other nearby excavations important in their broader context, e.g. tanning, the “garden soil” and the small 17th cent brick building

Medieval waterlogged Medium - High Major - Many will be lost through total deposits high adverse moderate removal – others at risk through dewatering.

Setting of burgage Medium Medium Moderate Plots will be more easily plots beneficial +ve “read” by public.

Archaeology of earlier Low High Minor No features identified than medieval date Adverse previously

Designated Heritage Medium to Negligible Negligible Context and relationship Assets: High retained by massing St Martin’s Church

Designated Heritage Medium Negligible Negligible Setting retained Assets: 123-135 Digbeth

Designated Heritage Medium Negligible Negligible Setting retained Assets: Listed building north of Well Lane

Designated Heritage Medium Negligible Negligible Character respected by the Assets: massing Digbeth/Deritend Conservation Area

Non-Designated Medium Low Minor Façade retained Heritage Assets: adverse 135-136 Digbeth

Non-Designated Medium Low Minor Façade retained Heritage Assets: adverse 137 Digbeth

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Asset type Assessment criteria

Importance Magnitude Significance Note of effect

Non-Designated Medium Low Minor Façade retained Heritage Assets: adverse 138-139 Digbeth

Non-Designated Medium High Moderate Record prior to demolition Heritage Assets: adverse Park St Music Hall

8.6 Assessment of Cumulative Impacts

The only likely impacts that could be viewed as cumulative relate to previous developments in the area. To the north of the site archaeological deposits were destroyed during excavations for the Bullring car park on Park Street. Excavation for the Phase 1 Beorma development also removed archaeological assets from the area. This development further removes heritage assets from a depleting archaeological resource.

Table 8.9: Significance of cumulative impacts

Asset type Assessment criteria

Importance Magnitude Significance Note of effect

Cumulative loss of Medium Medium Moderate There are other deposits that archaeological or survive within the wider study evidential value area, the quality of deposits on the site is no greater than observed elsewhere.

8.7 Impact Mitigation and Residual Effects

The potential loss of the historic burgage plots within the site has already been mitigated within the development design so this is not included further amongst methods of mitigation. It is quite clear from the assessment that the development proposals are of such a scale that they will result in direct impacts affecting either total or partial loss of archaeological deposits and features within the site. Where archaeological deposits or features might have survived between these areas then they could be further eroded through construction phase activities.

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In addition levels of preservation of archaeological organic remains could be adversely affected by dewatering of the site both during, and potential after, the development.

Under the guidance in NPPF where assets are not viewed as being of high or very high significance then consideration can be given to obtaining the archaeological evidence through excavation, recording and disseminating the results from these exercises (Appendix 8). Further enhancement to the site’s heritage values might also be afforded through interpretation and public presentation of the results of the work as well as academic publication.

Table 8.10: Summary table of predicted impacts and mitigation

Effect Significance of effect Mitigation Significance of without mitigation residual effect

Partial or total loss of Moderate adverse Excavation, Minor adverse archaeological features recording, and associated loss of conservation, organic preservation. archive deposition and publication

Demolition of Park St High adverse Record prior to Medium adverse Music Hall demolition

8.8 Summary

The below ground archaeology within this part of Birmingham is associated with occupation dating from the 12th century onwards. Development from the 19th century onwards has had a varying effect on the survival of such remains in some cases such as Moor Street almost completely eradicating any evidence whilst in others such as Edgbaston Street and Park Street demonstrating reasonably good levels of survival. The proposed development site has been shown to have a moderately good level of survival of archaeological remains between later areas of cellaring and foundations. The location of the medieval settlement here is such that the very plentiful water supply that may have attracted early settlers has also resulted in high levels of preservation of organic remains. This is not just particular to the site but seen within 500m of it in all directions. The nature of below ground archaeology is believed to be plots laid out along roads leading to a market place and enclosed by a large ditch measuring c. 7m across by 3m or more deep. This could be the feature known as “Hersum” ditch and part of its northeast stretch is present within the site. Early industrial activity is associated with this feature in almost every observation that has been made within the wider study area used to establish the baseline for this chapter. The archaeology within the site does not differ from

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this model and contains evidence for early hide processing as well as pottery manufacture just to the north of the site. It is also believed that the plot boundaries that are still present within the current streetscape owe their origins to early medieval burgage plots, possibly the only surviving remnants in the city. The site also contains evidence for land use and the nature of human activity up until the 17th century with the remains of later brick structures shown on historic maps cutting through all this earlier activity.

The current development proposals will result in the direct loss of some areas where archaeological deposits survive. It will also potentially have a detrimental effect on the levels of preservation of organic remains even where direct impacts do not affect such remains. As a means of mitigating these effects a programme of archaeological work will be required to excavate, record, assess, analyse, conserve and report on the material recovered as well as depositing the archive within the local museum. It should also provide a means of presenting the history and archaeology of the site to the general public in a way that leaves a permanent legacy of interpretation.

Based upon the appraisal of buried heritage impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of MODERATE significance and permanent in nature. The residual impacts associated with the Operational Phase following mitigation are deemed to be of LOW (minor) significance and long-term in nature.

With the exception of the Park Street music hall, impacts upon non-archaeological designated and non-designated heritage assets – all of which are of medium significance – are deemed to be NEGLIGIBLE during construction to MODERATE and beneficial during operation as the buildings (or important elements thereof) will be preserved having been incorporated in the design process of the proposed development.

In the case of the Park Street music hall (also of medium significance), the loss of remnant fabric would have a MAJOR impact, which would be reduced by appropriate mitigation to MODERATE.

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9 Traffic and Transport

9.1 Introduction

This Traffic and Transport section is based upon information submitted within the Transport Assessment (TA) as a part of the planning application for the proposed mixed use development at Digbeth, Birmingham. The TA is included as an Appendix to this document. This chapter of the report will provide an assessment of the likely increase in traffic on the network as a result of the proposed development and the potential impacts therein.

AECOM have undertaken the TA based on discussions and meetings with Birmingham City Council (BCC) and a scope subsequently agreed with BCC.

9.2 Legislation and Policy Context

9.2.1 National Policy

National Planning Policy Framework (March 2012)

In March 2012 National Planning Policy Framework (NPPF) was published to consolidate all policy statements, circulars and guidance documents into a single, simpler National Planning Policy Framework. The NPPF sets out a number of transport objectives designed to facilitate sustainable development and contribute to a wider sustainability by giving people a wider choice about how they travel.

The NPPF states all developments that generate significant amounts of movement should be supported by a Transport Assessment. Plans and decisions should take account of whether:

 The opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure;

 Safe and suitable access to the site can be achieved for all people; and

 Improvements can be undertaken within the transport network that cost effectively limits the significant impacts of the development.

The guidance advises that, subject to the above considerations, development should not be prevented or refused on transport grounds unless the residual impacts of the development are severe.

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The NPPF states that plans should protect and exploit opportunities for the use of sustainable transport modes for the movement of goods or people. Therefore, developments should be located and designed where practical to:

 Support opportunities for sustainable transport modes depending on the nature and location of the site, in order to reduce the need for major transport infrastructure;

 Accommodate the efficient delivery of goods and supplies;

 Give priority to pedestrian and cycle movements, and have access to high quality public transport facilities;

 Create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians, avoiding street clutter and where appropriate establishing home zones;

 Incorporate facilities for charging plug-in and other ultra-low emission vehicles; and

 Consider the needs of people with disabilities by all modes of transport.

To achieve the above, all developments which generate a significant amount of trips should provide a Travel Plan. Furthermore, the minimisation of journey lengths for employment, shopping, leisure, education and other activities should be informed by planning policies which balance land uses within an area.

Planning Practice Guidance (PPG) ‘Travel Plans, Transport Assessments and Statements in Decision-Taking (March 2014)

The Planning Policy Guidance (PPG) was updated in March 2014 and builds on the policy framework set out by NPPG. The Planning Practice Guidance - Travel Plans, Transport Assessments and Statements in Decision-Taking provides a concise report on the use and importance of Transport Assessments / Statements and Travel Plans. With regard to whether to provide a Transport Assessment, Transport Statement or no assessment, the guidance states that local planning authorities, developers, relevant transport authorities, and neighbourhood planning organisations should agree what evaluation is needed in each instance.

The guidance states that Transport Assessments / Statements and Travel Plans can positively contribute to encouraging sustainable travel, lessening traffic generation and its detrimental impacts and reducing carbon emissions and climate impact. In doing so they can create accessible, connected, inclusive communities with improved road safety, health and quality of life.

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The guidance states that Transport Assessments / Statements and Travel Plans should be proportionate to the size and scope of the proposed development, be tailored to particular local circumstances and be established at the earliest practicable possible stage of a development proposal.

9.2.2 Regional Policy

West Midlands Local Transport Plan (2011)

The West Midlands Local Transport Plan 2011 sets out the five objectives of the transport strategy and policies for the West Midlands Metropolitan Area to 2026 as follows:

The five Objectives provide a set of detailed goals the Local Transport Strategy is seeking to achieve. Each Objective is consistent with the Strategic Principles and has a series of subsidiary elements within it:

1. To underpin private sector led growth and economic regeneration in the West Midlands Metropolitan Area, including support for housing development and population growth, increased employment and low carbon technologies (KO1);

2. To contribute towards tackling climate change through achieving a reduction in the emission of greenhouse gas emissions and ensure the resilience of the transport system to any changes to the West Midlands Metropolitan Area’s climate (KO2);

3. To improve the health, personal security and safety of people travelling in the West Midlands Metropolitan Area (KO3);

4. To tackle deprivation and worklessness, so enhancing equality of opportunity and social inclusion for all age groups, through improved access to services and other desired destinations within and adjacent to the West Midlands Metropolitan Area (KO4); and

5. To enhance the quality of life for people in the West Midlands Metropolitan Area and the quality of the local environment (KO5).

9.2.3 Local Policy

Birmingham Unitary Development Plan (2005)

The UDP in the introduction to the Transport Section (chapter 6) advises that:

“In the past, transportation policy has concentrated primarily on existing and predicted traffic and transport problems. It is now recognised that transport planning and investment has a

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much wider role. It is a key factor in supporting and stimulating economic regeneration and urban renewal. Improvements in accessibility, the environment, safety and image are important areas of concern, in addition to the more traditional matters such as delays and speed. In order to maximise all the benefits that can arise from investment in transport, a more positive approach is now required.”

The policies in respect of parking in the City Centre are set out in paragraph 6.50. This in part states:

“The concentration of activity in the City Centre creates a significant demand for car parking. To accommodate the parking needed for all car journeys would require destroying the fabric and environment of the City Centre to such an extent that activity would be driven away. However, the City Council recognises that it needs”

“to ensure that adequate provision is made for trips that may go elsewhere if they cannot be made to the City Centre. The priority for publicly-provided parking will be, therefore, to provide for those whose trips are particularly responsive to parking availability, i.e. shoppers, business visitors and other short-stay visitors. The provision of long-stay parking facilities within the City Centre Core will be resisted”.

6.50B Within the Core, short-stay on-street parking provides a convenient choice for people who want or need to park close to particular destinations. A balance needs to be struck between the requirements of those who need to park close to particular destinations (e.g. people with mobility difficulties, or those who need to collect bulky purchases), and the need to create a safe, attractive City Centre environment where businesses can flourish.

6.50C The additional provision of private non-residential parking facilities will be determined through the development control process. Within the City Centre Core, only essential on-site parking will be allowed, to enhance and maintain the high quality environment of the area. Existing site owners will be encouraged to enhance the quality of their stock”.

The site is located in an edge of town centre location and is accessible by walking, cycling and public transport. The site is within easy walking distance of Birmingham City Centre and would encourage linked trips with the town centre reducing the need to travel.

The proposal therefore accords with Birmingham UDP guidance.

The Emerging Core Strategy

The emerging Core Strategy sets out the key approach to land use planning and also identifies the need to provide parking provision for people with disabilities and for cycles and powered two wheel vehicles.

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Policy TP37 aims to promote sustainable transport modes by:

 Improved choice by developing and improving public transport, cycling and walking networks;

 The facilitation of modes of transport that reduce carbon emissions and improve air quality;

 Working with partners to support and promote sustainable modes and low emission travel choices; and

 Ensuring that land use planning decisions support and promote sustainable travel.

Policy TP38 provides specific aims for walking throughout Birmingham and includes:

 Ensuring new development incorporates high quality pedestrian routes which will promote walking as an attractive, convenient, safe and pleasant option for travel including to and from bus stops, train stations and Metro stops; and

 Ensuring good design of pedestrian routes/areas reflecting desire lines and providing adequate way finding facilities where appropriate whilst ensuring that the routes/areas are free from unnecessary clutter.

The Core Strategy aims to encourage cycling through Policy TP39 which aims to increase cycling participation through:

 Development of different route types e.g. improvements to major radial roads and other main roads including improved crossing facilities and creating new, quieter, parallel routes, using the roads with lower speed limits and traffic flows, linking residential areas, green spaces, local centres and transport interchanges in order to encourage short trips and offer an alternative to busy A and B roads.

 Further development and enhancement of an extensive off-road network of canal towpaths and green routes.

 Improving cycle security with upgraded parking and trip end facilities within the City Centre and local centres.

 Providing enabling support to take up cycling through training and travel behaviour initiatives.

The Core Strategy identifies a continuing need to improve public transport facilities including interchanges so provide attractive and viable alternatives to public transport. Policy TP40

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outlines the Council’s strategy of working with bus, rail and Metro operators to improve the existing services on offer and to implement expansions to services where there is a need.

Policy TP44 aims to ensure that accessibility levels are maintained and improved as new development comes forward with major developments required to provide:

 An appropriate level of public transport provision (in terms of frequency, journey time and ease) to main public transport interchanges at the most relevant times of the day;

 Associated public transport stops, with shelters and seating, within 80m of the main focal point for the location;

 Good cycle access with a commensurate number of convenient cycle stands, with cycle shelters where stays are likely to be of longer duration; and

 Good pedestrian access, with seating where relevant.

The proposed development is supportive of the policies and strategies stated above.

The Big City Plan and Vision for Movement

The Big City Plan and Vision for Movement provide a high level strategy to deliver a new approach to movement in the city centre to create a well-connected, efficient and walkable city. In achieving this, the focus will be upon:

 Improving the overall quality of the transport environment.

 Enhancing the efficiency with which the transport network operates.

 Encouraging people to move around on foot, bike and by public transport.

 Making efficient and effective use of the highway network and associated infrastructure.

The proposed development is supportive of the aims stated above.

Birmingham Connected

Birmingham Connected aims to reinforce transport’s role in continuing to create a successful, vibrant, healthy and green city.

Birmingham Connected’s five core objectives are:

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 Efficient Birmingham – Birmingham Connected will facilitate the city’s growth agenda in the most efficient and sustainable way possible, strengthening its economy and boosting jobs.

 Equitable Birmingham – Birmingham Connected will facilitate a more equitable transport system; linking communities together and improving access to jobs and services.

 Sustainable Birmingham – Birmingham Connected will specifically reduce the impacts of air and noise pollution, greenhouse gas emissions and energy consumption.

 Healthy Birmingham – Birmingham Connected will contribute to a general raising of health standards across the city through the promotion of walking and cycling and the reduction of air pollution.

 Attractive Birmingham – Birmingham Connected will contribute to enhancing the attractiveness and quality of the urban environment in local centres, key transport corridors and the city centre.

The accessibility of the proposed development is supportive of the aims stated above in terms of encouraging more sustainable methods of travel.

Car Parking Guidelines Supplementary Planning Document (SPD)

The purpose of this document is to set out the car parking standards which the City Council will apply when considering planning applications for new development.

The standards set out were derived from those set out in Planning Policy Guidance Note 13 Transport (PPG13) which has now been withdrawn.

The SPD reflects the objectives of the City’s Sustainable Communities Plan. In particular it aims to help ensure that:

 The access needs of new developments are properly provided for.

 A balance is struck between the needs of different road users.

 The impact of new development on congestion is minimised.

 Birmingham continues to be an attractive place for new investment and development.

In addition to proposing standards for car parking provision in new developments, this document also sets out proposed standards for parking for people with disabilities and for cycle and motorcycle parking.

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The car parking standards set out in the SPD are defined as maxima. However the standards proposed for cycle and motorcycle provision are minimal.

9.3 Assessment Methodology and Significance Criteria

The Department for Transport’s Guidance on Transport Assessment (March 2007) sets out the purpose, principles and methodology for undertaking a Transport Assessment. This guidance has recently been archived but still provides a robust guide on the format and requirements of transport impact analysis of new developments. AECOM have prepared the Transport Assessment to support this application in accordance with DfT guidance. The purpose of a Transport Assessment is as follows:

“A TA is a comprehensive and systematic process that sets out transport issues relating to a proposed development. It identifies what measures will be taken to deal with the anticipated transport impacts of the scheme and to improve accessibility and safety for all modes of travel, particularly for alternatives to the car such as walking, cycling and public transport.”

The Transport Assessment accompanying this application has addressed all of the relevant considerations which are outlined in the DfT guidance including NPPF and PPG. A review of the key considerations for the proposed development is provided in the impact section.

9.4 Baseline Conditions

9.4.1 Existing Road Network

The site is located south-east of Birmingham city centre in the Digbeth area. It is located to the west of Allison Street. The site boundaries are made up of Allison Street to the east, the B4100 Digbeth to the south, Park Street to the west and Well Lane to the north.

The site is immediately west of Allison Street which connects Bordesley Street in the north to the B4100 Digbeth in the south. One hundred metres north of site Allison Street passes under the railway bridge before connecting to Bordesley Street.

Bordesley Street runs in an east-west direction connecting Park Street in the west to Barn Street/Little Ann Street/Milk Street in the east. It is intersected by Meriden Street/New Canal Street.

Meriden Street connects Curzon Street in the north to the B4100 Digbeth in the south.

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The B4100 Digbeth is a dual carriageway which becomes High Street Deritend to the east of the development site, then High Street Bordesley before forking into Road and Camp Hill.

Coventry Road connects with the five-armed roundabout junction of B4128 Coventry Road/ A45 Highway/ A4540 Bordesley Middleway/A4540 Watery Lane. The Camp Hill fork joins the four-armed roundabout of A34 Stratford Road/A4540 Highgate Middleway/B4100 Camp Hill/A4540 Bordesley Middleway.

To the west of the B4100 Digbeth is a gyratory system where Digbeth, Upper Dean Street, Moat Lane and Park Street connect. Park Street is the western site boundary, becoming Moor Street to the north.

9.4.2 Accessibility

The site is centrally located within Birmingham city centre with the surrounding area comprising of well-established networks of footways providing access to a wide range of local community, education, health, retail and employment facilities.

Pedestrian access to key facilities, including retail areas, employment, health, educational facilities and local transport links are of a good standard. There are wide, well maintained and well lit footways present along both side of Park Street and Digbeth High Street. These help facilitate continuous pedestrian links between the site and facilities located throughout the city centre.

The pedestrian footways along Digbeth High Street, adjacent to the development, are to be widened as part of the Phase 1 development and will provide a more attractive route for pedestrians and those utilising the bus passenger waiting facilities.

Pedestrian crossings are provided to the west and south of the site at the signalled junctions of Digbeth High Street and Moat Lane. Further pedestrian crossings are provided to the north of the site at the junction of Park Street and Moor Street. Tactile paving and dropped kerbs are provided on Allison Street, at the junction with Digbeth High Street.

These crossings provide access from the development to the Bullring Shopping Centre and markets and the wider city centre.

Cycling is considered an important mode of sustainable travel and is generally considered suitable for distances up to 3 miles (4.8km) for regular journeys in urban areas, and 5 miles (8km) for commuting journeys (source: LTN 2/08, Cycle Infrastructure Design).

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The site benefits from proximity to a number of bus lanes, on road signed cycle routes and unsigned advisory on road routes.

The bus lanes provided on Park Street, Moor Street, Moor Street Queensway and Digbeth High Street provide cyclists with facilities segregated from the private vehicle driver.

All of the signalled junctions in the vicinity of the site are accompanied by advance cycle stop lines to assist cyclists.

Signed on road cycle routes are provided to the west of the site along Upper Dean Street and Pershore Street and to the south along Rea Street.

Unsigned on road advisory cycle routes are located in the vicinity of the site including Meriden Street to the east, Bradford Street to the south and Pershore Street and Dudley Street to the west.

The proposed development site lies in close proximity to excellent existing public transport routes. The nearest bus stops to the site are located on Digbeth High Street, adjacent to the site.

The Digbeth High Street southern bus stop benefits from a shelter, travel information and Real Time travel information. The bus services provide connections to the wider Birmingham region including Small Heath, Yardley, Solihull, , the NEC, Birmingham International Airport, Coventry, Sheldon, Tile Cross, Highgate, Kings Heath, Redditch, Wythall, Hamstead, Great Barr, , Cotteridge, , , , Bearwood, Dudley, Perry Beeches and Witton.

The bus stops located on Digbeth High Street provide outbound services, with inbound services dropping passengers off at the stops located on Moat Lane. These stops are a short walk from the development via the pedestrian crossings provided.

The Digbeth High Street southern bus stop is served by approximately 25 buses per hour (one- way) during a typical weekday daytime hour, 22 buses an hour (one-way) on a Saturday and 14 buses an hour (one-way) on a Sunday. The northern bus stop is served by 16 buses per hour during a typical weekday. The northern and southern bus stops provide a combined total of 41 bus services during a typical weekday hour.

There are a further six bus stops located on Upper Dean Street, to the west of the site, adjacent to the Bull Ring Markets. The bus stops are located less than 200m from the site and are served by six bus services which provide 28 services during the morning peak, 69 services during the daytime period, including Saturday and Sunday, and 18 services during the evening.

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The site benefits from being in close proximity to two major railway stations with Birmingham Moor Street located approximately 300m north of the site and Birmingham New Street approximately 700m west of the site.

Birmingham Moor Street offers regular services to the following destinations:

 Kidderminster

 Shirley

 Dorridge

 Great Malvern

 London Marylebone

 Birmingham Snow Hill

Junction

 Stratford upon Avon

 Worcester Foregate Street

 Worcester Shrub Hill

The three main train stations located within Birmingham city centre provide local, regional and national services direct to much of the United Kingdom and are all within a comfortable walking distance of the proposed development.

9.4.3 Permitted Use of the Site

AECOM have calculated the trips which could be generated by the permitted use of the site based on the 2009 Transport Assessment which supported the planning application (2009/00295/PA) for the whole of the original site. The original trip rates were calculated using the TRICS and TRAVL databases and has been previously agreed by BCC.

The permitted trip generation for the site is summarised in Table 9.1.

Table 9.1: 2009 Phases 1, 2 & 3 Permitted Development Trip Generation

Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Car Driver 28 24 37

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Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Car Passenger 7 15 22

Public Transport 1607 898 1210

Taxi 10 23 11

Motorcycle 2 2 1

Bicycle 23 22 23

On Foot 248 317 242

Total 1925 1301 1546

Phase 1 of the overall Beorma development is currently under construction and the land uses of this phase were assessed by the 2009 Transport Assessment with the following permitted trip generation shown in Table 9.2.

Table 9.2: 2009 Phase 1 Permitted Development Trip Generation

Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Car Driver 2 1 2

Car Passenger 1 1 1

Public Transport 454 344 377

Taxi 1 2 1

Motorcycle 0 0 0

Bicycle 2 2 2

On Foot 24 25 23

Total 484 375 406

The 2009 permitted trips for Phases 2 and 3 are shown in Table 9.3.

Table 9.3: 2009 Phases 2 and 3 Permitted Development Trip Generation

Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Car Driver 26 23 35

Car Passenger 6 14 21

Public Transport 1153 554 833

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Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Taxi 9 21 10

Motorcycle 2 2 1

Bicycle 21 20 21

On Foot 224 292 219

Total 1441 926 1140

9.5 Assessment of Project Impacts

An analysis of the traffic and transport effects that could be associated with both the construction phase and overall development proposals is presented below.

9.5.1 Construction Phase

The construction traffic for the proposed development is likely to be divided into three parts, as follows:

 Site Clearance;

 Preparatory Works; and

 Construction Period

It is considered that the preparatory works would take approximately 6-8 weeks and the construction work would be dependent on the phasing of the works. The HGV movements associated with the construction phase will give rise to a temporary moderately negative impact.

The phasing programme would ensure that the type and level of traffic movement would be sequenced to avoid causing intensive and prolonged periods of vehicular activity.

Site Clearance for Construction Traffic

It is considered that the construction traffic would use the access off Allison Street and Well Lane. Construction vehicles would not be permitted to park or load/unload from Park Street or Digbeth.

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Impact on Road Network

The impact on the road network is likely to be limited to Allison Street, Digbeth High Street and the primary road network. The traffic flows undertaken for the 2009 Transport Assessment give an average daily HGV flow on Digbeth High Street of 1879 vehicles, which is the equivalent of 11.8% of the total flow. The relatively high baseline of HGV traffic will ensure that construction traffic generated by the proposed development will not provide a material impact on the highway network.

9.5.2 Operational Phase

The proposed development total person trips have been calculated based on the 2009 agreed trip rates and an updated TRICS assessment for the residential uses. This methodology was agreed with BCC Highways during scoping discussions. The full details are included within the TA produced by AECOM. The results are summarised in Table 9.4.

Table 9.4: Proposed Development Trip Generation

Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Car Driver 60 24 43

Car Passenger 80 24 50

Public Transport 1011 602 788

Taxi 12 12 8

Motorcycle 1 1 0

Bicycle 13 11 14

On Foot 175 194 177

Total 1352 868 1080

The permitted (Table 9.3) and proposed (Table 9.1) traffic generation has been compared in Table 9.5. The results demonstrate that the proposal would result in a slight increase in vehicle trips during the peak hours, with reductions noted in the number of overall person trips to and from the site.

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Table 9.5: Proposed Development Net Trip Generation

Mode of Travel AM Trips (2-way) IP Trips (2-way) PM Trips (2-way)

Car Driver 34 1 8

Car Passenger 73 10 29

Public Transport -142 48 -45

Taxi 3 -9 -2

Motorcycle -1 -1 0

Bicycle -8 -9 -7

On Foot -49 -98 -43

Total -89 -59 -60

It can be seen that the proposed development will have minimal traffic impact on the local highway network and therefore, it has been agreed with BCC that no traffic mitigation measures are required.

9.6 Assessment of Cumulative Impacts

9.6.1 Construction Phase

It is possible that the construction of Phases 2 and 3 and other major developments in the vicinity of the development site will be undertaken simultaneously. Therefore the traffic disruption and other construction effects on pedestrians, the mobility impaired, and cyclists could increase correspondingly. A high level of co-ordination between project teams will therefore be required. Ongoing consultation with the Emergency Services is recommended. Should the Beorma development and other developments, including transport projects such as HS2 and further extension of the Metro, come forward in a similar timescale, liaison and coordination with the promoters of these schemes would also be required when the construction phase of the Phase 2 and 3 of Beorma is planned in detail, so that the cumulative effects can be minimised.

9.6.2 Operational Phase

Once Phases 2 and 3 are in operation there will be a minor increase of traffic flows on local roads as shown in Table 9.5(b). Due to the minimal impact anticipated from the proposed development, detailed capacity assessments of the highway network including committed development flows have not been undertaken, as agreed with BCC. The accessibility of the

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site via sustainable modes will contribute to the low level of vehicular movements anticipated to be generated by the site. Therefore the proposal would not make a material contribution to the cumulative impact of future development.

9.7 Impact Mitigation and Residual Effects

9.7.1 Measures to Ensure Mitigation of Any Adverse Impact

Construction Phase

As part of the planning permission it is likely that the planning authority will install a condition requiring a Construction Environmental Management Plan is produced for the site. This plan would outline the commitment to minimise construction traffic and the disturbance that can be associated with such works by taking reasonable endeavours to manage construction traffic effectively. The plan is likely to include items such as:

Scheduling Construction Works

 No work for the implementation of the development would be permitted on Public Holidays or undertaken outside of the hours 07:00-19:00 Monday to Friday and 07:30- 18:00 hours at weekends and Bank Holidays unless otherwise agreed with the local planning Authority.

Scheduling Deliveries

 Access to the site for HGVs over 7.5 tonnes would be limited to between 09:15-16:30 Monday to Friday.

 Access to the site for heavy plant over 7.5 tonnes would be limited to between 09:15- 16:30 Monday to Friday.

 Access to the site for articulated vehicles over 7.5 tonnes (other than heavy plant) would be limited to 09:15-16:30 Monday to Friday.

 All other vehicles would be restricted to site opening hours.

 A clear signing strategy will be implemented to direct vehicles from Digbeth High Street onto Allison Street. Signage at the site entrance would include times when vehicle access into the site can be obtained.

 Although not desirable, if any vehicles attempt to access the site outside of the agreed hours, there would be little benefit in preventing the driver from accessing the site. In

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such circumstances the vehicle will be allowed to leave the road network in order to prevent unnecessary congestion.

 Avoiding HGV’s queuing into the site on Allison Street or on Allison Street accessing Digbeth High Street through the management of deliveries.

Phasing and Timetabling

 The Construction Managers will be encouraged to operate a ‘just in time’ delivery system so that materials are not brought on to the site until such time that they are genuinely required. This helps to prevent unnecessary travel to/from the site and therefore minimises congestion.

 Avoiding network peak times, as outlined in the delivery schedule above.

Other Mitigation

 Designated haulage routes are to be used and are likely to include Allison Street, Digbeth High Street and the primary road network.

 Wheel washing facilities will be implemented on site to minimise the transfer of mud and debris onto the road network.

It is considered that given the relatively small scale of this site, and the limited duration of the construction period, there would not be any significant environmental impact that would need to be addressed.

Operational Phase

The traffic impacts of the operational phase are considered to be low meaning mitigation will not be required. The following factors contribute to low level of vehicular impact.

Encouraging Environmental Sustainability

Reducing the need to travel, especially by car

The proposed mixed use development will encourage linked trips between the different uses on the site and improve integration with the local community, reducing the need to travel. The proposal will have a minimum operational car parking provision of approximately 30 spaces to encourage sustainable travel. The development will be supported by a Travel Plan.

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Tackling the environmental impact of travel

The site is located in Birmingham city centre and is accessible by walking, cycling and frequent public transport services. Improvements would be made to the pedestrian environment to encourage walking trips and improve the linkages from the site to the city centre including the widening of existing footways on Digbeth High Street, directly adjacent to the site.

The accessibility of the location

The site is located in Birmingham city centre and is highly accessible by public transport. The site is considered to be a prime location for access by non-car borne modes.

Managing the Existing Network

Making best possible use of existing transport infrastructure

Lighting and surfacing improvements in the vicinity of the site would provide benefits in terms of security, aesthetic quality and journey ambience for pedestrians.

Managing access to the highway network

The proposed development has a minimal operational parking provision of approximately 30 spaces which would serve the residential and office elements of the proposed development. It is therefore considered that the proposal would have a minimal impact in terms of the level of traffic on the highway network compared to the extant permission of the site. Therefore no highway mitigation measures are required.

Mitigating Residual Impacts

Through demand management

Traffic generated by the site would be controlled by the availability and allocation of the proposed parking provision which would be for the residential and office elements of the development. The development will be supported by a Travel Plan which would seek to reduce car borne trips generated by the commercial and residential uses on the site.

Through provision of new or expanded road

The site is located in a mature urban environment with an established road network. The Transport Assessment and Travel Plan have principally sought to minimise the number of car trips generated by the site, therefore no expansion of the road network is required.

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9.8 Summary

The site is located within Birmingham city centre and benefits from being in close proximity to retail, leisure and health facilities along with excellent public transport links including three major train stations within 700m and bus stops adjacent to the site. The site is also accessible by walking and cycling and is therefore considered that the site is ideally located to maximise sustainable accessibility.

The permitted use of the site, granted in the 2009 planning permission, comprises a mix of residential, commercial and retail uses.

It is proposed to redevelop the site to provide a mixed use scheme comprising of 223 residential dwellings, 4 live/work units, 1,415m2 of retail and 23,422m2 of office use.

The proposal would provide improvements in terms of pedestrian activity and connectivity of the site to the Bullring and the wider city centre by means of the following proposed works including:

 New pedestrian route from Allison Street to Park Street

 Wider footways on Digbeth High Street

 Pedestrianisation of Orwell Passage including resurfacing.

The TA has sought to demonstrate that the proposed development could produce a small increase in vehicle trips to and from the site during the peak periods above the existing permission for the site.

The proposal would therefore have a minor impact on traffic levels on the surrounding highway network. BCC, as the Highway Authority, are content that the traffic impact of the proposed development will be minimal, and therefore mitigation is not required.

Overall whilst the construction phase of the project will have a moderately negative impact, this is relatively short lived and the long term effect of the development on the local traffic situation will be minor.

Based upon the appraisal of transport impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of MODERATE significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature.

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10 Air Quality

10.1 Introduction

This report describes the potential air quality impacts associated with the proposed development of Phases 2 and 3 of the Beorma Quarter. The assessment has been carried out by Air Quality Consultants Ltd. on behalf of Hoare Lea.

The application site lies within an Air Quality Management Area (AQMA) declared by Birmingham City Council for exceedence of the nitrogen dioxide objective. Nearby existing, as well as new, residential properties could be subject to the impacts of emissions from the proposed energy plant as part of the proposed scheme. The main air pollutant of concern related to the energy plant is nitrogen dioxide.

The proposed development does not include substantial allowance for car parking spaces (only 30 are envisaged), however, the scheme will still lead to a small increase in traffic on the local roads, which may impact on air quality at existing residential properties. The new residential properties and users of the ground-floor outdoor space will be subject to the impacts of road traffic emissions from the adjacent road network. The main air pollutants of concern related to traffic emissions are nitrogen dioxide and fine particulate matter (PM10 and PM2.5).

This report describes existing local air quality conditions (2013), and the predicted air quality in the anticipated year of opening of the proposed development (2017).

This report has been prepared taking into account all relevant local and national guidance and regulations, and follows a methodology agreed with Birmingham City Council.

10.2 Legislation and Policy Context

10.2.1 National Policy

Air Quality Strategy

The Air Quality Strategy published by the Department for Environment, Food, and Rural Affairs (Defra) provides the policy framework (1) for air quality management and assessment in the UK. It provides air quality standards and objectives for key air pollutants, which are designed to protect human health and the environment. It also sets out how the different sectors:

1 Defra (2007) The Air Quality Strategy for England, Scotland, Wales and Northern Ireland, Defra.

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industry, transport and local government, can contribute to achieving the air quality objectives. Local authorities are seen to play a particularly important role. The strategy describes the Local Air Quality Management (LAQM) regime that has been established, whereby every authority has to carry out regular reviews and assessments of air quality in its area to identify whether the objectives have been, or will be, achieved at relevant locations, by the applicable date. If this is not the case, the authority must declare an Air Quality Management Area (AQMA), and prepare an action plan which identifies appropriate measures that will be introduced in pursuit of the objectives.

Clean Air Act 1993

Small combustion plant of less than 20 MW net rated thermal input are controlled under the Clean Air Act 1993. This requires the local authority to approve the chimney height. Plants which are smaller than 366 kW have no such requirement.

National Planning Policy

The National Planning Policy Framework (NPPF) (2012) (2) sets out planning policy for England in one place. It places a general presumption in favour of sustainable development, stressing the importance of local development plans, and states that the planning system should perform an environmental role to minimise pollution. One of the twelve core planning principles notes that planning should “contribute to…reducing pollution”. To prevent unacceptable risks from air pollution, planning decisions should ensure that new development is appropriate for its location. The NPPF states that the effects of pollution on health and the sensitivity of the area and the development should be taken into account.

More specifically the NPPF makes clear that: “Planning policies should sustain compliance with and contribute towards EU limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and the cumulative impacts on air quality from individual sites in local areas. Planning decisions should ensure that any new development in Air Quality Management Areas is consistent with the local air quality action plan”.

Planning Practice Guidance

The NPPF is now supported by Planning Practice Guidance (PPG) (3), which includes guiding principles on how planning can take account of the impacts of new development on air quality. The PPG states that “Defra carries out an annual national assessment of air quality using

2 National Planning Policy Framework (2012), DCLG. 3 DCLG (2014) Planning Practice Guidance, [Online].

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modelling and monitoring to determine compliance with EU Limit Values” and “It is important that the potential impact of new development on air quality is taken into account … where the national assessment indicates that relevant limits have been exceeded or are near the limit”. The role of the local authorities is covered by the LAQM regime, with the PPG stating that local authority Air Quality Action Plans “identify measures that will be introduced in pursuit of the objectives”.

The PPG states that “Whether or not air quality is relevant to a planning decision will depend on the proposed development and its location. Concerns could arise if the development is likely to generate air quality impact in an area where air quality is known to be poor. They could also arise where the development is likely to adversely impact upon the implementation of air quality strategies and action plans and/or, in particular, lead to a breach of EU legislation (including that applicable to wildlife)”.

The PPG sets out the information that may be required in an air quality assessment, making clear that “Assessments should be proportional to the nature and scale of development proposed and the level of concern about air quality”. It also provides guidance on options for mitigating air quality impacts, as well as examples of the types of measures to be considered. It makes clear that “Mitigation options where necessary, will depend on the proposed development and should be proportionate to the likely impact”.

10.2.2 Local Policy

Local Transport Plan

The West Midlands Local Transport Plan 3 (4) states that the West Midlands Metropolitan area “will aim to develop infrastructure which, wherever practicable, enhances the natural environment (biodiversity/habitats, air quality, water, landscape) or mitigates adverse effects”. It will also aim to improve local air quality in pursuit of UK standards and European Directive limits.

Draft Development Plan

Birmingham City Council has published a draft Development Plan, which was submitted to the Secretary of State for examination on 1 July 2014. In discussing the environment and sustainability, it states the following:

4 Centro (2011) West Midlands LTP3.

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“The City’s green infrastructure network provides a wide range of social, economic and environmental benefits. Specifically it…Promotes human health through air quality improvement and recreation opportunities”.

Policy TP36 on health states that:

“The City Council is committed to reducing health inequalities, increasing life expectancy and improving quality of life by…Seeking to improve air quality and reduce noise within the City”.

While, regarding transport, Policy TP37 states:

“The development of a sustainable, high quality, integrated transport system, where the most sustainable mode choices also offer the most convenient means of travel, will be supported. The delivery of a sustainable transport network will require:

 The facilitation of modes of transport that reduce carbon emissions and improve air quality.

 Building, maintaining and managing the transport network in a way that reduces CO2, addresses air quality problems and minimises transport’s impact on the environment.”

Until the Development Plan is formally adopted the saved policies of the 2005 Unitary Development Plan (UDP) (BCC, 2005) (5) remain the relevant planning policy in Birmingham. The UDP states the following in relation to air quality (Policies 3.77 and 3.78):

“The City Council is committed to improving air quality within Birmingham and will require development which minimises or reduces air pollution. This will be addressed in various ways, including:-

 an increase in tree cover throughout the City

 modes of transport which reduce the impact of travel on air pollution

 the use of alternative clean fuels

When assessing planning applications, the implications of new development for air quality will be taken into account.”

5 BCC (2005) Birmingham Unitary Development Plan.

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Air Quality Action Plan

In 2004 the whole of Birmingham was declared an AQMA for exceedences of the nitrogen dioxide and PM10 objectives. The PM10 declaration was subsequently revoked in 2010. In 2011 the Council produced an Air Quality Management Plan (6) for the improvement of air quality within the city. The plan includes a number of actions by which it aims to improve air quality in the city.

10.3 Assessment Methodology and Significance Criteria

10.3.1 Health Criteria

The Government has established a set of air quality standards and objectives to protect human health. The ‘standards’ are set as concentrations below which effects are unlikely even in sensitive population groups, or below which risks to public health would be exceedingly small. They are based purely upon the scientific and medical evidence of the effects of an individual pollutant. The ‘objectives’ set out the extent to which the Government expects the standards to be achieved by a certain date. They take account of economic efficiency, practicability, technical feasibility and timescale. The objectives for use by local authorities are prescribed within the Air Quality (England) Regulations, 2000, Statutory Instrument 928 (2000) (7) and the Air Quality (England) (Amendment) Regulations 2002, Statutory Instrument 3043 (2002) (8).

The objectives for nitrogen dioxide and PM10 were to have been achieved by 2005 and 2004 respectively, and continue to apply in all future years thereafter. The PM2.5 objective is to be achieved by 2020. Measurements across the UK have shown that the 1-hour nitrogen dioxide objective is unlikely to be exceeded where the annual mean concentration is below 60 µg/m3 (9). Therefore, 1-hour nitrogen dioxide concentrations will only be considered if the annual mean concentration is above this level.

The objectives apply at locations where members of the public are likely to be regularly present and are likely to be exposed over the averaging period of the objective. Defra explains where these objectives will apply in its Local Air Quality Management Technical Guidance (Defra, 2009). The annual mean objectives for nitrogen dioxide and PM10 are considered to apply at the façades of residential properties, schools, hospitals etc.; they do not apply at hotels. The 24-hour objective for PM10 is considered to apply at the same locations as the

6 Birmingham City Council (2011) Air Quality Action Plan. 7 The Air Quality (England) Regulations, 2000, Statutory Instrument 928 (2000), HMSO. 8 The Air Quality (England) (Amendment) Regulations, 2002, Statutory Instrument 3043 (2002), HMSO. 9 Defra (2009) Review & Assessment: Technical Guidance LAQM.TG(09), Defra.

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annual mean objective, as well as in gardens of residential properties and at hotels. The 1- hour mean objective for nitrogen dioxide applies wherever members of the public might regularly spend 1-hour or more, including outdoor eating locations and pavements of busy shopping streets.

The European Union has also set limit values for nitrogen dioxide, PM10 and PM2.5. Achievement of these values is a national obligation rather than a local one (Directive 2008/50/EC of the European Parliament and of the Council, 2008 (10)). The limit values for nitrogen dioxide are the same levels as the UK objectives, but applied from 2010 (The Air Quality Standards Regulations (No. 1001), 2010) (11). The limit values for PM10 and PM2.5 are also the same level as the UK statutory objectives, but applied from 2005 for PM10 and will apply from 2015 for PM2.5.

The relevant air quality criteria for this assessment are provided in Table 10.1.

Table 10.1: Air Quality Criteria for Nitrogen Dioxide, PM10 and PM2.5

Pollutant Time Period Objective

1-hour Mean 200 g/m3 not to be exceeded more than 18 times a year Nitrogen Dioxide Annual Mean 40 g/m3

24-hour Mean 50 g/m3 not to be exceeded more than 35 times a year Fine Particles (PM10) Annual Mean 40 g/m3

Fine Particles 3 a Annual Mean 25 µg/m (PM2.5)

a The PM2.5 objective, which is to be met by 2020, is not in Regulations and there is no requirement for local authorities to meet it.

10.3.2 Environment Agency Assessment Criteria

The Environment Agency has considered potential impacts from industrial and boiler emission in its H1 guidance (Environment Agency, 2011). This explains that regardless of what the baseline environmental conditions are, a process can be considered as insignificant if:

10 Directive 2008/50/EC of the European Parliament and of the Council (2008). 11 The Air Quality Standards Regulations (No. 1001) (2010), Stationery Office.

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 the long-term (annual mean) process contribution is <1% of the long-term environmental standard; and

 the short-term (24-hour mean or shorter) process contribution is <10% of the short-term environmental standard.

It should be recognised that these criteria determine when an impact can be screened out as insignificant. They do not imply that impacts will necessarily be significant above these levels merely that above these levels there is a potential for significant impacts that should be assessed using a detailed assessment methodology such as detailed dispersion modelling (as has been carried out for this project in any event).

The approach taken in this assessment is to use detailed dispersion modelling in the first instance, and to apply the Environment Agency screening criteria to the model outputs. Where impacts are shown to be below these screening criteria, they are judged to be insignificant. Where this initial screening shows the potential for significant impacts, then an assessment of the predicted total concentrations needs to be carried out following the IAQM guidance described below.

10.3.3 Descriptors for Air Quality Impacts and Assessment of Significance

Operational Significance

There is no official guidance in the UK on how to describe air quality impacts, nor how to assess their significance. The approach developed by the IAQM (12), and incorporated in Environmental Protection UK’s (EPUK’s) guidance document on planning and air quality (13), has therefore been used. This approach includes elements of professional judgement. Full details of this approach are provided in Appendix 10, along with the professional experience of the consultants preparing the report.

It is important to differentiate between the terms impact and effect with respect to the assessment of air quality. The term impact is used to describe a change in pollutant concentration at a specific location. The term effect is used to describe an environmental response resulting from an impact, or series of impacts. Within this report, the air quality assessment has used published guidance and criteria described in the following sections to determine the likely air quality impacts at a number of sensitive locations. The potential significance of effects has then been determined by professional judgement, based on the

12 Institute of Air Quality Management (2009) Position on the Description of Air Quality Impacts and the Assessment of their Significance, IAQM. 13 Environmental Protection UK (2010) Development Control: Planning for Air Quality, EPUK.

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frequency, duration and magnitude of predicted impacts and their relationship to appropriate air quality objectives.

10.3.4 Assessment Approach

Consultation

The assessment follows a methodology agreed with Birmingham City Council via a telephone discussion and subsequent email correspondence between Peter Porter (Air Quality Officer at Birmingham City Council) and Suzanne Hodgson (Air Quality Consultants) held on 17th September and 23rd October 2014.

Existing Conditions

Existing sources of emissions within the study area have been defined using a number of approaches. Industrial and waste management sources that may affect the area have been identified using Defra’s Pollutant Release and Transfer Register (14) and the Environment Agency’s website ‘what’s in your backyard’ (15). Local sources have also been identified through discussion with Birmingham City Council’s environmental health team, as well as through examination of the Council’s Air Quality Review and Assessment reports.

Information on existing air quality has been obtained by collating the results of monitoring carried out by the local authority. This covers both the study area and nearby sites, the latter being used to provide context for the assessment. The background concentrations across the study area have been defined using the national pollution maps published by Defra (16). These cover the whole country on a 1x1 km grid. Current exceedences of the annual mean EU limit value for nitrogen dioxide have been identified using the maps of roadside concentrations published by Defra (17). These are the maps, currently based on 2012 data, used by the UK Government, together with the results from national AURN monitoring sites that operate to EU data quality standards, to report exceedences of the limit value to the EU.

14 Defra (2014d) UK Pollutant Release and Transfer Register, [Online], Available: prtr.defra.gov.uk. 15 Environment Agency (2014) ‘what’s in your backyard’, [Online], Available: http://www.environment- agency.gov.uk/homeandleisure/37793.aspx. 16 Defra (2014a) Defra Air Quality Website, [Online], Available: http://laqm.defra.gov.uk/. 17 Defra (2014e) UK Ambient Air Quality Interactive Map, [Online], Available: http://uk-air.defra.gov.uk/data/gis- mapping.

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Impacts of the Proposed Energy Plant

Sensitive Locations

In terms of the potential impacts from the proposed energy plant, nitrogen dioxide concentrations have been predicted at a number of locations both within, and close to, the proposed development. Receptors have been identified to represent worst-case exposure within these locations. Seven receptors locations, across varying floor levels, representing existing residential properties, have been identified for the assessment; the locations of which are described in Table 10.2 and shown in Figure 10.1. Twenty-four receptor locations, across varying floor levels, have also been identified within the development. The locations are shown in Figure 10.2 and the modelled floor heights for each phase are described in Table 10.3.

Table 10.2: Description of Receptor Locations, Existing Properties

Receptor Description

Receptor 1 Residential property above Fancy Silk Store (First to Third Floors)

Receptor 2 Residential property adjacent to The Old Bull Tavern (First to Third Floors)

Receptor 3 Residential property above No. 1 Digbeth (First to Third Floors)

Receptor 4 Residential property above The Old Bull Tavern (First to Third Floors)

Receptor 5 Residential property at The Brollyworks (Ground to Second Floors)

Receptor 6 Residential property at The Brollyworks (Ground to Second Floors)

Receptor 7 Residential property at The Brollyworks (Ground to Second Floors)

Receptors modelled at a height of 1.5 m, 4.5 m and 7.5 m for the first, second and third floors respectively.

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Figure 10.1: Modelled Receptor Locations, Existing Properties

Figure 10.2: Modelled Receptor Locations, New Properties

Contains Ordnance Survey data © Crown copyright and database right 2014

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Table 10.3: Modelled Floor Levels for Each Phase

Modelled Floor Height (m) Floor Level Receptor Number Phase 2 Phase 3

Ground N20 to N23 - 1.5

First N16, N20 to N23 - 4.5

Second N14 to N19 - 7.5

Third N14 to N19 - 10.5

Fourth N14 to N19 - 13.5

Fifth N14 to N17, N23 - 16.5

Sixth N14 to N17, N23 - 19.5

Seventh N14 to N17, N23 - 22.5

Eighth N14 to N17, N23 - 25.5

Ninth N14 to N17, N23 - 28.5

Tenth N14 to N17, N23 - 31.5

Eleventh N14 to N17, N23 - 34.5

Twelfth N14 to N17, N23 - 37.5

Thirteenth N1, 3, 5, 7, 9, 11 54.3 40.5

Fourteenth N2, 4, 6, 8, 10, 12, 13 57.3 -

Fifteenth N1, 3, 5, 7, 9, 11 60.3 -

Sixteenth N2, 4, 6, 8, 10, 12, 13 63.3 -

Seventeenth N1, 3, 5, 7, 9, 11 66.3 -

Eighteenth N2, 4, 6, 8, 10, 12, 13 69.3 -

Nineteenth N1, 3, 5, 7, 9, 11 72.3 -

Twentieth N2, 4, 6, 8, 10, 12, 13 75.3 -

Twenty-First N1, 3, 5, 7, 9, 11 78.3 -

Twenty-Second N2, 4, 6, 8, 10, 12, 13 81.3 -

Twenty-Third N1, 3, 5, 7, 9, 11 84.3 -

Twenty-Fourth N2, 4, 6, 8, 10, 12, 13 87.3 -

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Modelled Floor Height (m) Floor Level Receptor Number Phase 2 Phase 3

Twenty-Fifth N1, 3, 5, 7, 9, 11 90.3 -

Twenty-Sixth N2, 4, 6, 8, 10, 12, 13 93.3 -

Twenty-Seventh N1, 3, 5, 7, 9, 11 96.3 -

Twenty-Eighth N2, 4, 6, 13 99.3 -

Twenty-Ninth N1, 3, 5 102.3 -

In addition, concentrations have been modelled for a gridded area which covers both on-site and off-site receptors for the year 2017. The gridded area, which covers an approximate 300 m area around the site boundary, has been modelled for the ground floor (1.5 m) and the 28th floor (99.5 m). The latter has been modelled to show predicted process contributions at the terrace level located at the 28th floor, which will be located near to the proposed energy plant stacks, for assessment against the 1-hour mean nitrogen dioxide objective.

10.3.5 Assessment Scenarios

Predictions of nitrogen dioxide concentrations have been carried out assuming that the plant is installed in 2017.

10.3.6 Modelling Methodology

The impacts of emissions from the proposed energy plant have been modelled using the ADMS-5 dispersion model. ADMS-5 is a new generation model that incorporates a state-of- the-art understanding of the dispersion processes within the atmospheric boundary layer. Entrainment of the plume into the wake of the building has been simulated within the model. The model input parameters are set out in Appendix 10.

Road Traffic Impacts

The proposed development is not anticipated to generate a significant volume of road traffic. Future baseline traffic data and trip generation information have been provided by the project’s Transport Consultant and compared to the screening criteria published by EPUK (18) to allow a qualitative assessment to be made of the potential impacts of the proposed development on local air quality.

18 Environmental Protection UK (2010) Development Control: Planning for Air Quality, EPUK.

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The new residential properties and users of the open space of the proposed development will be subject to the impacts from road traffic emissions from the adjacent road network, due to the location of the site adjacent to a busy junction in the heart of Birmingham city centre. These potential impacts have been considered based on the distance of the new properties to the pollution sources, a consideration of baseline air quality and the likelihood of exceedence of the air quality objectives, using the professional judgment of the consultants preparing the assessment.

10.4 Baseline Conditions

10.4.1 Industrial sources

A search of the UK Pollutant Release and Transfer Register (14) and Environment Agency’s ‘what’s in your backyard’ (15) websites did not identify any significant industrial or waste management sources that are likely to affect the proposed development, in terms of air quality.

10.4.2 Air Quality Review and Assessment

Birmingham City Council has investigated air quality within its area as part of its responsibilities under the LAQM regime. In 2004 the entire city was declared an AQMA for exceedences of the nitrogen dioxide and PM10 objectives, although the declaration for PM10 was revoked in 2010.

Local Air Quality Monitoring

Birmingham City Council operates a number of automatic air quality monitoring stations within its area, the closest of these to the proposed development being a monitoring station at Moor Street Queensway, approximately 250 m North West of the Application site. This monitoring station only became operational in June 2013, thus no calendar year annual mean is available at the time of writing this report.

The Council also operates a number of nitrogen dioxide monitoring sites using diffusion tubes, none of which currently operate near to the application site. Historic diffusion tube monitoring data is however available for monitoring locations along Digbeth High Street; results for three diffusion tube monitoring locations near to the application site for the period 2003 to 2007 are summarised in

Table 10.4 and the monitoring locations are shown in Figure 10.3.

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Table 10.4: Summary of Annual Mean Nitrogen Dioxide (NO2) Diffusion Tube Monitoring (µg/m3) (2003 – 2007)

Site Site Location 2003 2004 2005 2006 2007 No. Type

High Street (adjacent to Digbeth 571 R 62.6 60.3 58.1 58.2 55.4 coach station

39 R Bordesley Street - - - 43.0 -

40 R Park Street - - - 64.0 -

Objective 40

Exceedences of the objectives are shown in bold

Figure 10.3: Site Boundary and Monitoring Locations

Contains Ordnance Survey data © Crown copyright and database right 2014

In the period 2003 to 2007, measured concentrations exceeded the annual mean objective at all monitoring sites. At the diffusion tube site located on Park Street, the measured concentration in 2006 exceeded 60 µg/m3; indicating that concentrations may have exceeded

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the 1-hour mean objective value at this location. It is worth noting there is no relevant exposure to the 1-hour objective in this location. With no recent monitoring, it is difficult to determine current pollutant concentrations at this location, however, due to this area being heavily trafficked and congested, it is considered likely they remain high in this area.

No monitoring of PM10 or PM2.5 concentrations is undertaken close to the proposed development and it is not thought that there are any exceedences of the objectives for these pollutants, given that the AQMA declaration for PM10 has been revoked.

Exceedences of EU Limit Value

There are no AURN monitoring sites within 1 km of the development site with which to identify exceedences of the annual mean nitrogen dioxide limit value. Neither Park Street nor Digbeth High Street are included in the national map of roadside annual mean nitrogen dioxide concentrations, used to report exceedences of the limit value to the EU (19), although this map does show a number of exceedences along busy roads in and around Birmingham city centre. This map shows 2012 exceedences. Detailed maps of predicted future year exceedences are not available.

Background Concentrations

In addition to these locally measured concentrations, estimated background concentrations in the study area have been determined for 2013 and the proposed year of first occupation 2017 (Table 10.5). In the case of nitrogen dioxide, two sets of future-year backgrounds are presented to take into account uncertainty in future year vehicle emission factors. The derivation of background concentrations is described in Appendix 10. The background concentrations are all below the objectives.

19 Defra (2014c) UK Ambient Air Quality Interactive Map, [Online], Available: http://uk-air.defra.gov.uk/data/gis- mapping.

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Table 10.5: Estimated Annual Mean Background Pollutant Concentrations in 2013 and 2017 (µg/m3)

Year NO2 PM10 PM2.5

2013 a 35.2 20.8 13.9

2017 – Without Reductions in Traffic Emissions b 33.8 n/a n/a

2017 – With Reductions in Traffic Emissions c 32.4 19.6 12.7

Objectives 40 40 25

n/a = not applicable a This assumes that road vehicle emission factors in 2013 remain the same as in 2011 (Appendix 10) b This assumes that road vehicle emission factors in 2017 remain the same as in 2011. c This assumes that road vehicle emission factors reduce between 2013 and 2017 at the current ‘official’ rates

10.5 Assessment of Project Impact

10.5.1 Proposed Energy Plant

Concentrations have been predicted at seven locations at the façades of local properties at a range of heights, as described in Table 10.2 and shown in Figure 10.1. The predicted concentrations at the specified points are shown in Table 10.6.

Table 10.6: Predicted Process Contribution of Energy Plant to Nitrogen Dioxide (NO2) Concentrations (µg/m3) at Existing Properties

Annual Mean Concentration

Receptor µg/m3 % of Objective Number Grd. 2nd 3rd Grd. 2nd 3rd 1st Floor 1st Floor Floor Floor Floor Floor Floor Floor

R1 - <0.1 <0.1 <0.1 - <0.1 <0.1 <0.1

R2 - <0.1 <0.1 <0.1 - <0.1 <0.1 <0.1

R3 - <0.1 <0.1 <0.1 - <0.1 <0.1 <0.1

R4 - <0.1 <0.1 <0.1 - <0.1 <0.1 <0.1

R5 <0.1 <0.1 <0.1 - <0.1 <0.1 <0.1 -

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Annual Mean Concentration

Receptor µg/m3 % of Objective Number Grd. 2nd 3rd Grd. 2nd 3rd 1st Floor 1st Floor Floor Floor Floor Floor Floor Floor

R6 <0.1 <0.1 <0.1 - <0.1 <0.1 <0.1 -

R7 <0.1 <0.1 <0.1 - 0.1 0.1 0.1 -

th 99.79 Percentile of 1-hour NO2

Receptor µg/m3 % of Objective Number Grd. 2nd 3rd Grd. 2nd 3rd 1st Floor 1st Floor Floor Floor Floor Floor Floor Floor

R1 - 0.8 0.8 0.8 - 0.4 0.4 0.4

R2 - 0.9 0.9 0.9 - 0.4 0.4 0.4

R3 - 0.9 0.9 0.9 - 0.5 0.5 0.5

R4 - 0.8 0.8 0.8 - 0.4 0.4 0.4

R5 0.4 0.4 0.4 - 0.2 0.2 0.2 -

R6 0.9 0.9 0.9 - 0.4 0.4 0.4 -

R7 0.9 0.9 0.9 - 0.4 0.4 0.4 -

Objective 40 200

The results in Table 10.6 can be compared with the screening criteria recommended by the Environment Agency, as previously described and the following conclusions can be drawn:

 predicted annual mean nitrogen dioxide concentrations (across ground to third floors) at nearby existing properties are well below the screening criterion (1%); and

 predicted 99.79th percentile of 1-hour mean nitrogen dioxide concentrations (across ground to third floors) at nearby existing properties are well below the screening criterion (10%).

Concentrations have also been modelled across a gridded area, to show the extent of the ground-level impacts from the proposed energy plant. The maximum predicted concentrations across the gridded area are presented in Table 10.7.

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Table 10.7: Predicted Maximum Pollutant Concentrations associated with the Proposed Energy Plant (µg/m3), Ground Level

Maximum Grid Area Process Pollutant/Averaging Period Contribution Objective µg/m3 % of Objective

Annual Mean NO2 0.2 0.6 40

th 99.79 Percentile of 1-hour NO2 1.1 0.6 200

Maximum predicted concentrations from each of the three meteorological years considered

The results in Table 10.7 can be compared with the screening criteria recommended by the Environment Agency, as previously described in Section 2, and the following conclusions can be drawn:

 the predicted maximum annual mean nitrogen dioxide concentration (0.6% of the objective) is below the screening criterion (1%);

 the predicted maximum 99.79th percentile of 1-hour mean nitrogen dioxide concentrations (1.1% of the objective) is below the screening criterion (10%).

On the basis of results presented above, the potential for significant impacts from the proposed energy plant at nearby existing properties can be discounted for both the annual mean and 99.79th percentile of 1-hour mean concentrations. Contour plots of the gridded output are provided in Appendix 10, for information.

10.5.2 Road Traffic Impacts

The Development Control: Planning for Air Quality guidance document published by EPUK (EPUK, 2010) includes screening criteria to help determine whether a new development might have a significant air quality impact and therefore require a detailed assessment to be undertaken, to quantify the potential impact of the proposed development on local air quality at existing receptors. The guidance includes the following criteria to help establish when an air quality assessment is likely to be considered necessary:

“proposals that will give rise to a significant change in either traffic volume, typically a change in annual average daily traffic (AADT) or peak traffic flows of greater than ±5% or ±10%, depending on local circumstances (a change of ±5% will be appropriate for traffic flows in an AQMA), or in vehicle speed (typically of more than

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10 kph), or both, usually on a road with more than 10,000 AADT (5,000 if ‘narrow and congested’)”.

Future baseline traffic (20) on Park Street and Digbeth High Street, running adjacent to the site, will be circa 28,900 and 21,500 AADT, respectively. Traffic generated by the proposed development is predicted to be 464 daily trips. This increase in vehicles amounts to between 1.7 to 2.3% of future baseline traffic flows on the adjacent roads. Whilst there will be some heavy duty vehicles (HDVs) associated with the development, these will only be associated with servicing the various uses on the site, which is not expected to increase HDV numbers by a significant amount.

It is acknowledged that due to the high volume of traffic travelling on the roads adjacent to the site, during peak hours, there are periods of heavy congestion in this area. This area forms part of Birmingham’s AQMA and the impact of the high traffic volume and heavy congestion in the area is represented in historic nitrogen dioxide monitoring in the area (see Section 4), which shows measured concentrations well in excess of the annual mean objective. Whilst there is no current monitoring in the area, it is considered very likely that the annual mean objective continues to be exceeded at locations with relevant exposure in this area. The development will increase traffic on these roads, which has the potential to add to congestion in this area and therefore the potential to impact on air quality.

Using the EPUK criteria, the increase in traffic, on its own, associated with the proposed development is not considered to be significant in relation to its impacts on air quality, however, due to the location of the site in the heart of Birmingham city centre, the increase in traffic has the potential to add to congestion on Park Street and Digbeth High Street during peak times, which could have an adverse impact on local air quality at nearby existing residential properties.

10.5.3 Impacts of Existing Pollution Sources on Proposed Development

Proposed Energy Plant

Concentrations have been predicted at locations at the façades of new properties within the proposed development, at a range of heights, as described in Table 10.3 and shown in Figure

20 Baseline traffic data for 2006 were taken from the air quality assessment carried out for the previous planning application for the Beorma Quarter (Salhia Investments Ltd., 2009). The baseline data has been factored forwards to the future baseline year (2017) using a growth factor provided by the project’s Transport Consultant (Aecom). The growth factor applied to the data was 1.0436.

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10.2. The predicted concentrations at the specified points in Phases 2 and 3 are shown in Appendix 10.

The results in Appendix 10 can be compared with the screening criteria recommended by the Environment Agency, as previously described in Section 2 and the following conclusions can be drawn:

 predicted annual mean nitrogen dioxide concentrations at new properties within the proposed development are well below the screening criterion (1%); and

 predicted 99.79th percentile of 1-hour mean nitrogen dioxide concentrations at new properties within the proposed development are well below the screening criterion (10%).

Concentrations have also been modelled across a gridded area at a height of 99.5 m (the height of the roof top terrace of Phase 2), to show the extent of impacts from the proposed energy plant at this level. There is only relevant exposure to the 1-hour mean nitrogen dioxide objective at the roof terrace. The predicted maximum 99.79th percentile of 1-hour mean nitrogen dioxide concentrations was 8.1 µg/m3 (8.1% of the objective). This is below the Environment Agency’s screening criterion of 10%. A contour plot of the terrace level gridded output is provided in Appendix10, for information.

On the basis of results presented above, the potential for significant impacts from the proposed energy plant at new properties within the proposed development can be discounted for both the annual mean and 99.79th percentile of 1-hour mean concentrations.

10.5.4 Road Traffic Impacts

New Residential Units

New residents of the proposed development have the potential to be affected by nearby local pollution sources, namely road traffic emissions from the adjacent Park Street and Digbeth High Street.

With respect to Phase 2 of the proposed development, it is expected that there will be no significant traffic-related impacts on the new properties of the proposed scheme, since residential properties do not begin until the thirteenth floor, at which level the influence of road traffic emissions will be minimal and concentrations similar to background values, which are below the air quality objectives.

With respect to Phase 3, there are live/work units on the ground floor and residential apartments starting at the first floor. Phase 3 will, however, be set more than 50 m from the main roads (Park Street and Digbeth) and will be shielded by the proposed buildings

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comprising Phase 2 and the existing coldstore building of Phase 1. On this basis, it is considered unlikely there will be an exceedence of the air quality objectives at Phase 3.

It is considered therefore that air quality conditions for new residents of the proposed development would be acceptable.

Outdoor Space

Being located at a busy junction in the centre of Birmingham, there is the potential for exceedence of the short-term nitrogen dioxide objective in outdoor space of the proposed development, where people are likely to spend more than 1-hour. As discussed in paragraph 4.6, there is a small potential that the 1-hour objective may be exceeded at locations very near to the road in this area, since a measured concentration higher than 60 µg/m3 was recorded in 2006.

Most proposed outdoor seating space, including restaurants, cafés and seating areas are located in the courtyard (Orwell Place and Terrace) formed by Phases 1, 2 and 3. These spaces are located far enough away from the main roads (Park Street and Digbeth High Street) and will be shielded by the buildings in this area, such as not to be at risk of exceeding the 1-hour mean objective.

Outdoor seating space is also proposed to the west of the proposed St. Martin’s Passage. The exact location of this seating has not yet been determined, however, bearing in mind the results of the 2006 monitoring on Park Street and the business of the junction, there is a small potential that the 1-hour mean objective may be exceeded at locations close to Park Street and/or Digbeth High Street. As a precaution, it is recommended that outdoor seating space should not be located closer than 5 m to the kerbs of these roads.

10.6 Assessment of Cumulative Impacts

It is determined that there will be no cumulative effects from surrounding schemes.

10.7 Impact Mitigation and Residual Effects

10.7.1 Proposed Energy Plant

The assessment has demonstrated that the impacts from the proposed energy plant will not be significant, therefore it is not considered necessary to propose specific air quality mitigation measures for emissions from this source.

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10.7.2 Road Traffic Impacts

The assessment has demonstrated that the scheme will not cause any exceedences of the air quality objectives in areas where they are not currently exceeded, however, there may be slight adverse impacts at existing residential properties adjacent to the site where the objective is currently exceeded.

The proposed development will include a Travel Plan, which will provide measures, information and support initiatives that will provide staff, visitors and residents with the opportunity to reduce the number of car borne trips to and from the development by facilitating the use of sustainable travel; such measures would contribute to reducing emissions. Measures incorporated within the Travel Plan will include promotion of walking, cycling and use of public transport to reduce the need to travel by single occupancy car. Further details on these measures are provided within the Travel Plan for the proposed development.

Mitigation measures to reduce pollutant emissions from road traffic are principally being delivered in the longer term by the introduction of more stringent emissions standards, largely via European legislation. The Council’s Air Quality Action Plan, when it is implemented, should also help deliver improved air quality. It is not considered practicable to propose further mitigation measures for this scheme.

To prevent exposure to the 1-hour nitrogen dioxide objective, it is recommended that outdoor seating areas located to the west of the proposed St. Martin’s Passage should not be located within 5 m of the kerbs of the nearby main roads, namely Park Street and Digbeth High Street. The outdoor seating in this area should be limited to benches etc., and not outdoor seating for restaurants and cafés, which may encourage more time spent in this location.

10.8 Summary

The air quality impacts associated with the proposed development of Phases 2 and 3 of the Beorma Quarter, in Birmingham city centre, have been assessed. Existing conditions within the study area show poor air quality. The proposed development lies in an AQMA declared by Birmingham City Council.

The operational impact of the proposed energy plant on local air quality at existing and new residents of the proposed development has been assessed. Emissions from the proposed energy plant will have a negligible impact on air quality at existing and new properties.

Using criteria suggested by EPUK, the increase in traffic volume associated with the proposed development is not considered to likely lead to a significant change in air quality, however due

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to the potential to add to congestion on Park Street and Digbeth High Street, roads located adjacent to the site, it is judged there is the potential for slight adverse impacts to occur at some first-floor existing residential properties near to the site.

The scheme will include a number of travel plan measures which will encourage modes of travel other than car usage and thereby reduce emissions. These, combined with longer term measures brought in through EU legislation, will help to mitigate the air quality impacts.

There will be no significant impact from road traffic emissions at the facades of the proposed scheme and air quality conditions for new residents would be acceptable. Most of the outdoor seating space will be suitable for its proposed use; it is however recommended outdoor seating space to the west of the proposed St. Martin’s Passage be located more than 5 m from the kerbs of the nearby main roads, Park Street and Digbeth High Street. This is to prevent possible exposure to the 1-hour mean nitrogen dioxide objective in this location.

The overall operational air quality impacts of the proposed development are judged to be minor adverse. This conclusion is based on there being the potential for slight adverse impacts at several existing residential properties where concentrations exceed the nitrogen dioxide objective.

Based upon the appraisal of AIR QUALITY impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be INSIGNIFICANT and long-term or permanent in nature.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

11 Noise and Vibration

11.1 Introduction

An assessment has been made of the existing ambient noise climate at the site of the Beorma Quarter mixed use development. This report details the results of all site measurements and reviews this data with respect to applicable guidance and standards for residential and office development and also the requirements of the local planning authority.

11.2 Legislation and Policy Context

11.2.1 National Policy

National Planning Policy Framework (NPPF)

The National Planning Policy Framework (NPPF) 2012 sets out the Government planning policies for England and how these are expected to be applied.

Section 11, Conserving and enhancing the natural environment, paragraph 123 of NPPF states:

‘Planning policies and decisions should aim to:

 Avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development

 Mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions

 Recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put upon them because of changes in nearby land uses since they were established

 Identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason’

Reference is made to the DEFRA Noise Policy Statement for England 2010 (NPSfE). This latter document is intended to apply to all forms of noise other than that which occurs in the workplace and includes environmental noise and neighbourhood noise in all forms.

NPSfE advises that the impact of noise should be assessed on the basis of adverse and significant adverse effect but does not provide any specific guidance on assessment methods or limit sound levels. Moreover, the document advises that it is not possible to have ‘a single

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

objective noise-based measure…that is applicable to all sources of noise in all situations’. It further advises that the sound level at which an adverse effect occurs is ‘likely to be different for different noise sources, for different receptors and at different times’.

In the absence of specific guidance for assessment of environmental noise within NPPF and NPSfE it is considered appropriate to base assessment on current British Standards and appropriate local or national guidance.

BS8233: 2014

BS8233:2014 ‘Guidance on sound insulation and noise reduction for buildings’ is the current British Standard providing guidance for acoustic requirements within buildings. The Standard advises appropriate criteria and limits for different building types including dwellings.

BS8233 provides guidance regarding acceptable internal and external noise level criteria for dwellings but does not form any statutory requirement to achieve the guidance values provided therein.

The BS8233 internal design criteria for dwellings are detailed in Table 11.1.

Table 11.1: BS8233 internal design criteria for dwellings

Activity Location 07:00 to 23:00 23:00 to 07:00

Resting Living rooms 35 dB LAeq,16hour -

Dining Dining Room / Area 40 dB LAeq,16hour -

Sleeping (daytime Bedroom 35 dB LAeq,16hour 30 dB LAeq,8hour resting)

Section G1 of BS 8233 advises that sound reduction is limited to 15 dB where windows are open.

For gardens and terraces, the Standard states that it is desirable that the steady noise level

does not exceed LAeq,T 50 dB whilst a level of LAeq,T 55 dB would be acceptable in noisier environments. BS 8233 also states that, 'it is also recognized that these guideline values are not achievable in all circumstances where development might be desirable…In such a situation, development should be designed to achieve the lowest practicable levels in these external amenity spaces, but should not be prohibited'.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

11.2.2 Regional Policy

Birmingham City Council Planning Consultation Guidance No.1

Birmingham City Council (BCC) has adopted standard planning requirements with regard to noise and vibration, the guidelines are set out in the EPU document ‘Planning Consultation Guidance No. 1 Noise & Vibration Edition3’ (March 2013). Section 6 of this document sets out the acoustic performance of facades to buildings used for residential purposes with reference to external noise levels (Table 11.2).

Table 11.2: External noise level and acoustic performance as detailed in Section 6 of BCC Planning Consultation Guidance No.1

External noise level Acoustic performance Day Night Windows Ventilators LAeq (dB) LAeq (dB) All windows and doors to Ventilation to habitable rooms habitable rooms to provide a to provide a sound reduction sound reduction index (Rw + Ctr index (Dn,e,w + Ctr dB) of not less dB) of not less than than < 50 < 45 No requirement See Note 1 below 57 52 25 31 60 55 26 32 63 58 29 35 66 61 32 38 69 64 35 41 72 67 38 44 > 72 > 67 See Note 2 below Noise levels shall be rounded up to whole dB to determine the external noise exposure Note 1: Research provided by the World Health Organisation suggests that 'general daytime outdoor noise levels of less than 50dB LAeq are desirable to prevent any significant community annoyance'. Where noise exposure is below this level no specific building envelope sound insulation is required. Note 2: The EPU will not support approval. If consent is granted by Planning Committee then EPU will recommend standards unique to each application upon the request of Planning.

In the case of noise from new plant installations associated with the project, it will be necessary to comply with PGN 1 section 5 ‘Proposed Developments Containing Noise Generating Uses’ which states the following:

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

'Where applications contain noise sources which may have an impact upon existing noise- sensitive uses, the applicant will be required to provide supporting information to allow this impact to be evaluated, in line with the provisions of this section'.

In addition it states that:

'For most general noise sources an assessment should be carried out at the façade of the most noise sensitive premises to demonstrate that the following three criteria would be met:

 The rating level (calculated in accordance with BS4142) is at least 10dB below the existing

ambient noise level (LAeq)

 The rating level (calculated in accordance with BS4142) is at least 5dB below the existing

background noise level (LA90)

 Between the hours of 19:00 and 07:00 the maximum noise level (LAFmax) from the development shall not exceed the LA90 by more than 10dB, however, where the existing background noise level is 45dB LA90 or less, the maximum noise levels shall not exceed

55dB LAFmax.

It is considered that these requirements will need to be achieved at the hotel and residential facades adjacent King Edward House and also at new residential windows within the development.

11.2.3 Local Policy

There are no local policies relevant to noise and vibration.

11.3 Assessment Methodology and Significance Criteria

11.3.1 Noise

Hoare Lea Acoustics has carried out a noise monitoring survey to establish the prevailing noise conditions at the site. The survey primarily comprised automated logged noise level measurements at the Park Street and Well Lane sides of the site over the period Thursday 4th to Friday 5th September 2014. The measurement positions were as follows:

 Position 1 - high level on scaffolding overlooking the junction of Park Street and High Street - the microphone was located approximately 500 mm from the existing façade.

 Position 2 - to the rear of the site overlooking Well Lane and the multi-storey car park

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

The measurement positions are outlined in Figure 11 1.

Figure 11.1: Noise measurement locations

Measurements were made in 5-minute sample periods to determine the LAeq, LAmax and LA90 indices.

All equipment was calibration-checked before and after the survey and no significant drift was observed.

Weather conditions over the survey period were dry with little or no wind and temperatures ranged between13° and 25° Celsius. It is considered that the measurement data obtained is representative of the overall noise climate at site.

All measurements were made with a calibrated precision grade sound level meter in accordance with BS EN 60651 and BS 7445:1993. All equipment was calibration-checked before and after the survey (i.e. no significant drift was observed). The equipment used was a Rion Type NL-52 Sound Level Meter (S/N 00710261) and a Rion Type NA-31 Sound Level Meter (S/N 2497394). The above equipment fulfils IEC 61672 Class 1 and is traceable to calibration under BS7580: Part 1:1997.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

11.3.2 Vibration

Criteria

The primary cause of community concern in relation to vibration generally relates to building damage from construction activities especially from piling. The human body can perceive vibration at levels that are substantially lower than those required to cause superficial damage in buildings such as for example cracks on the ceiling plaster.

BS 5228 – Part 4: 1992 Noise and vibration control on construction and open sites - Code of practice for noise and vibration control applicable to piling operations, states that for residential properties in general good repair, a conservative threshold for minor and superficial, non-structural damage, should be taken as a p.p.v.1 of 10mms-1 for intermittent vibrations and 5mms-1 for continuous vibration. Below these vibration magnitudes, minor damage, i.e. cracks on the wall and ceiling plaster, is unlikely to occur. For industrial and commercial buildings constructed with light structural frames, infill panels and sheet cladding, the assigned threshold is in the order of 20mms-1 p.p.v. for intermittent vibrations and 10mms-1 for continuous vibration. For industrial and commercial buildings with a heavier structure higher p.p.v. of 30mms-1 for intermittent vibrations and 15mms-1 for continuous vibration are allowed.

Methodology

Operations that are considered likely to give rise to significant levels of vibration, such as for example during piling activities, should be monitored at the nearest sensitive area during such works to ensure that the given acceptable limits shown in Table 11.3 are not exceeded, but it is not possible in any meaningful way to pre-emptively model where vibration may occur and at what level.

Table 11.3: Summary of the acceptable vibration limits due to construction works [BS 5228:1992 – Part 4]

Type of Construction Intermittent Vibration Continuous Vibration P.P.V. (mms-1) P.P.V. (mms-1)

Residential in general good repair 10 5

Residential where preliminary survey reveals significant defects 5 2.5

1 P.P.V. peak particle velocity is the instantaneous maximum velocity reached by the vibrating element as it oscillates about its rest position

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Commercial/Industrial light and flexible structure 20 10

Commercial/Industrial heavy and stiff structure 30 15

Regarding people’s response to vibration where generated by piling, transportation traffic or other low frequency sources such as music, the use of Vibration Dose Values (VDVs) is recommended according to the British Standard BS 6472-1:2008 Guide to Evaluation of human exposure to vibration in buildings.

People’s sensitivity to vibration changes at different times of the day as vibration perception is related to standing, sitting or laying down positions. It is reasonable to assume that people will normally be sitting or standing during daytime and lying down during the night. The BS 6472 presents thresholds values that define various degrees of adverse comments in response to building vibration. Table 11.4 presents the summary of the VDVs to which various degrees of adverse comment may be expected during day and night periods.

Table 11.4: Vibration dose values (m/s1.75) above which various degrees of adverse comment may be expected

Place Low probability Adverse Adverse of adverse comment comment comment possible probable

Residential buildings (16 hr day) 0.2 to 0.4 0.4 to 0.8 0.8 to 1.6

Residential buildings (8 hr night) 0.13 0.26 0.51

Measurements should be taken across each of the three orthogonal axes through which vibration can enter the body, i.e. standing, sitting and lying positions.

Again, pre-emptive prediction of the likely levels of vibration that could arise is not practical but measurements can be made during the construction phase if off-site vibration becomes noticeable or likely. Vibration effects if any are only likely to be associated with the construction phase (piling, heavy plant and machinery).

11.4 Baseline Conditions

The development site is located on the south east side of Birmingham City centre at the junction of Park Street and High Street. The site is currently part occupied by commercial buildings with the remainder occupied by the construction site for the Phase 1 development. The surroundings are as follows:

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

 Park Street forms the western site boundary and provides the principal traffic route on the eastern side of the City.

 The southern boundary is formed by High Street which is the principal traffic route through the Digbeth commercial district.

 The northern boundary is formed by a multi-storey car park and by Well Lane which provides access to the site and adjacent commercial premises. Land use across Well Lane to the north appears to be given over to office accommodation.

 The eastern site boundary is formed by Alison Street which provides local traffic access to nearby residential and commercial properties. Land use across Alison Street to the east is given over to residential apartments.

Traffic flows on Alison Street and Well Lane are low with only intermittent vehicle movement.

11.4.1 Position 1

The results of Position 1 site measurements are tabulated in Table 11.5.

Table 11.5: Measured Sound Pressure Levels – Position 1

from to LAeq LAmax LA10 LA90 Day 1 11:00 11:59 73.8 86.1 75.8 66.9 12:00 12:59 72.6 92.6 74.8 66.3 13:00 13:59 71.6 96.8 74.1 64.8 14:00 14:59 71.4 86.2 74.2 64.7 15:00 15:59 71.7 96.2 74.1 63.5 16:00 16:59 72.3 96.8 74.3 63.9 17:00 17:59 72.0 98.3 74.2 62.1 18:00 18:59 70.5 89.2 73.8 61.3 19:00 19:59 70.6 94.3 73.7 60.0 20:00 20:59 69.6 89.5 73.1 59.5 21:00 21:59 68.5 83.3 72.8 57.8 22:00 22:59 67.9 86.5 72.1 55.7 23:00 23:59 67.1 83.0 71.8 54.3 Day 2 00:00 00:59 65.8 90.3 69.9 51.4 01:00 01:59 64.5 82.5 68.8 49.6 02:00 02:59 63.9 80.1 68.4 49.2 03:00 03:59 63.8 80.8 67.9 50.7 04:00 04:59 64.2 85.9 67.9 51.8 05:00 05:59 67.4 96.7 70.9 53.8

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

from to LAeq LAmax LA10 LA90 06:00 06:59 69.2 86.2 73.3 58.9 07:00 07:59 71.7 94.3 75.0 62.6 08:00 08:59 72.0 92.8 75.1 64.5 09:00 09:59 71.9 92.5 74.9 63.7 10:00 10:59 71.7 96.5 74.3 63.5 11:00 11:59 72.2 98.5 74.4 64.8 12:00 12:59 72.1 91.5 74.7 64.8 13:00 13:59 75.6 100.7 74.2 63.1

Measured sample levels have been corrected by -2.5 dB for façade reflection. The corrected

levels ranged between LAeq(5min)73.1dB during daytime and LAeq(5min)56.2 dB during night time (Table 11.).

Table 11.6: Extrapolated mean noise levels for both day and night-time at Position 1.

Period Mean LAeq mean LA10 Mean LA90

Thursday 4th (11:45 – 23:00) 68.8 dB(A) 70.7 dB(A) 62.2 dB(A)

Thursday 4th (23:00 – 07:00) 63.7 dB(A) 67.4 dB(A) 52.5 dB(A)

Friday 5th (07:00 – 13:15) 70.2 dB(A) 72.2 dB(A) 63.9 dB(A)

This equates to a measured daytime average of LAeq,16hr 69.4 dB.

The lowest measured background level was LA90 46.2 dB at 04:20 hours on Friday 5th September 2014.

The survey data indicates that maximum levels during the night at the measurement position,

generally, were in the range LAmax 75-80 dB but with a few event noise levels up to LAmax 85dB.

11.4.2 Position 2

The results of Position 2 site measurements are tabulated in Table 11.7.

Table 11.7: Measured Sound Pressure Levels – Position 2

from to LAeq LAmax LA10 LA90 Day 1 12:00 12:59 63.6 77.3 67.3 59.6 13:00 13:59 63.9 79.1 66.3 58.6 14:00 14:59 61.8 76.6 64.2 57.3

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

from to LAeq LAmax LA10 LA90 15:00 15:59 61.2 80.6 63.2 57.0 16:00 16:59 59.7 79.2 61.2 56.4 17:00 17:59 56.6 75.9 58.2 53.4 18:00 18:59 55.7 76.6 57.6 52.3 19:00 19:59 56.0 74.9 57.4 52.3 20:00 20:59 54.9 74.1 56.3 52.1 21:00 21:59 54.9 67.0 56.5 52.5 22:00 22:59 52.9 75.0 54.2 50.1 23:00 23:59 51.1 68.7 52.8 47.5 Day 2 00:00 00:59 50.1 70.8 51.7 46.3 01:00 01:59 51.4 64.0 52.8 46.3 02:00 02:59 52.3 63.2 53.1 48.4 03:00 03:59 53.7 60.3 54.8 47.6 04:00 04:59 45.7 62.5 48.5 38.5 05:00 05:59 51.2 83.3 51.0 42.4 06:00 06:59 52.1 75.7 53.6 46.5 07:00 07:59 58.7 81.6 59.8 54.3 08:00 08:59 59.2 82.0 60.9 56.0 09:00 09:59 58.5 75.9 60.2 54.6 10:00 10:59 59.1 84.3 60.2 54.0 11:00 11:59 58.1 74.1 59.8 54.7 12:00 12:59 59.6 75.2 62.1 54.9 13:00 13:59 57.7 73.0 61.0 53.4

Measured sample levels ranged between LAeq(5min) 65.5 dB during daytime and LAeq(5min) 43.7dB during night time (Table 11.8).

Table 11.8: extrapolated mean noise levels for both day and night-time at Position 2.

Period Mean LAeq mean LA10 Mean LA90

Thursday 4th (11:45 – 23:00) 59.8 dB(A) 73.9 dB(A) 62.2 dB(A)

Thursday 4th (23:00 – 07:00) 51.4 dB(A) 69.9 dB(A) 52.5 dB(A)

Friday 5th (07:00 – 13:15) 58.7 dB(A) 74.7 dB(A) 63.9 dB(A)

This equates to a measured daytime average of LAeq,16hr59.4 dB. The lowest measured

background level was LA90 35.7 dB at 04:25 hours on Friday 5th September 2014.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

The survey data indicates that maximum levels during the night at the measurement position,

generally, were in the range LAmax 55-60 dB but with a few event noise levels up to LAmax 65 dB.

11.4.3 Existing noise climate

The noise climate across the site is determined by general traffic movements on Park Street and High Street and other nearby roads. During the quieter late evening and night time periods it is probable that there is some contribution from plant associated with nearby commercial premises.

There were no significant noticeable discrete noise sources and the survey data indicates a fairly steady noise climate throughout the daytime and night time with only a gradual falling off of levels during the late evening into the night.

11.5 Assessment of Project Impacts

11.5.1 Noise

Internal noise levels (BS8233 Assessment)

Based upon the corrected site measurement data, it may be extrapolated that, in order to achieve the BS 8233 internal noise criteria, the building fabric to residential areas would need to provide a minimum temporal sound reduction of the order of 34 dB(A) for daytime resting/sleeping and night time sleeping for those elevations overlooking Park Street and High Street. For residential elevations overlooking Well Lane, the corresponding sound reduction requirements are 24 dB(A) daytime and 21 dB(A) night time. It is, however, noted that for phase 2, the residential units are at high level above the office floors and it is probable that this increased distance from the roadway will significantly reduce traffic noise levels. It is anticipated that the sound reduction requirement at the Phase 2 residential floor levels would be of the order of 30 dB.

In practice, the structural components of the building envelope can be expected to provide a sound reduction in excess of 45 dB and will not provide a significant pathway for noise break- in. Greatest sound break-in can be expected to occur via windows.

Data given in BRE IP 12/89 and BS 8233 indicates that, for road traffic and general urban noise, standard thermal double glazing provides a typical sound reduction of the order of 33 dB(A). This reduction would enable the BS 8233 internal criteria to be achieved for all habitable rooms on the development.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

BS 8233 notes that regular individual noise events (for example, scheduled aircraft or passing trains) can cause sleep disturbance. Glazing achieving a typical sound reduction of the order

of 33 dB(A) would reduce internal maximum levels within habitable rooms to less than LAmax 45 dB for the majority of the night time.

In the case of commercial premises, elevations overlooking Park Street and High Street would need to provide a sound reduction of the order of 30 dB(A) whilst elevations to Well Lane and Alison Street would need to provide a reduction of the order of 20-25 dB(A).

Open Windows

The sound reductions discussed above apply to closed windows and BS8233 Section G1 advises that sound reduction across a partially open window will be limited to 15 dB. Under these conditions the BS 8233 internal criteria will be exceeded for rooms on roadside elevations and it will be necessary for these rooms to be provided with alternative means of ventilation. Background ventilation in accordance with Building Regulations requirements can be achieved with proprietary window or wall mounted trickle vents. All such vents would, when open, need to provide a comparable sound reduction to the room window system.

For windows located on internal elevations, there will be a significant reduction of ambient noise levels due to screening effects together with additional distance attenuation and it is considered that these rooms could achieve BS 8233 internal criteria when windows are open.

BCC Assessment

In accordance with the guidance set out in BCC planning consultation guidance document No. 1, the glazing and vent performance requirements for outer elevations are detailed in Table 11..

Table 11.9: Glazing and vent performance requirements for outer elevations set out in BCC planning consultation guidance

Park Street/High Sound level PGN1 Glazing PGN1 Vent Street Requirement Requirement

Daytime LAeq 69.4dB Rw + Ctr 35dB Dn,e,w + Ctr 41dB

Night time LAeq 63.7dB Rw + Ctr 35dB Dn,e,w + Ctr 41dB

Well Lane

Daytime LAeq 59.4dB Rw + Ctr 26dB Dnew + Ctr 32dB

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Night time LAeq 51.4dB Rw + Ctr 25dB Dnew + Ctr 31dB

The derived requirements for Park Street and High Street do not include for any attenuation attributable to the height of the residential floor levels. Allowing for this effect would reduce the sound reduction requirement and it is considered that a more realistic window requirement based upon the BCC criteria would Rw + Ctr 32 dB whilst vents should be rated Dnew + Ctr 38 dB.

It is considered that there will be no specific acoustic requirement for windows on internal elevations where rooms do not have a view of adjacent roads or the multi-storey car park.

In the case of noise from new mechanical services plant, noise limits in accordance with the criteria set by Birmingham City Council document PGN1 are given in Table 11.1010.

Table 11.10: noise limits in accordance with the criteria set by Birmingham City Council document PGN1

Time Ambient Bkgrd Condition 1 Condition 2 Condition 3

>10dB below >5dB below LAmax <10dB Location LAeq LA90 LAeq LA90 above LA90

Park St/High St 62.5 46.2 52.5 41.2 56.2

Well Lane 43.1 35.7 33.1 30.7 55

Based upon Conditions 1 and 2, it is determined that the Rating Level of any mechanical plant

operating during night time should be no greater than LAeq 41.2 dB at the nearest habitable

window on Park Street or High Street or LAeq 30.7 dB on Well Lane. Assuming a character correction of +5dB in accordance with BS4142, the derived plant noise limit levels at the

nearest residential receptors are LAeq 36 dB and LAeq 26 dB respectively.

Based upon Condition 3, it is determined that the noise level of any mechanical plant

associated with the development should be no greater than LAmax 55 dB at the nearest noise sensitive window.

The assessment is based upon the lowest 5 minute night time sample over the survey period and higher levels will be acceptable during daytime.

The above figures indicate the combined noise level of all items of newly installed plant running at 100% load. Without detailed acoustic information, it is not possible to predict the individual contribution of each of the items of plant.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

It will be necessary to assess noise output from all plant installations during the construction phase of the project to ensure compliance with the noise limit criteria.

11.5.2 Vibration

Piling is identified as the activity that generates the highest vibration levels typically associated with construction impacts and the extent of the effect is directly related to the soil condition (which can affect the transmissibility and damping or resonance of the vibration) and distance to the nearest sensitive receptors as the vibration will dissipate over distance. At this preliminary stage the piling method or precise location where piling will take place on the site has not been determined. Furthermore, the proposed buildings will have basements which will reduce the level (elevation) at which piling will take place relative to surrounding land- uses (which again could influence the vibration pattern and intensity that could be experienced at off-site receptors). It should be accepted at the outset that whilst the precise location and intensity of vibration that may be felt associated with the piling cannot be determined in advance of the works, the potential for such impacts should be recognised by the piling contractor and developer and appropriate measures be adopted during the piling works to minimise the potential for vibration disturbance to be experienced by off-site receptors.

There could also be temporary vibration impacts associated with HGV movements bringing materials to the site and with stationary plant such as compressors and generators.

11.6 Assessment of Cumulative Impacts

It is considered unlikely that there will be any additive effects of similar impacts from elsewhere if they may combine with impacts from the development.

11.7 Impact Mitigation and Residual Effects

11.7.1 Noise

On the basis of the site measurement data, it is recommended that all habitable rooms on the outer elevations of the Phase 2 building be provided with windows having a minimum manufacturer's rating of Rw + Ctr 32 dB. Habitable windows to the Phase 3 building which overlook Well Lane should have a minimum manufacturer's rating of Rw + Ctr 26 dB. All habitable rooms to inner elevations which do not have a view of adjacent roads or of the multi-storey car park should be provided with windows having a minimum manufacturer's rating of Rw 30 dB. The reduction should be from the window units as a whole, including the frame and any associated furniture.

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SECTION 11: NOISE AND VIBRATION Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

All habitable rooms throughout the development should be provided with proprietary wall or window mounted trickle vents to achieve background ventilation in accordance with the Building Regulations requirements.

All such vents to rooms on the Phase 2 outer building elevations should, when open, have a minimum rated sound reduction of Dn,e,w + Ctr 38 dB. For the phase 3 Well Lane elevation, the minimum rated sound reduction should be Dnew + Ctr 32 dB. All windows to commercial units on both phases should have a minimum manufacturer's rating of Rw 33 dB.

All new plant installations associated with the development should be selected, sited and installed to achieve the limit criteria derived in section 7.3 of this report. The total noise level

for all plant operating at rated output should not exceed a Rating Level of LAeq 41 dB when

measured at any habitable window on Park Street or High Street or a Rating level of LAeq 31 dB when measured at any habitable building on Well Lane.

11.7.2 Vibration

Quieter piling plant and techniques should be used, where reasonably practicable, to reduce the potential for adverse impact. Similarly, where possible, if using multiple piling rigs, operating piling rigs in clusters (i.e. all together in one area) should be avoided. Stationary plant such as generators, pumps and compressors should be located as far as possible from sensitive receptors and where practicable isolated from the ground or other structures that are continuous with that of the sensitive premises, using resilient mountings to dampen vibration effects where this is not possible. In some instances it may be possible to reduce vibration transmission by cutting a structure (e.g. slab) to separate site work from sensitive premises. Clearly, it is important to take account of safety and structural issues before carrying out any work of this nature, but this approach is unlikely to be applicable on this site given that there will be substantial excavation of the site into natural soils before piling commences, rather than working off an existing slab.

It is recommended that during the piling activities, if vibration is evident or likely off site, monitoring of the vibration levels should be undertaken at the identified sensitive receptors to verify compliance with the recommended limits. Reference should be made to the existing ambient vibration levels from trains, road traffic, etc., which should be measured prior to commencement of monitoring of the piling activities.

HGV deliveries of construction materials will be managed to avoid standing queues or intense periods of activity and the size of the site itself precludes large scale localised vehicle manoeuvring which is when vibration potential would be at its highest. The routing of vehicles into and out of the site should avoid idling and revving of vehicles outside sensitive (residential) properties.

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11.8 Summary

Measurements and observations made at this site indicate that the noise climate is determined by general road traffic to the west and south of the site.

The survey data indicates that BS 8233 requirements within dwellings can be achieved by use of appropriate acoustic rated windows and vents.

Similarly, BCC planning requirements can be achieved with appropriate acoustic rated windows and vents.

It will be necessary to limit noise emissions from all plant associated with the new development to ensure compliance with the BCC planning criteria and it will be necessary to review plant selection and location during the construction phase.

Construction and vibration works will need to be controlled and managed to reduce the impact to acceptable levels at the nearest identified noise sensitive receptors (residential users). It may be necessary to provide noise and vibration monitoring to certify compliance with the adopted criteria and noise limits if during construction works it becomes evident that noise and vibration nuisance could be occurring.

Based upon the appraisal of noise & vibration impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature.

GLOSSARY

AADT Annual Average Daily Traffic

ADMS-5 Atmospheric Dispersion Modelling System model for point sources

AQMA Air Quality Management Area

AURN Automatic Urban and Rural Network

CHP Combined Heat and Power

Defra Department for Environment, Food and Rural Affairs

EPUK Environmental Protection UK

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Exceedence A period of time when the concentration of a pollutant is greater than the appropriate air quality objective. This applies to specified locations with relevant exposure

IAQM Institute of Air Quality Management

LAQM Local Air Quality Management

LDF Local Development Framework

μg/m3 Microgrammes per cubic metre

NO Nitric oxide

NO2 Nitrogen dioxide

NOx Nitrogen oxides (taken to be NO2 + NO)

NPPF National Planning Policy Framework

Objectives A nationally defined set of health-based concentrations for nine pollutants, seven of which are incorporated in Regulations, setting out the extent to which the standards should be achieved by a defined date. There are also vegetation-based objectives for sulphur dioxide and nitrogen oxides

PM10 Small airborne particles, more specifically particulate matter less than 10 micrometres in aerodynamic diameter

PM2.5 Small airborne particles less than 2.5 micrometres in aerodynamic diameter

PPG Planning Practice Guidance

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12 Ecology and Nature Conservation

12.1 Introduction

This chapter provides an assessment of the ecological impacts associated with the proposed development at Beorma Quarter in Birmingham. The assessment identifies relevant ecological receptors and the potential effects that may result from the construction and operation of Phases two and three of the proposed development. Potential effects are assessed in regards to the Site itself and within the zone of influence. The significance of any ecological impacts will be determined, and mitigation measures required to offset such impacts will be described. Any residual impacts that are considered likely to remain following implementation of the described mitigation measures are also reported, along with potential cumulative effects that may occur in conjunction with other nearby developments.

An ecological impact assessment (EcIA) was produced for the proposed development by The Ecology Consultancy in 2009. Due to the age of the data collected and the changes to the scheme design, further ecological survey work was undertaken during 2014 to provide updated baseline information to inform the assessment. The evaluation of potential ecological impacts has been informed by the results from the following reports:

 Update Preliminary Ecological Appraisal. Beorma Phase 2 and 3, Birmingham. The Ecology Consultancy, 2014a; Reference 140818);

 Bat Presence/Likely Absence Surveys. Beorma Phase 2 and 3, Birmingham. The Ecology Consultancy, 2014b; Reference 140818);

 Bat Survey Report. Beorma, Digbeth, Birmingham. The Ecology Consultancy, 2010a; Reference 10/155); and,

 Black Redstart Survey. Beorma, Digbeth, Birmingham. The Ecology Consultancy, 2010b; Reference 10/155).

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12.2 Legislation and Policy Context

12.2.1 National Policy

The Conservation of Habitats and Species Regulations 2010 (as amended)

The Conservation of Habitats and Species Regulations 2010 (as amended) is transposed from European legislation issued by Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the ‘Habitats Directive’). The regulations provide for the designation and statutory protection of ‘European sites’ including Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) that form a wider network termed Natura 20001. Protection is also given to certain species of flora and fauna, which are referred to as ‘European Protected Species’ (EPS)2.

Wildlife and Countryside Act 1981 (as amended)

The Wildlife and Countryside Act 1981 (as amended) provides legal protection for a range of wild animal and plant species. It also contains measures to prevent the establishment of non- native animal and plant species that may be of detriment to native wildlife. The Act provides for the notification of statutory designated Sites of Special Scientific Interest (SSSIs), and details the legal requirements for their protection and management. Species relevant to the Site that are subject to protection under the Act include all bat and bird species. Black Redstart is afforded additional protection under schedule 1 of the act.

The Natural Environment and Rural Communities (NERC) Act 2006

The NERC Act 2006 makes provision for Natural England and other related public bodies to conserve, manage and enhance the natural environment within England and Wales. In particular, every public authority must have regard to the purpose of conserving biodiversity. The consideration for biodiversity in England is guided by Section 41 of the Act and the Secretary of State’s published list of habitats and species which are of ‘principal importance for the purpose of conserving biodiversity’ (referred to as ‘Habitats of Principal Importance’ and ‘Species of Principal Importance’), and should be regarded as a material consideration in the planning process.

1 www.natura.org 2 http://naturenet.net/law/europe.html

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The Countryside and Rights of Way Act 2000 (CRoW) Act 2000

The CRoW Act amended certain provisions of the Wildlife and Countryside Act 1981 (as amended). These include increased measures for the management and protection for Sites of Special Scientific Interest (SSSI), the strengthening of wildlife enforcement legislation, and a duty upon all government bodies to consider biodiversity in the course of their actions.

National Planning Policy Framework 2012 (NPPF)

The NPPF outlines the Government’s planning policies for England and provides planning practice guidance to encourage sustainable development. Planning law requires that applications for development are determined in accordance with the Local Plan for the area, and planning policies must reflect relevant EU obligations and statutory requirements. In order to achieve sustainable development, the Framework includes a number of policies in Chapter 11 ‘Conserving and enhancing the natural environment’, which include the protection of international sites, national sites, regional and local sites and protected species through the planning process. The NPPF also emphasises the importance of ecological networks via preservation, restoration and re-creation.

12.2.2 Regional and Local Policy

The Birmingham Plan - Unitary Development Plan 2005

The Unitary Development Plan (UDP) contains policies and proposals that currently guide development and land use across the City, and is the existing Development Plan for Birmingham. The UDP will soon be replaced by The Birmingham Development Plan (BDP) and other key planning policy documents currently being prepared, known as Development Plan Documents, which will set out the statutory framework to guide decisions on development and regeneration in Birmingham up to 2031. The BDP was submitted to the Secretary of State for examination on 1 July 2014.

In September 2008, the Secretary of State agreed to save all but three policies in the UDP until they are replaced by Development Plan Documents. The UDP includes the following policies in Chapter 3 – Environment, that cover the topic of nature conservation, and are relevant to the proposed development:

‘3.38 Schemes including reclamation of derelict land, and new developments, particularly those on open land, will be expected to respect, and where possible enhance, the local environment, for example through the retention of existing trees and through planting and landscaping schemes using native species where appropriate, with the objective of maximising wildlife value. The retention and enhancement of existing tree cover, hedgerows, wildlife

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habitats and geological features will be supported in order to ensure that the natural heritage of an area is not lost. Development proposals which lead to the loss of a valuable wildlife habitat should make provision for a replacement habitat of equal value.’

‘3.39A A comprehensive Nature Conservation strategy has been prepared and adopted as Supplementary Planning Guidance. This identifies those parts of the City which are particularly valuable from a nature conservation aspect, acknowledges and recognises the value of green corridors and networks, and includes many areas which form part of the City’s open space system (see also paragraph 3.47). Those parts of the City currently lacking in wildlife habitats are identified in the strategy as Wildlife Action Areas. Policies to ensure local biodiversity, appropriate management and adequate public access are included. These may be secured through the use of Section 106 agreements. In addition, the Birmingham and Black Country Biodiversity Action Plan provides additional information supporting the Nature Conservation Strategy.’

Nature Conservation Strategy - Supplementary Planning Guidance (SPG) 1996

The Nature Conservation Strategy for Birmingham was adopted as Supplementary Planning Guidance in November 1996. The Strategy is a material consideration in the planning process and contains a number of policies that provide advice and guidance for the conservation of the City’s biodiversity. The Strategy places emphasis on protecting the City’s Critical Nature Capital, which includes sites, habitats and species that are of importance to nature conservation in Birmingham. Policies 10, 11, 12, 14, 15, 16, 20 are of particular significance to the site.

Birmingham and Black Country Biodiversity Action Plan 2010

The Birmingham and Black Country Biodiversity Action Plan (LBAP) is a document produced by a steering group of partners including representatives from Birmingham City Council. The LBAP has 16 Habitat Action Plans and 22 Species Action Plans, which identify habitats and species that are present within Birmingham and the Black Country, and are classed as nationally or locally rare. The Habitat and Species Action Plans set out a course of action with targets for improvement and conservation. The following action plans are of potential relevance to the Site:

 Habitat Action Plan – Buildings and the built environment.

 Species Action Plans – Bats and Black redstart.

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12.3 Assessment Methodology and Significance Criteria

The assessment identifies and evaluates the significant ecological effects associated with the construction and operational phase of the proposed development. The potential impacts on ecological receptors as a result of the proposed development were determined following guidance and definitive standards. The methodology and assessment criteria that have been used to determine the consequence of significant impacts, are described below.

Impact Assessment Methodology

The assessment methodology has been prepared with reference to the Guidelines for Ecological Impact Assessment (EcIA) published by the Institute of Ecology and Environmental Management (IEEM) in 2006. The following key stages were employed to carry out the assessment:

 Determination of the zone of influence of the development.

 Determination of potential ecological receptors within the zone of influence.

 Identification of the impacts that are likely to affect valued ecological receptors.

 Assessment of the ecological significance caused by potential impacts.

 Identification of appropriate avoidance, mitigation, compensation and enhancement measures for significant negative impacts.

 Evaluation of predicted residual impacts on valued receptors.

 Provision of advice for the potential consequences caused by significant ecological impacts.

The first stage of the assessment necessitated the review of proposed activities that will occur during the construction and operation phase of the project, and delineation of an appropriate area that may be affected by the proposed activities. The study boundaries included any areas that were affected either directly or indirectly by the construction and operation phase of the proposed development, and was defined as the zone of influence. The zone of influence will be largely confined to the Site, however, other potential impacts such as noise and light disturbance could extend up to 1km beyond the Site’s boundary. Determination of the zone of influence requires consideration of the sensitivity of offsite habitats and species that may be affected by impacts associated with the proposed development.

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The second stage requires the value of an ecological receptor to be determined within a defined geographical frame of reference. The value that is assigned to a receptor will establish its importance as an ecological feature. An ecological receptor may be of value in terms of the following:

 International;

 UK;

 National ( i.e. England);

 Regional (e.g. in West Midlands);

 County (or Metropolitan – e.g. in Birmingham);

 District (or Unitary Authority, City or Borough - e.g. in Birmingham);

 Local or Parish (e.g. the City or Digbeth Quarter); and,

 Zone of influence only (the Site).

Some ecological receptors have a pre-determined value that is assigned due to their importance for nature conservation. These receptors will include sites or features designated for their nature conservation interest. Examples include internationally or nationally designated sites such as Special Areas of Conservation (SACs), Special Protection Areas (SPAs), Ramsar, Sites of Special Scientific Interest (SSSIs) or National Nature Reserves (NNRs), and locally designated sites such as Local Nature Reserves (LNRs), Sites of Nature Conservation Importance (SNCIs), and locally designated wildlife sites.

The importance of ecological receptors are identified for their biodiversity value, , for example, through the consideration of rare or uncommon animal or plant species, population size, species distribution, Habitats of Principal Importance, Species of Principal Importance, Biodiversity Action Plans that include Habitat Action Plans (HAPs) and Species Action Plans (SAPs). However, BAPs, HAPs and SAPs are produced to guide conservation action and are not used as a standalone factor to determine value for an ecological receptor. The value of ecological receptors was also assessed with reference to their potential value, supporting value ( i.e. as they act as a buffer to another site), social, and economic value.

The third stage of the assessment involves determining the significance of the ecological impacts that have been identified as a result of the construction and operation phases of the proposed development. The assessment will identify the requirement for mitigation and/or

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legal obligations that should be adhered to in order to maintain the ecological interest of the site.

Legally protected sites and species are subject to European and/or national legislation. Legal guidance should be followed in order to determine whether the proposed development will cause contravention of legal status or protection to a site or species, or have any significant effect on the integrity of an ecological receptor. The presence of any legally controlled plant species will also be assessed in terms of their negative benefit, and advice regarding legislation and potential ecological impacts due to their presence, will be provided.

Significance Criteria

The scale of an ecological impact has been determined at the valuation stage, where both positive and negative impacts resulting from the construction and operation phase of the proposed development are determined. Cumulative impacts will be addressed by assessing the ecological impacts of the proposed development in the context of the predicted baseline conditions.

IEEM (2006) define a significant impact, in ecological terms, as an impact (positive or negative) on the integrity of a defined site or ecosystem and/or the conservation status of habitats or species within a given geographic scale.

Significant impacts on ecological receptors should be mitigated (or compensated for) in accordance with the guidance derived from policies applied at the scale relevant to the receptor.

In reasonable accordance with IEEM (2006), the degree of confidence awarded for the occurrence of predicted ecological impacts will be based on a four point scale and assigned to each potential ecological receptor, as follows:

 Certain/near-certain – probability estimated at 95% or higher.

 Likely – estimated above 50% but below 95%.

 Unlikely – estimated above 5% but below 50%.

 Extremely unlikely – probability estimated at less than 5%.

When identifying and describing biodiversity impacts, reference is made to the following parameters where possible:

 Magnitude – the size or amount of an impact, determined on a quantitative basis where possible;

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 Extent – the area over which the impact occurs;

 Duration – the time for which the impact is expected to last prior to recovery or replacement of the resource or feature;

 Reversibility – an irreversible (permanent) effect is defined as one from which recovery is not possible within a reasonable timescale or for which there is no reasonable chance of action being taken to reverse it. A reversible (temporary) effect is one from which spontaneous recovery is possible or for which effective mitigation is both possible and enforceable;

 Timing and frequency – some impacts are only likely if they happen to coincide with a critical life-stage or season. Others may occur if the frequency of an activity is sufficiently high; and,

 Characterisation of the change and impact – in order to characterise the likely change and impact, it is necessary to take into account all the above parameters.

Therefore, the value of the receptor is used to determine the geographic scale at which the impact is significant. For example, an ecologically significant impact on a feature of value at the district level is regarded as a significant impact at up to the district level but is unlikely to result in significant impacts at a greater geographical scale.

Quantification of these impacts in relation to comparative assessment between environmental disciplines requires consistent assessment criteria to be used throughout. As such, the following parameters have been used in addition to IEEM (2006) guidance in order to determine the magnitude of a significant impact upon a receptor. The potential magnitude of the impact will be rated from major to negligible. The type of potential impact on an ecological receptor will be referenced in terms of their positive or negative effects on biodiversity (beneficial or adverse), and based upon expert assessment using one of the following criteria descriptors:

 Major: Adverse – loss of resource and/or quality, severe damage to key characteristics, features or elements. Beneficial – Large scale or major improvement of resource quality, extensive restoration or enhancement, major improvement of attribute quality;

 Moderate: Adverse – loss of resource, but not adversely affecting the integrity. Partial loss of/damage to key characteristics, features or elements. Beneficial – Benefit to, or addition of, key characteristics, features or elements, improvement to attribute quality;

 Minor: Adverse – Some measurable change in attributes, quality or vulnerability; minor loss of, or alteration to key characteristics, features or elements. Beneficial – Minor

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benefit to, or addition of key characteristics, features or elements; some beneficial impact on attribute or a reduced risk of negative impact occurring; and,

 Negligible: Adverse – Very minor loss or detrimental alteration to one or more characteristics, features or elements. Beneficial – Very minor benefit to, or positive addition of, one or more characteristics, features or elements.

The ecological impact assessment will also be carried out using the criteria in Table 12.1 below which is based on professional judgement. The impact significance is determined through cross-referencing the value of the receptor at its geographical level, and the magnitude of the impact.

Table 12.1: Significance of ecological impacts

Value of receptor Magnitude of impact

High Moderate Low Negligible

International Major Major Major/Moderate Moderate

National Major Major/Moderate Major/Moderate Minor

Regional Major/Moderate Moderate Moderate Minor

Local Moderate Moderate Moderate/Minor Minor

Within immediate Moderate Minor Minor/Negligible Negligible vicinity of site

Survey Methodology

Baseline ecological information for the site was collected from the following surveys and appropriate methods:

 Desk study: An ecological desk study for the presence of statutory and non-statutory sites, and records of legally protected species3 and Species of Principal Importance4 in the past ten years, were supplied within a 1km radius of the Site by EcoRecord (EcoRecord, 2014). Information was also sourced from Multiple Agency Geographic Information Centre

3 Legally protected species include those listed in Schedules 1, 5 or 8 of the Wildlife and Countryside Act, 1981; Schedule 2 of the Conservation of Habitats and Species Regulations 2010; or in the Protection of Badgers Act, 1992 4 Species of Principal Importance are those listed on Section 41 of the Natural Environment and Rural Communities Act, 2006

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(MAGIC). The desk study is reported in Preliminary Ecological Appraisal (The Ecology Consultancy, 2014a).

 Extended Phase 1 Habitat survey: An update Phase 1 Habitat survey of the site was carried out 18 September 2014. Habitats were described and mapped following standard Phase 1 Habitat survey methodology (JNCC, 2010). The Site was also surveyed for the presence of invasive plant species as defined by Schedule 9 of the Wildlife and Countryside Act, 1981. The potential of the site to support protected species was assessed from field observations carried out at the same time as the habitat survey. See Preliminary Ecological Appraisal (The Ecology Consultancy, 2014a).

 Bat surveys: Bat presence/likely absence surveys were undertaken during June 2010 and updated in September 2014. The buildings on site were assessed for their potential to support roosting bats, following survey methodology set out by the Bat Conservation Trust; Guidelines (BCT, 2007) and Bat Survey - Good Practice Guidelines 2nd Edition (Hundt, 2012). See Bat Survey (The Ecology Consultancy, 2010a) and (The Ecology Consultancy, 2014b).

 Black redstart survey: A black redstart survey was undertaken between May and July 2010, following survey methodology set out by Gilbert et al., 1998. See Black Redstart Survey (The Ecology Consultancy, 2010b).

The limitations of the baseline survey methods are discussed in their respective reports. Despite these limitations, the survey effort is considered adequate to inform this impact assessment.

The previous Environmental Statement (The Ecology Consultancy, 2009) for Phase 1 of the proposed development was also used to evaluate the significance of ecological receptors that will be affected within the zone of influence.

12.4 Baseline Conditions

The following section outlines the baseline ecological conditions at the Site and within the zone of influence from the results of the above surveys.

Designated Sites

The Site does not form part of a non-statutory designated site. There are two non-statutory designated sites located within a 1 km radius of the Site, details of which are provided in Table 12.2 below.

Table 12.2: Non-statutory designated sites within a 1 km radius of the Site

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Site name and Reason for Designation Area in Distance and Designation hectares (ha) Direction from Site

Digbeth Branch Canal Canal tunnel linking 0.16 400 m NE Site of Local and Birmingham and Fazeley Canal. Importance for Nature Limited aquatic flora and associated Conservation (SLINC) habitats with narrow strips of scrub, tall herb and neutral grassland. Grand Union Canal Site Canal with relatively diverse associated 0.46 700 m NE of Local Importance for corridor habitats including well Nature Conservation wooded cuttings and narrow verges of (SLINC) neutral grassland and tall herb.

Habitats

The habitats on site consisted of a complex of buildings (some derelict, with residential and commercial use), hard-standing, introduced shrub and semi-improved (species poor) grassland. The introduced shrub was comprised of dense butterfly bush and one young rowan tree. Three small areas of semi-improved (species poor) grassland comprised of grass species considered to be typical of such habitat, with occasional Canadian fleabane and herb Robert. No invasive plant species were recorded on site.

The majority of the habitats on site were man-made and recently established. No notable or species-rich assemblages were recorded during the survey. As such, the habitats were assessed to be of value within the zone of influence only and as such, are considered to be of negligible integral ecological value.

Species

Bats

The desk study provided five records for bats within 1km of the Site, of which three records were for common pipistrelle, recorded nearest the Site at 580m north-east in 2008. Two records were provided for unconfirmed bat species, of which the nearest record was provided for a roosting unconfirmed bat species, located 320m north-east of the Site in 2010.

The buildings on site had a number of features that could support roosting bats including cracks, holes in the brickwork, and air vents which allow access to the internal space. The Site supported limited foraging habitat, comprised of a small area of scattered scrub and grassland. The Site was located within a well-lit urban environment, which was dominated by a high density of buildings and hard-standing. The surrounding area supported more suitable

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foraging/commuting habitat including the River Rea located 330m south-east and small areas of opens green space located 700m south-west and 240m north-east from the Site.

Bat presence/likely absence surveys confirmed that bats roosts are likely to be absent from the buildings on site. During the surveys, a single common pipistrelle was recorded foraging in the south-west corner of the Site and three passes by common pipistrelle bats were noted outside the zone of influence.

Pipistrelle bats are the most common and widespread of all British bat species5 and are generally considered to be in favourable conservation status6. As such, the bat assemblage associated with the site is of value within the zone of influence only. This is due to the presence of low numbers of a single common species of bat, poor quality roosting and foraging habitat on site, and the likely absence of a bat roost within the buildings on site.

All bat species are protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and Schedule 5 of the Wildlife and Countryside Act 1981 (as amended).

Black redstart

The desk study returned 33 records for black redstart within a 1km radius of the site. The nearest record to the Site was provided for the presence of breeding black redstart 200m north-west from the Site in 2007. The species was recorded present at the same location in 2009.

The derelict buildings on site supported a number of perches and ledges that could support nesting black redstart. The Site contained limited, low quality foraging habitat comprised of scattered scrub. The surrounding area supported a high density of tall buildings immediately adjacent to the site, and a network of canals located 330m, 420m, 980m and 1.1km distant, which offer numerous opportunities for nesting and foraging black redstart in the local area.

Black redstart surveys during spring/summer 2010 confirmed the presence of one singing adult male during one of the survey visits, however the species was not considered to have utilised the survey area as a breeding site.

Black redstart is an Amber-list Bird of Conservation Concern7 due to the decline in breeding numbers and it’s rarity as a breeding bird in the UK. West Midland Bird Club has indicated that

5 http://www.bats.org.uk/data/files/Species_Info_sheets/commonpipistrelle_11.02.13.pdf 6 http://jncc.defra.gov.uk/pdf/Article17/FCS2007-S1309-Final.pdf 7 Amber List species are those with Unfavourable Conservation Status in Europe; those whose population or range has declined moderately in recent years; those whose population has decline historically but made a substantial recent recovery; rare breeders; and those with internationally important or localised populations

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Birmingham and the Black Country held a nationally significant breeding population8. Black redstart is also listed in the Birmingham and Black Country Biodiversity Action Plan.

The presence of a singing male demonstrates that the site may form part of a wider territory, or help to maintain the distribution of this species in the region. However, the absence of confirmed breeding and recent records on site, and the limited extent of foraging habitat present, indicates that the black redstart assemblage associated with the Site is of local value.

Black redstart is listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended).

Other bird species

The desk study returned records for ten other bird species within a 1km radius of the Site; none of those records were submitted for sightings within the zone of influence; those that are relevant include house sparrow, dunnock and starling, which were considered most likely to utilise the Site due to the presence of suitable habitat. The nearest records to the Site were provided for house sparrow and dunnock, at 200m north from the Site in 2007.

The derelict buildings on site provided numerous visible access points and nesting sites for a range of common bird species, and the limited area of introduced shrub had potential to support low numbers of widespread nesting and foraging birds including house sparrow, dunnock and starling. The surrounding area was highly urbanised, with numerous buildings immediately adjacent to the Site and suitable nesting and foraging habitat located 700m south-west and 240m north-east from the Site in small areas of open green space. The Site was considered unsuitable for nesting and/or foraging swift, kestrel, and peregrine falcon.

The black redstart survey in 2010 confirmed the presence of a pair of nesting dunnock. A number of other widespread species were confirmed present but not breeding on site these include: house sparrow, goldfinch, blue tit, wren, blackbird, wood pigeon, magpie and carrion crow.

Of those species recorded on site, dunnock and house sparrow are Species of Principal Importance9. Dunnock is an Amber-list Bird of Conservation Concern10 due a short-term decline in its breeding population and house sparrow is a Red-list Bird of Conservation

8 http://www.bbcwildlife.org.uk/sites/default/files/bbcbapfinal2010.pdf 9 Species of Principal Importance as listed on Section 41 of the National Environment and Rural Communities Act, 2006 10 Amber List species are those with Unfavourable Conservation Status in Europe; those whose population or range has declined moderately in recent years; those whose population has decline historically but made a substantial recent recovery; rare breeders; and those with internationally important or localised populations

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Concern11 due to the long-term decline in its breeding population. However, both species are still common and widespread species in the UK.

Due to the limited extent of nesting and foraging habitat on site, the low number of records provided in the local area, and the widespread distribution and abundance of species that were recorded, the assemblage of other common bird species associated with the Site is of value within the zone of influence only.

All wild birds, their nests and eggs are protected under Sections 1-8 of the Wildlife and Countryside Act 1981 (as amended).

12.5 Assessment of Impacts

Construction phase

Designated Sites

The Site is not part of, or in the immediate vicinity of, any non-statutory designated sites. Two non-statutory designated sites are present within a 1km radius of the Site; (SLINC) and Grand Union Canal (SLINC), which are located 400m and 700m north-east of the Site, respectively. Both sites are considered to be outside the zone of influence due to the distance and nature of the urban environment between the Site and the SLINCs. As such, the construction phase of the proposed development will have no significant impact on the conservation status of the designated sites that are located within a 1km radius. This assessment is near-certain.

Habitats

Phase 2 of the proposed development will involve the demolition of two existing buildings that had prior use as residential accommodation and recreational space. Phase 3 of the proposed development will result in the demolition of a cluster of three existing shops, garage blocks. Site clearance works for phases 2 and 3 will result in the direct loss of 366m2 of introduced shrub, 68m2 of bare ground and 48m2 of semi-improved (species poor) grassland. Site clearance encompassing Phase 2 and 3 are scheduled to take place between 2015 and 2016, which will involve the permanent removal the habitats identified on site. The habitats on site are of negligible integral value to biodiversity and are considered to be of value within the zone of influence only. As such, in the absence of habitat creation measures, the loss of

11 Red List species are those with Unfavourable Conservation Status in Europe; those whose population or range has declined severely in recent years; those whose population has decline historically but made a substantial recent recovery; rare breeders; and those with internationally important or localised populations

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such habitats will result in no significant adverse impacts on the conservation status of habitats to be lost as a result of development. This assessment is near-certain.

Species

Bats

The conservation status of bats is dependent on the presence of undisturbed roost sites, suitable foraging areas and suitable habitat to provide connectivity and links between roosts and foraging areas. Phase 2 of the proposed development will result in the permanent removal of buildings potentially of value to roosting bats, however, surveys carried out in 2010 and 2014 demonstrated that roosting bats are unlikely to be present. Site clearance will also involve the permanent removal of poor-quality foraging habitat comprising a small area of introduced shrub and species-poor grassland. The proposed works will not affect more suitable habitat in the local area, such as the canals and small areas of open green space to the north-east of the Site that provide commuting and foraging habitat.

The complete removal of these habitats will take place in 2015-2016, and is a permanent effect. The poor-quality of habitat and the absence of recorded bat activity in the vicinity of the site indicate there will be no significant adverse effects on the conservation status of bat populations which are significant in the zone of influence of the project only. This assessment is near-certain.

There remains a low residual possibility of a bat roost supporting single or low numbers of Pipistrellus sp. being present on site during the construction phase. This will be addressed through the mitigation measures outlined below (Section N.7), in order to ensure legal compliance.

Black redstart

The conservation status of black redstart is dependent on the features suitable for nest construction being present and a sufficient extent of sparsely vegetated habitat to provide a foraging resource. Phase 2 of the proposed development will result in the permanent removal of buildings that offer potential nesting opportunities and approximately 0.1ha of low quality foraging habitat that may be used by black redstart. Phase 2 and 3 of the proposed development could result in indirect temporary disturbance from demolition and construction activities to black redstart that may have begun nesting on, or in the immediate vicinity of the Site prior to the commencement of works.

The complete removal of suitable nesting and foraging habitats will take place in 2015-2016, and is a permanent effect. Disturbance will be temporary and last for the duration of demolition and construction period. The removal of habitats on site and potential disturbance

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that may result will be a minor adverse effect on their conservation status and is significant at the local level. Such an effect is at most likely, considering there are several records for black redstart in the vicinity of the site, however suitable habitat on site is of limited extend and quality, and more suitable habitat is located in the local area.

Black redstart are protected from killing or injury and/or disturbance during the breeding season under the Wildlife and Countryside Act 1981 (as amended), which will be addressed through the mitigation measures outlined below (Section N.7),

Other bird species

The conservation status of other, more widespread bird species present at the site is also dependent on the presence of suitable nesting and foraging habitat, and the absence of high levels of disturbance during the nesting period. Phase 2 of the proposed development will result in the permanent removal of approximately 0.1ha of nesting habitat and low quality foraging habitat for species including house sparrow and dunnock. Bird species recorded at the site are well-adapted to urban/suburban environments, and are likely to be widely distributed within the local area.

The complete removal of suitable nesting and foraging habitats will take place in 2015-2016, and is a permanent effect. Phase 2 and 3 of the proposed development could result in the indirect temporary disturbance to common bird species that may have begun nesting in the immediate vicinity of the Site prior to the commencement of works. This disturbance will last for the duration of demolition and construction period. Low numbers of common species will be affected by the proposed development. As such there will be no significant adverse effects on the conservation status of populations of widespread bird species that are significant in the zone of influence of the project only. This assessment is near-certain.

All species of wild bird are protected from killing and injury, and their nests from damage or destruction under the Wildlife and Countryside Act 1981 (as amended). The potential presence of nesting birds on site during the construction phase will be addressed through the mitigation measures outlined below (Section N.7), in order to ensure legal compliance.

Operational phase

Designated Sites

During operation, the proposed development could cause an increase in the level of human disturbance in the immediate vicinity of the development (i.e. population, traffic, noise). However, both sites (Digbeth Branch Canal SLINC and Grand Union Canal SLINC) are considered to be outside the zone of influence, due to the distance and nature of the urban environment between the Site and the SLINCs. As such, the construction phase of the

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proposed development will have no significant impact on the conservation status of the designated sites that are located within a 1km radius. This assessment is near-certain.

Habitats

All habitat previously present on the Site will have been removed during the construction phase. As a result, no significant adverse effects will occur at the operational phase of the development. This assessment is near-certain.

Species

Bats

The operational phase of the proposed development will result in an increase in light pollution that has the potential to disturb single or low numbers of pipistrelle bats that may be foraging and/or commuting in the zone of influence. However, pipistrelle bats are well adapted and widespread in urban environments, and lighting proposals will ensure that the proposed illumination avoids the green and brown roofs which will provide foraging habitat at the operational stage. The lighting scheme will also avoid illumination of bat boxes to be installed as replacement roost sites. As such, the operational phase of the proposed development will have no significant adverse effects on the conservation status of bat populations which are significant in the zone of influence of the project only. This assessment is near-certain.

Other species

Operation of the proposed scheme is not considered likely to result in significant adverse effects on any other ecological receptors.

12.6 Assessment of Cumulative Impacts

The potential cumulative effects of the development proposal for Beorma Quarter were considered in conjunction with the list of consented schemes. The area immediately surrounding the site is within the city of Birmingham and dominated by existing urban development. Connaught Square and Eastside Birmingham City University Phase 2 developments result in the removal of habitat potentially suitable for black redstart. Given the limited extent and low quality of foraging habitat to be lost as a result of construction of phases two and three of Beorma Quarter and assuming that both of these developments provide appropriate mitigation for the appropriate replacement of black redstart habitat, no significant adverse effects are likely to result from either the construction or operational stages of the proposed scheme when the cumulative impacts of the developments identified are considered. This assessment is near certain.

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12.7 Enhancement, Mitigation and Residual Effects

Mitigation Measures

Sites

No adverse impacts will affect the conservation status of any statutory or non-statutory designated sites located in a 1km radius of the proposed development. As such, no mitigation measures are proposed for designated sites.

Habitats

The habitats present on site were of low intrinsic biodiversity value and no significant impacts will result from the proposed development. As such, no mitigation measures are proposed for the removal of habitats on site.

Species

Bats

In order to address the low residual possibility of a bat roost supporting single or low numbers of Pipistrellus sp. being present on site during the construction phase, mitigation measures will be employed, which will ensure legal compliance with protected species legislation relating to bats. Mitigation measures will consist of a watching brief and soft strip demolition method during the proposed works.

The watching brief will involve a licensed bat ecologist supervising the removal by hand of any features on the buildings with potential to support roosting bats. If bats, or evidence of bats are discovered, works must cease immediately and a European Protected Species Mitigation licence must be sought from Natural England in order to proceed on the basis that suitable mitigation and proportional enhancement has been provided for the loss of a roost.

Black redstart

In order to address the potential presence of nesting black redstart on or in the immediate vicinity of the Site prior to and during the construction phase of the proposed development, it is advised that the clearance of buildings and vegetation is undertaken outside of the main bird nesting season (March to late August, inclusive) to avoid any potential offences relating to nesting birds.

If clearance must be undertaken within the active season, a suitably qualified Ecologist must check the Site and the adjacent structures for nesting black redstart immediately prior to

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works commencing. The visits should be conducted an hour before sunrise and follow the standard breeding bird survey methodology (Gilbert et al, 1998). As construction works may encourage black redstart to the site by creating suitable habitat, it is recommended that an Ecologist will visit the site at regular intervals (every one to two weeks) during construction to monitor whether black redstarts are nesting on or in the immediate vicinity of the Site.

If black redstart are found to be nesting on-site and may be impacted by the works (including disturbance risk), all works in the immediate vicinity must stop and the advice of an Ecologist must be sought immediately. No works that could impact upon or disturb the nest (either directly or which causes the bird to abandon the nest) may take place until the chicks have fledged and are independent of the parent birds. The appointed ecologist will be able to advise on the area to be subjected to restricted clearance works and type of activity that is permissible in this area. The required buffer area will be dependent on the location of the nest and the proposed works. The frequency of site visits made by the ecologist may also need to be increased in this instance to ensure activity near the nest is closely monitored.

In order to compensate for the loss of potential nesting and foraging habitat that may contribute to the wider foraging resource of black redstart in the local area, suitable foraging and nesting habitat will be created on site. Approximately 1350m2 of habitat suitable for foraging black redstart and other urban bird species will be created on-as part of the development. Extensive green/brown roofs will be provided to enhance the value of the site for black redstart, comprising approximately 640m2 of green roof and 710m2 of brown roof which will include a low-nutrient crushed-brick substrate supporting a variety, and low-density coverage of ruderal plants (Drawing number 922.102). The following features will be incorporated into the green and brown roofs:

 Relatively small areas of very sparsely vegetated aggregate base terrain, comprising crushed brick and shredded bark with sedum circles. These areas will be relatively undisturbed by people.

 The sparsely vegetated terrain will be nutrient poor and subject to drought stress, conditions which can favour the kind of plants that will support the invertebrates on which Black Redstart feed, particularly during the breeding season.

 Sedum plant plugs and ‘Living Roof Wildflower Mixture’ and ‘Special Cornflower Mixture’ seeds will be introduced onto parts of the new extensive green/brown roofs, although parts of the brown roof will also be left to colonise naturally. The species chosen are typical of drought stressed and nutrient poor conditions.

Six nest boxes designed specifically to attract black redstart, such as the open fronted woodcreete box (2HW) produced by Schwegler will be installed on or incorporated within the

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fabric of the buildings. In addition, a variety of holes and ledges at various heights from 3m to 50m above ground level will be incorporated into structures as nest sites. If the above mitigation is implemented, there will be no significant adverse effects on the conservation status of black redstart populations which are significant at the local level. This assessment is near-certain.

Other bird species

In order to address the potential presence of other bird species on or in the immediate vicinity of the Site prior to and during the construction phase of the proposed development, as with black redstart it is advised that the clearance of buildings and vegetation is undertaken outside of the main bird nesting season (March to late August, inclusive). Where this is not possible, a search for nesting birds up to 48 hours prior to vegetation clearance taking place must be undertaken by an experienced ecologist. If nesting birds are found at any time during clearance works, work must cease in the immediate vicinity of the nest and an ecologist must be consulted. In order to compensate for the loss of potential nesting and foraging habitat on site that may contribute to the urban territory for common and widespread species of birds, suitable foraging and nesting habitat will be created on site.

The brown and green roof planting described above will also provide a foraging resource for other breeding bird species. Additional habitat will be provided by ground-level landscape planting comprising ornamental planted beds, semi-mature trees and ground cover shrubs (Drawing Reference 922.02). Artificial nest boxes will be installed throughout the site following construction to provide nesting opportunities for bird species found in urban area including house sparrow and starling. Six Schwegler woodcrete ‘sparrow terraces’ and six Schwegler 3SV Starling Boxes will be installed throughout the development.

Residual Effects

There are not predicted to be any significant residual adverse impacts on ecology and nature conservation as a result of the proposed development (Table 12.3). The habitat creation measures described above are designed to enhance the value of the site for the ecological receptors identified as being present (or potentially present) at the site. These include foraging habitat and roosting opportunities for pipistrelle bats and foraging/nesting habitat for black redstart and other breeding birds. In addition to mitigating for the minor adverse effect on black redstart, these measures will result in the overall enhancement of the site in terms of its biodiversity value.

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Table 12.3: Summary of Residual Effects

Receptor Value Predicted Predicted Mitigation Predicted construction operational Residual impact before phase impact Impact mitigation before mitigation

Designated Zone of Not Significant Not Significant N/A Negligible Sites Influence

Habitats Zone of Not Significant Not Significant N/A but post- Minor Influence development habitat Positive creation measures will provide a net gain in ecologically valuable habitat

Bats Zone of Not Significant Not Significant Watching Brief/Soft Negligible Influence Strip & EPSL if required.

Black Local Minor Adverse Not Significant Clearance outside of Minor Redstart the nesting season, Positive watching brief and provision of green/brown roofs

Other Bird Zone of Not Significant Not Significant Clearance outside of Minor Species Influence the nesting season, Positive watching brief and provision of green/brown roofs & landscape planting

12.8 Summary

Based upon the appraisal of ecology and nature conservation impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent and positive in nature.

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13 Water Quality and Hydrology

13.1 Introduction

This section deals with the assessment of the potential impacts of the proposed development on water quality and hydrology in the study area. The study area is defined as that within a 1 km radius of the site.

The assessment of effects encompasses surface water and groundwater quality, surface water and groundwater resources (in terms of water quantity) and flooding. Groundwater issues are also addressed briefly in the soils and hydrogeology chapter (Section 14).

Changes to the original Phase 2 and 3 plans required a review of the previous Chapter 13 (Water Quality and Hydrology) of the original Environmental Statement1. These changes are typically considered to be of limited significance.

13.2 Legislation and Policy Context

13.2.1 European Legislation

With regard to the protection of specific water resources, permissible water quality standards and related policy are set out in the following European legislation:

 EC Water Framework Directive (2000/06/EC);

 EC Water Framework Directive (2000/06/EC);

 EC Surface Water Abstraction Directive (75/440/EEC);

 EC Bathing Water Directive (76/160/EEC);

 EC Freshwater Fish Directive (78/659/EEC);

 EC Shellfish Directive (79/923/EEC);

 EC Dangerous Substances Directive (76/464/EEC);

 EC Groundwater Directive (80/68/EEC);

1 Environmental Statement Beorma Quarter, Salhia Investments Limited, ENVIRON UK Limited, January 2009

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 EC Urban Waste Water Treatment Directive (91/271/EEC); and

 EC Nitrate Directive (91/676/EEC).

Since the original document was prepared in 2009, there have been two amendments to the policy documentation namely the EC Dangerous Substances Directive (76/464/EEC) has been incorporated within EC Water Framework Directive (2000/06/EC).

13.2.2 National Policy

The aim of water policy in England is to protect both public health and the environment by maintaining and improving the quality of natural waters. These include surface water bodies (e.g. rivers, streams, lakes, ponds) and groundwater (whether or not it is used as a water resource).

The Department of the Environment, Food and Rural Affairs (DEFRA) is responsible for all aspects of water policy in England. Management and enforcement of water policy is the responsibility of the Environment Agency (EA). A summary of principal UK water legislation is provided below:

 Water Resources Act 1991 – consolidated previous water legislation with regard to both the quality and quantity of water resources;

 Water Industry Act 1991 – consolidated previous legislation relating to water supply and the provision of sewerage services;

 Environment Act 1995 – this established a new body (the Environment Agency) with responsibility for environmental protection and enforcement of legislation. This Act introduced measures to enhance protection of the environment including further powers for the prevention of water pollution;

 Anti-Pollution Works Regulations 1999 – provides powers to the EA to stop any activity (e.g. construction) that gives rise or is likely to give rise to environmental pollution or to adequately enforce pollution control measures; and

 Water Act 2003 – extends the provisions of the Water Resources Act 1991 and the Environment Act 1995 with regard to abstractions and discharges, water conservation and pollution control.

Planning Policy Statement 23 ‘Planning and Pollution Control’ (PPS 23) and Planning Policy Statement 25 ‘Development and Flood Risk’ (PPS 25) was effectively replaced by the National Planning Policy Framework (NPPF) (DCLG, 2012) which became enforceable in March 2012.

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The NPPF confirms that land contamination and its risk to health should be a material consideration under planning and development control (i.e. land contamination and its risk to human health in the context of the intended end use of the site).

Section 109 of the NPPF states that:

“The planning system should contribute to and enhance the natural and local environment by:

 Preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and

 Remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.”

A core planning principle described in Section 111 of the NPPF states that:

 “Planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value.”

In Section 121 it also states that:

“Planning policies and decisions should also ensure that:

 The site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation;

 After remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990; and

 Adequate site investigation information, prepared by a competent person is presented.”

13.2.3 Regional Policy

There are no regional policies.

13.2.4 Local Policy

There are no relevant local policies.

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13.3 Assessment Methodology and Significance Criteria

The initial assessment was undertaken in accordance with current Government guidance on EIA and involved a review of the following sources of baseline data:

 Landmark Envirocheck data for the site and a 1 km radius; providing data on surface water and groundwater discharges and abstractions, river quality, baseline hydrogeology, groundwater vulnerability and pollution incidents;

 EA data records on groundwater Source Protection Zones (SPZs), chemical and biological river quality and the location of the indicative floodplain (www.environment- agency.gov.uk);

 consultation with the EA; and

 consultation with Severn Trent Water via the project engineers.

In addition a site investigation was undertaken which included groundwater measurement and quality assessment.

The findings of the Phase I and Phase 2 Site Investigations provided sufficient data on the site geology and hydrogeology; the specific methodology for these studies has been summarised in Section 14.

In accordance with PPS25 (Development and Flood Risk) now replaced by the NPPF, as the site is less than 1 hectare and is located within a Flood Risk Zone 1 (low risk), a detailed Flood Risk Assessment (FRA) is not required.

13.4 Baseline Conditions

The baseline conditions remain unchanged from the original Environmental Statement; although some additional groundwater and ground gas monitoring works have been undertaken. This work is outlined within Chapter 14 which should be read in conjunction with this section.

Surface Water Quality

The baseline condition in respect of surface water quality remains as previously identified in the former EIA. These are presented below.

The nearest surface watercourse to the development area is the River Rea. The River Rea flows approximately 364 m to the east of the site, at its closest point. The water quality of the

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river is classified by the EA under the General Quality Assessment scheme as Grade D, i.e. of poor water quality, during the last monitoring round in 2000.

Information provided by Landmark Envirocheck shows there has been one pollution incident to controlled waters associated with the study site, which related to the release of firewater in 1999. The incident was classified by the EA as a Minor Incident.

Landmark Envirocheck has no record of consented discharges associated with the site, however, details of sewage and trade effluent discharge consents within a 1 km radius of the site are summarised in Table 13.1. The nearest consented discharge is located 34 m to the south of the site; Severn Trent Water Limited is authorised for the discharge of storm sewage overflow into the River Rea via a surface water sewer.

Table 13.1: details of discharges consents

Consent No. Distance and Operator Details Receiving Direction from Site Watercourse Dt/9825 34 m S Severn Trent Public Sewage: Storm River Rea (River Water Limited Sewage Overflow Tame) T/09/36135/O 326 m SE Severn Trent Public Sewage: Storm River Rea (River Water Limited Sewage Overflow Tame) T120/1 353 m SE The Phosphor Cooling Water River Rea (River Bronze Co Ltd Tame) T2072/2 366 m NE Charles Trade Discharge – Unknown Clifford Ltd process water T/09/36117/O 404 m SE Severn Trent Public Sewage: Storm River Rea Water Limited Sewage Overflow T/09/35424/O 478 m E Severn Trent Public Sewage: Storm River Rea Water Limited Sewage Overflow T/09/36042/T 716 m S Severn Trent Public Sewage: Storm River Rea Water Limited Sewage Overflow T/09/21162/O 822 m N Severn Trent Public Sewage: Storm Hockley Brook Water Limited Sewage Overflow T/09/01214/T1 917 m NE Tannel Trade discharge – Digbeth Arm Portland process water Canal Cement Ltd T839/1 968 m E United Non Trade Discharge – Unknown Ferrous Process Water Metals Ltd

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Consent No. Distance and Operator Details Receiving Direction from Site Watercourse T/09/08852/O 998 m NE Severn Trent Public Sewage: Storm River Rea Water Limited Sewage Overflow (Tame) Source: Landmark Envirocheck

According to Landmark Envirocheck there are two licensed surface water abstractions within a 1 km radius of the site. The nearest is located 495 m to the east. Francis D Wilmott Limited (Forward Works) is authorised for the abstraction of surface water from the River Rea for cooling purposes. The second is located 933 m to the west. British Waterways Boards is authorised for the abstraction of surface water from The Mailbox – Worcester and Birmingham Canal for cooling purposes.

Hydrology and Flood Risk

The EA’s floodplain map for Digbeth (Figure 13.1) indicates that the site is not located within an area that may be affected by flooding, being located within Flood Risk Zone 1 i.e. where the risk of flooding from rivers or the sea is classified as low (assessed as having a less than 1 in 1000 annual probability of river or sea flooding in any year (<0.1%). Landmark Envirocheck indicates that the nearest area at risk of extreme flood (without flood defences) is located 72 m to the south east.

Figure 13.1: EA Indicative Floodplain Map

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The Environment Agency has confirmed that as the site is located in an area where the risk of flood is very low a formal Flood Risk Assessment in not necessary. As such, no further discussion is made in relation to flood risk at the site.

Hydrogeology and Groundwater Quality

Baseline conditions determined during the initial EIA are detailed below.

An intrusive Phase II Environmental Assessment of the site was carried out by ENVIRON (2007) to provide supporting information for the EIA, with a number of window samples and boreholes being excavated. The objective of the investigation was to provide information on the current environmental condition of the soils and groundwater underlying the site. This was used to determine if significant risk and/or liabilities are associated with land contamination at the site in its current condition and in terms of potential risks for the proposed future end uses.

According to the British Geological Survey (BGS) 1:50,000 solid and drift map of the area (Sheet 168, Birmingham) the site is located directly on Bromsgrove Sandstone, which generally comprises red brown sandstone, pebbly in parts, interbedded with mudstone in upper parts. Overlying the solid strata in the western site area is made ground.

During the 2007 site investigation, the field observations of the geological conditions beneath the site were found to be largely consistent with published information and generally comprise the following strata:

• Made Ground was encountered in all sampling locations. This generally comprises either of the following: hardstanding (tarmac) of varying thickness (BH1, BH2 and BH4), cemented brick (BH6, BH7 and TP1), a pre-formed concrete slab (BH9), gravel ‘black-top’ (BH3 and BH8), rough vegetation (WS1, WS1A, WS2 and BH5) and concrete (WS3 and WS4). These surfaces were underlain by a brown/grey sand, silt or clay with various quantities of brick, gravel concrete, whole cobbles and ash. At BH4, a possible infilled basement with a red-brick floor was observed. TP1 was terminated within the made ground, whilst all other locations were terminated within the natural strata. Generally, the made ground was thicker on the north-western elevation of the site.

• Natural deposits comprising a variable depth of silty gravelly sand (possible head deposits derived from Bromsgrove Sandstone) (BH1, BH6, WS3 and WS4). At all other locations, the made ground was found to be directly underlain by the solid geology of either Bromsgrove Sandstone or Mercia Mudstone. The solid geology at the site can be broadly stated as comprising Mercia Mudstone on the southern and eastern elevations of the site, with the Bromsgrove Sandstone Formation on the northern and western elevations.

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The ground investigation indicated that a normal fault traverses through the site, with Mercia Mudstone encountered beneath the south eastern third of the site and Bromsgrove Sandstone outcropping beneath the larger north western part of the site. The fault passes through the site somewhere beneath the Cold Store and could either be the Birmingham Fault, or possibly a separate fault associated with and running parallel to the Birmingham Fault. The fault is not considered to be geologically active and no significant movement is anticipated.

A summary of the general site geology is provided in Table 13.2.

Table 13.2: General Summary of the Site’s Geology

Strata Description Depth Encountered Thickness (m bgl) Made Black-top, concrete, per-formed concrete From ground level. Generally between Ground slab, concreted brick, tarmac or soil/clay 0.1 m and 0.4 m matrix. thickness Variable reddish brown – dark grey Between 0.1 m and Between 0.8 m and gravelly/sandy clayey brick fill with 0.6 m bgl. 2.4 m thickness localised pockets of black ashy sandy gravel, cobbles. Head Light grey silty gravelly sand Between 0.9m and Between 0.3 m and Deposits 1.3 m bgl. 0.9m thickness Bromsgrove Reddish brown silty fine-medium SAND Between 1.2m and Not proven in excess Sandstone with occasional very thin to thin beds of 2.5m bgl. of 48.50m thickness calcareous, well-cemented and uncemented silty sand. Mercia Very weak reddish brown fractured Between 1.2 – 2.1m Not proven, in excess Mudstone MUDSTONE with clay partings and bgl. of 48.6m thickness occasional thin light grey dolomite beds.

The site investigation included sampling of the soil and groundwater for a number of parameters including:

 a range of dissolved metals (As, Cd, Cr, Pb, Hg, Se, Cu, Ni, Zn and Fe);

 pH, sulphate, total organic content and total cyanide;

 nitrate as N, ammonia as N, total organic carbon and alkalinity as CaCO3;

 speciated Polyaromatic Hydrocarbons (PAHs), monohydric phenol and hydrocarbons; and

 VOCs and SVOCs.

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The nature and level of contaminants identified at the site are not considered to pose a significant risk of environmental impairment to groundwater quality as no significant pollution source was found to exist on the site and the site is not significantly contaminated.

Resting groundwater levels were monitored following the installation of the wells and prior to purging and sampling. The resting groundwater levels provide a more accurate representation of groundwater levels across the site compared to inflow depths observed during drilling. Following the conclusion of the investigation, the groundwater levels of all nine boreholes were calculated in relation to ordnance datum, as shown in Table 13.3 below:

Position Date Groundwater Ground Elevation Groundwater level level (m AOD) (m AOD) (m bgl) BH1 18.02.2008 6.80 106.887 100.087 25-26.03.2008 2.39 106.887 104.497 23.04.2008 2.48 106.887 104.407 BH2 13.02.2008 DRY 108.237 - 18.02.2008 DRY 108.237 - 25-26.03.2008 DRY 108.237 - 23.04.2008 DRY 108.237 - BH3 13.02.2008 1.83 108.524 106.694 25-26.03.2008 1.79 108.524 106.734 BH4 13.02.2008 1.67 108.336 106.666 25-26.03.2008 1.61 108.336 106.726 23.04.2008 1.67 108.336 106.666 BH5 13.02.2008 DRY 109.610 - 25-26.03.2008 2.63 109.610 106.98 23.04.2008 DRY 109.610 - BH6 13.02.2008 1.41 105.920 104.51 25-26.03.2008 1.42 105.920 104.5 23.04.2008 1.61 105.920 104.31 BH7 13.02.2008 DRY 106.822 - 25-26.03.2008 DRY 106.822 - 23.04.2008 DRY 106.822 - BH8 13.02.2008 1.87 108.465 106.595 18.02.2008 0.75 108.465 105.715 25-26.03.2008 1.72 108.465 106.745 23.04.2008 DRY 108.465 - BH9 13.02.2008 2.90 109.686 106.786 25-26.03.2008 2.58 109.686 107.106 23.04.2008 2.90 109.686 106.786 m AOD = m Above Ordnance Datum m bgl = m below ground level BH2, BH5, BH7 and BH8 installed with a 50mm diameter standpipe within the Made Ground deposits. BH1, BH3, BH4, BH6 and BH9 installed with a 50mm diameter standpipe within the solid geology. Table 13.3: Resting Groundwater Levels

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The groundwater records to date indicate one relatively shallow groundwater body to be present beneath most of the site, with the exception of borehole BH1. The groundwater within the Sherwood Sandstone (predominantly to the north and west elevations of the site) appears to be slightly higher (above ordnance datum) than the groundwater within the Mercia Mudstone (southern and eastern elevations). The hydraulic gradient across the site is anticipated to flow parallel to the slope i.e. from North West to south east. It is suspected that the fault that has juxtaposed the highly permeable Bromsgrove Sandstone against the less permeable Mercia Mudstone is effectively acting as an underground dam. The shallow groundwater level is probably due to its through flow being impeded by the fault line and the Mercia Mudstone. It should be noted that the deposits are possibly in hydrologically continuity with the River Rea to the east of the site.

According the Groundwater Vulnerability Map of South Staffordshire and East (Sheet 22), the site is located on a major aquifer, relating to the sandstone solid stratum. Major aquifers are highly permeable formations, being highly productive, capable of supporting large abstractions for public supply and other purposes.

As the site is within an urban area, any underlying soils are automatically classified as having high leaching potential (HU), i.e. they have little ability to diffuse source pollutants and liquid pollutants have the potential to move rapidly into underlying strata (it should be noted that all soils within urban areas are classified according to the worst case scenario).

Source Protection Zones (SPZs) are defined for groundwater sources such as wells, boreholes and springs used for public drinking water supply. The site is not located within a designated Source Protection Zone (SPZ). However, there are a number of designated SPZs and a groundwater source in the surrounding area. The details of theses se are summarised in the Table 13.4 below.

Table 13.4: Groundwater Source Protection Zones

Distance (m) & Direction from site Designation 349 NW Zone III (total catchment) 426 W Zone II (outer protection zone)

475 W Zone I (inner protection zone) 675 NW Zone I (inner protection zone) 707 NW Grand Hotel Zone I (inner protection zone) 525 W Groundwater Source (Midland Hotel)

The EA defines the zones accordingly:

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 Zone 1 (Inner Protection Zone): any pollution that can travel to the borehole within 50 days from any point within the zone is classified as being inside zone 1;

 Zone 2 (Outer Protection Zone): the outer zone covers pollution that takes up to 400 days to travel to the borehole, or 25% of the total catchment area – whichever area is the biggest; and

 Zone 3 (Total Catchment): the total area needed to support removal of water from the borehole, and to support any discharge from the borehole.

According to a publicly available third-party environmental database, there are four licensed groundwater abstractions within a 1km radius of the site. The nearest is located 525 m to the west. Burlington Hotel, Hortons Estate Limited, is authorised for the abstraction of groundwater for general use. In addition, there is a public water supply abstraction borehole located circa 716 m to the south. Water for water supply related use (transfer between sources) is abstracted by Severn Trent Water Limited.

Figure 13.2: Groundwater Source Protection Zones

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In addition, from borehole logs obtained from the British Geological Society (BGS) there is a groundwater abstraction well beneath the former Cold Store on the site. The well (86 m (282.6 feet) in depth) appears to have been sunk for abstraction purposes when the site manufactured ice, the abstracted water being for ice making and general usage. The well was constructed circa 1899 directly beneath the works, the water being pumped to the surface at approximately 1,200 gallons per hour. A note with the borehole log, dated September 1942, states that the borehole overflowed in 1900; a second note on the log, dated 1948, states that the well was dry and that it had failed in 1937 due to falling yields between 1899 and 1935.

Another note, dated October 1981, states that the well has been disused since 1965 and is sealed at present. The note goes on to state that the cellars and lift shaft have recently become flooded and that the borehole may possibly be opened for investigation. From the drilling log for this borehole, dated circa 1918, it is apparent that the former Cold Store is located directly on sandstone bedrock.

This disused borehole will be decommissioned in accordance with Environment Agency guidance document ‘Decommissioning Redundant Boreholes and Wells’ prior to demolition and construction activities. A method for the decommissioning of the borehole will be agreed beforehand with the Environment Agency.

Information gleaned from a 1995 archaeological study for the site noted that the former Digbeth Mineral Springs (mineral water manufacture from 1850) was situated in the north eastern area of the site, which reportedly was originally built as a school. Adjoining this building was a cistern at the same location as a spring. In 1889 workmen came across a large tank whilst lowering a yard (the tank was dated 1854), which was fed by a 400 feet deep (122 m) artesian bore. The bore was connected via culverts to a series of wells, which in turn were connected to an underground reservoir circa 40 feet (circa 12 m) long. Workmen noted from the pattern of brick work that this was already quite dated. The wells were amongst many on the Park Street side of upper Digbeth, which was called Well Street in the 18th century, and included wells in many of the cellars fronting Digbeth, which would have provided an extensive water supply.

The different account between the water being pumped (i.e. having to be mechanically lifted from the aquifer in the Cold Store) and artesian (i.e. was free flowing out of the borehole under its own pressure) could elude to there being two different historic abstraction boreholes on the site, or they could be one and the same that may have originally been artesian but which at a later date required pumping.

None of the aforementioned abstractions are likely to affect or be affected by the proposed development, because there will be no contaminated discharges to groundwater from the site.

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The wells and channels have been fed into the Site Constraints drawing to ensure all appropriate measures are taken during construction.

13.5 Assessment of Project Impacts

The effects on water quality and hydrology likely to arise from construction and operational phases of the proposed development are as previously identified:

13.5.1 Construction

Contamination Arising from General Construction Drainage

The Phase II Environmental Assessment concluded that the nature and level of contaminants identified across the site were low and that soil contamination is not providing a significant ongoing source of contamination to groundwater. Furthermore, the near surface soils will largely be excavated to create voids for the basements. Any imported fill material used on site will be inert, uncontaminated material and will not lead to any impact or degradation of the soil and groundwater quality underlying the site.

The operation of construction vehicles and general construction activities give rise to the potential for surface runoff to become contaminated with hydrocarbons, silt or other construction materials. The greatest risk relates to plant and vehicle refuelling activities that may take place on site. Spillages in these refuelling areas could lead to a pollution event should contaminated surface water run-off be allowed to enter surface watercourses or the ground untreated.

Potential Groundwater Interruption during Construction

The site investigation identified one groundwater body at the site, groundwater within the underlying Sherwood Sandstone strata within the depth range of the site investigation. Therefore, during construction, dewatering of excavations may be required. Surface waters generated in this manner will be controlled, treated, if necessary, and discharged as described in Section 13.5.1 for general site drainage.

The proposed development will require piling and the construction of basements that may lie below the resting groundwater level. Such structures have the potential to interrupt or alter groundwater flow.

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13.5.2 Operation

Surface Runoff The operational impacts and mitigation measures in respect of surface run-off remain as previously identified. As stated previously PPS25 has been withdrawn and the current scheme, as presented in Appendix A, has been evaluated in line with current requirements and attenuated as necessary.

An estimate of surface water runoff volumes for the site was calculated for the 2009 report. The storm volume and peak flow figures were generated for the site area (0.77 ha) based on the site having a 100 % impermeable surface area (i.e. the worst case scenario). The rainfall depth (mm) has been calculated using the Flood Estimation Handbook software; the runoff volumes were based on a storm duration of 30 minutes. In accordance with the data set out in Table B.2 of PPS25, an increase of 20 % has been allowed on existing rainfall intensities to compensate for the effects of climate change in the next 60 years.

The estimated surface water runoff volumes are presented in Table 13.4 below.

Table 13.4 – Estimated Surface Water Runoff Volumes

Return Period FEH Storm Storm Volume with Peak Flow Peak Flow with 20% Rainfall Volume 20% climate change climate change correction correction

years (mm) V (m3) V (m3) Q (l/s) Q (l/s) 2 9.9 92.44 11.88 51.40 61.68 5 14.3 133.53 17.16 74.24 89.09 10 18.3 170.88 21.96 95.01 114.01 25 24.9 232.51 29.88 129.28 155.14 50 31.3 292.27 37.56 162.50 195.0 100 39.4 367.91 47.28 204.56 245.47

The proposed development will result in an increase in surface water runoff given that the majority of the site will be hard surfaced; by comparison the current site has some areas of unsurfaced ground, notably the unsurfaced car park, which allows for the percolation of rainwater to ground rather than surface water run-off.

The new development proposal comprises a number of buildings with an open central public space. The area of impermeable surface will increase, however there will be some landscaping at the site including terraces, green and brown roofs. Approximately 64 % (3,010 m2) of the site by area will comprise terraces and green roofs, with 36 % (1,700 m2) comprising brown

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roofs. Approximately 50 m2 of ground level planting will include the planting of shrubs and trees.

Detailed surface water runoff volumes will be calculated in due course. These calculations will also include an assessment of the impacts of climate change for the operational lifetime of the development. The calculated runoff volumes will be submitted to the Environment Agency in order to enable a consent to be granted for the groundwater discharge. This will aid recharge of the water levels in the aquifer and is typically regarded as a beneficial action.

Contamination of Surface Water or Groundwater from Routine Site Drainage

The majority of the site will be covered in hardstanding which will reduce infiltration rates on site and there is no evidence of significant soil contamination source. Given this and the amount of excavation and infilling with clean materials there is negligible likelihood of site drainage causing groundwater contamination.

Foul Drainage Capacity

There are existing connections to the municipal foul drainage system for the site. All foul water generated at the site, during construction and operational phases, will be discharged to the municipal foul sewer.

Severn Trent Water has confirmed that there are existing off-site municipal foul sewers in Digbeth, Allison Street and Park Street, and that it considers there to be sufficient capacity in the receiving municipal foul sewer system for the estimated increased flows.

13.6 Assessment of Cumulative Impacts

There are no other projects in the locality that are likely to interact with the groundwater or surface water systems of the site and cumulative impacts are not anticipated.

13.7 Impact Mitigation and Residual Effects

13.7.1 Construction

Mitigation of Contamination Arising from General Construction Drainage

Depending upon the weather conditions, excavations may require dewatering (of accumulated rainfall or runoff) during construction. In such circumstances, care will be taken to ensure the quality of this water is sufficiently high to allow discharge into the municipal sewer. Where it is not it will be tinkered off site to an appropriate treatment centre.

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All site works will be undertaken in accordance with the EA’s Pollution Prevention Guidance Note 6 ‘Working at Construction and Demolition Sites’. Construction vehicles will be properly maintained to reduce the risk of hydrocarbon contamination and will only be active when required. Construction materials will be stored, handled and managed with due regard to the sensitivity of the local aquatic environment and thus the risk of accidental spillage or release will be minimised. Construction contractors will also take full account of the requirements of the EA’s General Guide to the Prevention of Pollution of Controlled Waters (PPG1) and guidance set out in PPG2 (Above Ground Oil Storage Tanks) and PPG3 (The Use and Design of Oil Separators).

In accordance with the Control of Pollution (Oil Storage) (England) Regulations 2001, any tanks storing more than 200 litres of oil will have secondary bunding. Bunding will be specified having a minimum capacity of “not less than 110% of the container's storage capacity or, if there is more than one container within the system, of not less than 110% of the largest container's storage capacity or 25% of their aggregate storage capacity, whichever is the greater.” Above ground storage tanks will be located on a designated area of hardstanding. No underground storage tanks will be used during the construction period. Storage of liquids such as degreasers, solvents, lubricants and paints would be in segregated, bunded enclosures.

The construction drainage system will be designed and managed to comply with BS6031:198 “The British Standard Code of Practice for Earthworks”, which details methods that should be considered for the general control of drainage on construction sites. Further advice is also contained within the British Standard Code of Practice for Foundations (BS8004, 1986).

Furthermore, these mitigation measures will be incorporated into a Construction Environmental Management Plan (CEMP), which will set out measures for the control of site drainage, reducing the risk of accidental spillages and the storage and handling of materials.

Residual impact after mitigation: Insignificant

Mitigation of Potential Groundwater Interruption during Construction

The site, is very small and will have a soakaway borehole for surface water run-off and will have a groundsource heat pump and piles, all of which may interact with the shallow groundwater but the system will reach equilibrium after the construction phase. Overall, there is expected to be minimal impact of the development on groundwater flow characteristics in the aquifer given the small size of the site and associated disturbance.

Residual impact after mitigation: Insignificant

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13.7.2 Operation

Surface Runoff

It is proposed that surface water runoff from all areas of the site, with the exception of trafficked areas, will be discharged, via a silt trap, to the major aquifer via a dedicated on-site borehole. The small volume of surface water runoff from trafficked areas will be discharged to the municipal storm water drainage system. Prior to discharge into this municipal sewer the runoff will be passed via an oil water interceptor.

A feasibility assessment for the proposed surface water discharge borehole will be undertaken. The assessment will be presented to and discussed with the Environment Agency.

Residual impact after mitigation: insignificant.

Mitigation of Contamination of Surface Water or Groundwater from Routine Site Drainage

The principal source of contamination from routine operation of the site is hydrocarbon contamination from vehicles parked on site. The proposed development will provide an internal road and an area of car parking space with oil/water interceptor systems at strategic locations. Therefore, routine site drainage will have a low risk of contamination, especially given the potentially benign nature of the occupiers’ activities.

Residual impact after mitigation: Minor Positive

Increased Water Consumption

Water efficiency measures can reduce consumption by 20-25% (EA). Therefore, water minimisation and conservation measures are important considerations for the proposed development, to minimise the increase in water demand. Water demand will be reduced as far as possible, by the incorporation of appropriate water saving devices, wherever practicable. The buildings are designed to maximise water efficiency through low water use sanitary appliances, optimising hot water use, dual flush toilets and low flow and aeration taps in appropriate locations. Given that the site is effectively being completely redeveloped, the entire water supply infrastructure and uses will be new and more efficient than the ad-hoc systems that currently exist.

Severn Trent Water will be contacted regarding mains water supply for the site.

Residual impact after mitigation: Minor Negative

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13.8 Summary

Given the foregoing, there has been very little change in terms of water quality and hydrology to the situation presented in the Environmental Statement prepared in 2009. As such, the original assessment that ‘the development will have a minor positive impact on the surrounding area’ still applies.

A summary of the key impacts and mitigation measures concluded in the original report are provided below:

 the development will have a minor positive impact on the surrounding area as it will assist in reducing the risk of contamination to the wider area through the resurfacing of the site;

 all construction activities will be carried out in accordance with the EA’s pollution prevention guidelines, notably PPG 6 ‘Working at Construction and Demolition Sites’. This will reduce the risk of surface water or groundwater contamination during construction;

 the on-site disused borehole will be decommissioned in accordance with Environment Agency guidance document ‘Decommissioning Redundant Boreholes and Wells’ prior to demolition and construction activities. A method statement for the decommissioning of the borehole will be agreed beforehand with the Environment Agency;

 the site is not located within an area that may be affected by flooding, being located within Flood Risk Zone 1 i.e. where the risk of flooding from rivers or the sea is classified as low (assessed as having a less than 1 in 1000 annual probability of river or sea flooding in any year (<0.1)), as such the site is not at risk of flooding;

 the surface runoff from non-trafficked areas of the site will be discharged to the underlying major aquifer via a dedicated on-site borehole/s thereby avoiding excessive loading of the local drainage system and recharging the aquifer with clean water. Run off from trafficked areas of the site, which will equate to small volumes, will be discharged to surface sewer via an oil/water interceptor. Whilst the overall volume of run-off will be increased, the run-off will be from a newly developed site with no pollution loading from site contaminants;

 the redevelopment of the site will increase the number of site users which will cause an increase in water demand to meet the needs of the new occupants. These increases will be offset by the adoption of a variety of water-saving devices in the buildings and more efficient delivery and management of the supplied water; and

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 similarly, the redevelopment will increase the volume of foul drainage generated at the site. However, Severn Trent Water has confirmed that it considers there to be sufficient capacity in the receiving municipal foul sewer system for the estimated increased flows.

Based upon the appraisal of water quality and hydrology impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature (Minor Positive).

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14 Soils, Geology and Contamination

14.1 Introduction

The EIA that was undertaken for the original 2009 application (and which enabled the Phase 1 development to proceed) included a site investigation and contamination assessment. Since that time there have been no activities on the site that are likely to have added pollutants to the Phase 2 and 3 site or altered the local ground conditions. As such this ES section is based on a review of the original Chapter 14 of the Environmental Statement entitled Soils, Geology and Contamination (Beorma Phase 1)1. Where necessary it has been summarised or re- assessed in the following sections.

14.2 Legislation and Policy Context

14.2.1 National Planning Policy

The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. The NPPF constitutes guidance for local planning authorities and decision-takers both in drawing up plans and as a material consideration in determining applications. Fundamental to the NPPF is a presumption in favour of sustainable development.

The NPPF states that in order “to prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner”.

Planning policies and decisions should also ensure that:

. “the Site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation”;

1 Environmental Statement Beorma Quarter, Salhia Investments Limited, ENVIRON UK Limited, January 2009

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. “after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990”; and

. “adequate site investigation information, prepared by a competent person, is presented”. The NPPF specifies that the minimum information that should be provided by an applicant is the report of a desk study and site reconnaissance.

The NPPF replaces the key Planning Policy Statements (PPS) which formed national planning policy, including PPS23 directly relevant to land contamination. PPS 23 stressed that land contamination, or the possibility of land contamination, is a material planning consideration in taking decisions on individual planning applications. This remains a fundamental part of the NPPF.

The planning process can influence how contaminated sites are managed through planning policy and development control. In terms of the latter, planning conditions often require detailed site assessment or, in some cases, the restoration of a site to render it suitable for its proposed new use.

14.2.2 Contaminated Land Legislation

Part 2A of the Environmental Protection Act 1990 (“Part 2A”) provides the legislative framework for the contaminated land regime in England, Wales and Scotland. It provides for contaminated land to be identified and dealt with in a risk-based manner. The Contaminated Land (England) Regulations 2006 (SI 2006/1380) set out provisions for procedural matters under Part 2A. The 2006 regulations have recently been modified with the introduction of The Contaminated Land (England) (Amendment) Regulations 2012, which came into force on 6th April 2012. This includes an amendment to Regulation 3(c) to take account of the updated definition of “controlled waters” in Section 78A(9) of the Environmental Protection Act 1990.

Section 78A(2) of Part 2A of the EPA 1990 defines contaminated land as “land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:

. significant harm is being caused or there is a significant possibility of such harm being caused; or

. pollution of controlled waters is being, or is likely to be caused”.

The implementation of Section 86 of the Water Act 2003 on the 6th April 2012 by The Water Act 2003 (Commencement No. 11) Order 2012 (SI 2012/264) modifies the definition of

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contaminated land to also include land where there is “significant possibility of significant pollution of controlled waters”. This applies to England only and not Wales.

Contaminated Land Statutory Guidance published in April 2012 provides for a new four category test which is intended to clarify when land does or does not need to be remediated, where Category 1 is deemed as being high risk and Category 4 as being low risk.

“Significant harm” is defined in the Guidance on risk based criteria and must be the result of a significant “pollutant linkage”. The presence of a pollutant linkage relies on the Source- Pathway-Receptor concept, where all three factors must be present and potentially or actually linked for a potential risk to exist. An initial assessment of pollutant linkage can be made qualitatively (i.e. through identifying these factors) and may be assessed using qualitative risk assessment models.

14.2.3 Water Resources Legislation

The aim of water legislation and policy in England is to protect both public health and the environment by maintaining and improving the quality of natural waters. These include surface water bodies (e.g. rivers, streams, lakes, ponds) and groundwater.

The Department of the Environment, Food and Rural Affairs (Defra) is responsible for all aspects of water policy in England. Management and enforcement of water policy is the responsibility of the Environment Agency (EA).

A summary of key relevant UK water legislation is:

. Environmental Protection Act (1990): sets out a range of provisions for environmental protection, including integrated pollution control for dangerous substances;

. Water Resources Act (1991): consolidated previous water legislation with regard to both the quality and quantity of water resources;

. Environment Act (1995): established the EA with responsibility for environmental protection and enforcement of legislation. This Act introduced measures to enhance protection of the environment including further powers for the prevention of water pollution;

. Water Industry Act (1999): consolidated previous legislation relating to water supply and the provision of sewerage services;

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. Anti-Pollution Works Regulations (1999): provide powers to the EA to stop any activity (e.g. construction) that is giving or is likely to give rise to environmental pollution or to adequately enforce pollution control measures;

. Control of Pollution (Oil Storage) (England) Regulations (2001): Impose general requirements for preventing pollution of controlled waters from oil storage, particularly fixed tanks or mobile bowsers. The Regulations make contravention a criminal offence;

. Water Act (2003): extends the provisions of the Water Resources Act (1991) and the Environment Act (1995) with regard to abstractions and discharges, water conservation and pollution control;

. Water Environment (Water Framework Directive) (England and Wales) Regulations (2003): require the development and implementation of a new strategic framework for the management of the water environment and establish a common approach to protecting and settling environmental objectives for groundwater and surface waters; and

. Flood and Water Management Act (2010): makes provisions about the management of risks in connection with flooding and coastal erosion.

14.2.4 Regional Policy

No regional policies have been identified.

14.2.5 Local Policy

The Birmingham City Council (BCC) Contaminated Land Team is part of the City Council's Regulatory Services Division and was formed in 2000 to implement the Council's duties under the provisions of the Part II (A) Section 78 A Environmental Protection Act 1990, details of which can be found in the BCC Contaminated Land Inspection Strategy (2nd edition, March 2008). The two main functions of the team are to:

. inspect all the land in the city to identify any contaminated land and take appropriate action to ensure risks or pollution of controlled waters are controlled and

. provide guidance to the Department of Planning in respect of development on brownfield land and liaise with developers as necessary. Information for Developers of Contaminated Land.

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14.3 Assessment Methodology

The assessment on the baseline documentation reviewed remains unchanged from the original Environmental Statement, although three additional groundwater and ground gas monitoring visits have been undertaken by Ground Investigation and Piling Ltd (GIP) on the 26th March 2013, 12th April 2013 and 24th April 2013. The findings of this work do not change the baseline condition assessment.

The assessment of contaminated soils in the UK follows a risk based approach and is structured in a tiered manner. As well as having a systematic approach to collecting the data it is also necessary to adopt recognised techniques and standards in assessing them and particularly with regard to environmental risk assessment.

The initial study involved the combination of a desk-based study and site based investigation. The site investigation was designed based upon the findings of the desk-based environmental study, known site conditions from an earlier site investigation (dated October 1994) in the north eastern area of the site, geotechnical requirements for the development and the need to characterise those materials most likely to be disturbed and excavated during the proposed redevelopment of the site.

14.3.1 Desk-based Review

The methodology employed in completing the desk-based review of the site and surroundings involved the following:

. a review of historical maps of the site and surrounding area to identify any potentially contaminative activities on or within the vicinity of the site;

. a search of the EA website regarding flood risk;

. a review of records held on a commercial environmental database, including records of landfills, water abstractions, pollution incidents, enforcements and prosecution actions;

. interpretation of the British Geological Survey Solid and Drift Map for Birmingham (Sheet 168, scale 1:50,000);

. interpretation of the EA Groundwater Vulnerability Map of the area (Sheet 22, South Staffordshire and East Shropshire, 1:100,000) and the Policy and Practice for the Protection of Groundwater Regional Appendix;

. a review of archaeological desk-based assessments for the site and surrounding area (Digbeth Cold Store, Birmingham, An Archaeological Assessment 2008, Birmingham

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Archaeology, report reference PN1864 and An Historic Environment Study 2005, Birmingham Archaeology report reference PN 1274, and An Archaeological Assessment of the Digbeth Economic Regeneration Area and Cheapside Industrial Area, Birmingham, Birmingham University Archaeological Unit, Report no. 337, April 1995);

. a review of a previous intrusive investigations of the north eastern area of the proposed development site. This investigation facilitated the assessment of chemical and geotechnical conditions across the north eastern site area;

. a review of an explosive ordnance desk-based assessment for the site (Explosive Ordnance Threat Assessment 2007, Bactec International Ltd, report reference 9465 TA 06/12/07); and

. site visit to assess current site activities, environmental setting and sensitivity.

The site investigation methodology is described below, with the findings and interpretation presented later in this report section.

14.3.2 Site Investigation Methodology

A site-wide geotechnical and environmental site investigation was undertaken in 2007 to support the design of the development proposals and provide characterisation of the site for the planning application and associated EIA. In addition, prior to the site investigation, a number of archaeological trial trenches were excavated at the site at the end of 2007, as part of the initial archaeological investigation of the site. The opportunity was taken during the excavation of these trial trenches to obtain some shallow soil samples to also assist in the characterisation of the site.

Sampling locations were positioned to provide a representative spatial assessment of the ground conditions, to target identified areas of potential contamination (e.g. former Cold Store engine house) and to provide preliminary geotechnical information. The intrusive investigation was undertaken over a period of three weeks, from the 14th January 2008 to the 5th February 2008, with subsequent periods of sample analysis, monitoring and assessment of results. The archaeological trial trenches were undertaken throughout November and December 2007, during which time a limited number of shallow soil samples were obtained for chemical analysis. Details of the archaeological trenching investigation are presented in Chapter 08: Archaeology and Cultural Heritage; the results of the chemical analysis of soil sample obtained from these trenches are discussed later in this section.

The field site investigation comprised the following elements:

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. the drilling of nine boreholes by rotary drilling methods and installation of permanent groundwater and gas monitoring wells;

. the drilling of six shallow window sample holes by hydraulic sampling equipment;

. the excavation of one trial pit (to expose a small area of the Cold Store foundations);

. field examination and sampling of soil and groundwater;

. chemical analysis of selected soils and groundwater samples for a range of contaminants, which are likely to be associated with historical activities on the site;

. submission of selected soil samples for geotechnical testing; and

. monitoring of installed locations for land gases.

The sampling locations associated with this investigation are presented in Figure 14.1.

Boreholes

The investigation involved the excavation of nine boreholes (BH1 to BH9) to depths of between 20.0m bgl and 50.0m bgl using rotary drilling with mist flush techniques (addition of water to lubricate the drilling). These were drilled to establish the characteristics of the underlying strata at depth and to facilitate gas and groundwater sampling. For geotechnical purposes, all of the boreholes were progressed into the sandstone bedrock.

Upon completion of the geotechnical testing, boreholes BH1, BH3, BH4, BH6 and BH9 were grouted back up with cement/bentonite to c. 15m bgl to enable the monitoring and sampling of groundwater. The remaining four boreholes (BH2, BH5, BH7 and BH8) were grouted up to the base of the made ground horizon in order to provide information on any land gas being produced in the shallow soils at the site.

The rotary drilling rigs used temporary steel casing to prevent the boreholes from collapsing and to prevent influx of contaminated soils and groundwater that may potentially have been present. No fluids or foams were used during the drilling operations other than small amounts of clean water to assist the driving of the casing. The drilling tools and casing were cleaned by washing down with mains water after completion of each borehole to prevent possible cross contamination between borehole locations.

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WS5

WS1A BH5 WS1 BH3

AP3 BH2 B9H BH1 A2P A4P

BH4 BH8 AP5

WS2

WS3 WS4 BH7 TP1 Key AP1 Archaeological Trench Locations

Trial Pit Location BH6 Dynamic Sampler Locations

Borehole Locations

Figure 14.1: Sampling Location Plan

The boreholes were completed as gas and groundwater monitoring wells using 50mm diameter high density polyethylene (HDPE) standpipes with a combination of solid casing and slotted well screen, set within a 2-5mm gravel filter pack. The wells were completed with flush steel monitoring well covers.

Window Sample Holes

In addition to the boreholes the excavation of five window sample holes was undertaken (WS1, WS1A, WS2 - WS4) to depths of up to 4.00m bgl, using hydraulically-powered sampling equipment, to enable the visual assessment and logging of shallow ground conditions in hard- surfaced or difficult to access areas of the site. It should be noted that WS1 was terminated early, c. 0.7m bgl, due to the presence of cobbles and whole bricks and was subsequently moved to a new position (WS1A).

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All five window samples were reinstated (grouted) following the visual assessment, logging of the ground conditions and the collection of soil samples.

Trial Pit Sampling Location

A single trial pit was excavated for the purpose of assessing part of the Cold Store’s foundations. The trial pit was excavated by hand to a depth of 1.2m bgl and continued using a JCB excavator until 1.9m bgl.

It should be noted that the positioning of all excavations was restricted due to the presence of the current buildings, the presence of live services and by on-going operational activities at the site.

Sample Acquisition and On-site Analysis

Soil

Soil samples were obtained from the boreholes, window sample holes and trial pit location at regular intervals, on changes in strata, or horizons of observed potential contamination. The samples were collected using clean instruments, and examined for visual and olfactory evidence of contamination and selected samples were then subjected to headspace testing for Volatile Organic Compounds (VOCs) on-site using a Photocheck +1000 Photo-Ionisation detector (PID) fitted with a 10.6eV lamp. Due to the general absence of visual and olfactory evidence in samples taken from across the site not all samples were headspace tested.

Headspace testing involves analysing the sealed atmosphere of a soil sample for volatile hydrocarbons. The presence of hydrocarbon vapours acts as an indication of contamination in the soil, although not an absolute measurement of the concentration of volatile

hydrocarbons. A wide spectrum of organic vapours including aromatics, amines, alkanes (>C4), certain chlorinated solvents, alkenes and heterocyclics can be detected by the PID. The limit of detection for most species is 0.2ppmv (parts per million by volume), the operating range of the PID is 0.1 - 2000ppmv.

Groundwater

Groundwater samples were obtained from the borehole locations after completion of the well installations. Prior to sampling the groundwater in each well, the depth to groundwater was first measured and the well developed by the removal of water, using disposable Waterra tubing, until the dissolved oxygen, pH and conductivity of the water extracted was stable. The groundwater levels were then allowed to recover before sampling to ensure that the samples were of “fresh” groundwater, representative of the surrounding water bearing strata. Samples were then obtained using a disposable HDPE bailer, which were specifically dedicated

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to each well to avoid cross-contamination between sampling locations. These were disposed of following use. The groundwater samples were assessed in the field for sheens, colour and odours and particularly examined for the presence of free-phase product (i.e. a distinct layer of contaminated non-aqueous liquid such as oil).

Gas Monitoring

Soil gas concentrations were recorded in each of the boreholes on several occasions. Measurements were taken using a fully calibrated portable infra-red gas analyser (Geotechnical Instruments Gas analyser GA2000) and soil gas was monitored for the presence of flammable gas (calibrated as methane), carbon dioxide, oxygen, hydrogen sulphide, carbon monoxide and atmospheric pressure. Gas flow rates were additionally monitored using an integrated gas flow pod.

14.3.3 Data Interpretation and Risk Assessment

In accordance with the current legislation and statutory guidance, a site specific conceptual model has been developed based on the principles of CLR11 and interpretation of information gathered. This allows the identification of potential pollutant linkages and whether these linkages have the potential to comprise significant harm and/or pollution of controlled waters in relation to the Site. Based on this interpretation, the implications for potential liability associated with soil or water contamination at the Site can be evaluated.

The CSM concludes with potential pollutant linkages for the Site given the current setting:

. SOURCES – the identification of contaminants within the soils and groundwater that represent potential pollution sources;

. PATHWAYS – the identification of the potential exposure mechanisms and migration pathways from the potential sources; and

. RECEPTORS – the identification of the potential receptors that could be sensitive to harm if exposed to these pollution sources.

Collectively, each of these scenarios would be considered a potential pollutant linkage that may require further assessment.

Soils

Assessment of contaminated soils in the UK follows a risk based approach and is structured in a tiered manner. As well as having a systematic approach to collecting the data it is also

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necessary to adopt recognised techniques and standards in assessing them and particularly with regard to environmental risk assessment.

The information gathered during the site investigation was utilised to develop a conceptual site model based on the risk assessment principles of source, pathway and receptor.

The soil analytical results have been compared against an appropriate set of assessment criteria:

. Soil Guideline Values (SGV’s) for the 11 compounds published in 2009 by the Environment Agency (EA); and

. Suitable 4 Use Levels (S4UL) for 89 substances published by the Chartered Institute of Environmental Health (CIEH) and the Land Quality Management Group (LQM) in 20152. S4UL replaces the 2nd edition of the LQM/CIEH generic assessment criteria published in 2009. The LQM/CIEH S4ULs are intended to provide a complete and updated replacement for the LQM/CIEH General Assessment Criteria (GAC).

The SGV values for soil assessment were developed in accordance with current UK legislation and Environment Agency policy using the Contaminated Land Exposure Assessment (CLEA) risk assessment model (CLEA Version 1.06). The S4UL values are based on health criteria values, updated to reflect changes since 2009. They are derived for the standard CLEA land uses and the two public open space scenarios outlined in document SP10103 (CL:AIRE, 2014). The S4ULs are also compliant with EA document SR24 and the long standing principle of 'suitable for use' whilst also reflecting changes to exposure parameters outlined in document in SP1010 (CL:AIRE, 2014).

In essence the S4UL values are intended to be ‘trigger values’ that mark the concentration of a substance in soil at or below which human exposure can be considered to represent a ‘tolerable’ or ‘minimal’ level of risk such that the land is suitable for its use.

Neither of these guidelines referred to have any legal status in the UK, they merely provide a useful screening guide to help identify where more site specific risk assessment may be required i.e. exceedence of a guideline value should trigger further consideration and not be presumed to imply remediation is needed. Where known contamination exists above

2 Nathanail, C.P.; McCaffrey,C.; Gillett, A.G.; Ogden, R.C. & Nathanail, J.F. (2015), LQM/CIEH Suitable 4 Use Levels, Land Quality Press, Nottingham, ISBN: 978-0-9931084-0-2 3 Contaminated Land: Applications in Real Environments (CL:AIRE) (2014), SP1010 – Development of Category 4 Screening Levels for Assessment of Land Affected by Contamination, Final Project Report (Revision 2) 4 Environment Agency (2009), Human health toxicological assessment of contaminants in soil, Science Report – Final SC050021/SR2

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guideline values and this presents a significant risk to potential receptors then more sophisticated site specific Quantitative Risk Assessment (QRA) can be undertaken to better define the risks and identify appropriate remediation target values for the substances of concern.

Groundwater

With regard to the protection of specific water resources, the main legislative directive within the UK and Europe pertinent to the protection of water quality is:

. EC Water Framework Directive (WFD) (2000/06/EC) aims to introduce a simpler approach which will result in greater protection. In addition, the WFD establishes a legal framework for the provision of sufficient quantities of good quality water across Europe. It requires EU member states to aim to achieve ‘good ecological and chemical status in all water bodies (both groundwater and surface water) by 2015.

In the UK, much of the implementation work will be undertaken by competent authorities. It came into force on 22 December 2000, and was incorporated into UK law (transposed) in 2003:

. The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003

The groundwater analytical results have initially been compared to Environmental Quality Standards (EQS) for freshwater. In August 2010 new EQS’s were published under the Priority Substances Directive, a daughter directive of the Water Framework Directive. In the UK the European EQS’s have been adopted in the River Basins Districts Typology Standards and Groundwater Threshold Values (Water Framework Directive) (England and Wales) Direction 2010. The EQS’s are detailed in Part 4 (Specific Pollutants) and Part 5 (Priority Substances) of the Directive.

In the absence of an EQS under the WFD, reference has been made to the former EQS under the Dangerous Substance Directive or the UK Water Supply (Water Quality) Regulations 2000 (known as the Drinking Water Standards (DWS)). The values provided within the latter legislation generally represent conservative reference values and they should not be applied prescriptively for all situations, particularly where water is not abstracted for drinking water supplies as is the case on this site.

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Land Gas

A number of new guidance documents have been produced for new developments on gassing sites. BRE Report 465 (2004)5 is aimed at providing a framework for planners to ensure ‘contaminated land’ issues are adequately addressed, including guidance for methane and other ground gases. The framework includes CIRIA’s report 149 (1995)6, which provides further guidance and an initial attempt at characterising gassing sites in terms of volume of gas rather than just concentrations. This was further developed by Wilson and Card’s paper in 19997, which provided an approach considering the distribution of gas concentrations and flow rates. For the purpose of this assessment, reference has been made to the more recent CIRIA report 6658, which provides the most up to date and comprehensive reference criteria for assessing land gas, by providing advice relevant to existing or planned development and a step-wise approach to risk assessment.

The CIRIA C665 document uses both gas concentrations and borehole flow rates to define a characteristic situation for a site based on the limiting borehole gas volume flow for methane and carbon dioxide. This provides a Gas Screening Value (GSV), based on the maximum gas concentrations (methane or carbon dioxide) and flow rates recorded at the site (Gas Screening Value (l of gas per hour) = borehole flow rate (l/hr) x gas concentration (%)), which then enables an appropriate Characteristic Situation to be determined. The GSV should only be considered as a guideline value and not an absolute threshold.

14.4 Baseline Conditions

14.4.1 Current Site Activity

The baseline condition in respect of current activities on site remains as previously identified, although the Beorma Phase 1 development area is currently under construction (Figure 14.2 and Figure 14.3).

5 P Tedd, P Witherington, D Earle, S Hollingsworth, B Furlong, L Bradley, H Mallett, D Laidler (2004), BRE Report 465, BR465 Cover systems for land regeneration - thickness of cover systems for contaminated land 6 Construction Industry Research and Information Association (1995), CIRIA Report 149 - Protecting Development from Methane, January 1995 7 Wilson SA, Card GB (1999) Reliability and risk in gas protection design. Ground Engineering, February 1999 8 Construction Industry Research and Information Association (2007), CIRIA Report C665 - Assessing risks posed by hazardous ground gases to buildings, London 2007

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Figure 14.2: Current site layout, Aerial view looking northwest

Figure 14.3: Proposed Site location

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Google Earth Imaging with the permission of Google – Licensed to Earth & Marine Environmental Consultants Ltd.

The initial study concluded that the site overall had the potential for contamination to be present as a result of current site activities to be low to moderate.

14.4.2 Historical Land Uses

A number of historical maps were examined as part of the desk based review. A summary of the historical development of the site, together with the local surrounding off-site areas is detailed below.

Site

The earliest available map on the database, dated 1890, indicates that the site was already located within the Digbeth area of the City of Birmingham, by which date the site appeared to have been developed with a number of residential or commercial properties. By 1905, a number of the buildings appeared to have been removed in the south-eastern portion of the site, with a larger unidentified building having been constructed on the southern boundary. By 1927, there had been further reconfiguration of the buildings on site and a picture house and public house were annotated on the western boundary.

By 1937, the large building on the southern boundary was annotated as an ice factory, and by 1952, as cold storage. A number of warehouses (including the former picture house), a weighing appliances works and a social club were also located on the site. Orwell Passage had been developed leading from the eastern boundary through to the centre of the site. By 1971, the ice factory and cold storage were annotated as a cold storage depot, which by 1978 was annotated as a depot.

By 1992, the warehouse on the northern boundary of the site was no longer shown. No significant changes to the site were apparent on subsequent maps dated 1994, 1996, 1999 and 2006.

An archaeological desk study of the site undertaken by Birmingham Archaeology in 2008 (Digbeth Cold Store, Birmingham, An Archaeological Assessment 2008, report reference PN1864) and in 2005 (An Historic Environment Study 2005, report reference PN 1274) confirmed that the site in fact dates back to medieval times in terms of development, when the town of Birmingham was first developed. The site would have been laid out in burgages, plots of land usually longer than they were wide so as to enable as many properties as possible to access the street frontage (the Digbeth frontage was already built up by 1688). In addition, a twelfth century boundary ditch (Hersum Ditch) is thought to extend onto the site from the Park Street car park development adjacent to the north-west of the site.

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By 1795 the George Inn was located in the south western corner of the site and Allison Street had been constructed; Well Lane was constructed by 1828. The larger scale map of 1860 shows that the site is well developed with burgages and identifies a museum, public house and music hall in the western site area, along the western boundary, and a cistern in the north eastern site area. The first edition OS map indicates that the area in the north of the site does not follow the burgage plot system; this area is more open and spacious and is likely to have been laid out in the nineteenth century. By the mid nineteenth century many of the yards behind the Digbeth properties contained courtyard housing (these were in fact recorded in the 1832 rate book and some of which may be even older). These courtyard houses remained until the end of the 19th century, where numbers 120 to 134 were demolished for the construction of the Cold Store, which was accompanied by the construction of Orwell Passage.

The reports go on to summarise the development histories of each of the individual plots at the site. From this it is apparent that a range of individuals and small businesses have been present at the site since its first development including, but not limited to, public houses, grocer, chandler, cabinet maker, woolcomber, dyer, saddlers tools and pinking irons maker, butcher, poulter, tailors, shear maker, brazier/tin plate maker, wood and bone brush maker, milliner, saddler, boot maker, wholesale druggists, and tallow chandler and tea dealer.

Information gleaned from the 2008 archaeology assessment and a 1995 archaeological study for the site (Birmingham University Field Archaeology Unit (BUFAU) 1995, as commissioned by Birmingham City Council) noted that the former Digbeth Mineral Springs (mineral water manufacture from 1850) was situated in the north eastern area of the site, on the south side of Well Lane, at the corner of Well Lane and Allison Street, which reportedly was originally built as a school. Adjoining this three storey building was a cistern (as shown on an 1860 map) at the same location as a spring (as shown on an 1808 map). In 1889 workmen came across a large tank whilst lowering the yard (the tank was dated 1854), which was fed by a 400 feet deep (122m) artesian bore. The bore was connected via culverts to a series of wells, which in turn were connected to an underground reservoir circa 40 feet (12m) long. Workmen noted from the pattern of brick work that this was already quite dated. The wells were amongst many on the Park Street side of upper Digbeth, which was called Well Street in the 18th century, and included wells in many of the cellars fronting Digbeth, which would have provided an extensive water supply.

Surroundings

On the earliest available map, dated 1890, the surrounding land use appeared to generally comprise residential and commercial properties as part of the Digbeth area of the City of Birmingham. Allison Street Works (furniture) was annotated immediately north of the site with further small-scale industrial operations located in the wider surrounds. A large area

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annotated as Smithfield Market was annotated 60m south of the site. A series of railway lines were annotated 130m north of the site.

By 1927, Moor Street Station had been constructed 80m north of the site; beyond the railway to the north larger scale industry had developed. By 1937, a metal works had been developed 15m east of the site and an omnibus depot was annotated 150m south-east. By 1952, the metal works had expanded and was annotated as a metal perforating works. Moor Street Station had also expanded with a large goods shed and a number of additional railway sidings, one of which led to a point 30m north of the site. An engineering works, printing works, factory and warehouse had all developed in the area 10m north of the site, with Smithfield Garage and a number of warehouses having been developed 80m east.

By 1960, the majority of the buildings that had been immediately west of the site were not annotated. By 1971, the Bull Ring Centre had developed 120m west of the site and a garage and a multi-storey car park had developed 20m north-west.

By 1992, a car park had developed adjacent to the north-eastern boundary of the site. Smithfield Market had expanded and renamed as Wholegale Markets. The goods sheds associated with the railway was no longer depicted. On subsequent maps dated 1996 and 1999, no significant changes were apparent. On the latest available map dated 2006, the Bull Ring Centre had been redeveloped and extended to c. 10m to the west of the site. The garage and multi-storey car park that had previously been located 20m north-west were no longer present.

Other Sources of Historical Information

Tunnels

In major city centres there is often a network of tunnels associated with communications and civil defence and in that respect Birmingham is no exception. The Birmingham Anchor Exchange comprises a number of tunnels beneath Birmingham City Centre. These were constructed in the 1950s when the government planned to protect essential communications by building a series of underground telephone exchanges, designed to protect the chain of communications should an atomic bomb destroy the city above. Due to advances in weapons the tunnels were obsolete by the time they were complete, however they still played an important part in national communications. Construction of the new exchange started in 1953 with a cover story was that a new underground rail network was being built. Work progressed until 1956 when the public were told the project was no longer economic. According to a plan of the tunnel system, none of these tunnels appear to run beneath the site.

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A number of borehole logs were obtained from BGS for proposed “Birmingham tunnels”. A plan accompanying the logs (dated 1969) indicates that one of these proposed tunnels may have passed close to the site. However, EAME is not aware of these tunnels having ever been constructed.

Explosive Ordnance Threat Assessment

Bactec International Ltd was commissioned to undertake a desk-based explosive ordnance threat assessment of the site (report reference 9465TA06/12/07), given that the city would have been the subject of bombing campaigns during WWII and thus unexploded ordnance could exist. Pertinent information from the report is detailed below; however, the entire report is presented in Appendix 14.3. It was concluded that:

. there is a low-medium risk of encountering explosive ordnance at the site; and

. there is a low-medium risk of unexploded ordnance remaining within the boundary of the site. This is due to the fact that three incendiary bombs were recorded to within the site boundary.

Summary of Potential for Contamination from Historical Activities

The site since its initial development in the 12th century has been occupied by a wide variety of trades people and small businesses prior to the 1900s. Since the 1900s, the site has been under commercial and industrial usage with uses of the site including a Cold Store (ice works) and a weighing appliance works. Currently the site is, in the main, in commercial use with offices, a book retailers, public house, small shop (food). In addition, there are a number of vacant disused buildings and car parking areas.

The potential for historical contamination to be present on the site is considered to be moderate. The demolishment of buildings over the years and the presence of the Cold Store (ice works), a weighing appliance works, and more recently a car park (a large percentage of which is unsurfaced) located in the north eastern area of the site, may have led to contaminants such as ammonia, metals, hydrocarbons, Polycyclic Aromatic Hydrocarbons (PAHs), volatile and semi volatile organic compounds (VOCs and SVOCs) and asbestos.

The Cold Store had a boiler house associated with it. If this was oil fired and there was an oil storage tank on the site and/or underground pipelines conveying the oil to the boiler, this does represent a potential pollution risk.

There is also a possibility that tanneries existed in the area, but as a medieval practice this would have utilised vegetable dyes which would degrade and would not involve the pernicious pollutants typically associated with 19th and 20th century tanneries.

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Surrounding Area

Historically, the surrounding area has contained some medium to large scale industrial activity, which has the potential to cause contamination of soils and groundwater, but this is likely to be limited and localised in nature.

14.4.3 Regulatory Authority Information

Birmingham City Council’s Environmental Health department provided the following information, as detailed in their Environmental Search Report which is presented in Appendix 14.2:

. the site has not yet been assessed as part of Birmingham City Council’s Contaminated Land Inspection Strategy. However, the Council has examined the Departments’ records in order to express an opinion as to the potential for land contamination to have taken place, and therefore whether the site might be considered to be ‘contaminated land’ for the purposes of Part IIA of the Environmental Protection Act 1990. The Council has stated the site does not appear to have been associated with any past uses that may have potentially resulted in significant land contamination taking place, and the current use is not thought to pose significant exposure to receptors, then the Council is of the opinion that when the land is assessed during the implementation of the Council’s Contaminated Land Strategy it will be identified as not being a priority for further detailed inspection, and as such this department is unlikely to take may further action in respect of Part IIA of the Environmental Protection Act 1990;

. the Council is not aware of any leaks or spills on the site and hold no site investigation data for the site;

. according to the Council’s records, there are no landfill sites within 250m of the site. However, there are two former waste transfer stations within the same search radius;

. there are no entries on the Environmental Health database regarding nuisance issues, prosecutions or enforcements;

. there are two entries on the Local Authority Private Water Supply Register within 2km of the site. One is located c. 490m north-west of the site and is registered to Burlington Hotel, 126 New Street. The second entry is located 700m north-west of the site and is registered to Grand Hotel, Colmore Row;

. according to the Air Raid Warden (ARP) records there was significant bomb damage within the vicinity of this property during World War II;

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. the site or land within the vicinity of the site does not lie within a known floodplain; and

. there is one Part A process within 250m of the site. This is registered to Attenborough & Peacock (BHam) Ltd (ref: AS 7540) and is located 155m north-east of the site. The site is authorised to process non-ferrous metals.

The Planning Department of Birmingham City Council was contacted with regards to any current or historic planning records pertaining to the site. The information provided is summarised in Table 14.1 below.

Table 144.1: Planning History of the Site

Application No. Description Decision Date

C/04279/06/FUL 123 Digbeth, Hennessey’s Bar – Approve - 17/08/2006 external alterations including new conditions windows and doors to ground and first floor

C/02549/06/FUL 123 Digbeth, Hennessey’s Bar – two Refuse Date not storey front extension comprising provided ground and first floor terraces, external alterations

C/07666/04/FUL 136 Digbeth, Makepeace House – Approve – 13/01/2005 change of use of ground floor from use conditions class A1 to use class A2

C/00070/03/FUL 137 Digbeth, City – new shop front Approve – 29/03/2003 conditions

C/04848/03/FUL Well Lane, land off – renewal of Approve 18/10/2003 consent for public car park temporary

C/03853/02/FUL 138 Digbeth, city – erection of office Approve – 08/10/2002 extension conditions

C/02499/01/FUL 138 Digbeth, city – installation of 3 Approve – 01/11/2001 antennas, 2 dishes and equipment conditions cabin

C/00685/00/FUL Well Lane, (land off) – continuation of Approve 11/08/2000 use of public car park (on former temporary derelict land)

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Application No. Description Decision Date

C/00862/00/FUL 137 Digbeth, Deritend – use of disused Approve – 12/06/2000 building for 4 flats conditions

C/02071/00/FUL 125 Digbeth, City – continued use as Approve – 16/06/2000 private taxi hire office conditions

C/01355/99/FUL 125 Digbeth, Digbeth Cold Store – use Approve 24/05/1999 as private taxi hire office temporary

C/01316/98/ENF 123 Digbeth, Digbeth – appeal against Refuse 08/07/1998 discontinuance notice – 1 x 48 sheet display panel

C/02145/97/FUL 125 Digbeth, Digbeth cold Store – use Approve 11/12/1997 as private hire vehicle office. temporary

C/01677/97/FUL 123 Digbeth – change of use to café Approve – 07/08/1997 bar/lounge and function room (A3 Use conditions Class)

C/01378/96/FUL 125 Digbeth – establishment of a radio Invalid application Date not controlled mini cab business with provided office and ancillary car parking

C/04258/96/FUL 138 Digbeth – Birmingham Voluntary Approve 06/02/1997 Service Council – rear extension to conditions BVSC premises to provide meeting rooms and ancillary staff office space on mezzanine

C/03366/96/FUL Well lane – land off, Digbeth – Approve 06/03/1997 formation of car park and associated temporary boundary treatment

C/03850/94/FUL 140 – 140A Digbeth, city – use of land Approve – 15/12/1994 for parking conditions

C/02581/92/BCC Well Lane/Allison Street, provision of a Withdrawn 17/05/1993 temporary pay and display car park

C/02369/91/FUL 140/140A Digbeth, Birmingham – 1st Invalid application Date not 2nd floor change of use from domestic provided to office

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Application No. Description Decision Date

C/01764/91/FUL 135 – 136, Digbeth, Birmingham – Approve – 27/06/1991 C/O/U PT ground floor to A2 conditions finance/professional services C/O/U PT Ground/ 1ST Floor to office use/erect glazed atrium/alter elevations/new fire escape

59739/000 Premises in Orwell Passage, Digbeth – Approve – 10.09.1981 change of use to wholesale warehouse conditions

52884/000 Union Cold Store, Digbeth near corner Approve 21.02.1980 of Allison Street, Birmingham – widening of the existing entrance to the store

31762/000 135 – 136 Digbeth – conversion to flat Approve 09.04.1970 second floor and part of first floor

31762/001 135 Digbeth Birmingham – use of Approve 04.05.1983 ground floor as a licensed restaurant with ancillary storage at basement level

31762/002 135/6 Digbeth – change of use of Not provided Date not second floor to offices , demolition of provided outbuilding and garage for car parking and loading

31762/003 135/6 Digbeth Birmingham – change of Approve – 30.04.1987 use of first floor to private members conditions club

31442/001 123 Digbeth – retention of extension Approve – 10.01.1980 for use as foyer toilers and storeroom conditions

31442/000 123 Digbeth, ext to existing premises Approve 15.01.1970

31442/002 123 Digbeth, proposed extension to Not provided Date not function room at first floor level and provided new cellar at ground floor level

14410/003 142 Digbeth Bham – retention of Approve 07.01.1960 existing building as florist shop

14410/000 142 Digbeth, Birmingham – shop Approve 11.08.1955

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Application No. Description Decision Date

14410/001 Site of No 142 Digbeth Bham – erection Approve 25.01.1956 of temporary florists and greengrocers shop

14410/002 142 Digbeth Bham – retention of Approve 04.12.1958 existing building

12143/00 Well Lane, Digbeth – covered yard Approve 03.09.1953

12143/001 Well Lane (Baragwanath Ltd) – covered Approve 25.02.1954 yard

07738/000 137 Digbeth – change boot repair Approve 22.06.1950 service to café on ground floor

07738/001 137 Digbeth, Use of manufacture of Withdrawn by Date not florists sundries, etc appcnt provided

07738/002 137 Digbeth, warehouse with office Approve 02.11.1971 accommodation

07738/003 137 Digbeth, change of use from retail Approve – 11.01.1979 shop to wine bar conditions

07315/000 140 Digbeth Bham – change of use to Approve 06.04.1950 leather warehouse

07315/001 140 Digbeth Bham – use as leather Withdrawn 22.06.1950 warehouse

07315/002 140 Digbeth – extension of existing Approve 21.11.1963 premises

07315/003 140 Digbeth City – change of use and Approve 01.12.1971 shop front

07315/004 140 Digbeth – change of use to Indian Approve 11.01.1973 restaurant with living accommodation for staff above

06332/002 139 Digbeth, alterations to provide Approve 06.08.1975 office and storage accommodation

06332/001 Rear entrance to 138 Digbeth Wall Approve 17.01.1957 Lane – yard covering

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Application No. Description Decision Date

06332/003 138 & 139 Digbeth – refurbishment of Not provided Date not existing offices and ground floor show provided room demolition of outbuildings in yard and ….. [no further information provided].

14.4.4 Environmental Database

The following information has been obtained from a search of a publicly available third-party environmental database:

Landfills

There are no records of former or operational landfill sites on the site or within a 1km radius of the site.

Waste Transfer/Treatment/Disposal Sites

There are four registered waste transfer sites within 1km of the site. The nearest is located c. 370m to the east of the site, and is authorised for builders wastes and household wastes. This site is categorised as a small site (equal to or greater than 10,000 tonnes and no more than 25,000 tonnes of waste per year).

There are six waste treatment or disposal sites within 1km of the site. The nearest is located circa 600m to the south east. The site, Kang Refinery Services, is authorised to accept ceramic wastes, electronic computer equipment, jewellery cuttings/sweepings/polishings, metals, paper/rags, and contaminated non-ferrous metals.

Waste Management Sites

There are thirteen licensed waste management facilities within 1km of the site. The nearest facility is located c. 300m east. This relates to a waste transfer station, which is permitted for the transfer of household, commercial and industrial wastes.

Discharge Consents

There are no current licensed surface water discharge consents associated with the site.

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There are thirteen discharge consents within 1km of the site. The nearest is located 34m to the south of the site and authorises Severn Trent Water Limited for the discharge of storm sewage overflow into the River Rea via a surface water sewer.

EPR (formerly IPC/IPPC) Authorisations

There are three facilities permitted under the Environmental Permitting (EP) Regulations within 1km of the site. The nearest permitted facility is located 434m to the east of the site. Anopol Limited is permitted to operate a process involving the surface treatment of metals & plastics (>30m3).

LAPPC Authorisations

There are twenty nine Local Authority Pollution Prevention and Control (LAPPC) permitted facilities within 1km of the site. The nearest LAPPC permitted facility is 150m to the east. Hartwell Smithfield Plc. is permitted to operate a process involving the coating of metals and plastic.

Pollution Incidents

The EA has one record of a pollution incident associated with the site. This involved the release of firewater into an unnamed watercourse in 1999. This was classified by the EA as a minor incident.

Prosecution and Enforcement

There have been no enforcement or prohibition notices issued to the site or any other sites within a 1km radius.

Radioactive Consents

No consents are listed for the holding or disposal of radioactive material at the study site or within a 500m radius of the site.

COMAH

There is one COMAH facility within 1km of the site. Macdermid Plc is located 863m to the east, and is classified as an upper tier COMAH facility.

Explosive Sites

There is one explosive site within 1km of the site. The Birmingham Gun Barrel Proof House is located c. 550m to the north east.

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Planning Hazardous Substances Consents

There are three Planning Hazardous Substances Consents within 1km of the site. The nearest is located c. 278m to the north east of the site. This consent authorises Travel Gas (Midlands) Limited for the storage of liquefied gas and natural gas.

Contaminated Land Register

According to the database there are no Contaminated Land Register Entries or notices associated with the study site or any other sites within a 1km radius.

Fuel Station Entries

There are two operational fuel stations within 1km. The nearest, operated by Texaco, is located circa 740m to the south west.

14.4.5 Review of Previous Investigation Report

Well Lane, Digbeth – Factual and Interpretive Report on Geotechnical and Environmental Ground Investigation, Birmingham City Council, October 1994 (Report Ref 114247)

A geotechnical and environmental investigation was undertaken in the north-eastern part of the site in 1994. The key aspects of this report are summarised within this section.

A desk study undertaken by Birmingham City Council for this part of the site identified various historical uses including terraced housing, retail warehouses and works buildings. Anecdotal information suggests that a well was present on the site, where Well Lane and Alison Street meet.

The site investigation involved:

. the drilling of four 150mm diameter shell and auger boreholes (BH2-BH5) between 4.0m (BH2) and 6.5m (BH5). Monitoring standpipes were installed in boreholes BH2, BH4 and BH5 (to avoid a pathway for the migration of any contaminants the base of each borehole was grouted up with bentonite to made ground level); and

. the excavation of six trial pits between 1.9m (TP2 and TP5) and 4.1m (TP1).

Published geology for the area indicates that the site is located on Bromsgrove Sandstone (formerly known as Lower Keuper Sandstone), which outcrops at the site surface. The Birmingham Fault appears to follow along the line of Alison Street, and to the south east of this Mercia Mudstone is shown to outcrop at the surface. To the north and west of the site

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are glacial Sands and Gravels overlying the sandstone and to the south and west of the outcropping Mudstone, the Mudstone is overlain by alluvial deposits associated with the River Rea.

Ground conditions encountered at the site can be summarised as:

Made Ground (ranging from 1.3m bgl (BH3 and BH5) to 2.4m bgl BH4): highly variable but included:

. grey brown slightly sandy gravel and cobble-sized fragments of bricks and reinforced concrete and boulder sized fragments of reinforced concrete, with fragments of metal, wire rope, steel bars and frames, wood, plastic, polystyrene, electrical wire, textiles, slag, paper and ceramics.

. grey black silty sandy clay with gravel, clinker, slag, coal and partially decomposed wood.

. black silty sandy clay with gravel, clinker, slag, ash, rootlets and brick.

. black silty clayey sand with gravel, clinker, slag, ash, plastic and rootlets.

. concrete slab.

Note that the base of the made ground was not proven in trial pits TP2, 3, 4 and 5 in which concrete slabs (possible former basements) were encountered between 1.9m and 2.4m.

Natural strata:

Glacial Drift Deposits

Sand and gravel was encountered in TP1 only (1.4 – 2.2m bgl) comprising yellow to orange brown slightly silty sand with much gravel and some pockets of silty sandy clay and a thin band of red brown silty very sandy clay with occasional gravel and fragments of semi-decomposed organic material.

Bromsgrove Sandstone

Completely weathered sandstone was encountered in boreholes BH2, BH3 and BH4 and trial pit TP1 (2.2m bgl (TP1 and BH2) to 4.4m bgl (BH3)) comprising silty fine to course sand with occasional gravel.

Highly weathered sandstone was encountered from 3.6m bgl (TP1 and BH2) to 5.3m bgl (BH3) comprising red brown silty fine to medium grained sandstone, strength ranged from weak to moderately strong.

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Mercia Mudstone

Completely weathered Mercia Mudstone was encountered in BH3, BH5 and TP6, ranging from 1.3m bgl (BH5) to 3.5m bgl (BH3), comprising red brown silty clay and brown silty clay with many mudstone lithorelics. Moderately weathered Mudstone was encountered in BH5 (4.0m bgl) and TP6 (3.5m bgl).

Groundwater

Groundwater was encountered in BH2, BH3 and BH4. Groundwater was struck between 3.5m (BH2) to 4.5m (BH4) in the Bromsgrove Sandstone. Depths, after twenty minutes, rose to between 2.65m bgl (BH2) and 3.3m bgl (BH4).

In BH5 only groundwater seepage was encountered at 4.7m bgl (Mercia Mudstone). Slight groundwater seepage was encountered in TP6 at 3.5m bgl.

Standing water levels:

. BH2 ranged from 1.5m bgl to 2.0m bgl (standpipe installed at 2.0m bgl);

. the standing water level for borehole BH3 have not been recorded, however during drilling of the borehole, that water level rose to 3.10m bgl after 20 minutes; and

. BH4 and BH5 were dry (base of standpipes 2.2m and 1.2m respectively).

Chemical Analysis

Selected soil samples were submitted for chemical analysis for pH, metals, chloride, total Poly Aromatic Hydrocarbons, cadmium, total cyanide, total phenols, total extractable matter (TEM), sulphate and sulphide.

Groundwater (one sample) was analysed for the above as well as aluminium, ammoniacal nitrogen, manganese and conductivity.

Geotechnical testing included moisture content, Atterburg Limits, particle size distribution (coarse grain), undrained triaxial test, one dimensional consolidation test, pH and total sulphate.

Gas Monitoring

Gas monitoring was undertaken on six weekly occasions. The results can be summarised as:

. methane <1.0% to 0.2% (BH2);

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. carbon dioxide <0.1% to 11.0% (BH2); and

. oxygen 21.1% to 5.7% (BH2).

If the above monitoring results are indicative of site-wide concentrations i.e. slightly elevated carbon dioxide concentrations, then some degree of risk assessment of whether or not gas protection measures would be required in built structures would be necessary. The development works, however, will involve large scale removal of site soils (Made Ground) down to natural levels which will also more than likely remove the organic matter in that soils that is probably giving rise to the gas levels observed.

14.4.6 Geology, Hydrogeology and Hydrology

Published Geology

According to the British Geological Survey (BGS) 1:50,000 solid and drift map of the area (Sheet 168, Birmingham) the site is located directly on Bromsgrove Sandstone, which generally comprises red brown sandstone, pebbly in parts, interbedded with mudstone in upper parts. Overlying the solid strata in the western site area is made ground. .

The southern eastern corner of the site is shown to be very close to the Birmingham Fault, a normal fault, that trends in a north-east to south-west direction and downthrows to the south- east. The Mercia Mudstone Group, which is younger and typically overlies the Bromsgrove Sandstone Formation, outcrops at surface on the south-eastern side of the fault. The Mercia Mudstone is understood to attain maximum thicknesses in the order of 400m in the middle of the Knowle Basin, 5 – 10km to the east of the city centre but at the site, it is interpreted to be in the order of 100m thick

According to data issued by the National Radiological Protection Board (2002), the land is located in an area where less than 1% of residential properties are above the action level for radon as set by the National Radiological Protection Board. No radon protection measures are considered necessary by the British Geological Survey.

Geological Field Observations

During the 2007 site investigation, the field observations of the geological conditions at the site were found to be largely consistent with published information and generally comprise the following strata:

. Made Ground was encountered in all sampling locations. This generally comprised either: hardstanding (asphalt) of varying thickness (BH1, BH2 and BH4), cemented brick (BH6, BH7 and TP1), a pre-formed concrete slab (BH9), gravel ‘black-top’ (BH3 and BH8),

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rough vegetation (WS1, WS1A, WS2 and BH5) or concrete (WS3 and WS4). These surfaces were underlain by a brown/grey sand, silt or clay with various quantities of brick, gravel concrete, whole cobbles and ash. At BH4, a possible infilled basement with a red-brick floor was observed. TP1 was terminated within the made ground, whilst all other locations were terminated within the natural strata.

. Natural deposits comprised a variable depth of silty gravelly sand (possible head deposits) at sample locations BH1, BH6, WS3 and WS4. At all other locations, the made ground was found to be directly underlain by the solid geology of either Bromsgrove Sandstone or Mercia Mudstone. The solid geology at the site can be broadly stated as comprising Mercia Mudstone on the southern and eastern elevations of the site, with the Bromsgrove Sandstone Formation on the northern and western elevations.

The ground investigation indicated that a normal fault traverses through the site, with Mercia Mudstone encountered beneath the south-eastern elevation of the site and Bromsgrove Sandstone outcropping beneath the remaining (north-western) area of the site. The fault appears to pass through the site beneath the Cold Store and could either be the Birmingham Fault, or possibly a separate fault associated with and running parallel to the Birmingham Fault. The fault is not considered to be geologically active and no significant movement is anticipated.

Summary of Geological Observations

The geological strata for the whole development site is summarised in Table 14.2.

Table 144.2: Summary of Site Geology

Strata Description Depth Encountered Thickness (m bgl)

Made Black-top, concrete, pre-formed From ground level. Generally Ground concrete slab, concreted brick, between asphalt or soil/clay matrix. 0.1 - 0.4m

Variable reddish brown – dark Between 0.1 and 0.6m bgl. Between grey gravelly/sandy clayey brick 0.8 -2.4m fill with localised pockets of black ashy sandy gravel, cobbles.

Head Light grey silty gravelly sand Between 0.9 and 1.3m bgl. Between Deposits 0.3 - 0.9m

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Strata Description Depth Encountered Thickness (m bgl)

Bromsgrove Reddish brown silty fine-medium Between 1.2 and 2.5m bgl. Not Sandstone SAND with occasional very thin to proven in thin beds of calcareous, well- excess of cemented and uncemented silty 48.50m sand. thickness

Mercia Very weak reddish brown Between 1.2 and 2.1m bgl. Not Mudstone fractured MUDSTONE with clay proven, in partings and occasional thin light excess of grey dolomite beds. 48.6m thickness.

Published Hydrogeology

According the Groundwater Vulnerability Map of South Staffordshire and East Shropshire (Sheet 22), the site is located on a Major Aquifer, relating to the sandstone solid stratum. Major aquifers are highly permeable formations, being highly productive, capable of supporting large abstractions for public supply and other purposes.

Source Protection Zones (SPZs) are defined for groundwater sources such as wells, boreholes and springs used for public drinking water supply. The site is not located within a designated SPZ, however, there are a number of designated SPZs and a groundwater source in the surrounding area.

According to a publicly available third-party environmental database, there are four licensed groundwater abstractions within a 1km radius of the site. The nearest is located 525m to the west. Burlington Hotel (formerly known as the Midland Hotel) is authorised for the abstraction of groundwater for general use. In addition, there is a public water supply abstraction borehole located c. 716m to the south. Water for water supply related use (transfer between sources) is abstracted by Severn Trent Water Limited.

In addition, according to the borehole logs obtained from BGS, there is a groundwater abstraction well beneath the former Cold Store on the site. The well (86m/282.6 feet in depth) appears to have been sunk for abstraction purposes when the site manufactured ice, the abstracted water being for ice making and general usage. The well was constructed circa 1899 directly beneath the works, the water being pumped to the surface at approximately 1,200 gallons per hour. A note with the borehole log, dated September 1942, stated that the borehole overflowed in 1900. Another note, dated October 1981, states that the well has been disused since 1965 and is sealed at present. The note goes on to state that the cellars

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and lift shaft have recently become flooded and that the borehole may possibly be opened for investigation.

From the drilling log for this borehole, dated c. 1918, it is apparent that the former cold store is located directly on sandstone bedrock. A note on the log, dated 1948, states that the well was dry and that it had failed in 1937 due to falling yields between 1899 and 1935.

Hydrogeological Field Observations

No shallow groundwater strikes/seepages were encountered in the made ground horizon. Instead the groundwater strikes were encountered in the solid geology of the Bromsgrove Sandstone in three of the nine boreholes (BH2, BH8 and BH9), whilst a water strike was observed within the Mercia Mudstone in BH1.

No discernible groundwater strikes were observed during the excavation of the remaining four boreholes (BH3, BH4, BH5 and BH6) due to the addition of clean water as a flushing medium. However, all of the boreholes subsequently ‘made water’ following well installation. It should be noted that large quantities of water were encountered during the intrusive investigation, particularly when drilling through the Bromsgrove Sandstone.

Details of the groundwater strikes are presented in Table 14.3.

Table 14.3: Groundwater Strike Details

Position Depth to Strike Strata Rise m bgl (after 20 Date m bgl minutes)

BH1 6.00 Mercia Mudstone 4.70 31.01.08

BH2 5.00 Bromsgrove Sandstone 2.60 21.01.08

BH8 3.10 Bromsgrove Sandstone 2.00 30.01.08

BH9 4.80 Bromsgrove Sandstone 3.10 22.01.08

Resting groundwater levels were monitored following the installation of the wells and prior to purging and sampling. The resting groundwater levels provide a more accurate representation of groundwater levels across the site compared to inflow depths. Following the conclusion of the investigation, the groundwater levels of all nine boreholes were normalised in relation to ordnance datum, as shown in Table 14.4:

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Table 14.4: Groundwater Levels

Position Date Groundwater level Ground Elevation Groundwater level (m bgl) (m AOD) (m AOD)

BH1 18.02.2008 6.80 106.887 100.087

25-26.03.2008 2.39 106.887 104.497

23.04.2008 2.48 106.887 104.407

BH2 13.02.2008 DRY 108.237 -

18.02.2008 DRY 108.237 -

25-26.03.2008 DRY 108.237 -

23.04.2008 DRY 108.237 -

BH3 13.02.2008 1.83 108.524 106.694

25-26.03.2008 1.79 108.524 106.734

BH4 13.02.2008 1.67 108.336 106.666

25-26.03.2008 1.61 108.336 106.726

23.04.2008 1.67 108.336 106.666

BH5 13.02.2008 DRY 109.610 -

25-26.03.2008 2.63 109.610 106.98

23.04.2008 DRY 109.610 -

BH6 13.02.2008 1.41 105.920 104.51

25-26.03.2008 1.42 105.920 104.5

23.04.2008 1.61 105.920 104.31

BH7 13.02.2008 DRY 106.822 -

25-26.03.2008 DRY 106.822 -

23.04.2008 DRY 106.822 -

BH8 13.02.2008 1.87 108.465 106.595

18.02.2008 0.75 108.465 105.715

25-26.03.2008 1.72 108.465 106.745

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Position Date Groundwater level Ground Elevation Groundwater level (m bgl) (m AOD) (m AOD)

23.04.2008 DRY 108.465 -

BH9 13.02.2008 2.90 109.686 106.786

25-26.03.2008 2.58 109.686 107.106

23.04.2008 2.90 109.686 106.786

m AOD = m Above Ordnance Datum BH2, BH5, BH7 and BH8 installed with a 50mm diameter standpipe within the Made Ground deposits. BH1, BH3, BH4, BH6 and BH9 installed with a 50mm diameter standpipe within the solid geology.

One groundwater body has been identified at the site within the depth range of the site investigation. The groundwater within the Sherwood Sandstone (predominantly in the south and western elevations of the site) appears to be slightly higher (above ordnance datum) than the groundwater within the Mercia Mudstone (northern and western elevations). This would indicate that groundwater would travel in an easterly direction. The deposits are possibly in hydrologically continuity with the River Rea to the east of the site.

Hydrology

The nearest identified surface watercourse to the site is the River Rea, which lies approximately 364m east of the site at its closest point. This water feature was classified by the EA under the General Quality Assessment scheme as being of Grade D condition, i.e. poor quality, during the last monitoring round in 2000.

According to the EA’s website and an independent third party environmental database, the site is not located within a designated flood zone.

According to an independent, third party environmental database, there are two licensed surface water abstractions within a 1km radius of the site. The nearest is located 495m to the east. Francis D Wilmott Limited (Forward Works) is authorised for the abstraction of surface water for cooling purposes.

Significance of Geology, Hydrogeology and Hydrology

The site is considered to be situated in an area of high sensitivity with respect to groundwater resources, given that it is located on a major aquifer (the underlying Sandstone). The underlying geology is highly permeable and could therefore provide a pathway for mobile

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contaminants (if present) to migrate onto the site from off-site sources, or away from the site onto third-party land. Additionally, the site is likely to be in hydraulic continuity with the nearby River Rea, potentially providing a pathway for any site-derived mobile contaminants, if present, to the river.

The site is considered to be located in a low sensitivity location with regard to surface water resources. The closest surface watercourse is the River Rea, located approximately 364 m east of the site at its closest point. Given the distance of this watercourse the site is not considered to be located in particularly sensitive setting in terms of potential for direct impacts on the water course. In addition, there are only two surface water abstractions within 1km of the site, which would further reduce the sensitivity of these resources to site derived contamination.

On the basis of the above information, EAME concludes that there is a low risk of the site posing a pollution risk to the River Rea and a moderate risk of representing a pollution risk to the aquifer. That is not to say that such pollution is actually occurring or likely to occur.

14.4.7 Baseline Conditions – Chemical Contamination

Field Evidence of Contamination

Minor visual field evidence of potentially contaminated materials was noted during the investigation in the form of frequent gravel size fragments of brick, concrete and clinker. These were evident throughout the Made Ground and interspersed with granular ashy layers. Ash and clinker in particular can have elevated levels of heavy metals present. However, no olfactory or visual field evidence of hydrocarbon odours, hydrocarbon contamination (oily stains) or hydrogen sulphide odours were noted at the site.

Field evidence of contamination was noted and is summarised in Table 14.5.

Table 14.5: Field Evidence of Potentially Contaminated Materials

Position Strata Depth m bgl Observations

BH1 Made ground 0.13 – 0.20 Reddish brown sandy brick fill with localised pockets of black ashy sandy gravel

BH3 Made ground 0.2 – 0.5 Grey ashy sandy brick and concrete rubble

BH5 Made ground 0.9 – 2.5 Dark brown/black silty very sandy ashy clay with occasional fine-medium pockets of subrounded medium gravel-sized sandstone and fine gravel and occasional fine rootlets and organic material.

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Position Strata Depth m bgl Observations

BH6 Made ground 0.35 – 0.9 Dark grey brown sandy silty clay with medium gravel- sized pockets of red brown silty clay with many concrete, clinker and brick fragments.

BH7 Made ground 0.12 – 0.30 Dark grey brown sandy gravel with brick, concrete and clinker.

BH7 Made ground 0.3 – 0.6 Dark grey sandy gravelly clay with gravel sized fragments of brick, concrete, tile and clinker.

BH7 Made ground 0.6 – 1.1 Brown and red brown slightly sandy clay with some gravel size fragments of brick, concrete, clinker and occasional rounded quartzite.

BH8 Made ground 0.05 – 0.3 Black ashy sand with many angular stone cobbles.

It should also be noted that asbestos-containing materials were observed within Trench 4 of the archaeological trial trenching exercise. This was subsequently identified as containing crocidolite and chrysotile variants of asbestos. This is probably present from previous maintenance or demolition activities on this site or on a site where material was imported from as fill to make up levels. Its occurrence was not widespread.

All samples from the boreholes, window sample and trial pit locations were headspace tested for the presence of volatile organic compounds. The results of the headspace testing did not reveal the presence of significant concentrations of volatile hydrocarbons in any of the samples tested. All readings were recorded below the detection limit of the instrument.

During the purging and sampling of groundwater from each of the installed borehole locations, any evidence of contamination i.e. free phase product, hydrocarbon sheens or odours, was recorded.

No evidence of such contamination was observed during the purging and sampling of groundwater of the five installed groundwater monitoring wells.

Land Gas Assessment

Land gas is generally produced as a result of the decomposition of organic materials such as paper, vegetation, wood, etc but can also be present from the breakdown of solvents and petroleum hydrocarbons or be present from coal measures (mines gas). The principal

components of landfill gas are methane (CH4) and carbon dioxide (CO2), however, other gases

such as hydrogen sulphide (H2S) and carbon monoxide can also be present. Land gas can

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present a hazard to site workers during construction activities and can enter buildings and services, thus presenting a toxic, asphyxiation or explosion hazard.

Methane is a flammable asphyxiating gas, the flammable range being 5 to 15% by volume. In air, carbon dioxide is a non-flammable, toxic gas, with a long-term exposure limit of 0.5% by volume, and a short-term exposure limit of 1.5% by volume. Hydrogen sulphide can be both flammable and toxic as can Carbon monoxide.

Monitoring was undertaken for methane, carbon dioxide, oxygen, carbon monoxide (indicative of underground fires) and hydrogen sulphide using a fully calibrated portable infra- red gas analyser (Geotechnical Instruments Gas analyser GA2000) in all locations. The instrument provides quantitative analysis of methane and carbon dioxide by infra-red detection and oxygen by galvanic cell. Additionally, it measures flow by an internal transducer. The analytical range for the gases analysed are 0% to 100% in 0.1% increments. The minimum detection limit is 0.1%.

Five gas monitoring visits have been completed at the site. Only the wells installed as gas monitoring wells have been monitored. The results are summarised below:

. Concentrations of methane ranged from non-detectable (<0.1% v/v) to 0.4% v/v (BH5). These levels are not considered to be a concern with regards to potential risk to buildings;

. Concentrations of carbon dioxide were recorded in all monitoring wells at some point during the five monitoring rounds, the maximum concentration being 9.1% v/v (BH5). The presence of carbon dioxide in wells corresponds to the presence of fill material;

. Where depleted concentrations of oxygen were recorded, these coincided with the elevated carbon dioxide and/or methane levels;

. Hydrogen sulphide concentrations ranged between <1ppm and 1ppm, which was recorded at BH5, BH7 and BH8 all on the fourth monitoring round. These concentrations are considered to be low and insignificant;

. Concentrations of carbon monoxide ranged between <1 ppm and 5 ppm (BH5, second monitoring round). These concentrations are considered to be low and insignificant;

. Flow rates in the four wells ranged between -0.3 l/hr to + 4.0 l/hr over the monitoring period. These flow rates are not considered to be representative of land gases being positively released on site, at any significant rate; and

. The GSV’s for methane and carbon dioxide have been calculated as 0.016 l/hr and 0.36l/hr respectively. Therefore, using the modified Wilson and Card classification, the site has been

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determined as being ‘Characteristic Situation 2’, i.e. low risk. However, Situation 2 states that gas protection measures may be necessary, but that does not take account of the fact that large volumes of the Made Ground will be removed from the site to enable the basements to be constructed and thus the source of the carbon dioxide will be removed.

Soil Analysis – Review of Results

The soil chemical analysis results are summarised in Table 14.5 and are discussed below. Table 14.5 has been updated using appropriate screening values, for commercial land use, as discussed in Section 14.3.3.

The first stage of assessment was to screen out those compounds that were not recorded above the laboratory analytical method detection limits (MDLs). These are provided in the below, and have thus not been considered further:

. Exchangeable ammonium as N;

. Phenol;

. Total monohydric phenols;

. Selenium;

. Naphthalene;

. TPH CWG: Aliphatic >C8-C10;

. TPH CWG: Aromatic >C6-C7 and >C7-C8;

. Typical fuel constituents (MTBE, BTEX, 1,3,5-Trimethylbenzene and 1,2,4- Trimethylbenzene); and

. VOCs.

Table 14.5: Summarised Soil Analytical Results

Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/kg) Concentration exceeding Tier 1 Values

General Parameters

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Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/kg) Concentration exceeding Tier 1 Values

Archaeology pH (value) 7.1 – 11.1 NG - Trench 1: 0.3m

Archaeology Organic Carbon

Sulphate as SO4

Archaeology Total Cyanide

1 Archaeological Asbestos - - (Archaeological Trench 4 Trench 4)

Metals and Metalloids

Archaeology Arsenic

Cadmium

Chromium

Copper

1 Archaeology (Archaeology Lead

Mercury

Nickel 6.7 - 69 BH3: 0.3m 980*1 0

Zinc 16 - 400 BH9: 0.35m 730,000*1 0

PAHs

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Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/kg) Concentration exceeding Tier 1 Values

Acenaphthylene

Acenaphthene

Fluorene

Phenanthrene

Anthracene

Fluoranthene

Pyrene

Benzo(a)anthrace

Chrysene

Benzo(b)fluorant

Benzo(k)fluorant

Benzo(a)pyrene

Indeno(1,2,3-

Dibenzo(a,h)anth

Benzo(g,h,i)peryl

PAH (Sum of

PAH (Sum of EPA

Petroleum Hydrocarbons

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Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/kg) Concentration exceeding Tier 1 Values

EPH (C10-C20) 6 – 51 WS2: 0.6 – 0.8m 500*4 0

1 EPH (C20-C30) 16 - 820 WS2: 0.6 – 0.8m 500*4 (WS2: 0.6 – 0.8m)

1 EPH (C30-C40) 12 – 2,300 WS2: 0.6 – 0.8m 500*4 (WS2: 0.6 – 0.8m)

1 EPH (C10-C40) 7 – 3,200 WS2: 0.6 – 0.8m 500*4 (WS2: 0.6 – 0.8m)

BH2: 1.0m, BH5: Aliphatic C5-C6

Aliphatic >C6-C8

Aliphatic >C10-

Aliphatic >C12-

Aliphatic >C16-

Aliphatic >C21-

Total Aliphatics

Aromatic >C8-

Aromatic >C10- BH2: 1.0m &

Aromatic >C12-

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Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/kg) Concentration exceeding Tier 1 Values

Aromatic >C16-

Aromatic >C21-

Total Aromatics

Volatile Hydrocarbons 0.01 – 0.10 WS1A: 1.8 – 2.0m NG - (C5-C12)

Extractable Hydrocarbons

Total Hydrocarbons

SVOC’s - Discussed Separately

All results expressed in mg/kg except were stated *1 LQM/CIEH (Commercial S4ULs) *1A LQM/CIEH (Commercial S4ULs) Elemental Mercury *1B LQM/CIEH (Commercial S4ULs) 1% SOM *1C LQM/CIEH (Commercial S4ULS) Aliphatic EC>16-35 *2 Former SGV (2002) used for Lead value in lieu of any other criteria NG = No Guideline available

Soil pH values were recorded as ranging from neutral to alkaline in the range of pH 7.1 – pH 11.1. These values are not normally considered significant in themselves; the main relevance of soil pH in environmental terms is its effect on the mobility of metals. Metal species are generally less mobile under alkaline conditions, which generally appear to be present across

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the site. The potential for leaching of metal species at the site, is therefore, considered to be reduced under these alkaline conditions.

Water soluble sulphate concentrations ranged from <0.02g/l to 1.5g/l (BH5: 0.3m). No environmental guidelines are currently available for sulphate and elevated sulphate levels are of limited significance in environmental terms. However, sulphate rich conditions are aggressive to building materials and this issue will be a consideration during the redevelopment.

Total cyanide concentrations were all recorded below the analytical limit of detection (<1 mg/kg), with the exception of one sample (Trench 4: 0.2 – 0.3m) (3.3mg/kg).

Monohydric phenol concentrations were recorded below the analytical detection limit (<1 mg/kg) in all thirty samples analysed and are therefore not of environmental concern.

The concentrations of exchangeable ammonium were not found above the laboratory detection limit (40mg/kg in this instance) at any of the nine locations.

Thirty-one soil samples recovered from the made ground and the underlying natural strata were submitted for a range of metals. Elevated concentrations of lead (Archaeology Trench 5: 1.3 – 1.5m (950 mg/kg)) were detected above the respective Tier 1 guideline values at one location.

Extractable Petroleum Hydrocarbon (EPH) analysis is a general assay of middle distillate compounds. No relevant guidelines are available at present and the value for inert material for Waste Acceptance Criteria (WAC) (500mg/kg) has been used for comparison. The results indicate that of the eleven samples submitted for EPH analysis, exceedances of this guideline at the C20-C30, C30-C40 and C10–C40 fractions were only detected from a sample collected from the Made Ground (0.6 – 0.8m) at WS2.

Twenty-one samples were submitted for total petroleum hydrocarbons (TPH) split into aromatic/aliphatic carbon bands as per the TPH Criteria Working Group (CWG) guidance. This analysis provides an indication of the relative concentrations of aromatic and aliphatic compounds and thus the relative potential for harm (the aromatic component being more environmentally harmful than the aliphatic component). No elevated concentrations of hydrocarbons were observed.

A total of 31 samples were submitted for total and speciated PAHs, none were found elevated above relevant screening values.

Asbestos screening was undertaken on nineteen samples recovered from the made ground horizon. Asbestos was detected at a depth of 1.1m bgl in Archaeological Trench 4. This was

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subsequently classified by the laboratory as crocidolite and chryostile. It was not observed in any other locations.

Volatile Organic Compound (VOC) analysis targets certain volatile aromatic compounds (specifically petroleum based hydrocarbons associated with fuels) and solvents (notably chlorinated solvents which were often used in engineering and metal processing activities or in general maintenance for degreasing). Nine samples were submitted for VOC analysis; these were chosen on the basis of field observations (i.e. most likely to contain hydrocarbons) and also to provide spatial coverage of the made ground profile and natural deposits where there was no field evidence (which was generally the case). None of the individual compounds were detected at concentrations above their respective analytical detection limit.

Nine samples recovered from the made ground and the underlying natural strata were also submitted for Semi-Volatile Organic Compound (SVOC) analysis. The SVOC analysis includes PAHs, phenols, phthalates, ethers and branched benzenes. The results of the individual determinants, which were recorded above the analytical level of detection are presented in Table 14.6

Table 14.6: Summary of SVOC Analytical Results (mg/kg)

Sample Reference

Determinand Trench 4: 1.0 – BH1: 1.3 – 1.5m Trench 3 1.1m

Bis (2-ethylhexyl) phthalate 0.5 ND ND

Dibenzofuran ND 0.6 0.87

These are widespread contaminants and the concentrations of these two SVOCs are low and are therefore not of environmental concern in the context of this site.

Total Organic Carbon (TOC) analysis was undertaken on seven soil samples recovered from the natural strata that were free of obvious contamination, in order to establish a baseline indication of the total organic matter in the soil. TOC concentrations ranged between <0.1% (below laboratory detection) and 0.40% (Trench 4: 1.2 -1.3m). There is no guideline criteria for TOC, however, the results will be of relevance for more detailed quantitative risk assessments that may be required post planning consent if significant contamination is found to be present.

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Leachability Analysis

Due to the elevated concentration of hydrocarbons, although not above current screening criteria, in the sample collected from WS1A: 1.8 – 2.0m, a leaching test was undertaken on the sample for leachable TPHCWG. This analysis is used to assess the potential for leaching of contaminants from soil into groundwater and watercourses.

The leachate results show, that under laboratory conditions, the fractions of TPH are not in a readily soluble form and are below the laboratory’s level of detection. Hence they do not represent a risk to groundwater and surface water quality.

Groundwater Analytical Results

Analysis was undertaken on five samples of groundwater, obtained from the installed boreholes BH1, BH3, BH4, BH6 and BH9. Groundwater monitoring was undertaken on 18th February 2008. The groundwater chemical analysis results are summarised in Table 14.7.

The first stage of assessment was to screen out those compounds that were not recorded above the laboratory analytical method detection limits (MDLs). These are provided in the below, and have thus not been considered further:

. Total cyanide;

. Metals and metalloids – arsenic, cadmium, lead, mercury, selenium and copper;

. Monohydric phenols;

. Total PAH EPA-16;

. Volatile Hydrocarbons (C5-C12);

. TPH CWG Aliphatics C5 – C6, >C6 – C8, >C8 – C10, >C10 – C12, >C12 – C16 and >C16 – C21;

. TPH CWG Aromatics >C6 – C7, >C7 – C8, >C8 - C10, >C10 – C12, >C12 – C16 and >C16 – C21;

. Typical fuel constituents (MTBE, BTEX, 1,3,5-Trimethylbenzene and 1,2,4- Trimethylbenzene); and

. SVOCs

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Table 14.7: Summarised Groundwater Analytical Results

Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/l) Concentration (mg/l) exceeding Tier 1 Values

Metals/Non Organics

Dis. Boron 0.3 – 0.88 BH6 2*1 0

Dis. Chromium

Dis. Nickel

Dis. Zinc

pH 6.9 – 7.3 BH6 6 – 9*1 0

1 Sulphate as SO4 53 – 310 BH6 400* 0

Hydrocarbons

Extractable Hydrocarbons 1

Aliphatics >C21 – C35

Total Aliphatics 1

Aromatics >C21 – C35

Total Aromatics 1

Total Aliphatics and 1

VOCs are discussed separately

Notes *1 = List 2 dangerous substances (Freshwater EQS), EC Dangerous Substances Directive (76/464/EEC)

*2(4) = Part 4 (Specific Pollutants) of the River Basin Districts Typology, Standards and Groundwater threshold values (Water Framework Directive) (England and Wales) Directions 2010 (annual means used where available)

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Number and Location of Tier 1 Screening Location of Concentration Determinand Maximum Values samples Range (mg/l) Concentration (mg/l) exceeding Tier 1 Values 3 = The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 = shaded areas exceed relevant Tier 1 Screening Value All results expressed in mg/l except for pH.

- = Not Relevant

The pH values were found to be slightly acidic to neutral (in the range pH 6.9 – 7.3), and are within what is considered to be a natural range.

Total cyanide concentrations were recorded below the analytical detection limit (<0.02mg/l) in all of the five samples analysed.

Concentrations of monohydric phenol were not found above the laboratory’s limit of detection and are therefore not of environmental concern.

The majority of samples returned metal concentrations below the analytical limits of detection and subsequently below relevant guideline criteria. Low concentrations of boron (all five locations), nickel (BH4 and BH6), chromium (BH4), selenium (BH6) and zinc (BH3 and BH4) were recorded; however, these concentrations were below the relevant guideline values.

All samples were submitted for total petroleum hydrocarbons (TPH) split into aromatic/aliphatic carbon bands as per the TPH Criteria Working Group (CWG). This analysis provides an indication on the concentrations of aromatic and aliphatic compounds. Only one sample (BH3) indicated the presence of hydrocarbons over the limit of detection at a concentration of 0.3mg/l (total aliphatics) and 0.16 mg/l (total aromatics). Although these concentrations are above the relevant guideline values, it is important to note that the Surface Water (Abstraction for Drinking Water) (Classification) Regulations are conservative as they are generally applied where the water is abstracted for potable water supply, which is not the case at the subject site. They are of no consequence in terms of the proposed site uses.

Of the five samples submitted for the analysis of speciated PAHs, all samples recorded concentrations below the analytical limits of detection.

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Chloroform, a VOC, was detected in three samples (BH3, BH4 and BH9) of the five samples analysed. A maximum concentration of 0.009mg/l was recorded at BH9; however, this concentration is considered to be low and is not of any environment significance. No other VOCs were recorded above the analytical limit of detection.

No SVOCs were detected above laboratory detection limits in any of the five samples analysed.

Total organic carbon was analysed in order to provide a generic baseline assessment of the organic content in the groundwater across the site. The concentrations ranged between 6.1 mg/l (BH1) and 1.6mg/l (BH9). No guideline criteria are available for this parameter but these levels are indicative of a low organic content.

Summary of Analytical Results

Chemical testing of the soil and groundwater has revealed that whilst minor levels of contamination are present, this is entirely within expectations for a site of this age with mixed uses in a city centre location. Where minor levels of contamination do exist, this does not appear to be impacting upon groundwater and the site does not pose a pollution risk to the wider environment.

Furthermore, where these low levels of contaminants have been observed this has been in relation to the shallow Made Ground, the majority of which is scheduled to be removed from the site to enable the basements to be developed as part of the development design. The residual ground will be largely natural ground containing the identified chemicals at levels typical of natural background.

The presence of isolated fragments of asbestos within the Made Ground does not represent a significant risk to site occupiers under the current site usage, however, it does represent a potential risk through inhalation during any excavation works, to construction workers and archaeological surveyors if such material is widespread and disturbed. It is not expected that this will be the case, however, appropriate PPE and site health and safety procedures, as well as vigilance by experienced field scientists during the excavation works will ensure this potential issue is well managed. If asbestos is identified in areas during excavation the area will be damped down and works ceased in that area until appropriate additional precautions can be put in place.

The additional groundwater and ground gas data obtained by GIP in 2013 fell within the ranges recorded in the previous investigation reports and as such this additional information does not change the assessment of baseline condition.

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14.5 Assessment of Project Impacts & Mitigation

Sources of Contamination

The analytical results have highlighted a limited number of contaminants at concentrations greater than the initial screening levels.

Receptors

The following potential receptors have been identified:

. visitors and trespassers;

. Site buildings and structures (i.e. foundations, buildings and services);

. Site workers (i.e. current and future employees located at the site);

. Groundworkers (i.e. construction workers, maintenance workers or other personnel who may be directly exposed to contaminated soil or groundwater in the course of their activities);

. Planted vegetation associated with the landscaping proposals;

. Groundwater, encountered within the solid geology of Bromsgrove Sandstone and Mercia Mudstone; and

. third party land (i.e. the possibility of contamination migrating off-site onto third party via contaminated groundwater).

Potential Pollutant Pathways

The following potential pollutant pathways have been identified at the site:

. Migration of land gases into buildings and service conduits;

. Migration of contaminants to shallow groundwater bodies and aquifer via leaching and run-off, or transmission along conduits;

. Inhalation, ingestion or skin contact with contaminated soils or waters (although generally risks to construction workers or maintenance workers should be manageable by standard health and safety procedures); and

. Leaching and capillary rise into landscaped areas.

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A conceptual model for the site, presenting the identified sources of contamination, pathways and receptors is detailed in tabular form graphically in Figure 14.4.

APPLICATION SITE (CURRENTLY MIXED USAGE)

NORTH EMISSION OF LAND GAS SOUTH TO ATMOSPHERE & BUILDING

RESIDENTIAL APARTMENTS MULTI-STOREY COMMERCIAL RAILWAY CAR PARK ROAD COMMERCIAL UNITS COMMERCIAL UNITS CAR PARK OFFICE UNITS

POTENTIAL CONTAMINANTS CHEMICAL CONTAMINATION POTENTIAL CONTAMINANTS ASSOCIATED WITH ASSOCIATED WITH ASSOCIATED WITH HISTORICAL USES HISTORIC USAGE HISTORICAL USES

E

GROUNDWATER N

I

LEVEL L

T

L

U

A

F

POTENTIAL PATHWAYS MADE GROUND (UP TO 2.4m)

VOLATILISATION OF CONTAMINANTS FROM SOIL TO OUTDOOR AIR SHERWOOD SANDSTONE (UNIFORM DEPTH)

MERCIA MUDSTONE (UNIFORM DEPTH) VOLATILISATION OF CONTAMINANTS FROM SOIL TO INDOOR AIR

DIRECT CONTACT WITH CONTAMINATED SOIL (DERMAL CONTACT, INGESTION AND INHALATION OF WINDBLOWN PARTICULATES)

LEACHING OF CONTAMINANTS FROM SOIL TO GROUNDWATER

LATERAL MIGRATION OF CONTAMINANTS

Scale Not to Scale

Figure 14.4: Conceptual Site Model

The following provides a discussion of the risk assessment for the site, based on the current understanding and whether plausible pollutant linkages such as those illustrated above are present or likely to be present.

Potential Risks to the Current or Future Site Occupiers

Marginally elevated concentrations of contaminants were detected during the site investigation. If excavations are undertaken at the site there is the potential for human exposure to these contaminated soils. Where hardstanding exists this eliminates the exposure pathway and under the development proposals the area of hardstanding will be increased substantially. Furthermore the landscaping scheme will also provide a barrier between site occupiers and the contaminated soils so the risk of these contaminants, even if they were left undisturbed would be insignificant. Notwithstanding this, the removal of the

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majority of the Made Ground on the site to create the basement voids will remove the bulk of the pollution source such as it is.

In effect the proposed development will lessen the risk of exposure of site users to contaminated soils once developed as there will effectively be an impermeable physical barrier (hardstanding and managed landscaping) between the residual contaminants and site users. It should be stressed, however, that the contamination source such as it is, is small in magnitude and this site is not significantly contaminated.

Potential Risks to Construction Workers

The planned redevelopment activities will involve excavation and earthworks (i.e. laying new services, cut and fill operations, maintenance of existing services and piling activities during the construction phase) and may bring construction workers into direct contact with contaminated ground materials (soils and groundwater) through direct skin contact, inhalation and ingestion. These risks are considered to be low. The construction phase environmental protection and health and safety management plan for the site will ensure that appropriate measures are adopted to minimise and control the levels of exposure and to ensure all site workers are adequately informed of the risks to themselves and the environment.

Potential Risks to the Groundwater - General

The shallow groundwater encountered at the site appears to be within the natural deposits. The made ground is underlain by Head deposits, which are further underlain by Mercia Mudstone or Sherwood Sandstone. It should be noted that the head deposits are not continuous across the site. Overall, the risk to groundwater from site-derived contamination is considered to be low as there is limited potential for contaminants to leach from the soils into the groundwater body and there is no evidence of significant groundwater contamination on the site at present. This situation will not be changed by the development proposals which if anything will remove much of the potential contamination source and lessen the risk. There will be no activities associated with the proposed site that will bring significantly polluting activities onto the site, but there is a slightly heightened risk associated with plant refuelling during the construction phase. This can be adequately controlled by appropriate management techniques.

The current hardstanding cover on-site will reduce the potential impact of leached contaminants to migrate downwards and impact upon the quality of the groundwater, but the hard cover is poor or absent in places and does not form an effective barrier to infiltration of rainwater through the site. The proposed development will have a much greater area of hard cover and this will thus reduce the potential for percolating rainwater to leach

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contaminants from the unsaturated zone into the saturated zone.

The current coverage of hardstanding equates to around 55% of the site area. Once the development proposals are complete, this will have increased to almost 100%.

It is recognised, however, that during the construction phase more soils will be exposed and there may be a temporary increase in infiltration rates during this period depending upon weather conditions, but there is a general absence of leachable contaminants.

Potential Risks to the Surface Waters

The closest watercourse to the site is the River Rea, which lies approximately 364 m east of the site at its closest point. This water feature was classified by the EA under the General Quality Assessment scheme as being of Grade D condition, i.e. poor quality, during the last monitoring round in 2000. There is a small potential for the migration of contaminants in shallow groundwater into the river directly if they are contiguous (which is not proven). Regardless of the prevailing quality of the receiving water, the migration of contaminants into it from the site would be regarded as significant. The investigation has shown that there is negligible contamination on the site and what is present is not leachable so even though there may be a plausible pathway between the site and the river, the risk of impact is negligible.

As already stated, the development proposals will involve substantially increasing areas of hard surfacing on the site which will serve to both greatly reduce rainwater infiltration (and thus flushing and leaching of contaminants) and will also provide a “clean” barrier between incident rainfall and the contaminated soils, thus leading to uncontaminated surface run-off. In addition, the site drainage system will effectively be replaced with a new high integrity drainage system, removing another potential contaminant migration pathway. This too will lessen the already low risk to insignificant levels.

Ground Gas Assessment

Based on the field gas monitoring data obtained to date, slightly elevated methane and carbon dioxide concentrations have been detected at the site. Using relevant guidelines, Gas Screening Values for methane and carbon dioxide were calculated and have indicated that the site is low risk. With the subsequent removal of large volumes of Made Ground from the site, the gas risk will be reduced further to insignificant levels.

14.6 Assessment of Cumulative Impacts

There are no cumulative effects from surrounding schemes affecting soils, geology or contamination.

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14.7 Summary

Given the foregoing, there has been very little change in terms of Soils, Geology and Contamination to the situation presented in the Environmental Statement prepared in 2009. As such, the original assessment that ‘the development proposals will have an insignificant impact on the soil and groundwater quality’ still applies. Key aspects are outlined briefly below:

. The nature and level of contaminants identified at the site, although low to moderate, are not considered to pose a significant health risk to occupants.

. The nature and level of contaminants identified at the site, although low to moderate, are not considered to pose an ongoing source of groundwater contamination.

. Removal of contaminants is likely to occur due to the excavations associated with the basement construction and general site earthworks.

. On demolition of the site infrastructure further areas of the site which have not been investigated, due to access constraints, will be exposed, especially by the archaeological investigation works. Should significant contamination in these areas be encountered during these works this will be assessed and dealt with at that time, with remedial options being discussed and agreed with Birmingham City Council and/or the EA. Given the historical uses of the site and the low level of soil and groundwater contamination identified to date, EAME does not consider that further works are necessary to characterise the areas that are currently inaccessible.

. The completed site will be hard surfaced which will prevent infiltration and percolation of rainwater.

. the use of plant equipment on site may possibly lead to the potential for the release of contaminants to ground, such as fuel oils, coolants and lubricants. To avoid the accidental leakage of fuel oils and/or lubricants, all machines will be maintained to a safe and efficient working condition at all times. In most cases, leakage of oil is avoidable through regular checks for signs of wear and tear on plant and tanks. Refuelling is identified by the Environment Agency guidelines (Pollution Prevention Guidance Note 5) as the greatest risk of pollution during site work construction. Therefore, together with other routine maintenance, all servicing and refuelling will be carried out in a designated contained area.

. Excavations are likely to encounter groundwater at a shallow depth and provision for dewatering will need to be made.

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In conclusion, given the contaminant levels observed are inconsequential as far as the development is concerned the development proposals will have an insignificant impact on soil and groundwater quality.

Based upon the appraisal of soils, geology and contamination impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature.

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SECTION 15: WIND AND MICROCLIMATE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

15 Wind and Microclimate

15.1 Introduction

BuroHappold was commissioned by the applicant to carry out a wind microclimate review and assessment as part of the planning application for the proposed Beorma Phase 2 and 3 development.

Around and within the project, pedestrians will require safe and comfortable use of entrances, sitting and general external spaces. In addition, recreational and amenity areas where people can stroll, stand or sit, need to be sheltered from high wind speed. Since high air velocities at pedestrian level are uncomfortable and can cause significant wind chill factors, it is desirable to keep the air velocity around the development to a minimum.

The principal purpose of this element of the EIA is therefore to assess whether or not the new structures and their configuration will give rise strong wind eddying effects and vortices that could be problematic for pedestrians on and around the site.

This section thus considers the impact of the 2015 proposed development on the wind microclimate of the site and surrounding area. Factors considered include methodology and criteria used to assess the wind environment around the existing site and the likely impact of the proposed development on the pedestrian wind environment.

It should be noted, however, that a Wind Tunnel assessment (WTA) was undertaken by RWDI Anemos consulting engineering in 2008 to predict and analyse the wind environment at the site and support the production of appropriate mitigation. The information is contained within the RWDI report R07-625-C PLW[Final] issue 30th of June 2008 and corresponding wind microclimate chapter 15 of the 2009 planning application1 ES. The modelling undertaken was based on the fully developed scheme comprising development of all three phases as presently proposed, although the presently proposed Phases 2 and 3 differ to some degree from proposed development of those areas on the original scheme (not radically, however).

The information regarding the 2015 proposed development was provided by Broadway Malyan Architects. For ease of comparison between the 2009 and 2015 developments, the buildings for the two schemes are referred to for the 2008 consented scheme as buildings A, B and C that correspond to Phase 2, 3 and 1 buildings for the 2015 proposal respectively. In order to better appreciate the differences between the schemes (from a microclimate and

1 Environmental Statement Beorma Quarter, Salhia Investments Limited, ENVIRON UK Limited, January 2009

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wind modelling perspective), the physical differences between the modelled 2008 scheme and proposed 2015 scheme illustrated below.

218.2m

158.3m

150.6m

Figure 15.1a: 2009 Digbeth High Street Elevation (with tower heights)

221.8m

153.35m

147.3m

Figure 15.1b: 2015 Scheme Digbeth High Street Elevation (with tower heights)

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Figure 15.2a: 2009 Scheme Well Lane Elevation

Figure 15.2b: 2015 Scheme Well Lane Elevation

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Figure 15.3a: 2009 Scheme – Allison Street Elevation

Figure 15.3b: 2015 Scheme – Allison Street Elevation

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As can be seen from the comparative elevations above the mass and form of the two schemes are broadly similar with there being a marginal increase in height of the main tower (by 3.6m) and a reduction in height of the second and third towers (again by a few metres). The main physical change is the slimming of the main tower and increase in mass of the lower storeys of Building 2 (compared to Building A on the original scheme).

In terms of the overall orientation of the building mass, it remains the same is likely to maintain minimal facade downwash.

Figure 15.4: Latest 2008 (left) and 2014 (right) proposal view from South.

Given that at lower pedestrian levels there is fundamentally no significant difference between the general orientation and mass of the building blocks between the schemes, it has been concluded that the modelling data for the 2009 scheme can be applied to the revised scheme that is the subject of this 2015 application. As such the 2015 scheme has not yet been wind tunnel tested directly but shall be considered during detailed design.

15.2 Legislation and Policy Context

The legislative context is contained within the National, Regional and Local Planning Policy and Guidance which is described below.

15.2.1 National Policy

There are no national codes of practice or legislative policies relating to the assessment of environmental wind flows in the built environment. The impact of environmental wind on pedestrian spaces and the subsequent suitability of these spaces for planned usage are described by Lawson Comfort Criteria (LCC), which are recognised by Local Planning

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Authorities (LPAs) as a suitable benchmark for wind assessments. LCC is applied in the wind assessment of the Application Site.

15.2.2 Regional Policy

There is no specific regional legislation or policy guidance for the assessment of the local wind microclimate impact that a new development has on the comfort and safety of users.

15.2.3 Local Policy

A number of local authorities provide planning guidance for tall buildings, recommending that a wind microclimate assessment be performed. The definition of tall buildings in these documents varies, but typically includes any buildings which are significantly higher than their neighbours. Defined as 15 storeys-plus in High Places, (2) a 2003 council policy document, tall buildings in Birmingham run west to east through the city’s central ridge, which includes its highest point. Within this document the assessment of microclimate is highlighted as part of the consideration of tall building the following;

“Other important considerations include: relationships with neighbouring buildings; overshadowing; impact on micro-climate; key views; sustainability and airport requirements.”

15.3 Assessment Methodology and Significance Criteria

Around and within the development, pedestrians will require safe and comfortable access to the building and circulation areas. In addition, recreational and amenity areas where people can stroll, stand or sit, need to be sheltered from high wind speeds. Since high air velocities at pedestrian level are uncomfortable and can cause significant wind chill factors, it is desirable to keep the air velocity around the development to a minimum.

Utilising the frozen design information of the 2008 proposed development RWDI produced a scale model of 1:300 of the baseline and 2008 proposed development and their surroundings (Figure 15.5).

There was no soft landscaping, such as trees, included in the wind tunnel tests in order to obtain a conservative, i.e. relatively windy, set of results. Planting and landscaping measures are a useful means of mitigation as outlined in Appendix 15 (RWDI-Anemos Report R07-625C PLW).

2High Places, a planning policy framework for tall buildings Birmingham City Council

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Figure 15.5: Wind tunnel test model (RWDI 20083).

Wind tunnel testing is the most well-established and robust means of assessing the pedestrian wind environment. The wind tunnel tests enable the pedestrian level wind microclimate at the Site to be quantified and classified in accordance with the widely accepted Lawson Comfort Criteria (Comfort Criteria). The wind tunnel tests deliver a detailed assessment of the mean and gust wind conditions around the existing Site and the proposed development for all wind directions in terms of pedestrian comfort and safety ratings.

The methodology for quantifying the pedestrian level wind environment is outlined below:

 Step 1: Measure the building-induced wind speeds at pedestrian level in the wind tunnel;

 Step 2: Adjust standard meteorological data to account for conditions at the Site;

 Step 3: Combine these to obtain the expected frequency and magnitude of wind speeds at pedestrian level; and

3 Birmingham Beorma Quarter Digbeth Development: Pedestrian Level Wind Microclimate Wind tunnel test results, Ingleby Limited. 30th June 2008 Project Reference R07-625-C PLW[Final]

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 Step 4: Compare the results with the Lawson Comfort Criteria to ‘grade’ conditions around the Site.

The following scenarios were tested by RWDI:

 Baseline of the existing site without the proposed development; and

 Existing site with the 2008 proposed development.

Assessment Criteria

Microclimate comfort strongly depends on an individual’s activity and is therefore defined separately for each activity in terms of an average (mean) wind speed exceeded for a certain percentage of the year.

The pedestrian comfort and safety criteria have been developed around the Beaufort scale (Lawson Comfort Criteria), extending its applicability to environments in and around buildings.

RWDI’s definition of the comfort categories of the Lawson Comfort Criteria has been described in the following sections.

Comfort Criteria

The criteria are set for six (Table 15.1) pedestrian activities and reflect the fact that less active pursuits require more benign wind conditions. The six categories are sitting, entering/leaving a building, standing, walking, business walking, and roadway/car-park and these are assigned letters F to A respectively. For each of these categories a threshold is defined, beyond which conditions are unacceptable for the stated activity. If the conditions are below the threshold then conditions are described as tolerable (or in lay terms suitable) for the stated activity. It is expected that tolerable conditions will not affect the amenity of a location, whereas unacceptable wind conditions will lead to pedestrians not using the site for its intended purpose and complaints of wind nuisance. An unacceptable result implies that remedial actions should be taken to mitigate wind conditions or that the proposed pedestrian activity at that location should be redefined.

Table 15.1: Pedestrian Comfort Criteria (from RWD 2008 report)

Wind 4% 2% 6% 2% 4% 2% 6% 1% 6% 4% 50% 25% speed & B6 B6 B5 B5 B4 B4 B3 B3 B2 B2 B1 B1 exceedence

Numbered 12 11 10 9 8 7 6 5 4 3 2 1 Criterion

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Description Letter Threshold

Roads and Car Parks A 6% > B5

Business Walking B 2% >B5

Pedestrian Walk-through C 4% >B4

Pedestrian Standing D 6% >B3

Entrance Doors E 6% >B3

Sitting F 1% >B3

Pedestrian Safety Criteria

The Lawson Comfort Criteria also specifies a lower limit safety criterion when winds exceed Beaufort Force 6. Notification of exceedence greater than one hour in the year is required. Exceedence of this safety criterion may indicate a need for remedial measures or careful assessment of the expected use of that location, e.g. it is reasonable to expect vulnerable pedestrians to be present at the location on the windiest day of the year.

The study additionally considered the potential requirement, if any, for further mitigation schemes at each location. Any potential areas that require further mitigation in order to create a wind environment sufficiently safe and comfortable for planned uses have been highlighted in the results. Other areas for which further wind mitigation schemes may be beneficial, for example to provide more amenable conditions for leisurely strolling, extend the suitability of seating areas into spring and autumn, or allow general leisure uses in areas mainly planned for access purposes, have also been indicated in the results.

Significance and Impact Criteria

The significance criteria defined below have been developed to help interpret the RWDI impact assessments.

Significant impacts that are considered to be of major significance for the purposes of this assessment are effects which impact on the safety of the receptors i.e. breaches the distress criteria described in Table 15.2 and criteria used to assess the magnitude of the wind impacts are presented in Table 15.3. These types of impacts will require detailed and careful mitigation.

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Moderate and minor impacts are not considered to cause significant effects, however, in order to reduce the impacts further and improve the comfort of receptors mitigation measures to reduce the effects from moderate to minor will be specified as appropriate.

Table 15.2: Significance criteria

Severity of Impact Description

Major Any impact that affects safety (or distress)

Moderate Any impact affecting pedestrian comfort where conditions change from suitable for existing activities to unsuitable for the proposed activities be considered moderate and vice versa for positive impacts.

Minor Conditions that are marginal with respect to the criteria or criteria are met during key seasons only.

Table 15.3: Criteria determining magnitude of an impact

Magnitude of Impact Description

Adverse detrimental or negative impacts to an environmental resource or receptor compared with the baseline condition

Beneficial advantageous or positive impacts to an environmental resource or receptor compared with the baseline condition

Neutral/Negligible represent the cases of minimal or no impact on wind conditions that is likely to be experienced

This wind study includes a direct comparison between the baseline and the proposed development and describes the quantitative assessment of the likely wind environment. Qualitative judgements have been made in order to identify areas of potential concern. This analysis includes an assessment of the relative forms, layouts and massing of the existing site and the proposed development, as well as site landscaping and topography.

Impacts of the likely wind conditions for the 2015 proposed development are judged based on BuroHappold’s extensive experience of wind assessments, full-scale testing, CFD and wind tunnel modelling of similar developments.

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Further to the quantitative assessment of the two configurations, cumulative effects due to the proposed development and other future developments near the project site have been evaluated qualitatively.

Meteorological Data

The meteorological data for Elmdon (Birmingham Airport) indicate that the prevailing winds occurred from south-westerly directions throughout the year but with secondary prevailing winds from the north-east particularly during late spring and summer. Figure 15.6 shows the seasonal wind roses for Elmdon.

Elmdon - Spring meteorological data Elmdon - Summer meteorological data 0 0 400 400 330 30 330 30 300 300

300 200 60 300 200 60

100 100

270 0 90 270 0 90

240 120 240 120

B0 210 150 B1 210 150 B2 180 180 B3

Elmdon - Autumn meteorological data B4 Elmdon- Winter meteorological data 0 0 B5 400 400 330 30 B6 330 30 300 300

300 200 60 300 200 60

100 100

270 0 90 270 0 90

240 120 240 120

210 150 210 150 180 180

Figure 15.6: Seasonal wind roses for Elmdon (in Beaufort Force).

The adjustment of the meteorological data from open countryside terrain to the site was conducted using the BREVe2 software package which is capable of modelling the boundary

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layer and changes to the flow characteristics caused by changes in the surface roughness. The results of this analysis are shown in Table 15.4.

Table 15.4: BREVe2 Mean Factors for the Site

Height (m) Direction (degrees °) 0 30 60 90 120 150 180 210 240 270 300 330 10 0.57 0.58 0.60 0.58 0.57 0.58 0.58 0.57 0.58 0.59 0.58 0.58

150 1.29 1.31 1.35 1.29 1.29 1.29 1.30 1.29 1.31 1.33 1.32 1.31

This analysis indicated that the exposure of the site is relatively homogeneous in all directions and typical for an urban location.

Assumptions and Limitations

A qualitative assessment of the likely wind environment has been performed for the 2015 proposed development, based on the design and parameters, and judgements based on the experience of the wind engineer in similar projects were made in order to identify areas of potential concern. A wind tunnel assessment was carried out to support the 2009 planning application that did not include testing mitigation measures and is thus considered to be a conservative scenario.

15.4 Baseline Conditions

The baseline condition was assessed during the 2008 wind tunnel test and has not been reviewed further. In summary the conditions for the baseline were suitable for entrance/standing even during the windiest season. Only two locations show conditions appropriate for leisure walking.

Baseline conditions identified in the 2008 RWDI report are described below.

15.4.1 Existing Wind Conditions at the Site

The existing low-rise buildings are partially sheltered by the surrounding buildings. Figure 15.7 and Figure 15.8 summarise the measured results for the existing site for the worst-case season (winter) and summer, respectively.

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LAWSON COMFORT CRITERIA (Worst case season):Existing Site Condition

74 73 Sitting 95 Standing/Entrances 72 Leisure walking 94 Business walking N 75 92 Car park/roadway 55 68 89 54 93

76 52 56 58 70 61 57 69 59 60 51 90 63 62 38 50 65 48 33 46 39 29 64 28 31 91 40 36 26 25 88 79 66 2 23 21 3 19 67 78 4 18

17 20 87 5 15 14

82 8 13 9 12 81 10 11 80 86

83 85

84

Figure 15.7: Lawson Comfort Criteria for Existing Site Condition – Worst Case

LAWSON COMFORT CRITERIA ( Summer season): Existing Site Condition

74 73 Sitting 95 Standing/Entrances 72 Leisure walking 94 Business walking 75 N 92 Car park/roadway 55 68 89 54 93

76 52 56 58 70 61 57 69 59 60 51 90 63 62 38 50 65 48 33 46 39 29 64 28 31 91 40 36 26 25 88 79 66 2 23 21 3 19 67 78 4 18

17 20 87 5 15 14

82 8 13 9 12 81 10 11 80 86

83 85

84

Figure 15.8: Lawson Comfort Criteria for Existing Site Condition – Summer Season

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SECTION 15: WIND AND MICROCLIMATE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

With regards to pedestrian comfort, the existing site wind conditions at ground level are suitable for standing or better during the windiest season. Hence, all the entrances to the existing buildings are expected to be suitable for pedestrians entering or leaving the buildings. All the thoroughfares around the existing building are suitable for leisure walking or better. In the summer season, within the existing site, winds are generally lighter and suitable for standing or better.

For the existing site, the wind conditions at all the measured locations are safe for pedestrian use and unlikely to generate nuisance. Conditions in the immediate surrounds of the Site are generally suitable for standing/entrance or better during the windiest season (winter). There are two exceptions to that, to the north and west of the Site (Locations 74 and 79), suitable for leisure walking during the winter season. In the summer season wind conditions in the surrounds of the site are generally suitable for standing or sitting.

The wind microclimate on the roof-top car park to the north of the site is suitable for leisure walking during the windiest season (locations 92 to 95). This implies that the wind conditions are suitable for the intended pedestrian usage of this area, involving access to and from vehicles.

15.5 Assessment of Project Impacts

15.5.1 Construction

It is possible that during construction of the new development there will be temporary localised wind acceleration across the Site. Since the effects are short-term and local, and the normal sheltering from standard site hoardings is expected to be sufficient, negligible impacts are expected.

During construction, localised wind acceleration is likely to result in a gradual transition to the new conditions. Impacts from this will be negated at ground level through the provision of hoardings (causing negligible impacts).

No public will be allowed on the site during the construction phase and site health and safety risk assessments should take account of potentially strong wind conditions and hazards therein on construction sites.

15.5.2 Operation

This section discusses the impact of the new development on the site. Comparisons are made with the baseline and qualitative conclusions are drawn based on the latest design proposal. The following chapter deals with mitigation proposals to further improve conditions on site.

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The 2009 and latest 2015 design proposal can be seen in Figure 15.9. This latest option has not yet been wind tunnel tested and shall be considered during detailed design. However we make reference throughout this section to the wind tunnel assessment of the 2008 proposed development, to draw qualitative conclusions on the latest design proposal.

Figure 15.9: 2008 (left) and latest 2014 (right) proposal view from South

The summary of the findings of the 2008 study for the operational phase of the proposed development was as follows:

 Wind conditions at all the measured locations were shown to be safe except four points at ground level (55,56,94,92) and five terrace (96,97,98,99,100) and need to be mitigated. With regards to pedestrian comfort, wind conditions within the site were suitable for standing/entrance or better (see Figure 15.10, Figure 15.1 below). Wind conditions in the immediate surround of the site were suitable for leisure walking or better during the windiest season (winter). This was considered in keeping with the intended pedestrian use of these locations;

 The study was tested without landscape and represents a conservative scenario;

 The impact for most locations at ground level was shown to be negligible to minor beneficial;

 Five entrances were found to have an adverse impact and mitigation was recommended in the form of local shelters; and

 Terraces were found to have an adverse impact and local mitigation was recommended.

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The principal change from the 2008 proposals is that Building A plan area has increased in size and the height has increased from 96m to 108m. The lower section of building A has also increased in height by around 5 floors from level 6 to level 11.

It is likely that the overall effect for the two proposed schemes (2009 and 2015) are going to be very similar. The peak conditions are likely to be present at the same locations identified during the 2008 WTA as follows:

 Wind conditions at Saint Martin’s place and Saint Martin’s passage (cantilever) are likely to be worse and will require further quantitative assessments during detailed design;

 Wind conditions around the former location of the JFK Memorial are likely to be worse and will require further quantitative assessments during detailed design;

 Building B and C have creased in height but the impact on the wind climate is likely to be similar to the 2008 proposed development;

 With regards to comfort, due to the relatively strong wind conditions most areas are likely to feel windy during the worst season. However during summer most of the site is likely to be suitable for planned activities; and

 Terraces are at a higher level on the 2015 proposal which is likely to reduce the wind speeds as the facade downwash is likely to be less.

When the two above scenarios are compared with the baseline, it can be observed that the overall windiness of the site has increased for some locations, but this is marginal when compared with the baseline. For some areas of the site the pedestrian activity has also changed, therefore in these areas the increase in wind speed may be counteracted by the change in expected activity. The increase in windiness is mainly due to the massing of the building that has evolved through the planning process.

The presence of the development is expected to produce localised regions of increased wind speeds within the site. Because the development represents a change in the intended usage of the site, activities need to be closely link to the comfort criteria for evaluation of impacts. Appropriate mitigation measures can serve to reduce the severity of these impacts and associated effects to protect key receptors (i.e. pedestrian routes, access points, amenity areas and outdoor seating areas etc.) till the final effects are considered to be not significant.

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Figure 15.10: Worst season wind tunnel results for the proposed development

Figure 15.11: Summer wind tunnel results for the proposed development

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15.6 Assessment of Cumulative Impacts

No future developments are known to exist or be planned in the immediate proximity that are likely to modify the local wind conditions and cumulative impacts are not anticipated.

15.7 Impact Mitigation and Residual Effects

15.7.1 Construction

There are no significant construction impacts predicted therefore no other mitigation is required apart from standard construction mitigation measures that are implemented including standard site hoardings to shelter neighbouring areas.

15.7.2 Operation

Areas surrounding the proposed development could potentially experience increased wind speeds. The application of supplementary mitigation methods is particularly important in these areas, as it is possible that these areas could produce conditions that are likely to exceed the distress criterion at pedestrian level for high wind speeds. Therefore Local mitigation is proposed to reduce windiness to appropriate levels for the activities in the perimeter of the building and surroundings. Also the recessing or screening entrances on these areas of the site would generate a buffer zone directly in front of these. These measures are recommended to be further developed and wind tunnel tested.

With appropriate supplementary mitigation, it is considered that the areas surrounding and within the development will have no significant residual wind effects; this is likely to be negligible.

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15.8 Summary

The wind tunnel tests were carried out to assess the wind environment surrounding the 2009 proposed development. The assessment indicates that conditions at the perimeter of the building and surrounding areas are likely to feel windier and in some locations minor adverse is expected for the planned activities. The increase in windiness is mainly due to the shape and height of the proposed building that has evolved through the planning process.

Local mitigation was proposed to reduce windiness to appropriate levels for the activities in the perimeter of the building and surroundings. Also the recessing or screening entrances on the these areas of the site would generate a buffer zone directly in front of these, these mitigation was not tested.

The 2009 and 2015 proposed developments were assessed by means of a qualitative assessment and the findings of the study suggest that the wind effects overall are likely to be very similar. It is likely the 2015 proposed development will experience slightly windier conditions, and the peak conditions are likely to be experienced at the same locations as highlighted by the 2008 WTA.

Based upon the appraisal of wind and microclimate impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature.

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

16 Daylight, Sunlight, Overshadowing and Night Light

16.1 Introduction

The proposals involve the removal of all non-listed (protected) existing buildings on-site and the erection of three new buildings and refurbishment of those existing. The largest element of the new development will be a thirty storey tower situated on the west of the site. Illustrations of the scheme are presented in the Townscape and Visual Impact chapter of the ES and of course detailed design drawings are presented in the main planning application package and Design and Access Statement. These documents should be consulted for the definitive details of the scheme.

The site is presently occupied by low level buildings and an open car park and as such the adjacent low rise buildings have access to light that is facilitated by the semi-open nature of the site and are also unaffected by shading from the low level structures presently on the site. Furthermore, there is little in the way of nightlight from the site at present. All of these aspects could change if the development proceeds. This section of the ES therefore focuses on these three main aspects:

 Daylight & Sunlight;

 Overshadowing (Shading); and

 Night Light

In terms of their potential to impact neighbouring residential properties.

The development proposals that were put forward in 2009 (and subsequently approved) are similar to those presented in the 2015 development proposals and indeed Phase 1 (now under construction) is derived from those initial proposals. Delva Patman Associates were commissioned to prepare a detailed daylight, sunlight and shadowing study of the 2009 proposals to assess the likely impact of the proposed development on the neighbouring residential amenity adjacent to the site.

The study was carried out in accordance with the recommendations of the Building Research Establishment Report “Site Layout Planning for Daylight & Sunlight 1991” (BRE209) and BS 8206-2:2008 lighting for buildings Part 2. The findings of that study were subsequently assessed by an independent consultant (GVA Schatunowski Brooks) on behalf of BCC (in the light of a number of objections relating to neighbouring residents). It was concluded that in the context of an urban environment, although there was a diminishment in light to some

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properties as a result of the development, it would not be uncharacteristic residual light levels for a city centre built environment.

The 2015 proposals, which are the subject of this application, although they differ in certain detailed respects are fundamentally similar in terms of mass, orientation, size, etc. Indeed the 2015 proposals are entirely within the envelope that was permitted in 2009. As such, the daylight, sunlight and shadowing assessments used for the 2009 scheme have been revisited for the current scheme as fundamentally the approach and environmental conditions have not changed since that time and the development proposals have not altered drastically in this regard (see comparative summary below). Consequently, the concept of a development comprising a tall tower and related multi-level buildings on this site does have the benefit of a previous detailed study sufficient for impact assessment purposes and a new full study has not been commissioned for this EIA (although the shading analysis has been updated). Notwithstanding this, the developer has stated that an audit will be undertaken of the daylight and sunlight issues by an independent rights to light specialist as an early stage in the imminent planning process.

Comparison of the 2009 and 2015 proposed developments

The physical differences between the modelled and consented 2009 scheme and proposed 2015 scheme are illustrated in a series of comparative diagrams overleaf. Of particular note with respect to the assessment of shading especially is the slight increase in height of the main tower and the increase in mass of the lower storeys of Building A (Building 2 on the 2015 scheme).

As can be seen from the comparative elevations on the following pages, the mass and form of the two schemes are broadly similar with there being a marginal increase in height (but slimming) of the main tower (by 3.6m) and a reduction in height of the second and third towers (again by a few metres) but these have also changed position slightly coming forward in the scheme. The main physical change is the slimming of the main tower and increase in mass of the lower storeys of Building 2 (compared to Building A on the original scheme). It is stressed again that in terms of the development envelope and development volume, the 2015 proposals are within the limits of the 2009 scheme.

In addition, the potential night light impact of the proposed development has been considered, based upon a lighting masterplan proposed by Hoare Lea. Whilst a formal night light assessment has not been undertaken, the implications of new sources of night light have been addressed for the purpose of this ES.

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218.2m

158.3m

150.6m

Figure 16.1a: 2009 Digbeth High Street Elevation (with tower heights)

221.8m

153.35m

147.3m

Figure 16.1b: 2015 Scheme Digbeth High Street Elevation (with tower heights)

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Figure 16.2a: 2009 Scheme Well Lane Elevation

Figure 16.2b: 2015 Scheme Well Lane Elevation

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Figure 16.3a: 2009 Scheme – Allison Street Elevation

Figure 16.3b: 2015 Scheme – Allison Street Elevation

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

16.2 Legislation and Policy Context

16.2.1 Daylight, Sunlight and Overshadowing

The study was undertaken in accordance with the recommendations of the Building Research Establishment report “Site Layout Planning for Daylight & Sunlight 1991”. The BRE Report is the standard specifically identified in the Birmingham City Council Unitary Development Plan by which daylight, sunlight and overshadowing should be assessed.

The BRE Report is intended for use in conjunction with interior daylighting recommendations in the British Standard BS 8206-2:2008 Lighting for Buildings – Part 2: Code of practice for daylighting and the Applications Manual: window design of the Chartered Institute of Building Services Engineers (CIBSE). If the BRE, BS and CIBSE guidance notes are followed there is the potential to achieve good daylighting in new buildings nearby, and to protect the daylighting of adjoining land for future development.

The BRE guide is intended for building designers and their clients, consultants and planning officials. The advice given is not mandatory and the report should not be seen as a part of planning policy. Its aim is to help rather than constrain the designer. Although it gives numerical guidelines, these should be interpreted flexibly because natural lighting is only one of the many factors in site layout design. In certain circumstances the developer or planning authority may wish to use alternative target values.

Whilst technical analysis can be carried out in accordance with numerical guidelines and reported factually by comparison with those guidelines, the final assessment as to whether affected dwellings are left with acceptable amounts of daylight and sunlight in an inner city context where the findings are to be interpreted in a flexible manner is a matter of subjective opinion. The diminishment of daylight needs to be balanced against for example improvements in lighting, pedestrian safety and other factors. Even though a scheme may have impacts in specific attributes the overall environmental impact may still be beneficial.

16.2.2 Night Light

Birmingham Plan

Paragraph 3.14G in the Birmingham Plan seeks to ensure the image of the “City at Night”, and particularly that of the City Centre, has the highest quality in order that Birmingham can be seen as an attractive place after dark. BCC asserts that, at a basic level, well-designed lighting helps to improve pedestrian safety, road safety and legibility. BCC further states:

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

An approach combining high quality lighting of buildings, places and spaces, can enhance the quality of the environment and even change it to create a more exciting night-time character. However, the City Council wishes to limit light pollution by avoiding unnecessary up-lighting. The local planning authority will encourage developers to provide imaginative lighting that enhances the night-time appearance of the scheme and the amenity of the area. In appropriate circumstances these will be secured through the use of Section 106 agreements. This will be particularly important in the case of major projects in prominent locations.

Lighting Places (SPD – 2008)

Lighting Places was published as a draft Supplementary Planning Document in 2008 following recognition by BCC that there are increasing levels of activity in a 24 hour city that should be supported by a coordinated lighting strategy that complimented guidance for the built environment generally and the city centre and local centres in particular.

The introduction to the SPD states:

The city centre is made up of different areas with different uses, different architectural characteristics and qualities and different levels and types of activity at different times of the day and night. Each area needs to be considered on it merits and lighting requirements. Some areas will see no change either in the built environment or in the lighting provided. In other areas there will be considerable change and it is here that Lighting Places should have the most impact. Similarly local centres have their own character that lightning can help reinforce. Adopted policy and guidance on lighting for specific areas will encourage developers to provide imaginative lighting that helps define the character of the area, but also enhances the night- time appearance of the schemes.

Following from paragraph 3.14G of the Plan, which deals with the City at Night, the SPD identifies the aims of Lighting Places as enhancing the functional and aesthetic quality of lighting in all its forms in order to:

 Create an exciting and dynamic night-time city environment.

 Develop an iconic city skyline.

 Make public places safer.

 To give greater amenity value to public places.

The SPD then goes on to identify 13 specific policies covering all aspects of lighting including:

 The requirements for, and of, enhanced lighting schemes;

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 The use of lighting to create local distinctiveness;

 Requirements for external lighting in new or refurbished buildings next to “address streets”;

 Requirements for external lighting in new or refurbished buildings next to “access streets”;

 General requirements for the lighting of new or refurbished buildings;

 Requirement of new lighting schemes to consider the aesthetic as well as the functional at an early stage of the design process; and

 Encouragement of developers and their architects to engage with artists and specialist designers early in the process to identify lighting opportunities and incorporate lighting equipment as an integral part of designs.

16.3 Assessment Methodology and Significance Criteria

The Daylight & Sunlight assessments have been undertaken by reference to the Building Research Establishment (BRE) guidelines “Site Layout Planning for Daylight & Sunlight - A Guide to Good Practice”.

The BRE Report advises that daylight and sunlight levels should be assessed for the main habitable rooms of neighbouring residential properties. Habitable rooms in residential properties are defined as kitchens, living rooms and dining rooms. Bedrooms are less important as they are mainly occupied at night time.

The studies were undertaken by calculating the daylight based on waldram template drawings provided within the BRE guidelines. The study was undertaken with drawings derived from the 2009 scheme. These are:

 Oakwood Land Survey – Dwg No's: DB/CS/MPse, DB/CSne, DB/CSee, DB/HM/Ee, DB/HN/Se, DB/MH/NEe, DB/MH/NWe, DB/VBe, DB/ASe, DB/BW/SEe, DB/BW/SWe, DB/CP/NWe, DB/CP/SEe, DB/CP/SWe, DB/HS/WLIs, DB/HSe, DB/PS/ASIs, DB/PSse/01, DB/PSwe/01, DB/SB/SEe, DB/STM/ENe &DB/STM/WSe

 Trevor Horne Architects - 07125/PLA 003 - 021 & PLA 030 – 034 (relating to the 2009 tower)

However, shading has also been assessed in relation to the 2015 scheme by Broadway Malayan as part of their Design and Access Statement.

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Daylight

The BRE Guide states that:

“If, for any part of the new development, the angle from the centre of the lowest affected window to the head of the new development is more than 25°, then a more detailed check is needed to find the loss of skylight to the existing buildings.”

The BRE guidelines propose three main methods for calculating daylight.

The three main methods predominantly used are those involving the measurement of the total amount of skylight available (the vertical sky component (VSC)) and its distribution within the building (the Average Daylight Factor (ADF)) and (No Sky Line).

The VSC calculation is a general test of potential for daylight to a building, measuring the light available on the outside plane of windows. This assessment is generally considered too simplistic on its own to be used in tight urban environments such as this site. Nevertheless, the results obtained are used within the calculation of the ADF method.

The second recognised method of assessment for daylight is the Average Daylight Factor (ADF) calculation, which assesses the quality and distribution of light within a room served by a window and takes into account the VSC value, the size and number of the windows in a room and the use to which the room is put. ADF assesses actual light distribution within a defined room area whereas the VSC considers potential light. British Standard 8206, Code of Practice for Daylighting recommends ADF values of 1% in bedrooms, 1.5% in living rooms and 2% in kitchens. For other uses, where it is expected that supplementary electric lighting will be used throughout the daytime, such as in offices, the ADF value should be 2%. There is no general requirement within the BRE guidelines to assess ADF values, other than for neighbouring residential buildings.

The third method of assessment for daylight is the No-Sky Line assessment, which also assesses the distribution of light and divides those areas of the working plane which can receive direct skylight, from those which cannot. It provides an indication of how good the daylight distribution is within a room and is also part of the consideration of the VSC and ADF standards.

All three assessments have their own distinguishing features depending on the characteristics of the development site in question. The first method, the VSC assessment, is best suited for sites that are not within a tight urban context such as this. This is because the reduction values recommended by the BRE Report do not make allowance for the low level of the existing buildings in this situation. If the principles of the VSC assessment were used for this type of

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site, then any new development will be restricted to no more than 20% additional massing of the former building. This is considered as unrealistic in this urban setting and for this reason concentration has been focused on the second and third methods of assessing daylight – ADF & No-Sky Line.

The No sky-line and, in particular, the ADF assessments are better suited to demonstrate the quality and distribution within a habitable room of a neighbouring dwelling.

Neighbouring residential properties likely to be affected by the development proposals have been included in the daylight assessment, notably:

 RTP Crisp Warehouse, Allison Street

 4 Digbeth

Drawing 07340/LOC/801A, in Appendix 16, illustrates the residential properties tested against the 2009 scheme. The same properties are relevant for the 2015 proposed scheme.

Sunlight

The BRE have produced sunlight templates for London, Manchester and Edinburgh indicating the Annual Probable Sunlight Hours (APSH) for these regions. The London template has been selected for this study as Birmingham is central to London and Manchester in terms of latitude.

A sunlight analysis is undertaken by measuring annual probable sunlight hours (APSH) for the main windows of rooms which face within 90o of due south. The maximum number of annual probable sunlight hours for the London orientation is 1,486 hours. The BRE guidelines propose that the appropriate date for undertaking a sunlight assessment is on 21st March, being the spring equinox. Calculations of both summer and winter availability are made with the winter analysis covering the period from the 21st September to 21st March. For residential accommodation, the main requirement for sunlight is in living rooms and it is regarded as less important in bedrooms and kitchens.

Due to the orientation of the site not all neighbouring properties tested for daylight analysis qualify for sunlight analysis. Therefore, only one property was tested for sunlight adequacy:

 RTP Crisp Warehouse, Allison Street

The sunlight assessment has been undertaken using the APSH calculation method.

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Shadowing

The BRE advises that for gardens and open spaces to appear to be adequately sunlit throughout the year, no more than 40% (two-fifths) and preferably no more than 25% (one quarter) of any such space should be prevented by buildings from receiving any sun at all on 21 March.

The site and adjacent properties have been assessed to demonstrate the shadow path around the 2015 proposed scheme for mid-summer, mid-winter and spring equinox, in accordance with the BRE recommendations.

Night Light

In accordance with the section on the City at Night and paragraph 3.14G of the Birmingham Plan and the Lighting Places SPD (2008), the applicants have appointed specialist lighting designers, Hoare Lea, to prepare imaginative proposals for the high quality lighting of the buildings, places and spaces created by the Beorma Quarter in order to reinforce the image of the City as an attractive place after dark. Initial lighting design ideas are discussed in the remainder of this chapter, and also in the main body of the text within the Design and Access Statement prepared by Broadway Malayan, as submitted with the planning application.

16.3.1 Significance Criteria

In describing the significance criteria as set out below, it should be noted that they have been developed to protect residential properties, which are the most sensitive receptors. The guidance given by BRE has been used as a basis for the criteria to assess the Development’s potential impacts. The BRE guidance specifies:

“…In special circumstances the developer or planning authority may wish to use different target values. For example, in a historic city centre a higher degree of obstruction may be unavoidable…”

The report adds:

“…Different criteria may be used, based on the requirements for daylighting in an area viewed against other site layout constraints.”

In consideration of the above, it is important to note that the site is located in an urban centre that, in parts, currently experiences daylight levels below the BRE recommendations. This is discussed within the ‘Baseline Conditions’ section of this report. Thus, in these instances the BRE guidance states that the:

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“…guidelines should be applied sensibly and flexibly”.

Under these circumstances, the less stringent, higher BRE target percentage loss values and significance criteria may be justifiable.

16.4 Baseline Conditions

16.4.1 Daylight, Sunlight & Shadowing

An analysis of the impact of the existing buildings (the baseline conditions) against which to compare any potential impact arising from the development has been undertaken based on drawing 07340/SPT/805 in Appendix 16 (which is based on a 27 storey tower on this site – the revised proposals involve a 30 storey tower but it is only 3.6m taller than the 27 storey tower).

It is noted that the site is in close proximity to adjacent properties to the north of the site on Well Lane and to the South of the site on Digbeth.

The existing buildings are generally of low level not more than three storeys in height, that allow very good levels of natural light to reach all adjacent neighbouring buildings. Especially to that of Well Lane where currently there is a car park directly adjacent to the RTP Crisp warehouse.

An analysis of the existing daylight levels enjoyed by all relevant neighbouring properties has been undertaken in order to provide a baseline against which the impacts arising from the proposed development can be assessed. The detailed results of this analysis are presented in Appendix 16.

The BRE guidance is summarised in Table 16.1 and this has been used as the basis for the criteria used in the assessment of daylight and sunlight impacts.

Table 16.1: BRE Daylight Guidance used in the Assessment

Issue Criteria

Daylight A window may be adversely affected if the vertical sky component (VSC) measured at the centre of the window is less than 27% and less than 0.8 times its former value. A room may be adversely affected if the No-Sky Line is less than 80% of the room area and is less than 0.8 times its former value. A room may be adversely affected if the average daylight factor (ADF) is less than 1% for a bedroom, 1.5% for a living room or 2% for a kitchen. For offices a minimum figure of 2% is required.

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Issue Criteria

Sunlight A window may be adversely affected if a point at the centre of the window receives in the year less than 25% of the annual probable sunlight hours including at least 5% of the annual probable sunlight hours (APSH) during the winter months (21 September to 21 March) and less than 0.8 times its former sunlight hours during either period.

Overshadowing The BRE advises that for gardens and open spaces to appear to be adequately sunlit throughout the year, no more than 40% (two-fifths) and preferably no more than 25% (one quarter) of any such space should be prevented by buildings from receiving any sun at all on 21 March (spring equinox). If as a result of any new development there is a reduction of more than 20% of the former values, then the loss of sunlight is likely to be noticeable. It follows that if some sun is received on 21 March, there will be sun over the summer months, however this may be reduced by the development proposals.

This BRE guidance has been used to generate significance criteria that have been used to assess the impact of the Development. For No-Sky Line and APSH criteria, they are:

 Windows experiencing less than 20% reduction represent negligible to minor beneficial impacts;

 Windows experiencing between 20 and 29.9% reduction represent minor adverse impacts;

 Windows experiencing between 30 and 39.9% reduction represent moderate adverse impacts; and

 Windows experiencing greater than 40% reduction represents substantial adverse impacts.

For ADF criteria, they are for example in Living Rooms:

 Greater than 1.5% represents minor beneficial impacts;

 1.0 - 1.49% represents negligible to minor adverse impacts;

 0.5 - 0.99% represents minor adverse to moderate adverse impacts; and

 Less than 0.49% represents substantial adverse impacts.

Criteria figures may differ depending on room use.

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

16.4.2 Night Light

The site is currently occupied by a number of properties with a variety of uses including residential flats, retail outlets, a public house, offices, disused former Cold Store (ice manufacture), disused public house, disused picture house, an unoccupied unit, disused lock up garage building and a pay and display car park (unsurfaced). The current uses of the site generate a limited amount of night light and less so as the site has become more moribund and premises have closed down or become vacant. The light intensity given off from the site and immediate surroundings is relatively subdued compared to the general dominance of light scatter from Birmingham city centre, which is a dominant light feature at night.

16.5 Assessment of Impacts and Mitigation Measures

Daylight – ADF Assessment

The results of the ADF analysis on the relevant overlooking rooms are presented in the Tables 16.2 & Table 16.3. The full results of the daylight analysis are presented in Appendix 16 in tabular form with a sample waldram diagram plot in Appendix 16.

Table 16.2: Number of Living Rooms Experiencing Negligible and Adverse Daylight Impacts as a Result of the Development (ADF Method)

Address Total Number of Rooms Experiencing Adverse Impacts Number of Living Rooms Greater than 1.0 - 1.49% 0.5 - 0.99% Less than & Dining 1.5% represents Represents 0.49% Rooms represents Minor moderate represents Tested negligible adverse adverse substantial impacts impacts impacts adverse impacts

RTP Crisp 14 9 5 0 0

4 Digbeth 3 3 0 0 0

Total 17 12 5 0 0

Table 16.2 indicates that of the 17 neighbouring living rooms and dining rooms assessed 12 will fully comply with the target values set by the BRE for Average Daylight Factor assessment, 5 will experience negligible to minor adverse impacts. This equates to 70% of the rooms tested fall within the guidelines set out in the BRE guide.

The overall impact of the proposed scheme is considered to have a negligible to minor adverse impact on surrounding amenity in daylight terms.

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Table 16.3: Number of Bedrooms Experiencing Negligible and Adverse Daylight Impacts as a Result of the Development (ADF Method)

Address Total Number of Rooms Experiencing Adverse Impacts

Number of Greater than 0.66 - 0.99% 0.33 - 0.65% Less than Bed rooms 1.0% Represents Represents 0.33% Tested represents minor moderate represents negligible adverse adverse substantial impacts impacts impacts adverse impacts

RTP Crisp 9 8 1 0 0

4 Digbeth 0 0 0 0 0

Total 9 8 1 0 0

Table 16.3 indicates that of the 9 neighbouring bedrooms assessed 8 will fully comply with the target values set by the BRE for Average Daylight Factor assessment. This equates to 88% of the bedrooms tested are within the guidelines set out in the BRE Guide.

The overall impact for ADF to the neighbouring properties is considered to be negligible to minor adverse impacts when measured against the significance criteria.

Daylight – “No Sky” Line

The full results of the daylight analysis are presented in Appendix 16 and in graphical and tabular form in Appendix 16. A summary of the results of the “No Sky” Line analysis on the relevant overlooking rooms are presented in the Table 16.4 below.

Table 16.4: Number of Bedrooms Experiencing Negligible and Adverse Daylight Impacts as a Result of the Development (“No Sky” Line Method)

Address Total Number of Rooms Experiencing Adverse Impacts Number of Bedrooms Greater than 0.66 – 0.99% 0.33 - 0.65% Less than Tested 1.0% represents Represents 0.33% represents minor moderate represents negligible adverse adverse substantial impacts impacts impacts adverse impacts

RTP Crisp 23 6 0 0 17

4 Digbeth 3 0 0 0 3

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Address Total Number of Rooms Experiencing Adverse Impacts Number of Bedrooms Greater than 0.66 – 0.99% 0.33 - 0.65% Less than Tested 1.0% represents Represents 0.33% represents minor moderate represents negligible adverse adverse substantial impacts impacts impacts adverse impacts

Total 26 6 0 0 20

Table 16.4 indicates that of the 26 neighbouring habitable rooms assessed 6 will fully comply with the target values set by the BRE for the “No Sky” Line assessment and 20 will experience an adverse impact. This equates to 23% of the rooms tested fall within the guidelines set out in the BRE Guide.

The results for this particular assessment have no minimum standard in the guidelines where a room that currently has good light distribution; this standard can be failed even when the room is left with good levels of light following the development. This is not always a realistic standard in urban locations.

Sunlight – APSH

The results of the Annual Probable Sunlight Hours (APSH) analysis on the relevant overlooking windows are presented in the Table 16.5. The full results of the sunlight analysis are presented in Appendix 16 in tabular form along with a sample sunlight template in Appendix 16.

Due to the orientation of the site not all of the elevations tested for daylight analysis qualify for sunlight analysis.

Table 16.5: Number of Windows Experiencing Negligible and Adverse Sunlight Impacts as a Result of the Development (APSH Method)

Address Total Windows Number of Rooms Experiencing Adverse Impacts Number of Meeting Windows BRE <20% 20-29.9% 30-39.9% >40% Tested Guidelines Reduction Reduction reduction reduction for APSH – (negligible (minor (moderate (substantial Over 25% impact) adverse adverse adverse impact) impact impact)

RTP Crisp 14 3 0 0 0 11

Total 14 3 0 0 0 11

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Table16.5 indicates that of the 14 windows assessed 11 will exceed BRE target values for APSH as a result of the proposed development, and 3 will comply with BRE target values.

The results for the sunlight assessment demonstrate that RTP Crisp warehouse currently receives excellent levels of existing sunlight due to the low level of the existing Beorma site. This would be impacted by the development proposals and could only be mitigated if the proposed development was restricted in height which would not be practical or viable.

Shadowing

Whilst the impacts identified for the daylight and sunlight assessment were felt likely to be of a similar scale and magnitude for the 2009 assessed and 2015 proposed schemes, the increase in main tower height may have affected the shading analysis and so a revised overshadowing analysis was provided based on the 2015 scheme.

Figure 16.4: Shading Analysis – Mid Summer

The solar azimuth is at its highest point in Mid-Summer, facilitating longer hours of daylight and subsequently, greater sun penetration to the Beorma site. As a result the phase two tower shades St. Martin’s church and Selfridges to the North West across Park Street from early morning. In addition to this phase three, to the east of the Beorma Quarter, shades

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Orwell place completely and provides partial shading to Well Lane. As the sun moves in to the afternoon, the north east of the site becomes shaded completely and Allison Street partially to the east. Phase two also begins to shade Park Street, however this is limited until 18:00 hours. The terraces to phase two enjoy significant solar gain due to their elevated position, with some passive shading facilitated by an extended parapet to the perimeter. Finally, early evening sees a site wide reduction in natural light with no direct overshadowing from either phase two or three of the Beorma Quarter.

Figure 16.5: Shading Analysis - Equinox

At each equinox the Beorma Quarter begins to receive higher levels of light, albeit in the early part of the day, as the solar azimuth increases. More specifically the phase two tower shades the façade of Selfridges until 09:00 with phase three partially shading Orwell Place throughout the day. Early to mid-afternoon sees the shadowing effects of phases two and three moving clockwise across Well Lane and Allison Street. As early evening approaches, the eastern side of the development is in complete shade with only part of Park Street left naturally illuminated around the junction of St Martins church and Selfridges. The external terraces to phase two receive unobstructed daylight from approximately 09:00 to 18:00 hours due to their elevated position.

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Figure 16.6: Shading Analysis – Mid Winter

The Beorma development and surrounding context, as a general rule, receives a limited amount of sunlight due to the low solar azimuth at this time of year. Both Orwell and St. Martin’s Place are predominantly shaded as a result. As the sun rises and moves toward midday, the phase two tower provides significant shading to Park Street to the north and the adjacent car park for much of the day. Conversely, the facade of Selfridges and St. Martin’s church receive direct sunlight for a portion of the day from approximately 10:00 to 13:00 hours. The elevated terraced areas to the phase two tower enjoy a level of sun penetration however due to the low solar azimuth and shorter days this period is condensed between midday and 15:00 hours

The assessment of the amenity within the development demonstrates that although the scheme creates a small area of permanent shadow on the March 21 spring equinox, the results will fully comply with the minimum recommendations of the BRE guide and is therefore considered acceptable in shadowing terms.

Night Light

Due to the nature and scale of the proposed development, there will be an increase in night light generated at the site which could affect neighbouring buildings and residential properties

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within the proposed scheme itself and the surrounding area. The detailed lighting design is not yet available. A detailed scheme will be presented and agreed with the Local Authority by means of a planning condition. The opportunity to mitigate out potential impacts will exist at that time.

In principle, the lighting scheme will aim to avoid unnecessary light pollution, primarily through intelligent specification and the location of lighting equipment. The use of flat-glass, full cut-off luminaries and accessories such as cowls, louvres and baffles will accurately control where light falls and will largely eliminate unwanted light. The intensities of all light sources on the project will be kept as low as is practical whilst still meeting the technical and aesthetic requirements of the design. Whilst there will inevitably be some light emanating from the interiors of generously glazed buildings, the lighting of the Beorma Quarter should generate no direct light trespass from exterior luminaires. Similarly upward spill-light will be minimised, so as not to contribute to sky-glow pollution. Finally, a sensible strategy for control will ensure that lighting is turned down to a minimal safe and secure state at a suitable "curfew" time, to be agreed with the Local Authority. Feature-lighting elements and building façade lighting can be switched-off completely at an agreed time, depending on the functions of the building’s tenants. There may therefore be three sets of lighting conditions; dusk until “closing time”, “closing time until late” and “late until dawn”.

It may be desirable to illuminate the building façades in order to enhance the architecture and create site definition from a distance. If this is the case then it is suggested that certain architectural elements are illuminated, as opposed to a blanket floodlighting of the buildings. This approach should ensure that the illumination is subtle and prevents large amounts of light pollution to the local environment. Care will also be taken to ensure that the chosen methods of illumination do not impact on the apartments themselves and light spill should be well considered.

The proposed redevelopment of the site together with the new lighting installation will help enhance and improve the quality of the site, whilst providing a safe environment, in-line with current guidance and codes of practice.

There are no night light implications for the construction phase as significant night time floodlit working is not anticipated so other than security lighting to as similar level as occurs at present there will be no night time light sources.

The impact of night light upon the surrounding human receptors is considered to be insignificant compared to the general light scatter from the City centre. The impact of night light upon the surrounding ecological receptors is similarly considered to be insignificant.

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Preliminary lighting layouts of pedestrian areas and main elevation facades lighting zones are presented in Figure 16.7 and Figure 16.8 below.

Figure 16.7 Proposed Lighting 0f Pedestrian and Vehicular Routes

Figure 16.8: Proposed Façade Lighting Zones

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SECTION 16: DAYLIGHT, OVERSHADOWING & NIGHT LIGHT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

16.6 Summary

The site is situated in Digbeth, Birmingham, which is an inner city urban area and is in close proximity to the adjacent properties. The existing buildings are generally of low level that varies in height with a cleared car park directly outside the RTP Crisp warehouse, which currently allows very good levels of natural light into the adjacent buildings for an urban centre such as this.

The Birmingham Unitary Development Plan adopts the BRE Site Layout Planning for Daylight & Sunlight 1991, a guide to good practice daylight & sunlight as the standard to cover the protection of residential amenity under which daylight & sunlight can be considered.

To assess the developments’ potential impact on daylight and sunlight on neighbouring properties a baseline assessment was undertaken. The main methods of assessment included the Average Daylight Factor (ADF) and the No-Sky Line assessment for daylight analysis using the measured survey data to form the calculation along with the waldram diagram template. The Annual Probable Sunlight Hours (ASPH) using the sunlight template drawings provided by the Building Research Establishment was also used.

All neighbouring residential properties adjacent to the development site that are likely to be affected have been considered in this assessment.

The ADF analysis indicated that 76% of the neighbouring rooms tested will meet the minimum BRE guidelines as a result of the development proposals, with a small number of rooms just falling below the standard of the BRE guidelines.

Generally the scheme is considered to have a negligible to minor adverse impact when measured against the significance criteria of the three methods of daylight assessment undertaken.

The APSH sunlight analysis indicates that the scheme will generally have an adverse impact for main living rooms within RTP Crisp warehouse. This is more as a result of the very low level existing buildings rather than as a result of excessive bulk and massing being proposed.

The overshadowing analysis indicates that the scheme will comply with the minimum criteria outlined in the BRE guidelines.

Overall, the analysis undertaken demonstrates that given the approach recommended by the BRE guidelines, the impact of the proposed development will generally create a predominately negligible impact on the residential amenity adjacent to the development site and is

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considered to be acceptable in daylight & sunlight standards on the surrounding properties considering this built up urban location.

Whilst a detailed lighting design is not yet available, the scheme will aim to avoid unnecessary light pollution, primarily through intelligent specification and the location of lighting equipment. The intensities of all light sources will be kept as low as is practical whilst still meeting the technical, aesthetic and safety requirements of the design. A sensible strategy for control will ensure that lighting is turned down to a minimal safe and secure state at a suitable "curfew" time, with feature-lighting elements and building façade lighting being switched-off at an agreed time, depending on the functions of the building’s tenants. A detailed scheme will be presented and agreed with the Local Authority by means of a planning condition. The opportunity to mitigate out potential impacts will exist at that time.

The proposed redevelopment of the site together with the new lighting installation will help enhance and improve the quality of the site, whilst providing a safe environment, in-line with current guidance and codes of practice.

The impact of night light upon the surrounding human receptors is considered to be insignificant compared to the general light scatter from the City centre. The impact of night light upon the surrounding ecological receptors is similarly considered to be insignificant.

There are no night light implications for the construction phase as significant nightime floodlit working is not anticipated so other than security lighting to as similar level as occurs at present there will be no night time light sources.

Based upon the appraisal of daylight, overshadowing & night light impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature.

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

17 Telecommunication Interference

17.1 Introduction

This Chapter of the ES assesses the potential impacts and likely effects of the Proposed Development on local television (TV) broadcast reception during the demolition, construction and operational stages.

The Chapter describes the relevant policy context; the methods used to assess the potential impacts; the baseline broadcast TV reception conditions at and surrounding the Site; the potential direct, indirect, secondary and wider telecommunication impacts; mitigation measures integral to the development proposals; and the significance of residual effects.

It is noted that since the complete switch to digital only TV services that occurred in Birmingham during April 2012, analogue services are no longer in operation. Accordingly, an assessment of potential impacts on analogue television reception has not been undertaken.

This assessment does not consider the potential for impacts on other wireless radio services, such as emergency services radio communications, private Very High Frequency (VHF) radio users (typically taxis and minicab usage) and other VHF radio use. Their operational frequencies are much lower than that of broadcast television services and combined with an ability to make constructive use of reflected signals, radio handsets and units are able to operate successfully in cluttered urban environments. Accordingly, it is considered that there would be no significant risk to such radio use from the construction or operation of the Proposed Development.

17.2 Legislation and Policy Context

17.2.1 National Policy

National Planning Policy Framework, 2012

Paragraph 44 of the NPPF states that “Local planning authorities … should ensure that: they have considered the possibility of the construction of new buildings or other structures interfering with broadcast and telecommunications services.”

Planning Policy Guidance, 2014

The recently introduced Planning Practice Guidance web-based resource does not introduce anything new specific to telecommunications that has not already been covered within the NPPF.

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

17.2.2 Regional Policy

There are no regional telecommunication related policies.

17.2.3 Local Policy

There are no local telecommunication related policies.

17.3 Assessment Methodology and Significance Criteria

17.3.1 Baseline Characterisation

To characterise the existing baseline reception conditions at and surrounding the Site, a desktop study was first undertaken, based on broadcast transmission information, plans of the Proposed Development and maps of the area. This was followed by a site visit to establish the existing television reception conditions in line with Ofcom Reception Advice. The desktop study reviewed publicly available information and information on the Proposed Development relating to the following:

 main serving digital TV transmitter services and locations (Ofcom and Arqiva);

 details of the Proposed Development’s form and height.

A Site visit was undertaken on 17 November 2014 to obtain information on the following:

 adjacent building uses;

 approximate heights of neighbouring buildings;

 presence and orientation of existing TV receiving equipment (aerials and face mounted dishes on buildings);

 current availability of potential mitigation options; and

 baseline terrestrial digital TV reception conditions (including strength and quality of transmissions).

To understand existing reception conditions, standard practice is to undertake baseline surveys at the pre-construction stage. A similar survey is sometimes undertaken post- construction to confirm whether the introduction of the Proposed Development has actually significantly affected TV reception and to assist in determining the level of any mitigation to be provided in the event of significant adverse effects occurring.

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Due to the complex nature of telecommunication interference in high-density/built up environments, the Site visit also comprised a survey in the general area and in particular to the southwest of the Site, as this would likely be an area most affected by shadow paths created by the Proposed Development, to fully determine existing reception levels. Signal measurements were taken at 12 locations up to 2 km away from the Site (the ‘Study Area’). In a typically cluttered urban environment, such as the surrounding of the Proposed Development, 2 km is considered to be a suitable investigation area and has been derived from an understanding of the existing and expected reception conditions and the mechanisms of signal interference as discussed in preceding sections of this Chapter. These TV transmission measurements were carried out using a log-periodic receive antenna, mounted on a broadcast survey vehicle, at a receive height of 10 m above ground level (AGL). No assessment was made of reception conditions within residents’ homes.

The telecommunications assessment within this Chapter considers the likely direct effects of the Proposed Development in relation to the reception of digital terrestrial TV and satellite TV broadcast services (sensitive receptors) and the resulting secondary effect at properties in the surrounding areas that make use of these services.

Based on the Site visit survey data and visual findings, broadcast transmission information gathered, plans of the Proposed Development and maps of the area reviewed, the potential impacts on sensitive receptors were quantitatively assessed. Information on the Proposed Development was derived from the following:

 Area Schedule for the Proposed Development; and

 Planning Drawings

The following provided a basis for determining potential impacts:

 Differences in massing, form and height with respect to the physical properties of the existing buildings on the Site; and

 Signal propagation theory and the mechanisms of radio interference.

These techniques and field assessment of those transmitters providing signal to viewers were used to calculate the potential impacts upon sensitive receptors in the area. Outcomes were analysed, and together with various mitigation options, conclusions drawn on the overall effect of the Proposed Development on the reception of broadcast services for local residents.

The principles of radio signal transmission from the transmitting to receiving antenna were used to assess the effects of the Proposed Development on TV reception in the areas surrounding the Site. These are described in more detail in the following paragraphs.

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17.3.2 Mechanisms of Signal Interference – Electromagnetic Interference

Electromagnetic interference affects the operation of an electrical circuit or system as a result of electromagnetic radiation emitted from an external source. The disturbance may interrupt, degrade or limit the effective performance of the circuit or system. These effects can range from a simple degradation of signal or data to a total loss of data, or equipment malfunction. The magnitude of the effect is dependent upon the sensitivity of the circuit or system to any unwanted electromagnetic radiation and the level of unwanted interference present.

When considered on its own, a building or structure will not generate any interfering electromagnetic interference. Electromagnetic interference is generally caused by an unregulated emission or an unwanted, unlicensed transmission of radio frequency energy, which can interfere with another electrical circuit or system through various coupling means.

17.3.3 Mechanisms of Signal Interference - Signal Shadowing and Signal Reflections

Any physical object (e.g. a building or other structure) will produce two zones of potential disruption to TV reception. One zone is where the development creates a ‘shadow’ and the other is where it gives rise to a ‘reflection’. Both signal shadowing and signal reflections can be considered to be a physically generated signal interference mechanism, as a physical object (natural or man-made) is the cause of the interference.

At the frequencies used for broadcasting, the processes of creating a ‘shadow’ or a ‘reflection’ are somewhat more complicated than with visible light. However the principles of transmission and disruption are similar and are a useful comparison.

With ‘shadowing’ effects, the TV transmitter is effectively screened from the viewer in the area behind the structure, and the strength of the signal would therefore correspondingly be reduced. This is illustrated in Figure 17.1 and Figure 17.2.

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Figure 17.1: Affected Area in the ‘Shadow’ Zone

Figure 17.2: Plan View of the ‘Shadow’ Zone

TV signals do not create a ‘hard’ shadow as visible light would do, and therefore a ‘shadow’ zone must be considered as ‘divided’ into three sub-zones.

Within a few tens of metres of a solid structure, over the region where the optical view of the transmitter is lost, the reduction in signal strength is critically dependent on the specific design and composition of the structure. For most brick and concrete buildings the reduction is severe and in some cases almost total.

Further away from the structure (e.g. beyond 250 m, although this varies depending on the size of the structure) the limit of the ‘shadow’ zone and signal reduction are determined by diffraction at the edges of the structure and reflection off surrounding structures. The simple condition of whether or not a location has an optical view of the transmitter is not enough to classify the potential interference zone adequately. In general, the effect is that the signal

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appears to bend around the sides of the structure; the shadow zone reduces in size and the signal strength is reduced by much less than simple ray optics would suggest.

Even further away from the structure (e.g. 5 km) complex multiple reflections and diffraction, caused by structures in the locality, may result in the ‘shadow’ zone becoming almost non- existent.

With ‘reflection’ effects, the second zone of potential interference is produced by ‘reflection’ or ‘scattering’ of the incident signal, as shown in Figure 17.3.

Figure 17.3: Affected Areas in the ‘Reflected’ Zone of the Structure

Reflection’ type signal interference can cause two signals to arrive at the receiving point at different times relative to the other. This results in a second image appearing on the viewer’s screen, displaced from the first. This type of interference is known as ‘ghosting’. If the reflecting signal is complex, several ‘ghost’ images can result.

To help avoid this interference, domestic TV receiving antennas generally have a significant directional response to incoming signals, which means that the antenna may discriminate against interfering signals that arrive on significantly different bearings. This can result in an increase in the ratio of wanted to unwanted signal, as presented to the TV receiver.

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17.3.4 Digital Terrestrial TV - Freeview

The Digital Terrestrial TV (DTT) broadcast platform offers many advantages over older analogue broadcast technologies. Due to the way picture signals are encoded and broadcast, digital TV offers a much more resilient platform against the types of interference encountered by analogue TV broadcast networks. The construction of digital signals ensures that they are much more impervious to the effects of interference from indirect secondary reflections, which consequently ensures good quality and coherent data stream integrity at the receiver, resulting in an interference free picture.

Disruption to DTT services can sometimes be caused by an obstruction on the line-of-sight from the transmitter to the receive antenna, for example, a tall building or large hill.

To ensure interference free reception of digital terrestrial TV services, signal receive antennas must be positioned on the highest point of a structure. At the Site, all antennas must be directed towards the Sutton Coldfield transmitter to receive the maximum amount of available signal.

17.3.5 Digital Satellite TV - Freesat and Sky

Digital satellite services are provided by geo-stationary earth orbiting satellites positioned above the equator. To ensure good reception of satellite services, satellite receive antennas (satellite dishes) are normally positioned away from trees and other clutter and are orientated to face the southern skies.

Disruption to satellite TV services is normally caused by an obstruction on the line-of-sight from the satellite to the receive antenna, for example, a tall building or tall trees. Typical clearance heights of objects to the southeast of signal receive dishes are shown in Figure 17.4.

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Figure 17.4: Typical Clearance Distances and Obstruction Heights for Interference Free Satellite TV Reception

17.3.6 Cable Services

Cable TV services and services provided over the internet by Asymmetric Digital Subscription (ADSL) are received via cables connected directly into a receiver. These cables normally enter a building alongside the fixed land telephone line and are not affected in the same way as the transmission platforms described above.

17.3.7 Significance Criteria

There are no published or recognised significance criteria for the assessment of telecommunication interference. Accordingly, prudent professional judgement has been used to determine significance.

The significance of residual effects has been established through consideration of the use of areas/buildings likely to be affected by the Proposed Development (e.g. commercial or residential use), together with the type of telecommunication service likely to be in use in such buildings (e.g. terrestrial, cable or satellite).

Where the affected areas/buildings are mainly in residential use, the effects due to the Proposed Development are likely to be more significant as there is a greater potential that terrestrial services would be in use. The predominant impact from the Proposed Development would be from interference to digital TV services in those areas and the number of residential buildings likely to be affected determines the scale/magnitude of the impact.

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

The criteria that have been applied to determine the significance of likely effects arising from interference caused by the Proposed Development are as follows:

 High Adverse: The Proposed Development is likely to result in a complete loss of a signal for a wide area of receiving aerials. This would arise from severe radio shadowing as a result of a very tall or very wide building, which would be significantly greater in form than other buildings surrounding it. More than 500 receptors would be affected.

 Moderate Adverse: The Proposed Development is likely to result in a noticeable deterioration in signal quality over a moderate area of receiving aerials. With respect to digital services, the reliability of the service would be reduced due to decreased received signal levels. In the order of 50 to 500 receptors would be affected.

 Low Adverse: The Proposed Development is likely to result in a slight deterioration in signal quality over a small area of receiving aerials. The effects on digital services would be less severe, only resulting in the intermittent reduction of service reliability. Less than 50 receptors would be affected.

 Neutral: Neither beneficial nor adverse effects of operations on receptors.

 No effect: No effect of operations on receptors. Signal qualities and levels would not change by any noticeable amount.

 Low Beneficial: Not applicable to this Site. The effect of interference on any communications system cannot be graded as minor beneficial. The emanation of interference from any source degrades the signal in many ways e.g. by varying the amplitude and phase of the transmitted signal, temporary or permanent loss of signal, etc.

 Moderate Beneficial: Not applicable to this Site. The effect of interference on any communications system cannot be graded as moderate beneficial. The emanation of interference from any source degrades the signal in many ways e.g. by varying the amplitude and phase of the transmitted signal, temporary or permanent loss of signal, etc.

 High Beneficial: Not applicable to this Site. The effect of interference on any communications system cannot be graded as major beneficial. The emanation of interference from any source degrades the signal in many ways e.g. by varying the amplitude and phase of the transmitted signal, temporary or permanent loss of signal, etc.

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17.3.8 Assumptions and Limitations

The assessment identifies only the area where the Proposed Development could potentially cause signal shadows. However radio waves are reflected and refracted off buildings and other structures and therefore it is unlikely all users in the area could be affected. This is especially relevant for DTT services.

Only a comparison between pre-construction TV reception survey data and post-construction signal reception survey data, can fully determine actual effects.

The UK’s terrestrial TV network is a highly complex engineering system and is constantly being modified, re-designed, upgraded and maintained. The reception conditions detailed in this Chapter were those prevailing at the time of the survey (17 November 2014) in the Study Area. Engineering work at transmitter sites, weather conditions and the time of the year will influence the quality and coverage of terrestrial services and their susceptibility to interference. Whilst every effort was made to accurately measure and assess the available TV transmissions and services at the time of the survey, it cannot be assumed that any part of the TV broadcast network or transmission from any transmitter was operating in required specification or correctly to any design criteria. The signal measurements undertaken during the survey work were used to define the possible impacts to TV reception for this assessment.

Modelling parameters assume that all installed UHF antenna systems are mounted at least 10 m AGL and installed to a modern standard, with all components meeting Confederation of Aerial Industries (CAI) quality standards. Antennas mounted at lower heights and poor quality installations will be more prone to the effects of interference from external sources and as such, reception conditions to installations with the aforementioned characteristics have not been accounted for in any impact modelling. Consequently properties with such installations may be prone to interference effects that have not been identified. Such installations are commonly found on bungalows and properties where it is not possible to attach an antenna to the exterior roof.

Antennas mounted in lofts are also more prone to interference effects arising from the signal attenuation caused by roofing materials. Reception conditions to properties with the aforementioned antenna installation characteristics have not been accounted for in any impact modelling and as such, properties with these installations may be prone to interference effects that have not been identified.

Antennas can be mounted on flat rooftops and as such may not be visible from street level. Consequently, antennas may be positioned in areas where impacts may occur; however their presence is not known.

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The installation of a signal receiving antenna does not indicate that a TV viewer is present or that the antenna system is in good working order.

17.4 Baseline Conditions

17.4.1 Available Broadcast Services

Digital Terrestrial TV - Freeview

The Study Area is served from the transmitting site at Sutton Coldfield (NGR SK1135000350). Technical information regarding the services from this transmitter is provided in Table 17.1.

Table 17.1: Sutton Coldfield TV Services

Channel Frequency Fc Digital Multiplex and Owner UHF Channel Number * (MHz) **

BBC A / BBC (PSB) 43 650.000

D 3&4 / D 3&4 (PSB) 46 674.000

BBC B (HD) / BBC (PSB) 40+ 626.167

SDN / SDN (COM) 42 642.000

Arqiva A / Arqiva (COM) 45 666.000

Arqiva B / Arqiva (COM) 39+ 618.167

COM7 (HD) / Arqiva (COM) 33 570.000

L-BRM / Comux (COM) 51 714.000

Notes: Public Service Broadcaster (PSB) Digital Multiplexes Commercial (COM) Digital Multiplexes * - Digital multiplexes with a “+” or “-“ sign operate with a frequency offset making the centre frequency + or - 167 kHz ** - Nominal centre frequency, Fc (in Megahertz) of the multiplex can be calculated using Fc=8n+306, where ‘n’ is UHF channel number

No digital self-help installations (very low powered TV transmitters to cover very small areas of population) were identified in the Study Area.

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Digital Satellite TV - Freesat and Sky

Digital satellite TV services, within the Study Area, are provided by geo-stationary earth orbiting satellites positioned above the equator. Digital satellite TV broadcast services (Freesat and Sky) are provided by the ASTRA 2A, ASTRA 2B and ASTRA 2D satellite cluster, located at an orbital location of 28.2 degrees east.

Optimum reception is obtained by aligning satellite dishes to the southeast on a compass bearing of 143.9 degrees and an elevation to the horizontal of 23.8 degrees.

Baseline Reception Conditions

During the 19 November 2014 Site visit, 12 representative locations within the Study Area, as outlined above in Baseline Characterisation Section, were investigated. These locations are shown in Figure 17.5 with the corresponding measurements taken provided in Table 17.2.

Figure 17.5: Location of Site, Surveyed Points and Direction of incoming Signals from Sutton Coldfield

The following data was recorded:

 signal qualities and field strengths (signal strengths) of DTT transmissions from the Sutton Coldfield transmitter; and

 viewing preference (choice of TV transmitter) of residents, (visually assessed by inspecting the orientation of roof mounted receive aerials).

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Table 17.2: Field strength technical quality measurements of Sutton Coldfield Digital TV Services

Notes: Channel Status Information (CSI) Values are expressed in % Modulation Error Ratios (MER) values are expressed in dB (Decibels) Frequencies listed are in MHz Field strength (FS) values are indicated in dBV/m

The buildings and structures currently on the Site have an influence on terrestrial TV reception conditions in areas to the immediate southwest, as incoming signals propagate from the northeast from the Sutton Coldfield transmitter. This influence is evident by slightly reduced signal strengths into these areas. However, as is the case throughout central Birmingham, reception of terrestrial services is still optimal in this location due to the inherent ability of Freeview signals to diffract around obstructions and the forward error correction technology used in Freeview transmissions.

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Existing Sensitive Receptors

There are no existing sensitive receptors to the immediate east, south, north or west of the Site. Commercial use sites are located all around the site.

17.5 Assessment of Project Impacts

17.5.1 Potential Impacts

Potential Demolition and Construction Impacts

During the demolition and construction works, large temporary structures such as cranes may cause highly localised disruption to reception services in the vicinity of the Site. As the phased construction of the Proposed Development progresses, potential impacts would increasingly resemble that of the completed development. Potential impacts during this stage of the Proposed Development are discussed in relation to each sensitive receptor in the following paragraphs.

Digital Terrestrial TV - Freeview

Due to the existing good availability of DTT signals and lack of interference caused by the existing buildings in the Study Area, DTT reception is unlikely to be affected during the demolition and construction works, which would see a gradual increase in development across the Site towards the final built form over the development programme. Consequently, there would be no impact on DTT signals.

Digital Satellite TV - Freesat and Sky

Due to lack of interference caused by the height and form of the existing buildings in the Study Area, and the locations of any receiving dishes, digital satellite TV reception is unlikely to be affected during the demolition and construction works. Consequently, there would be no impact on DST services.

Cable Services and TV over ADSL

There are not believed to be any important arterial communication routes crossing the Site. Accordingly cabled services would not be impacted by the demolition and construction works of the Proposed Development.

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SECTION 17: TELECOMMUNICATION INTERFERENCE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

17.5.2 Potential Completed Development Impacts

Digital Terrestrial TV - Freeview

When considering the influence of the existing buildings in the Study Area, the good coverage already provided by existing DTT transmissions and the inherent resilience of the DTT signal with respect to interference, plus the absence of any residential receptors utilising low mounted receiving antennas to the immediate north-north-west of the taller elements of the Proposed Development (where any significant signal shadow could be created) it is unlikely that the Proposed Development would impact the reception of DTT services. Furthermore, since the Digital TV Switchover that occurred during April 2012, DTT transmission modes also changed, ensuring better coverage within cluttered urban areas.

Digital Satellite TV – Freesat and Sky

Due to the optimal positions of existing satellite signal receiving dishes on nearby buildings (ensuring clear line of sight to the serving satellite), especially in relation to those on residential properties, it is unlikely that the Proposed Development would impact on Digital Satellite service reception as any signal shadow zones created by the taller elements of the Proposed Development, will not obscure the line of sight from these receiving dishes to the serving satellites. Consequently, the Proposed Development would have no impact on the reception of DST services.

Cable Services and TV over ADSL

The Proposed Development would not impact cabled TV services. Consequently, interference is not a concern.

17.6 Assessment of Cumulative Impacts

When taking into consideration the cumulative effects that may arise from the Proposed Development in combination with other cumulative schemes in the vicinity, and considering the complex nature of television interference in cluttered environments, the timelines and other factors affecting potential different mitigation options, quantifiable impacts cannot be readily derived.

However, based on professional judgement and considering the locations of the cumulative schemes relative to the Proposed Development, as well as the direction of incoming signals and the nature of signal interference, no in-combination cumulative effects are considered likely to occur either during the demolition and construction stage or the completed development stage.

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17.7 Impact Mitigation and Residual Effects

17.7.1 Mitigation

As no adverse impacts have been identified during any work stage, no pre-construction or post-construction mitigation measures are required.

Mitigation by Design

With regards to design mitigation with the exception of changing building heights and mass, options to reduce any potential interference risks are limited. Solutions exist (not design based) for interference caused by reflections, but offer no help to those in the radio shadow of a new development or existing development.

Mitigation during Demolition and Construction

As no adverse impacts have been identified during the demolition and construction stage, no mitigation measures are required.

Mitigation during Completed Development

As no adverse impacts have been identified arising from the completed development, no post- construction mitigation measures are required.

17.7.2 Assessment of Residual Effects

Demolition and Construction Effects

It is anticipated that demolition and construction works of the Proposed Development would have No effect on the reception of broadcast services.

Completed Development Effects

It is anticipated that the Proposed Development, once complete, would have No effect on the reception of broadcast services.

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17.8 Summary

Planning policy requires that the potential impact of Proposed Development on TV reception is adequately assessed and mitigation offered where appropriate.

From the technical analysis carried out, it is considered unlikely that the Proposed Development would cause any interference to digital terrestrial TV services (Freeview), based on the current good reception conditions and the lack of sensitive receptors utilising low mounted antenna systems in areas where signal shadowing could occur. During the Digital TV Switchover, DTT transmission powers increased and transmission modes changed to ensure better coverage in urban areas.

From the detailed analysis carried out, it is considered that the Proposed Development would have the following effects:

 No effect on the reception of digital terrestrial TV services such as Freeview during either the demolition and construction stage or operational stage;

 No effect on the reception of digital satellite TV services such as Freesat and Sky during either the demolition and construction stage or operational stage;

 No effect upon the reception of cabled TV services due to the delivery nature of these services.

Table 17.3 summarises the outcomes of the assessment.

Table 17.3: Summary of potential impacts of the proposed development, mitigation and residual effects

Potential Impact/Issue Mitigation Means of Outcome/Residual Proposed Implementation Effects Demolition and Construction Interference to digital N/A N/A No effect terrestrial TV services - Freeview

Interference to digital N/A N/A No effect satellite services – Freesat & Sky

Interference to cable TV N/A N/A No effect services Completed Development

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Potential Impact/Issue Mitigation Means of Outcome/Residual Proposed Implementation Effects

Interference to digital N/A N/A No effect terrestrial TV services - Freeview

Interference to digital N/A N/A No effect satellite services – Freesat & Sky

Interference to cable TV N/A N/A No effect services

Based upon the appraisal of telecommunications impacts discussed above, the residual impacts associated with the Construction Phase are `deemed to be INSIGNIFICANT. The residual impacts associated with the Operational Phase are deemed to be INSIGNIFICANT.

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SECTION 18: WASTE MANAGEMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

18 Waste Management

18.1 Introduction

Wastes are an inevitable aspect of any business activity. These are evident with the current site operations and also will be with the redeveloped site, but there will be two aspects to waste management associated with the redevelopment. Firstly one off wastes will be generated during the construction phase. Secondly, once the site is developed and operational there will be regularly occurring routine wastes associated with the activities of the tenants and site users.

There is a great deal of regulatory and financial pressure to manage wastes effectively and avoid landfill disposal where possible. The applicant has considered this in the context of the proposed development and assessed the waste characteristics of the current site use and the proposed development in order to try and evaluate potential impacts and identify options for sustainable waste management.

18.2 Legislation and Policy Context

18.2.1 National Policy

Historically, waste management during the construction phase of a project was governed by The Site Waste Management Plans Regulations 2008. These regulations were repealed on the 1st December 2013; therefore there is no longer a legal requirement for the main contractor to produce a Site Waste Management Plan (SWMP). Recognising this position, for this project the developer will require the main contractor to adopt an agreed Resource Management Plan which, in addition to waste management, will also set criteria for the management of energy, water and materials.

Waste management during the occupational phase of the project is governed by the Waste (England & Wales) Regulations 2011 which sets out specific legal duties for waste producers and managers.

18.2.2 Regional Policy

There are no regional policies that are relevant to this chapter.

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18.2.3 Local Policy

In April 2012 Birmingham City Council published “Refresh of Municipal Waste Management Strategy” which seeks to promote recycling and energy recover for municipal wastes that fall under the responsibility of the City Council. The Waste Management Strategy (2006 – 2016) has the following five objectives:

 The Council will explore ways of reducing the amount of waste sent to landfill to an absolute minimum, recovering value from waste wherever economically and environmentally practicable through energy recovery and measures to increase re- use, recycling and composting;

 The City Council and its partners will raise awareness among the wider community to view waste as a resource and will deliver communications activities and work with relevant stakeholders (such as community groups and schools) to promote the cultural change needed to significantly increase recycling and re-use and reduce the overall quantity of waste requiring treatment or disposal;

 The City Council will develop recycling and composting systems that meet the targets set out in this strategy through methods that are acceptable and accessible to the residents of Birmingham;

 The City Council will explore ways of working with other local authorities and will expand its partnership activities with the private and voluntary sectors to assist in delivery of this Strategy; and

 The City Council will work with its partners and other agencies to provide efficient and effective enforcement of its services to contribute to a clean, green, safe and healthy environment.

This in effect creates the recycling and collection regimes that the occupiers of the residential units of the proposed development would be expected to comply with and which the development design would need to facilitate.

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18.3 Assessment Methodology and Significance Criteria

The waste management evaluation has considered the wastes that are likely to be generated as a result of the site usage for its normal business (current and planned) and the construction site preparation related wastes.

The methodology for looking at operational wastes has simply involved examining waste management practices on the site and where possible predicting waste generation activities associated with the redeveloped site. The Developed site will not have a centralised waste management contract for commercial tenants as it is anticipated that the tenants will have national contracts and waste management packages with different waste management companies that would take precedence over any site-based solution. Wastes generated as a result of the residential aspect of the development will be collected by Birmingham City Council. Given this and the fact that the future tenants for the development are not fully known at this stage, only general discussion can be provided and general sustainable waste management principles be put forward as part of the tenants requirements. In essence, however, it is only the waste volumes that cannot be predicted at this stage, the nature of the wastes and the opportunities for sustainable waste management are well understood.

For the construction related wastes, a detailed evaluation has been undertaken of the site conditions via a comprehensive site investigation (see Section 14) and cross referenced with the planned engineering works in order to identify the likely provenance and quantity of waste materials that will be generated. Sustainable solutions have then been researched to enable, as much as possible, the re-use of this material and avoidance of landfill disposal.

These issues are discussed in more detail in the following sections.

18.4 Baseline Conditions

The current site activities generate a relatively limited range of waste materials, which are predominantly non hazardous wastes and, to a much lesser extent, hazardous wastes (in the main sanitary wastes). At present the storage and management of these materials is ad-hoc with the various site users having their own waste disposal arrangements. Waste currently identified on site comprises in the main general wastes comprising paper, cardboard and plastic generated as a result of various operations undertaken at the site. There is no formal site-wide waste management plan.

Insofar as waste management is concerned, generally the following arrangements exist:

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 General Wastes (paper, card, plastic, waste products, etc) are taken away in bins/small skips by various waste contractors, as appointed by individual tenants, to waste transfer station for segregation/recycling with non recyclables bulked up for landfill disposal;

 Some tenants may segregate cardboard, paper and plastic wastes for recycling; and

 There are no site-wide recycling, segregation or recovery initiatives and no overall waste management philosophy and no on-site treatment of wastes.

If no development takes place, such wastes will continue to be produced and managed in an ad-hoc manner. The quantities involved are very small. The new Phase 1 development when completed will produce similar wastes which will be managed and disposed of under a waste management contract with an appropriately licensed contractor.

18.5 Assessment of Project Impacts

The development will have two distinct phases of waste generation, the first being one-off construction related wastes which will be short lived and transient, the second being the long term waste generation activities associated with the tenants and site users. For the proposed mixed use site, the anticipated waste types that are predicted for both the construction and operational phases are presented in the Table 18.1.

Table 18.1: Predicted Waste Types

Construction phase wastes Operational phase wastes

Building demolition rubble comprising, brick, Small quantities of waste oils and chemicals glass, timber and concrete. from certain businesses and site support activities.

Uncontaminated excavation waste Paper, cardboard, food and plastic waste from business activities and residential dwellings

Inert waste Medical, sanitary and cleaning chemicals wastes from residential and commercial premises.

Asbestos-containing materials e.g. from Waste vegetation from routine maintenance of roofing and lagging materials. landscaped areas.

Waste Oils and potentially hazardous materials Redundant plant and equipment. from buildings clearance.

Mixed packaging waste Soils and possible contamination from minor earthworks (sewer repair, trenching, post boring, etc).

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Construction phase wastes Operational phase wastes

Wood waste Sanitary effluent from business and residential premises.

Mixed metals Construction/demolition wastes from periodic contractor activities.

Gypsum plasterboard waste

Waste insulation material

Collected groundwater and rainwater.

All such wastes derived on the site will be disposed of to appropriately licensed off-site facilities using reputable waste management contractors and for which the necessary Duty of Care documentation will be kept. Consequently, these wastes will have negligible impact on the environment.

These materials will be generated to varying quantities which cannot be specified at this time as it is partly dependent upon the precise nature of the businesses and site occupiers and how effective they are at waste minimisation and waste management. It is possible, however, to give a relative assessment of the potential waste quantities and their intended fate.

Table 18.2: Fate of Generated Wastes

Waste Type Phase Relative Volume Fate

Building demolition rubble Construction Large Reuse on site, excess comprising, brick, glass, reused off site at an timber, concrete. exempt site/standard permit site.

Uncontaminated Construction Large Reuse on site, excess excavation waste reused off site at an exempt site/standard permit site.

Inert waste Construction Large Removed off site by inert waste disposal contractor for onward recycling.

Asbestos-containing Construction Small Removed by specialist materials e.g. from roofing contractor working to and lagging materials. approved method statements. Removed off site for safe disposal.

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Waste Type Phase Relative Volume Fate

Excavated soil (potentially Construction Small Treated on/off site in contaminated) associated accordance with with foundation and methodology set out in basement excavations and chapter 14. trenching for services.

Waste Oils and potentially Construction Small Removed off site to hazardous materials from licenced treatment & buildings clearance. disposal/recycling facilities.

Mixed packaging waste Construction Moderate Segregated on site, compacted and removed off site for recycling by packaging waste disposal contractor.

Wood waste Construction Moderate Segregated for reuse on site. Surplus to be re moved from site and sorted for re use by the local Community wood Recycling Scheme.

Mixed metals Construction Small Removed off site for recycling at metal recycling facility.

Gypsum plasterboard Construction Small Segregated on site and waste removed off site for specialist recycling.

Waste insulation material Construction Small Collected and taken for disposal.

Collected groundwater Construction Moderate Discharge to storm and rainwater. water drains if uncontaminated. If contaminated collected for offsite treatment.

Small quantities of waste Operational Small Removed off site to oils and chemicals from licenced treatment & certain businesses and site disposal/recycling support activities (e.g. CHP facilities. maintenance activities).

Paper, cardboard, food Operational Moderate Off-site recycling via and plastic waste from contracted waste business activities and management firms. residential dwellings

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Waste Type Phase Relative Volume Fate

Medical, sanitary and Operational Small Segregated and cleaning chemicals wastes removed from site for from residential and specialist commercial premises. treatment/recycling,

Waste vegetation from Operational Small Removed for off-site routine maintenance of composting. landscaped areas.

Redundant plant and Operational Small Sent for recycling. equipment.

Sanitary effluent from Operational Moderate Discharge via existing business and residential foul sewers. premises.

Construction/demolition Operational Small Where appropriate to wastes from periodic the scale of project contractor activities. construction phase protocols to be adopted.

Key : Small = tens of tonnes Moderate = hundreds of tonnes Large = thousands of tonnes Very Large = tens of thousands of tonnes

18.7 Cumulative Impacts

The wastes generated at the site will contribute to the overall burden of Municipal Solid Waste production. This is not necessarily additive, however, as the businesses, activities and persons that will occupy the developed site would still exist and be based elsewhere producing similar quantities and types of waste. As such, there are no cumulative impacts insofar as wastes are concerned.

18.8 Impact Mitigation and Residual Effects

Beorma Quarter Resource Management Plan

The waste management issues associated with the construction phase will be managed via the main contractor’s Resource Management Plan. The Resource Management Plan will document all waste arisings and set out a plan and objectives for managing all construction wastes in accordance with the accepted best practice waste hierarchy as follows:

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SECTION 18: WASTE MANAGEMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Figure 18.1: Waste Hierarchy of Preferred Management Methods

The Resource Management Plan will be supplemented by site inductions and “toolbox talks” to all stakeholders and contractors to ensure that opportunities are sought and exploited where possible. The Resource Management Plan will set out specific targets for recycling, re- use and recovery of various construction wastes and will document success against these targets.

The demolition rubble and excavated soils associated with the site clearance and construction works will be the dominant and most environmentally significant waste stream associated with this project, but this will be transient in nature. Insofar as a summary of the management of rubble and contaminated soils arising on the site is concerned the following aspects are pertinent:

 Asbestos containing materials will be removed from all buildings prior to demolition and disposed of off-site by a licensed asbestos contractor;

 Tenants will be obliged to remove all redundant equipment and waste materials associated with their activities on vacating the current premises;

 Demolition rubble will be screened and crushed (where suitable) for re-use on the site as bulk fill;

 The asbestos identified during the archaeological trial trenching will be excavated under controlled conditions i.e. in calm weather conditions, with damping down of the asbestos materials, if necessary to minimise the risk of air borne asbestos fibres, for off-site disposal by a licensed waste contractor to a suitably licensed waste disposal facility. The excavation will be monitored by qualified and experienced field scientists to ensure the asbestos containing materials are handled and segregated appropriately;

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 Materials arising from the bulk excavation to create the basement voids (expected to be in the order of 7,000m3) will be screened and characterised to try and ensure that as much as possible of this material is sent for beneficial re-use off site. For example, for landscaping projects, bulk fill for other development projects or landfill engineering materials;

 Arisings from the piling operations will be treated similarly to other excavated materials, being monitored, analysed and managed; and

 Detailed records (and where appropriate a photolog) will be kept of all construction phase waste arisings and their management and fate. This will be reported to the Local Authority and EA on completion of the construction phase.

The wastes associated with the operational phase will be governed by a site wide Waste Management Policy as described below.

Beorma Quarter Waste Management Policy

It is unlikely that the proposed commercial tenants will be obligated under the Producer Responsibility (Packaging Waste) Regulations 1999 (as amended) (which sets out recycling, re-use and recovery obligations), hence there will not be a formal requirement for individual waste generators to recover and/or recycle packaging waste generated as a result of their activities. The residential tenants, however, will have their waste collected as part of the Council’s municipal waste collection services and thus will be obliged to comply with The Council’s waste collections and recycling requirements. For each residential phase at ground floor level a dedicated area with appropriately sized waste receptacles will be provided for the disposal of waste. Within phase 2 (and as a result of the height of the residential component of this phase) a refuse chute will be provided, accessed at each floor and with a ‘selector’ facility allowing the segregation of recyclable and non-recyclable waste which will then be deposited into designated bins at ground floor level. The residential management company will be responsible for ensuring the removal of full bins and the substitution of empty bins. Within phase 3 general waste and recyclable bins will be provided in the ground floor refuse store where residential tenants will deposit waste. Within phase 2 signage will inform tenants of the correct use of the refuse chute to segregate recyclable and non recyclable waste. This will be augmented by guidance within the tenant’s pack issued by the management company. Within Phase 3 the refuse store and waste receptacles for residential tenants will be suitably sign posted to ensure tenants are clearly informed of the waste disposal facilities provided. As with phase 2 this will be augmented by guidance within the tenant’s pack issued by the management company.

With respect to commercial tenants, the waste strategy is likely to adopt two strands.

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SECTION 18: WASTE MANAGEMENT Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Ground floor retail/leisure tenants

It is likely that ground floor retail/leisure tenants will have national waste management arrangements with waste/packaging recycling organizations. Retail/leisure tenants will therefore be responsible for the storage and subsequent off-site disposal of their own waste materials. In order to ensure adequate standards of waste management at the site, however, retail/leisure tenants will be required to subscribe to a site wide Waste Management Policy that will be set out in the tenants handbook. The Waste Management Policy will include the following provisions:

 all wastes must be stored in appropriately labelled waste storage receptacles on suitably hard surfaced areas, away from drains;

 the waste receptacles shall be located in designated waste storage areas;

 waste storage areas must be kept clean and tidy and must be litter free at all times;

 where possible wastes should be segregated to facilitate off-site recycling or reuse;

 the disposal of wastes to landfill should be avoided where possible;

 tenants must retain Duty of Care Waste Transfer Notes and Hazardous Waste Consignment Notes for the appropriate length of time; and

 tenants must provide site management with details of all appointed waste contractors who may have reason to access the site.

Office tenants

It is likely that each office tenant will employ its own cleaning company. However, the building management company will adopt the site wide Waste Management Policy set out above and, through the tenants lease, tenants will be required to comply with this policy. Tenants will be expected to segregate recyclable and general waste for clearance by the cleaning company to ground floor refuse stores. Within each refuse store there will be clearly sign posted waste receptacles for recyclable/general waste. Waste is likely to be collected by a contracted waste/packaging recycling organization, with the frequency of collection matched to the business practices of the tenants and the volume of waste generated.

Wastewater Generation and Management

In addition to solid wastes, the development will also generate wastewaters. As with most aspects of the Development, construction and operational phases need to be considered

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separately. During the construction phase, the principal wastewaters will be the sanitary waters for site workers and occupants (which will utilise the current foul-water systems) and ‘waste’ waters arising from de- watering of excavations, which is not expected to be contaminated. During the operational lifetime of the development, de-watering will not be necessary; however, there will be a requirement for sanitary systems and discharge arrangements for each of the proposed development buildings. In broad terms the anticipated waste waters will comprise:

 Clean surface water run-off;

 Contaminated surface water runoff;

 Groundwater (significant contamination is not anticipated); and

 Sanitary water from toilet facilities and washrooms. These issues are discussed in more detail below.

Construction Phase

Wastewaters likely to be generated on site during the construction phase include the following:

 temporary portable toilet facilities to be utilised by the construction workers;

 temporary discharges associated with changeover from the old drainage system to the new drainage system and its management;

 wastewaters from the dewatering of excavations although quantification of the possible volume involved cannot be undertaken at this stage as this is dependent upon the depth and extent of excavation, the incidence of rainfall and the rate of inflow; and

 dirty water from a temporary on-site wheel-wash, should one be required during the construction works.

Operational Phase

None of the wastewaters identified above will be associated with the operational phase. The main wastewater once the site is operational will be sanitary waste water from the toilet blocks and washrooms associated with the site tenants. It is also possible that there will be minor discharges from small scale floor washing facilities.

If this is the case, it is unlikely that tenants will require a trade effluent discharge consent due to the composition, the infrequent nature and low volume of the discharges. Restaurant

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facilities may, however, require a trade effluent consent for the kitchens and a grease trap on the drains.

Mitigation

Clearly it will not be acceptable to simply discharge wastewaters to unsurfaced areas of the site or direct to surface water drains; on site wastewater management will be required.

During the construction phase, temporary portable toilet units will be provided discharging into the existing foul water sewerage system.

The waters arising from excavations will in all cases be sampled and analyzed to enable their contamination status to be assessed. Based upon the results of this a number of options are available for the management of this water. These include:

 Spraying on to un-surfaced areas of the site to allow evaporation and re-infiltration of the waters (with appropriate EA approval);

 Discharge to foul sewer under a temporary discharge consent with the water utility company; and

 Temporary storage on-site and off-site removal in road tankers to a wastewater treatment facility (if the water is found to be contaminated).

Once the site is operational, sanitary waste will be discharged direct to the municipal foul sewer.

The management and maintenance of the site’s foul sewer system will fall under the control of the facilities management team to ensure consistent management and operation of this drainage system for the development.

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18.9 Summary

The Beorma Quarter currently generates a limited range of waste materials which are currently stored and disposed of in an ad hoc manner. Whilst some tenants may have individual recycling arrangements, there is no site wide waste management philosophy. The existing development also produces wastewater – sanitary waste that is discharged into the existing public sewers.

Waste

The project will generate waste during two distinct phases, the construction phase and the operational phase. The predicted waste generated by each phase has been assessed, and the fate of each waste type determined. During the construction phase a Resource Management Plan will look to: prevent/reduce waste, reuse material, recycle and recover waste and only then dispose to landfill. During the operation phase a Waste Management Policy will look to segregate recyclable material from general waste.

Wastewater

Also during the construction phase, wastewater from sanitary facilities will be discharged into the existing foul sewerage system. Other waste waters will be tested and either evaporated, discharged into the foul sewerage system or removed from site by road tanker.

During the operation phase the only wastewater predicted is sanitary waste which will be discharged into the existing sewerage system.

The overall environmental impact in terms of waste management will be a minor negative impact for the construction phase as large volumes of waste will be generated that would not arise under the baseline conditions but the operational development represents a moderate positive impact. Although greater waste volumes will be generated, these will be better managed and dealt with in a more sustainable way than occurs presently.

Based upon the appraisal of waste management impacts discussed above, the residual impacts associated with the Construction Phase are deemed to be of LOW significance and short-term and temporary in nature. The residual impacts associated with the Operational Phase are deemed to be of LOW significance and long-term or permanent in nature.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

19 Conclusions

19.1 Introduction

This section provides a tabulated overview of the key aspects of the baseline environmental conditions and the mitigated environmental impacts of the proposed mixed use development. Importantly this section identifies the relative magnitude and significance of the predicted impacts and an overall impact assessment of the proposed development is included in the final subsection. It is important to note that impacts can be positive as well as negative.

The criteria used in this assessment are as follows:

 Major Positive +++ or Major Negative effect – – – where the development would cause a significant improvement (or deterioration) to the existing environment;

 Moderate Positive ++ or Moderate Negative effect – – where the development would cause a noticeable improvement (or deterioration) to the existing environment;

 Minor Positive + or Minor Negative effect – where the development would cause a barely perceptible improvement (or deterioration) to the existing environment; and

 Insignificant or no discernible improvement or deterioration to the existing environment.

The impact assessment also implicitly includes consideration of whether or not the impacts are permanent, temporary, direct or indirect. Furthermore, where there are other potential sources of similar impacts that could affect the local environment then cumulative impacts have been considered also. Consequently, this concluding chapter of the ES provides an overview of the overall potential effect of the development proposals on the environment that would otherwise prevail if the proposals did not proceed.

19.2 Overview of the Development

The 0.77 ha site is currently made up of a number of properties with a variety of former (and some existing) uses including residential flats, retail outlets, a public house, offices, disused former Cold Store (ice manufacture), disused public house, disused picture house, unoccupied unit, disused lock up garage building and a pay and display car park (unsurfaced). Orwell Passage, a cobbled lane, extends onto the site from Allison Street. Overall the site is in a run down and in parts derelict state. Part of the site is presently being developed as part of the Phase 1 element of the overall Beorma scheme.

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The intention of the proposed development is to provide a high quality mixed use development which will involve the demolition of a number of existing buildings, a number of which are old, redundant and possibly unsafe, the retention and refurbishment of the majority of the grade II listed Cold Store and locally listed Nos. 135 - 136 and 137 Digbeth, along with the retention of the main Digbeth Street façade of the locally listed 138 - 139 Digbeth (BVSC building). In addition, three new buildings, including a 30 storey tower, will be developed, along with associated infrastructure, on the site. These three buildings will be designed in such a way as to re-assert the original medieval boundaries (burgages) of the site and create a publically-accessible, hard landscaped amenity space in the centre of the development.

The development will generate a substantial number of new jobs and bring about a significant physical, aesthetic and environmental improvement to a currently rundown underused brownfield site that has significant improvement potential. The proposed development will, however, involve substantial demolition of a number of buildings and infrastructure and major construction activities in order to realise the new proposals and this in turn has the potential to give rise to a range of negative environmental impacts. New developments such as this typically have short term negative impacts associated with the demolition construction phase but long term positive impacts associated with the fully developed site and the development involves a balance between both negative and positive impacts associated with these differing phases.

Table 19.1 at the rear of this section presents each of the aspects of the development where potential impacts were predicted during the Scoping Exercise and subsequently assessed during this EIA. The table provides an overview of the following aspects of each technical area assessed:

 baseline environmental conditions;

 predicted environmental impacts for both the construction phase and operational phase;

 identification of the relative magnitude of the impact for both the construction and operational phases; and

 identification of whether the predicted impact is positive or negative or whether there is no predicted impact.

It should be noted that in considering all of the impacts of the proposed development the predictions are based upon a comparison of the conditions that would prevail if the development does not proceed (i.e. the ongoing status of the baseline conditions) against those that will prevail if the development does proceed as described.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

19.3 Overall Conclusion

The development proposals have been assessed in relation to their potential to impact upon the environmental conditions that currently prevail on the site and in the surrounding area. Implicit in this assessment has been the need to understand the environmental sensitivity of the area around the proposal site.

The environmental impacts of the construction phase of the project are typically minor and negative and are largely a function of the inevitable disruption caused by a major redevelopment project and especially the initial demolition and earthworks phases which are unavoidably intrusive. The long lasting/permanent impacts associated with the development are, on the whole, either neutral (environmentally insignificant) or, more frequently positive. In terms of specifics in addition to the obvious developmental improvements and employment opportunities therein, the following concluding points are pertinent with regard to environmental impact:

 The proposed mixed use development is intended to improve the townscape character of the area, being an extension to the core of Birmingham city centre;

 The site is important in terms of archaeology within Birmingham, dating back to the medieval period. This development will enable the detailed examination and assessment of archaeological resource at the site;

 The development will retain, refurbish and incorporate the majority of listed buildings and facades into the proposed development scheme, some of which are in a poor state of repair and visually re-instate the medieval burgage plots which had been lost;

 The proposals will provide improvements with regard to pedestrian activity and connection to the Bullring and Birmingham City Centre, increasing the use of public transport and walking trips to the site;

 The development will involve substantial construction works that will generate noise. The potentially negative aspects of these works will be controlled and minimised via a construction management plan that will implicitly involve environmental protection measures;

 The construction works will generate waste materials but these will be removed from site and where possible, recycled;

 The completed development may have a slight negative environmental impact in terms of shading or reduction in received daylight intensity at a small number of adjacent

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properties at certain times. This is unavoidable given the density of development in the area and the need to optimise the land area developed with multi-storey buildings and find a balance between building orientation, massing and development practicalities. The level of shading is considered to fall only marginally below acceptable levels in the few properties affected;

 The new development will incorporate new habitats and improve the ecological value of the site through the creation of brown and green roofs, and the provision of nest boxes, specifically for protected species, and roosting facilities; and

 The new development will bring into use the site as a whole and will generate new employment in the relatively deprived area of Digbeth and form a key link in the wider regeneration objectives.

The overall environmental impact of the proposed development post-mitigation is considered to be beneficial. The majority of the potentially negative environmental impacts assessed during the EIA can be removed through the design and implementation of appropriate mitigation measures and those that remain associated with the long term operational life of the site and are low in impact. As such the main negative impacts are transient and generally short lived (during the construction phase) and the overall conclusion is that the development would constitute an environmentally beneficial scheme if implemented and would improve the environmental status of the site and its surroundings.

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Table 19.1: Environmental Impact Summary

Environmental Baseline Conditions and Development Impact Residual Conditions (After Impact Mitigation) Size and Nature of Impact Attribute Construction Operational Phase Phase

Socio-economic The proposed Development is in the Digbeth area of It is estimated that the construction phase of the project will + + + + + + Birmingham, just 100m from The Bull Ring. The provide limited temporary job opportunities for around 66 Major Major Conditions immediately adjacent area is very deprived and people associated with the site clearance and building particularly in terms of crime, employment, health, construction works. Positive Positive Impact Impact housing and income. Once developed the Beorma Quarter will provide a significant In the immediate area (Inner Impact Area) there is a contribution to the office market in Birmingham city centre. predominantly young population, with a high level of Additionally, the provision of the tall building in a central ethnic diversity and a large proportion of the business location is expected to have a positive economic residents having no or very few qualifications. The impact through then provision of increased employment economic activity in the immediate area is generally density. low. The low number of residential units proposed, there will be a The current site operations provide negligible small positive impact on local community facilities from employment (excluding Phase 1) compared to the residential dwellers, but the office workers population will size and potential of the site. provide a significant financial boost to the local economy in The site is effectively disused and moribund at terms of additional expenditure on local goods and services. present and makes no socio-economic contribution to the local area or region. The development will provide temporary and permanent jobs and bring about productive use of the site and create a net positive contribution to local socio-economic conditions.

Townscape and The proposed development site is located within a During the construction period the majority of existing buildings – + + Visual townscape area which is designated as a will be demolished and a number of new buildings will be

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conservation area with a distinctive historic and constructed. This work will involve the use of tower cranes and Minor Moderate industrial character which is sensitive to change. other related plant necessary for the construction process. The Negative Positive Views of the site are generally limited around site will be closed off during the works with hoarding to reduce Impact Impact Birmingham city due to the topography, surrounding the visual impact of the works. High level crane activity and buildings and road layout. The widest ranging views other construction operations will be visible from many of the of the site are from the south west, particularly from views. The construction phase will be temporary and short lived the Irish Quarter. When approaching from the north, and the impacts will be minimised by the use of robust and the site is hidden by the natural topographic ridge attractive hoardings and by control of construction vehicle running through the city centre and intervening city movements and the prevention of dust. centre buildings. The proposed development site is located within a townscape The site itself is in a run down, visually degraded area which is designated as a conservation area with a state and whilst there are some architecturally distinctive historic and industrial character that is sensitive to interesting buildings the overall visual impression change. However the impact of this high density mixed-use presented by the site is poor and visually development has to be considered within the context of the unattractive. This is at odds with the historical St drive for redevelopment of this area as an extension to the city Martin’s church and the iconic Selfridge’s building. centre core. Overall, the completed development will have a moderate beneficial impact on the townscape character of the area. Views of the development from long distance vantage points are often blocked by intervening buildings or have a noticeable but insignificant impact on the vista as the development merges into the existing urban skyline. The significance of visual impact in this regard is considered to be neutral.

Archaeology and The buildings that occupy the study area today range There is potential for disturbance of archaeological remains – + in date from the mid-19th century to the mid-20th during construction of the proposed development but this also Cultural Heritage Minor Minor century, though it is possible that some earlier fabric presents an opportunity for examination and assessment of the might survive in the party walls. Several buildings are archaeological resource on the site. Negative Positive Impact Impact of good architectural quality, one (No. 124-134 Once construction is complete there will be no further ground Digbeth) being statutorily listed, and three others disturbance; therefore it is considered that there will not be any along the Digbeth frontage being locally listed (No direct or indirect impacts upon remaining archaeological

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135-6, 137, and 138-9). The Digbeth buildings are a resources at the site or the surrounding area but they will be coherent part of the larger architectural grouping of sealed from further investigation opportunities. Digbeth and Deritend High Street, a largely later 19th In terms of historic buildings, the majority of listed buildings and and early 20th century collection of buildings that the facades of such buildings at the site are to be retained and line the northeast side of this ancient thoroughfare, incorporated into the proposed development scheme. The and which form one of the most significant groups of impact of the proposed development scheme on these historic historic buildings in Birmingham. structures during the construction and operational phases is The site has the potential for the survival of thus insignificant. archaeological remains relating to medieval period, and potentially prior to human settlement at the site, along with post-medieval remains. Previous site truncation during the 19th and 20th centuries would have destroyed to some degree such potential archaeological remains at the site.

Traffic and Transport The site is located close to Birmingham City Centre The proposal would provide improvements in terms of – – + within 100m of the Bull Ring and 300-700m from pedestrian activity and connectivity of the site to the Bull Ring Moderate Minor Moor Street and New Street railway stations and Birmingham City Centre by means of a new pedestrian route respectively. The site is served by bus and is also from Allison Street to Park Street; wider footways on Digbeth; Negative Positive accessible by walking and cycling. wider crossing areas at the Digbeth/Park Street pedestrian Impact Impact The site is located adjacent to the north of Digbeth crossings; and pedestrianisation of Orwell Passage including (A41) dual carriageway which runs between the A45 resurfacing. and Birmingham City Centre. The proposed development would result in a significant increase The permitted use of the site comprises of a wide in walking and public transport trips to the site. This level of mix of commercial uses and some residential. There increase is not considered to result in a material impact. is parking provision for up to 57 vehicles within two Proposed measures include widening the footway on Digbeth to car parks on the site, although there is little activity accommodate additional waiting bus passengers and widening there now (other than construction traffic associated the pedestrian crossings on Digbeth/Park Street to with Phase 1). accommodate additional pedestrians. It has been predicted that there will be no increase in traffic generated by the proposal. In fact the proposed development would result in a reduction in vehicle trips (two-way) as the

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amount of available parking on the site will reduce from what is available at present. The proposal would therefore have an insignificant impact on traffic once it is fully operational. The developed site will have the benefit of a travel plan and the applicant will make a financial contribution towards transport improvements in the vicinity of the site. The construction phase of the development will also have traffic impacts associated with it as there will be a need to bring construction materials on to the site during the construction phase. This will involve an increased volume of HGV traffic, especially associated with bulk soil removal but this more intensive period of traffic will be relatively short lived. It will nonetheless have an impact for a temporary period which will need to be mitigated by appropriate scheduling and traffic management. The impact will be moderately negative.

Air Quality Birmingham City Council has declared the whole Impacts of the construction phase on both nuisance dust and – O borough an Air Quality Management Area (AQMA) local air quality have been assessed with regards to the location Minor Insignificant due to high concentrations of nitrogen dioxide, the of locally sensitive receptors. Whilst the construction activities pollutant primarily associated with road vehicles. (especially earth moving) have the potential to cause local Negative Impact The development site is located to the east of the nuisance, this can be controlled and minimised by effective Impact city centre and therefore falls within the AQMA. environmental management on the site. The works will be The site is located adjacent to Birmingham city carried out in accordance with a Construction Environmental centre, on the A41, this being one of the main Management Plan (CEMP). The impacts during the construction arterial roads into Birmingham city centre. phase are thus predicted to be moderate to minor at all receptors if not adequately controlled but insignificant with the There are widespread exceedences of the nitrogen implementation of a CEMP and the associated. dioxide objective within the centre of Birmingham close to the site, at both roadside and background Impacts during the operational phase are predicted to be locations. insignificant. Traffic volumes will not increase as a result of the development and hence will have an insignificant impact on local air quality. The air emissions will not bring result on the designation of a new Air Quality management Area (AQMA) or

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the extension of an existing AQMA. However the proposals would introduce new exposure into an area of poor air quality, in the form of residential units. Residential units in Building B are predicted to experience annual mean nitrogen dioxide concentrations below the annual mean objective, and therefore the impact is considered to be insignificant. The energy plant will have emissions that meet regulatory standards (and is gas fired with a significant heat contribution coming from the Ground Source Heat Pump which has no emissions) and there are no other activities on the site which have significant air emissions associated with them.

Noise and Vibration The identified main source of noise at the site is from Noise levels from the construction of the development have – – road traffic flow, mainly from Park Street, Digbeth been predicted at noise-sensitive receptors in the vicinity of the Minor Minor High Street and Allison Street. The noise site and impact of the noise assessed. Impacts are predicted to characteristics are a reflection of the site setting be of significance, however with the implementation of Negative Negative being located on one of the main arterial routes into mitigation measures and a Construction Environmental Impact Impact the City centre. Management Plan, noise and vibration impacts, which will be for The site in not considered to be in a particularly short durations only and will not be continuous. They will be noise sensitive setting, however it is recognised that noticeable however and are considered to represent a moderate there are residential properties, in close proximity to negative impact. the site (approximately 10 metres from the northern The noise impacts from road traffic during the construction boundary) which could be impacted by noise. phase are not considered to be significant, with the estimated levels of noise from construction haulage at the nearest noise receptor being well below the respective noise criteria. The impacts from road traffic during the operational phase are considered to be insignificant given that there is very little difference between the car parking provision for the existing development and that for the proposed development. The road traffic noise that prevails at present will continue to be the road traffic noise that dominates in the future.

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Once operational, the predicted noise emissions generated within the proposed development from mechanical services, plant and restaurants should not be audible at one metre from any identified noise sensitive receptor facades. Adequate specification, where necessary, for silencers, noise barrier, louvres and acoustic attenuation will be specified to comply with the adopted external noise limit criteria. The noise impact following mitigation is predicted to be insignificant.

Ecology and Nature The development site does not support a wide The proposed development will result in direct habitat loss of O + variety of ecological species and is not so important buildings and hard standing, as well as ephemeral herbs and Conservation Insignificant Minor from a nature conservation perspective. Given that scrub restricted to neglected areas at the base of walls or along the majority of the site is occupied by buildings and individual property boundaries. As these habitat types are of Impact Positive hard standing there is little space for natural habitat negligible integral biodiversity value, their loss is predicted not Impact to occur; where such habitats do occur these are to be significant. The provision of green and brown roofs, green restricted to neglected areas at the base of walls or walls and landscape planting will result in a minor positive local along individual property boundaries. impact, as significant habitat suitable for notable species will be It was assessed that the site has little potential to created in the context of the local environment. support bats. The buildings on-site present a number Disturbance to breeding birds during construction will, where of potential roosting opportunities for bats, however possible, be avoided by undertaking the works outside the bird the lack of foraging habitat locally and the high night breeding season. Where this period cannot be avoided, all time light and noise levels reduce the potential for suitable sites would be made ‘unsuitable’ before the breeding them to be present. season commences, and any retained habitats would be surveyed prior to demolition/disturbance. If breeding birds were found their nests would be retained in situ and disturbance avoided until the young had fledged. Additionally, a survey to confirm the presence/likely absence of breeding black redstarts would be undertaken at the appropriate time of year before works commenced. The potential impact on breeding birds during the construction phase is predicted to be minor.

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Water Quality and The nearest surface watercourse to the development The site is not located within an area that may be affected by O + area is the River Rea. The River Rea flows flooding, being located within Flood Risk Zone 1 i.e. where the Hydrology Insignificant Minor approximately 364m to the east of the site, at its risk of flooding from rivers or the sea is classified as low, as such closest point. The water quality of the river is the site is not at risk of flooding. Impact Positive Impact classified by the EA under the General Quality The majority of the site will be covered in hardstanding which Assessment scheme as Grade D, i.e. of poor water will reduce infiltration rates on site, which will reduce the quality, during the last monitoring round in 2000. potential for percolating rainwater potentially containing There is no direct link between the site and the river contaminants (if they are present but this appears not to be the via drainage conduits but groundwater beneath the case). site could be in continuity with the river. The on-site disused borehole will be decommissioned in The Environment Agency’s floodplain map for accordance with Environment Agency guidance document Digbeth indicates that the site is not located within ‘Decommissioning Redundant Boreholes and Wells’ prior to an area that may be affected by flooding; being demolition and construction activities. A method statement for located within Flood Risk Zone 1 i.e. where the risk the decommissioning of the borehole will be agreed beforehand of flooding from rivers or the sea is classified as low with the Environment Agency. (assessed as having a less than 1 in 1000 annual probability of river or sea flooding in any year All construction activities will be carried out in accordance with (<0.1%).. the EA’s pollution prevention guidelines, notably PPG 6 ‘Working at Construction and Demolition Sites’. This will reduce the risk of According the Groundwater Vulnerability Map of surface water or groundwater contamination during South Staffordshire and East Shropshire (Sheet 22), construction. As such impacts on water quality will be the site is located on a major aquifer. The ground insignificant. investigation indicated that a normal fault traverses through the site, with Mercia Mudstone SUDs techniques will be used at the site to manage surface encountered beneath the south eastern third of the water runoff. It is proposed that surface water runoff from all site and Bromsgrove Sandstone outcropping beneath areas of the site, with the exception of trafficked areas, will be the larger north western part of the site. The fault discharged, via a silt trap, to the major aquifer via a dedicated passes through the site somewhere beneath the on-site borehole. The small volume of surface water runoff from Cold Store and could either be the Birmingham Fault, trafficked areas will be discharged to the municipal storm water or possibly a separate fault associated with and drainage system. Prior to discharge into this municipal sewer the running parallel to the Birmingham Fault. The fault is runoff will be passed via an oil water interceptor. not considered to be geologically active and no A feasibility assessment for the proposed surface water significant movement is anticipated. discharge borehole will be undertaken.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

The assessment will be presented to and discussed with the Environment Agency. Recharge of the aquifer with clean water would generally be regarded as a positive attribute. There are no activities within the proposed development that have to potential to significantly contaminate soil and groundwater. The overall impact of the development on surface and groundwater will be insignificant and the recharge of the aquifer and avoidance of large scale run-off into the local municipal system would be regarded as a minor positive impact.

Soils Geology and A comprehensive site investigation undertaken for The nature and level of contaminants identified at the site are – + this planning application has shown that there is not considered to pose a significant risk to current and future Contamination Minor Minor localised relatively minor contamination present at occupants. In effect the proposed development will lessen the the site including asbestos (limited to an asbestos risk of exposure of site users to these marginally contaminated Negative Positive pit), metals (arsenic and lead), PAHs, hydrocarbons, soils once developed as there will effectively be an impermeable Impact trace VOCs, trace SVOCs and sulphate, in the ground physical barrier (hardstanding and managed landscaping) and to a lesser extent in the groundwater. The soil between the contaminants and site users. Furthermore, the contamination identified is localised in nature and isolated occurrences of low levels of contamination are mainly does not present a significant pollution source that attributable to the Made Ground (shallow disturbed horizon) the would require remediation. majority of which will be removed from site during the Slightly elevated carbon dioxide concentrations have construction phase to enable the basements to be constructed. been detected at the site but within the range that As the planned redevelopment activities will involve excavation could be expected naturally. and earthworks during the construction phase and may bring construction workers and archaeological contractors into direct contact with the site soils and groundwater, appropriate personal protective equipment (gloves, goggles, etc) will be used and site hygiene practices adopted (no eating, drinking or smoking in excavation areas). As such the risk of exposure and harm is low. There will be no potential for off-site impacts as a result of these works but there is the potential for on-site minor negative impact if contaminants are uncovered.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Based on the site investigation findings specific remedial measures will not be required on the site and the development overall will have a minor positive impact by removing the few contaminants that are present to an appropriately authorised facility. Following redevelopment, the site will be under predominantly hardstanding and the residual contaminants contained within the site (if any) will be sealed in.

Wind and The meteorological data for the site indicates that During the construction phase, after part of the site is cleared, O O the prevailing winds blow from the south westerly there would be potential for wind to blow into the open Microclimate Insignificant Insignificant quadrant throughout the year. construction site, although site hoardings would provide partial Impact Impact The buildings at site currently are low-rise and are shelter around the edges of the site. As construction works partially sheltered by the surrounding buildings. progress, the wind microclimate at the site will gradually adjust to conditions measured for the complete development. For the existing site, wind conditions at all the measured locations are safe and unlikely to generate The proposed buildings are relatively tall with respect to the nuisance. With regards to pedestrian comfort, wind immediate neighbours (especially the tower which is directly conditions within the Site are suitable for exposed to the prevailing south-westerly winds). There could be standing/entrance or better. Wind conditions in the localised wind eddy effects on strong wind days and localised immediate surrounds of the site are suitable for mitigation may be required at a number of entrances during the leisure walking or better during the windiest season winter season. Recessing or screening entrances on these areas (winter). of the site would generate a sheltered buffer zone directly in front of these, allowing pedestrians entering/leaving the building to acclimatise to the windier external environment. All thoroughfares within the development are suitable for leisure walking or standing/entrance during the windiest season, which represents insignificant to minor beneficial impacts in that more shelter will be provided by the proposed development than exists at present.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Daylight, Sunlight, Currently there is a limited amount of nightlight There are no nightlight implications for the construction phase O – generated at the site. The light intensity given off as significant nighttime floodlit working is not anticipated so Overshadowing and Insignificant Minor Night Light from the site and immediate surroundings is other than security lighting to as similar level as occurs at relatively subdued compared to the general present there will be no night time light sources. Impact Negative dominance of light scatter from Birmingham city Due to the nature and scale of the proposed development, there centre, which is a dominant light feature at night. will be an increase in night light generated at the site which The buildings are generally low rise and there is no could be noticed by occupants of neighbouring buildings and significant over shadowing evident at the site nor residential properties within the proposed scheme itself and the limitations on daylight accessing the neighbouring surrounding area, but the lighting scheme will aim to avoid properties. unnecessary lighting, primarily through intelligent specification and the location of lighting equipment. The intensities of all light sources will be kept as low as is practical whilst still meeting the technical, aesthetic and safety requirements of the design. A sensible strategy for control will ensure that lighting is turned down to a minimal safe and secure state at a suitable "curfew" time, with feature-lighting elements and building façade lighting being switched-off at an agreed time, depending on the functions of the building’s tenants. The proposed redevelopment of the site together with the new lighting installation will help enhance and improve the quality of the site, whilst providing a safe environment, in-line with current guidance and codes of practice. The overshadowing and daylight assessment has utilised methodologies recommended by the Building Research Establishment and identified that the majority of the residential properties adjacent to the site will be unaffected by the development but a small minority will suffer a minor adverse impact in terms of reduced daylight levels, but not to an extent uncharacteristic of a built up city centre environment.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

Telecommunication Terrestrial television was the traditional method of The assessment has determined that there will be no effect on O O television broadcast signal delivery prior to the neighbouring properties from the completed development Interference Insignificant Insignificant advent of cable and satellite television. Terrestrial during either its operation or construction phases. television was transmitted in both analogue and Impact Impact digital formats, but since 2012, analogue services have been withdrawn. Analogue services are planned to be withdrawn throughout the UK by 2012 and in the central region by 2010-11. Viewers in the area surrounding the proposed development are receiving their terrestrial television signals from the Sutton Coldfield Transmitter located to the north. The low rise nature of the site at present will have little effect on the signal quality on neighbouring sites.

Waste Management Current wastes generally comprise small quantities During the construction phase there will be significant quantities – + + of non-hazardous wastes such as cardboard, plastics of soils, some of which may potentially be contaminated. Where Minor Moderate and paper. Waste management is ad-hoc and possible this excavated material will be reused, on or off site, tenants are generally responsible for managing their however some may require off-site disposal. Waste Negative Positive own wastes. construction materials will be re-used or recycled where Impact Impact The level of recycling and recovery is not known, possible. however it is possible that Some tenants may Once operational the residential tenants will have their waste segregate wastes for recycling. collected as part of the Council’s municipal waste collection There are no site-wide recycling, segregation or services. A dedicated area with appropriately sized waste recovery initiatives and no overall waste receptacles will be provided for the disposal of tenant’s general management philosophy. wastes and will facilitate segregation and recycling to match the Council’s approach in this regard. Commercial tenants will have their own bespoke contracted arrangements but will have dedicated waste storage areas and will have to comply with the site’s waste charter.

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SECTION 19: CONCLUSIONS Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham

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