Agenda Item No: 6

Wolverhampton City Council OPEN DECISION ITEM

Committee / Panel PLANNING COMMITTEE Date: 20th May 2008

Originating Service Group(s) REGENERATION AND ENVIRONMENT

Contact Officer(s) Stephen Alexander (Head of Development Control)

Telephone Number(s) (01902) 555610

Title/Subject Matter PLANNING APPLICATIONS

Recommendation

That Members determine the submitted applications according to the recommendation made in respect of each one. PLANNING COMMITTEE (20th May 2008)

REFERENCE SITE ADDRESS WARD PAGE NO

08/00174/FUL 213 Staveley Road St Peter's Page 5 WV1 4RS

Application Type Minor Retail

07/01733/FUL True Briton Wednesfield North Page 11 Snape Road Wolverhampton West Midlands WV11 2NP

Application Type Minor Retail

08/00093/FUL 20 Riley Crescent Graiseley Page 15 Wolverhampton West Midlands WV3 7DS

Application Type Minor Dwellings

08/00420/RN Former Royal Mail Sorting Office Page 20 Corner Of Corn Hill And Horseley Fields Wolverhampton West Midlands

Application Type Smallscale Major Dwelling

07/01783/OUT Battery Rolled Metals Factory Ettingshall Page 30 Cable Street Wolverhampton West Midlands WV2 2HX

Application Type Smallscale Major Dwelling

07/01800/OUT Land At Steelhouse Lane/ Ettingshall Page 41 Cable Street Wolverhampton West Midlands

Application Type Smallscale Major Dwelling

2 REFERENCE SITE ADDRESS WARD PAGE NO

08/00223/FUL Pumping Station Blakenhall Page 52 Goldthorn Hill Wolverhampton West Midlands WV2 3JA

Application Type Smallscale Major Dwelling

08/00399/FUL 182-183 Stafford Street St Peter's Page 61 Wolverhampton West Midlands WV1 1NA

Application Type Smallscale Major Dwelling

07/01760/OUT Land At Gordon Street Ettingshall Page 67 Wolverhampton West Midlands

Application Type Smallscale Major Dwelling

08/00360/FUL Land And Buildings To The East Heath Town Page 73 Side Cambridge Street Wolverhampton West Midlands

Application Type Smallscale Major Dwelling

08/00290/FUL Wood Hayes Inn Fallings Park Page 81 Wood End Road Wolverhampton West Midlands WV11 1YD

Application Type Smallscale Major All Other Development

07/01757/FUL Premier Works Heath Town Page 89 Tremont Street Wolverhampton West Midlands WV10 0ED

Application Type Smallscale Major General Industry

3 REFERENCE SITE ADDRESS WARD PAGE NO

07/01720/FUL Bilston Town Bowling Club Bilston North Page 96 Villiers Avenue Wolverhampton West Midlands WV14 6AU

Application Type Minor Dwellings

08/00293/DWF Fieldside Walk Bilston North Page 103 Wolverhampton West Midlands

Application Type Minor All Other Development

08/00347/FUL 38 Birches Barn Road Graiseley Page 107 Wolverhampton West Midlands WV3 7BN

Application Type Householder

4

PLANNING COMMITTEE - 20-May-08 APP NO: 08/00174/FUL WARD: St Peter's DATE: 06-Feb-08 TARGET DATE: 02-Apr-08 RECEIVED: 06.02.2008 APP TYPE: Full Application

SITE: 213 Staveley Road, Wolverhampton, West Midlands, WV1 4RS PROPOSAL: Retrospective change of use from retail shop to a Restaurant/Café (A3 Use Class). Proposed single storey rear extension, extended roof canopy and erection of two external flues one of which is retrospective and is to be concealed by a proposed brickwork screen. Removal of external roller shutter / shutter box and tiled shop front. Rendering of main elevation.

APPLICANT: AGENT: Mr SMS Shekki Mr M. Gay C/o 213 Staveley Road 55 Belencroft Gardens Wolverhampton Merry Hill West Midlands Wolverhampton WV1 4RS WV3 8DU

COMMITTEE REPORT:

1. Application Site and Background

1.1 The application site is a terrace premises with A1 Retail Use Class rights, with first floor accommodation above. The shop previously sold mobile phone equipment but has been operating as an unauthorised restaurant / café, since summer 2007. The premises is, situated approximately 1km north of the City Centre, positioned adjacent to a corner junction between Staveley Road and Leicester Street.

1.2 Although, not designated as a local centre in the UDP, it appears that this shopping parade functions similarly to one, with a variety of retail units, medical centre, catering, religious facilities and other community meeting places.

1.3 The parade of shops, at the time of the site visit consisted of:

200 – Empty (previous use as a bookmaker) 201-204 – Previously individual shops due to reopen as a single clothing store 205 – Minimarket 206 – Empty. Permission approved in October 2007 for a change of use to Hot Food Takeaway A5, external rear flue and single storey rear extension (07/00341) 207 – Electronic Store 208-209 – Minimarket 210-211 – Hot Food Takeaway 212 – Chemist (Pharmacy) 213 – (Application Site)

1.4 Apart from this cluster of retail and other uses, the area is predominantly residential. Most of the properties in the vicinity are terraced, with no set back from the rear of the footpath.

5 2. Application Details

2.1 This application seeks permission to change the use of the premises from an A1 retail use to a café / restaurant (Asian Food). The applicant has advised that the shop had been empty for six months prior to the start of the unauthorised use in summer 2007.

2.2 In order to facilitate this change of use, it is proposed to erect a single storey rear extension and extend the roof canopy. The application also seeks permission for two extractor flues, one of which has already been erected and it is proposed to conceal that flue by way of a brickwork screen. The existing external roller shutter / shutter box and tiled shop front would be removed and the main elevation would be rendered to match the appearance of the other shops in the row.

2.3 The applicant proposes to operate the café and restaurant from 08.00 hours to 23.00 hours Monday to Saturday and 08.00 hours to 22.00 hours on Sundays. The proposed café/restaurant would employ three to four people. The applicant advises that the residential premises above the subject premises, is currently occupied. Highway improvements have recently been carried out in the vicinity and there are 16 car parking bays provided.

3. Planning History

3.1 An application (Reference Number 07/01075/FUL) for change of use to A3 Restaurant/Cafe, single storey rear extension and erection of external flue was refused permission on 10 October 2007. The principal reasons for refusing that application were that the submitted plans were inaccurate. The application included insufficient details of the operation of proposed use and there was inadequate justification for locating a non-retail use in an out of centre location.

3.2 07/00168/FUL – Change of use to A5 (Hot Food Takeaway) and external alterations to shop front. Refused – 17.04.2007.

3.3 07/00160/FUL – Erection of external stair case to form a first floor flat. Granted – 17.04.2007.

4. Constraints

4.1 None

5. Relevant policies

5.1 D1 Design Quality D6 Townscape and Landscape D9 Appearance D11 Access for People with Disabilities SH9 Local Shops and Centre Uses SH14 Catering Outlets EP1 Pollution Control EP3 Air Pollution EP5 Noise Pollution AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security SPG No.5 – Shopfront Design Guide

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6. Publicity and Neighbour notifications

6.1 The application was advertised by press notice, site notice and letters to neighbouring occupiers. At the time of writing this report a petition of support containing 141 signatures had been received. Two letters of objection were submitted by the Partners of the adjacent Leicester Street Medical Practice. The following comments were raised:

• The application plans and details do not accurately reflect the true size of the single storey rear extension. • The rear staircase and external flue have already been installed. • The parade of shops is not a defined centre and there is already ample provision of restaurant/café to meet local demand. • The external flue produces unpleasant smells and odours which would be detrimental to the amenities that staff and patients of the practice should expect to enjoy. • The supporting statement regarding parking and access is inaccurate. There is a mini-roundabout which is often obstructed by large vehicles that are carrying out deliveries to the shops in the parade or when refuse is collected. The roads in the vicinity are very narrow and whenever vehicles provide obstructions this is to the detriment of the free flow of traffic and highway and pedestrian safety.

7. Internal consultees

7.1 Environmental Services – Full details of ventilation and odour control system required. Odour neutralising system required for external flues. Refuse storage unacceptable design. Restrict hours of deliveries and collections to not be made before 7am.

7.2 Transportation Development – No reply or response at time of writing report.

7.3 Planning Policy – No objections in principle subject to the proposal complying with UDP Policy SH9.

7.4 Access Officer - : A number of comments are made relating to Part M of the Building Regulations.

8. External consultees

8.1 None

9. Appraisal

9.1 The application site lies within a parade of shops not defined as being within a district or local centre, therefore UDP Policy SH9 applies. That policy says that the Council will seek to ensure the provision and retention of local shops. Proposals for new local shops and centre uses by new build or change of use, which are located outside the defined boundaries of local centres, will only be permitted where it can be shown that the following criteria have been met:

1. There is a demonstrated local need; 2. The proposed development is commensurate in scale with the local need that has been identified; 3. The proposal will help to reduce the need to travel; 4. There would be no detriment to any defined district or local centres;

7 5. There will be no adverse impact on highway safety, the free flow of traffic and residential amenity; and 6. The site of the proposal is adjacent to an existing cluster of shops, unless it is shown that no site in such a location is available.

9.2 The provision and retention of essential local shops and services within easy walking distance of people’s homes and workplaces is an important part of the Council’s centres strategy. While wishing to ensure an adequate provision of local shops, UDP Policy SH9 says that, if not well located, these shops and services can be a major nuisance to nearby occupiers. It is therefore essential to set down requirements against which proposals will be assessed. These requirements are most favourably met where new shops are provided adjoining existing shop clusters or parades.

Demonstrated local need and protection of viability and vitality of defined district and local centres 9.3 In order to justify the proposed change of use of this shop, the applicant has advised that there is no longer a demand for an A1 Retail Use at this location. The premises have been marketed for A1 uses but no positive response was received. The applicant confirms that a search has been made to locate the proposed use within a defined centre and that this search found that there are no suitable, affordable premises available within an adjacent local centre. In addition to marketing the premises and undertaking a search of adjacent local centres, the applicant has submitted a petition of support containing 141 signatures. Taking account of this information, it is considered that the applicant has demonstrated that there is a demand for a restaurant/café at this location. From the submitted information it would appear that the scale of the proposed restaurant/cafe would be commensurate with the level of demand shown by the local need identified. Although not located within a defined district or local centre, the proposed A3 use, would be operated from a unit within an existing cluster of shops and services. It is considered that this location would comply with UDP Policy SH9 and not prejudice the vitality and viability of any defined district or local centre.

Access and parking 9.4 It is intended that the majority of custom to the proposed restaurant/café would be from people who live in close proximity to the premises. For this reason it is not considered that the proposal would result in an unacceptable increase in car use.

9.5 The site will offer no off-street parking but there is on-street parking along the frontage of the shopping parade and on the opposite side of Staveley Road. It is noted that during day-time hours, this parking provision is heavily used by customers of the shops and services and also by local residents and their visitors. The majority of customers of the proposed restaurant / café would visit outside of daytime hours and therefore it is considered that there is sufficient parking provided to meet expected demand.

9.6 It is critical to note that this proposal is not for hot food takeaway and therefore it is unlikely that customers would inappropriately park at the adjacent mini-roundabout or abuse the Traffic Regulation Order (double yellow lines) on Staveley Road and Leicester Street.

9.7 Deliveries and refuse collections should be arranged at times as not to cause disturbance to occupiers of nearby residential properties. Deliveries and collections should not be made earlier than 7am. This could be required by a condition.

Residential Amenity 9.8 The application seeks retrospective approval for a temporary flue, the majority of which is to be screened from general view by a brickwork screen. A permanent flue is also to be installed to the rear elevation. The one of the two flues that has been erected has given rise to complaints about unacceptable loss of amenity caused by smells and

8 odour from the extract ventilation flues by neighbours. In order to ensure against unacceptable loss of amenity, the applicant should be required to install an odour neutralising system to the proposed flues. The specification of this system should be agreed by the local planning authority within one month of the grant of planning permission. Full details of ventilation and odour control system could be required by a condition.

9.9 The hours of use proposed would be similar to other catering establishments in the locality and therefore are acceptable. A condition should however restrict the hours of opening to those proposed by the applicant.

Design and Layout 9.10 In recent years the main elevation of the application building has been subject to aesthetically inappropriate alterations and it unfortunately presents a poor appearance in the street scene. The applicant intends to make improvements to the shop front and main elevation in order to redress this situation. The existing unsightly solid roller shutter and shutter boxes and tiled shop front would be removed and the brick work exposed. The entire main elevation is then to be rendered in a colour finish to match the remaining premises in this row. The external flue is to be screened by a brickwork screen. This would ensure that it would not be visible from general view. These works are to be welcomed and would result in a significant improvement to the visual appearance of the application premises and the row of shops as taken as a whole.

Refuse Collection 9.11 The proposed refuse storage is of an unacceptable design and would not be sufficiently proofed against pests. An amended design of the refuse storage, incorporating solid walls and a solid concrete floor should be required by a condition.

10. Conclusion

10.1 The change of use of this previously empty unit, to a restaurant/café and the alterations to the front elevation of the building are to be welcomed. It is considered that permission can be granted subject to the use of conditions.

11. Recommendation

10.1 Grant subject to the following conditions:

• Hours of opening • Hours of delivery / collections • Submission of full details of odour and ventilation equipment • Odour neutralisers to external flues • Noise insulation • Refuse storage • Restrict hours of delivery and collections • Removal of external shutter / shutter box, tiled shop front within two months • Erection of brickwork screen within two months • Rendering of main elevation within two months

Case Officer : Phillip Walker Telephone No : 555632 Head of Development Control – Stephen Alexander

9

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00174/FUL Location 213 Staveley Road, Wolverhampton,West Midlands,WV1 4RS Plan Scale (approx) 1:1250 National Grid Reference SJ 390990 299672 Plan Printed 12.05.2008 Application Site Area 146m2

10 PLANNING COMMITTEE - 20-May-08

APP NO: 07/01733/FUL WARD: Wednesfield North DATE: 11-Dec-07 TARGET DATE: 05-Feb-08 RECEIVED: 11.12.2007 APP TYPE: Full Application

SITE: True Briton, Snape Road, Wolverhampton, West Midlands PROPOSAL: Erection of a timber pergola to side of building for all year around use as a smoking shelter.

APPLICANT: AGENT: Marstons PLC Link Design Consultants Ltd The Brewery 32 Bradford Street Shobnall Road Birmingham Burton-upon-trent B5 6HX DE14 2BW

COMMITTEE REPORT:

1. Site Description

1.1 The site consists of the True Briton Public House and car park. It appears that the building dates from the 1970s. The building is predominantly two storey with a single storey lounge providing more space in the business area and the second floor providing residential space for the landlord. To the rear of the site there is an area of open space.

1.2 The immediate surroundings are predominantly residential. To the front of the side car park there is a row of garages. To the west there are properties facing Snape Road. To the east there is a row of four properties whose upper floors overlook the car park and the eastern elevation of the public house.

2. Planning History

2.1 08/00029/RP. Erection of smoking shelter for use all year around – Application duplicate & invalid .

3. Application Details

3.1 The application was deferred at the Planning Committee meeting on 15th April 2008 for a site visit. A neighbouring resident (from No. 21 Snape Road) addressed the committee.

3.2. The application is retrospective for a timber pergola to the eastern elevation of the Public House to provide an outside covered smoking area due to the smoke free workplace legislation introduced in the Health Act 2006. This will replace an existing unauthorised structure in use as a smoking shelter in the same location. The pergola is consructed in stained timber, on top of an existing low brick wall. which encloses an existing patio area adjacent to the single storey lounge of the pub. The floor area is 27 sqm. It is has a polycarbonate roof.

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4. Constraints

4.1 No constraints

5. Relevant policies

Unitary Development Plan Policies

D1 Design Quality D4 Urban Grain D9 Appearance D7 Scale - Height D8 Scale - Massing EP5 Noise Pollution

6. Publicity and neighbour notifications.

6.1 A site notice was posted on 11 January 2008 as the application was considered to be of neighbour interest.

6.2 The neighbour at 20 Snape Road drew attention to the fact that there has already been a smoking shelter erected on the side since the inception of the smoking ban. The neighbour also stated that there have been some noise issues in the past but is not objecting to the shelter.

6.3 The neighbour at 21 Snape Road objects to the construction of the pergola as he has experienced an increase in noise from people using the outdoor patio area of the public house to smoke. The neighbour also believes that the pergola will provide an open view into the bedroom and lounge area of his first floor flat and believes that this will have a detrimental impact on the value of his property.

7. Internal consultees

7.1 Environmental Protection, Licensing or Property Service; no objection to the proposal, it will assist in the control of smokers at the premises Since the introduction of the smoking ban, one complaint received relating to smokers outside the premises causing disturbance. However, the shelter as built does not comply with the requirement that such shelters should have 50% space open to its sides. The applicant has been requested to amend the scheme accordingly and amended plans are awaited.

7.2 Transportation have no objection to the proposal providing that the proposals do not impinge or remove any of the existing parking arrangements.

8. External consultees

8.1 None

9. Appraisal

9.1 The application is for a pergola to the side elevation of the True Briton Public House

12 9.2 The key issues are - Design - Neighbour concerns

Design 9.3 The design policies of the Wolverhampton UDP state that any development should contribute to the character and appearance of the area through consideration of height and scale of proposals in addition to the materials and detailing which are proposed to be used in any scheme. The architectural style of the True Briton is a plain redbrick two storey building with minimal boundary treatments and a large car park to the side and rear. The addition of a covered smoking shelter constructed of wood, brick and with a polycarbonate roof is considered to be sufficiently in keeping with the design of the building and will add detailing to the side elevation of the building. Although the proposal is of a simple design and style it is considered to be discreet enough to be integrated into the existing building. Following comments from Environmental Health that the as-built scheme does not comply with the requirement for smoking shelters to have at least 50% open sides, an amendment has been requested and is awaited at the time of writing.

Neighbour Concerns. 9.3 The proposals will face towards the properties numbering 15,21 and 23 Snape Road. A neighbour letter has been received from the resident of number 21 who has concerns regarding overlooking and increases in the amount of noise that the proposal would bring. The area which is proposed to be enclosed is currently used as a outside patio area and therefore is used by the customers of the Public House generally prior to this application. The proposed pergola is 3.5 metres high and apart from the 2 metre wide x 3 metre high entrance to the pergola there is only proposed to be a 1 metre space above the 2 metre high close boarded bowed screen fence and dwarf wall. As number 21 is approx 34 metres away from this proposal it is considered that overlooking is not an issue and any noise pollution issues are the concern of Environmental Health who have not raised any objections to the proposal.

10. Conclusion

10.1 The application is considered to be in keeping with the design policies of the UDP and is not considered to contravene Policy EP5 Noise Pollution.

11. Recommendation

11.1 Delegated authority to Grant, subject to receipt of satisfactory amended plans addressing the outstanding issue set out at 9.3 above and subject to standard conditions to include:-

1. Works to ensure compliance with the 50% open-sides to be implemented within one month.

2. Receptacles for the purposes of containing litter to be provided.

Case Officer : Alan Murphy Telephone No : 555623 Head of Development Control – Stephen Alexander

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DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/01733/FUL Location True Briton, Snape Road,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 396291 302484 Plan Printed 12.05.2008 Application Site Area 2421m2

14 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00093/FUL WARD: Graiseley DATE: 13-Feb-08 TARGET DATE: 09-Apr-08 RECEIVED: 18.01.2008 APP TYPE: Full Application

SITE: 20 Riley Crescent, Wolverhampton, West Midlands, WV3 7DS PROPOSAL: Erection of 2No. detached dwellings with detached garages.

APPLICANT: AGENT: Mr B Singh Neil Boddison Architects Ltd Property Centre The Studio 82 Upper Villiers Street 19 Bird Street Wolverhampton Lichfield WV2 4NX Staffordshire WS13 6PW

COMMITTEE REPORT:

1. Site Description

1.1 The site consists of a large detached early Victorian house set in an unusually large plot of approximately 0.348hectares ( 0.85 acre). Also within the site is a brick and tile out-building originally possibly a coach house, There is also a large timber garage building of modern construction, now in a poor state of repair. The site is situated within a wholly residential area and within the Penn fields Conservation area. Its rear boundaries are of mature hedges with trees and there are several trees within the gardens. It is accessed off a sharp bend in Riley Crescent. The existing house is set well back into the site and well screened by trees and a high front boundary wall.

2. Application details

2.1 This application was deferred at the last Committee to enable a site visit to take place. The Agent has also asked to speak to Committee on behalf of the applicant.

2.2 The application seeks full planning consent for two large detached dwellings one with a detached double garage, the other with an integral double garage and a third detached double garage for use of the existing house. One would be of five bedrooms and the other of four bedrooms. One is set on the site and to replace the existing detached timber garage building. The other would be set next to the existing dwelling no 20 and lead to the removal of the brick and tile former coach house building.

2.3 The two houses are of differing designs. The one has been designed to replicate the existing house. The other is of a more conventional design but with a pair of garage doors designed to look like barn or coach-house doors. Each has a detached double garage.

3. Planning History

94/0396/OP for Proposed alterations and extensions to existing dwelling to form nursing home; Refused,dated 18.07.1994. 94/1161/FP for Change of use to nursing home; Refused,dated 03.01.1995.

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4. Constraints

4.1 The site is within the Penn Fields Conservation Area and covered by an the Penn Fields Conservation Area - Article 4(2) Direction

5. Relevant policies

D4- Urban Grain D6- Townscape D9- Appearance HE 1- Preservation of Local Character and Distinctiveness. HE3- Preservation And Enhancement of Conservation Areas. HE5- Control Of Development In A Conservation Area

The Penn fields Conservation Area Appraisal.

6. Publicity

6.1 The application was advertised in the Express & Star newspaper and by a site notice, as it was considered to be Affects the Character and Appearance of a Conservation Area.

6.2 Letters were sent to adjoining properties.

7. Neighbour notification and representations

7.1 Twenty letters have been received objecting to the scheme for the following reasons; • Adverse effects on the conservation Area • Additional traffic • Road safety • Loss of privacy • Loss of trees • Loss of security

8. Internal consultees

8.1 Environmental Services were consulted on the 14 February 2008,and their comments dated can be summarised as follows, Recommends hours of operation restriction during construction phase..

8.2 Transportation Development were consulted on the 14 February 2008,and their comments dated can be summarised as follows, Recommends lowering the garden boundary walls to improve visibility and increase the access width and provide a location for access to refuse bins..

8.3 Trees were consulted on the 14 February 2008,and their comments dated can be summarised as follows, The three trees to be removed are of little amenity value. But the scheme could lead to conflict with a two 15m high conifers and a 20m high spruce, all worth retaining..

8.4 Planning Policy Section were consulted on the 14 February 2008,and their comments dated can be summarised as follows, Possible conflict with policy H6 and the Design Policies of the UDP ..

16 8.5 Conservation were consulted on the 14 February 2008,and their comments dated can be summarised as follows, 20 Riley Crescent identified in recent Conservation Appraisal as a 'building of townscape merit'. The appraisal also found that 'the conservation area is notable for....large rear gardens belonging to 19th century properties especially in Riley Crescent……. No 20 has an unusually large garden that adds to the spacious nature of the centre of the conservation Area'. No objection to one replacement building for the removal of the dilapidated out-building on the site, but it would need to be of an appropriate design to enhance the conservation area and the setting of No 20. What is proposed is of a standard design and so doe's neither. A second new plot however would be damaging to the setting of No. 20 and the character of the Conservation Area. Recommend refuse.

9. Appraisal

9.1 20 Riley Crescent and its large curtilage are important features of the Penn Fields Conservation area and are specifically identified as such in the council's recently completed Conservation Area Appraisal. The large garden in particular, contributes to the spacious element in the character of the Conservation Area. This is therefore a feature which should be protected if the character of the Conservation Area is being 'maintained or enhanced' in accordance with the duty of the Council as Local Planning Authority in its Conservation Areas.

9.2 The proposal in this application would not preserve or enhance this aspect of the site's contribution to the character of the Conservation Area. The present curtilage is occupied by three buildings. The most important being the existing two storey early Victorian house. This is set back in the plot and is surrounded to the front, side and rear by its gardens. To one side of this is the second most important building on the plot. This is a brick and tile single storey, (but almost two storey high) outbuilding, probably an original coach house, although now much altered, it nevertheless compliments the main house in location, style and period. The least important building is the modern timber construction very large outbuilding thought to have been originally built as a domestic garage and general storage building. This is now in a poor state of repair and so detracts from the character of the conservation area.

9.3 The scheme proposes replacing this garage building with a dwelling. Historic maps in fact show a second dwelling did exist within the application site, but set forward of this building in a position set closer to the road (Riley Crescent) therefore, both from an historic point of view and to improve the appearance of the Conservation Area, the replacement of this building is in principle supported. However the proposed scheme shows the building replaced with a house which attempts to replicate the existing house in design. This is not realistically achievable using modern materials and building techniques. Nor is it desirable since the new house would compete in visual terms with the need for the existing house to remain the dominant build element within the curtilage. The two storey house in the position proposed is also so close to the rear garden of No. 24 Riley Crescent as to result in a serious overbearing visual impact on the outlook from that rear garden and house. The applicant would therefore be best advised instead, to design a building which did not read as an independent separate house in a separate curtilage, but as some form of original service building (such as a stable block, or coach house) which had been converted, and so remain ancillary to the main building and which could be designed to lower overall height. As now proposed, this building is unacceptable in design and conservation terms.

9.4 The second element of the scheme involves the creation of what would be a third plot for the erection of another, more conventionally designed two-storey detached house, but the garage to which has been designed with a set of doors which attempt to have the appearance of old coach house doors. This would be set right beside the existing

17 house, but with its front set in a position behind that of the main house and its rear projecting beyond the rear most part of the existing house. Another detached double garage, would be for the use of the existing house. This part of the scheme is considered to be entirely unacceptable. It would again split this large curtilage into separate plots, reducing the spacious setting of the existing building, which is identified as contributing significantly to the overall spacious character of the Conservation Area. It would again compete in an unacceptable way with the present physical and visual dominance of the existing house on this plot. It would result in the loss of the former coach house building.

9.5 The advice of the council's Transportation Officer in respect of the scheme is that to make it acceptable from a highway safety point of view, would involve the reduction in height of the front boundary walls would if followed, also adversely affect the visual appearance of the site and so of the Conservation Area. The high walling around the front of the site is thought to contribute to the character of the Conservation Area which needs to be enhanced or preserved. The removal of the wall would not enhance, or preserve.

9.6 The scheme would involve the loss of several trees as indicated in it. These trees are not considered to be of importance in visual or amenity terms. However, the Tree Officer considers that several other trees, not shown to be removed in the scheme, would in fact be adversely affected by the proposed development, such that they would be likely to be lost if the scheme went ahead. These trees are considered worth retaining for their contribution to the character of the site and so to that of the Conservation Area.

9.7 The applicant needs to be aware that a separate application for Conservation Area Consent To Demolish would also be needed in order to demolish the large timber building. This has not been applied for.

10. Recommendation

Refuse, For the following reasons: • Detracts from the spacious character of the Conservation Area • Poor/inappropriate design of houses • Adverse overbearing effects on the rear of No. 25 Riley Crescent • Loss of trees • Contrary to UDP Policies; D4- Urban Grain D6- Townscape D9- Appearance HE 1- Preservation of Local Character and Distinctiveness. HE3- Preservation And Enhancement of Conservation Areas. HE5- Control Of Development In A Conservation Area

Case Officer : Alan Murphy Telephone No : 555623 Head of Development Control – Stephen Alexander

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DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00093/FUL Location 20 Riley Crescent, Wolverhampton,West Midlands,WV3 7DS Plan Scale (approx) 1:1250 National Grid Reference SJ 390054 296990 Plan Printed 12.05.2008 Application Site Area 3517m2

19 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00420/RN WARD: Heath Town DATE: 03-Apr-08 TARGET DATE: 03-Jul-08 RECEIVED: 27.03.2008 APP TYPE: Renewal of Permission

SITE: Former Royal Mail Sorting Office, Corner Of Corn Hill And, Horseley Fields, Wolverhampton PROPOSAL: Renewal of previously approved planning permission 02/0676/FP (Erection of building to form 153 apartments, associated open space and infrastructure works)

APPLICANT: AGENT: C.B Collier Ltd Mr David Onions C/o Agent Pegasus Planning Group 5 The Priory Old London Road Canwell Sutton Coldfield B75 5SH

COMMITTEE REPORT:

1. Site Description & Background

1.1 This is a prominent site within the Canalside Quarter, with an area of approximately 0.5ha. It was formerly occupied by a Royal Mail sorting office. It is now a surface level car park.

1.2 It has frontages onto Ring Road St David’s to the west, Horseley Fields to the south and Corn Hill to the east. To the north is the railway station multi-storey car park and the Birmingham Canal (Wolverhampton Level).

1.3 On the opposite side of Corn Hill are modern 3 and 4 storey flats, forming part of the Southbank development. On the opposite side of Horseley Fields is a 4 storey office building, St David’s Court.

1.4 The adjacent canal, which runs in a cutting, is within the Union Mill Conservation Area.

1.5 It is proposed that as part of the Interchange project, the main vehicular access to the redeveloped railway station will be off Corn Hill, to the north of the application site.

2. Application Details

2.1 This application seeks renewal of permission (02/0676/FP) which expired on 7 April 2008.

2.2 The proposed building would have nine above ground storeys adjacent to the railway station car park on the Ring Road frontage. The remaining building would present eight storeys.

20 2.3 Of the 153 apartments there would be:

23 one bedroomed units; 127 two bedroomed units; and 3 three bedroomed units.

2.4 The development would take the form of a perimeter block, with basement level parking, and a central courtyard amenity area. Vehicular access is proposed off Corn Hill, utilising separate “in” and “out” accesses. 140 car parking bays would be provided in the basement. Pedestrian access would be provided to individual apartments from the Ring Road, Horseley Fields and Corn Hill sides of the building. Access to the basement car park and other main access points would be subject to security controls to ensure only authorised persons gain access. It is stated that a security presence would be provided permanently on site for a 24 hour basis.

2.5 The building would provide active uses on all of the frontages, including the canal frontage, to allow overlooking and interaction with the public realm. The majority of the flats would have access to a balcony. A raised terrace would be provided to overlook the canal. Each of the apartments would be accessed via a deck running around the internal courtyard. In order to ensure that loss of privacy does not occur through residents walking directly past their neighbours windows, the floor level of each dwelling is to be raised above the level of the deck, with a ramp leading from the front door to the main level of the dwelling. This means that overlooking from the deck into dwellings will not occur, but surveillance of the deck from the higher level of the apartments would still be possible.

2.6 Access from the basement car parking area would be via a ramp from Corn Hill. This would be secured through security gates. Secure cycle parking is provided in the basement. Accommodation for on-site security will also be provided within the basement.

2.7 An amenity area will be provided within the central courtyard area of the building. This would be landscaped. Access through the courtyard would be available for the emergency services in the event of a fire. The area between the building and the canal would also be available as an amenity area.

2.8 Materials proposed for the building, consist of render, timber cladding, curtain walling and block work. A feature in the form of a shallow water filled “moat” is proposed between the building and its interface with the public realm on the St Davids Ringway frontage. Access to individual residential units will “bridge” the water feature. The building would also be artistically illuminated at night. A management regime is proposed for the maintenance of the courtyard amenity areas, parking areas, water feature, lighting and the repair of the building.

3. Relevant Planning History

3.1 06/01135/FUL. Building comprising 249 flats, with 2 levels of underground car parking. Decision Pending. Planning Committee, 13th March 2007, resolved to delegate authority to grant permission subject to receipt of satisfactory amended plans and a S106 Agreement.

3.2 02/0676/FP. 153 flats in an 8 and 9 storey building, with 140 basement parking spaces. Granted 7th April 2003. Expired 7th April 2008.

3.3 01/0476/FP. Creation of car park. Granted 13th June 2001

3.4 04/2230/RP. Use as car park. Granted 4th February 2005

21

4. Constraints

Authorised Processes Canal Side Quarter Sites and Monuments Entry

5. Relevant policies

5.1 Relevant UDP Policies:

D1 Design Quality D3 Urban Structure D4 Urban Grain D5 Public Realm Public Open Private Space D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance D10 Community Safety D11 Access for People with Disabilities part 1 D12 Nature Conservation and Natural Features D13 Sustainable Development Natural Energy D14 The Provision of Public Art EP1 Pollution Control EP3 Air Pollution EP5 Noise Pollution EP6 Protection of Groundwater, Watercourses and Canals EP11 Development on Contaminated or Unstable Land HE1 Preservation of Local Character and Distinctiveness HE4 Proposals Affecting a Conservation Area HE22 Protection and Enhancement of the Canal Network B5 Design Standards for Employment Sites B6 Offices SH1 Centres Strategy SH2 Centres Uses SH3 Need and the Sequential Approach SH4 Integration of Development into Centres SH9 Local Shops and Centre Uses Outside Defined Centres R1 Local Standards for Open Space, Sport R4 Development Adjacent to Open Spaces R7 Open Space Requirements for New Development H1 Housing H3 Housing Site Assessment Criteria H6 Design of Housing Development H8 Open Space, Sport and Recreation Requirements for New Housing Developments H9 Housing Density and mix H10 Affordable Housing AM1 Access, Mobility and New Development AM6 Transport Assessments AM7 Travel Plans AM9 Provision for Pedestrians AM10 Provision for Cyclists AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security CC2 City Centre Business and Employment

22 CC3 City Centre Housing CC4 City Centre Environment CC5 City Centre Access and Mobility CC12 Canalside Quarter

5.2 The site is allocated for mixed-use housing development in policy CC12 (v).

5.3 The following SPG’s are relevant:

SPG3 Residential Development SPG16 Provision of Public Art SPD Affordable Housing

6. Publicity and neighbour notifications

6.1 The application was advertised by press notice, site notice and letters to neighbouring occupiers. No reply or response has been received.

7. Internal Consultations

7.1 Parks and Contracts: A financial contribution is required to be put towards the creation and enhancement of public open space and play facilities in the area, which would include the canalside.

7.2 Planning Policy: The principle of residential development at this site is acceptable subject to provision of contributions towards open space and play facilities, public art and 20% affordable housing; to be secured through a Section 106 Agreement

7.3 Neighbourhood Renewal: Thirty nine units of affordable housing are required.

7.4 Access Officer: A number of comments are made relating to Part M of the Building Regulations.

7.5 Environmental Services

• Noise measurements indicate that the site falls within the upper range of Category C as defined in PPG24. This indicates that planning permission should not normally be granted for sensitive uses. Where it is considered that planning permission should be given, conditions should be imposed to require an assessment of air quality, acoustic survey, acoustic double glazing to all habitable room; acoustic ventilators shall be fitted to all habitable rooms and blinds installed to solar gain. • The previous use of the site may have lead to unacceptable levels of contamination, which could affect the redevelopment strategy for the site. A contaminated land investigation should be carried out and, if necessary, suitable mitigation measures be implemented. • Full details of refuse storage are required. • The floors between each level should provide sufficient sound attenuation to reduce the risk of noise disturbance.

7.6 Building Control: The proposals do not contain sufficient detail to allow an assessment of whether satisfactory access would be provided for fire fighting appliances.

23 7.7 Comments are awaited from the following

• Urban Design: • Transportation Development: • Landscape: • Archaeology: • Conservation: • Economic Development:

8. External consultees

8.1 : A concern is that the proposed provision of ‘open decks’ will provide an opportunity for anti-social behaviour.

8.2 Severn Trent Water: No objection subject to a drainage condition.

8.3 Centro: No objection subject to the provision of a Travel Plan and a financial contribution towards the improvement of the public transport infrastructure in the area.

8.4 Environment Agency: Object and recommend refusal of the planning application. The area around the site is designated as a Minor Aquifer. Inadequate information has been provided by the applicant to demonstrate that the risk of pollution posed to ground water can be safely managed.

8.5 Network Rail: No objection subject to conditions relating to drainage, landscaping and construction.

8.6 Comments are awaited from the following:

• British Waterways: • Fire Service:

9. Appraisal

9.1 The key issues for consideration are as follows;

• Changes in planning policy • The principle of residential development • Design and layout • Privacy, security, orientation and residential amenity • Landscaping • Parking and access • Public open space and play facilities • Public art • Affordable housing • Implications for groundwater

Changes in planning policy

9.2 When application 02/0676/FP was considered acceptable and permission was granted it was considered in the light of planning policies that were current at that time. Similarly, the current application falls to be considered against planning policies that are in force now.

24 The principle of residential development

9.3 UDP Policy CC12 (Canalside Quarter) identifies this site as being located within the Canalside Quarter and it says that it is suitable for a mixed-use housing development. Whilst this proposal does not include for a mix of uses, the site is located close to the City Centre, and mix-use development is proposed immediately adjacent to the site, as part of the Interchange project. It is therefore considered that the principle of residential development is acceptable.

Design and layout

9.4 The proposed building includes basement parking which would facilitate the efficient use of the land.

9.5 The building would relate to the street, providing direct access into dwellings, overlooking and interaction. The building would also overlook the canal and the central courtyard and would provide a private amenity area for residents.

9.6 The proposal would result in a building of significant size and height. It would have eight storeys rising to nine storeys adjacent to the railway car park. Its surroundings contain substantial buildings of four or five storeys. The site has a high profile fronting on to the Ring Road, and its junction with Horseley Fields. The prominence of the Corn Hill frontage will increase when Corn Hill becomes the main access road to the railway station. The width of the Ring Road means that a building of significant scale in this location would not be over-dominant. A substantial building at the Horseley Fields/Ring Road junction would mark an important visual gateway into the City Centre. In these circumstances it is considered that the size and massing of the proposed building is acceptable in this particular location.

9.7 The external cladding materials proposed consist of Red Cedar timber cladding, coloured render, curtain walling and powder coated aluminium panels. The decking and the balconies would be constructed of galvanised steel and hardwood hand rails. The building itself is clearly intended to be a bold contemporary statement and consequently it is considered that the materials proposed reflect the design approach. Nevertheless, it is very important that the materials selected are of high quality, of long life span and weather well. It may also be that there are too many materials proposed and that aesthetically the scheme might benefit from a more restricted palette. It is therefore proposed to fully condition the materials, specifications and require a sample panel to be erected on site for approval.

Privacy, security, orientation and residential amenity

9.8 Although there would be a decked access arrangement, privacy would be achieved by each dwelling being raised above that of the adjacent deck. This means that windows looking onto the deck will be at such a height to eliminate overlooking from users of the deck, whilst allowing surveillance of the deck from the adjacent flats above. Access to the stairways/communal areas will be restricted to avoid unauthorised access by the general public and therefore anti-social behaviour within those areas is unlikely.

9.9 None of the apartments would have windows facing in a northerly direction. All of the apartments with a frontage on to the Ring Road would have bedrooms facing onto the quieter courtyard. The majority of the apartments would have separate living rooms and kitchens, although 22 of the apartments would have combined kitchen/living accommodation. Overall the level of residential amenity provided by the accommodation is considered acceptable.

25 Landscaping

9.10 The application fails to provide sufficiently detailed information about the proposed planting and a detailed planting plan is required. Further details of the proposed landscaping of the site could be required by a condition.

Parking and access

9.11 The proposal would provide 140 spaces for the proposed 153 apartments, accessed from Corn Hill. Whilst the proposal would not provide one parking space per apartment, the location of the site is considered to be highly accessible, and its proximity to the City Centre, the railway station and bus station, means that the proposed accommodation is likely to be attractive to people who do not own cars. Furthermore, the supporting text to UDP Policy CC3 (‘City Centre Housing’) says that to maximise the use of land in highly accessible locations, such as the application site, high densities and minimal parking provision will be encouraged.

Public open space provision and play facilities

9.12 UDP Policy H8 says that all housing developments of ten dwellings or more will be required to contribute towards the provision and / or enhancement of open space, sport and recreation facilities sufficient to serve new residents. Whilst it is not possible to provide public open space on site, it would be appropriate to secure a contribution to provide off site open space or improvements to existing open space. Based on the number of bed-spaces and a 50% occupancy rate the proposal would require a public open space/play contribution of £320,960.49, be secured through a Section 106 Agreement.

Public Art

9.13 Public art can make an important contribution to the amenity and environmental quality of an area. UDP Policy D14 ‘The Provision of Public Art’ says that the Council will seek to negotiate provision of public art on all major developments. The Council’s approved SPG 16 ‘Public Art’, indicates that the Council will normally prefer Section 106 Agreements to secure public art. The application includes proposed details of the public art, consisting of embellishments of the building including the provision of a water feature which would be situated between the Ring Road and the building. This water feature is intended to bring the canal into the frontage of the site, with access for pedestrians bridging over the water feature. It is also proposed to provide a lighting regime for the building as part of the public art contribution. A series of “light boxes” are proposed which will illuminate each elevation. Whilst it is expected that some elements of the proposed lighting regime and water feature could contribute towards the development’s public art contribution, at the present time it is not considered that this fully complies with the Councils per cent for art policy. Furthermore, the nature of the proposed public art (lighting and water feature) is such that they will require a high degree of maintenance. Consequently, in order to ensure that the Council’s per cent for art policy is complied with, and to ensure that an appropriate level of maintenance is provided, it is considered appropriate to include public art and its maintenance as part of the Section 106 Agreement.

Affordable housing

9.14 UDP Policy H10 ‘Affordable Housing’ says that in order to meet affordable housing need, both City-wide and at a local level, and to ensure mixed communities, the Council will seek to negotiate the provision of affordable housing on all suitable private sector housing developments larger than one hectare or comprising of 25 dwellings or more. The amount of affordable housing required by policy H10 for this city centre site

26 is 20% of the total number of units. This would equate to thirty nine units split between Shared Ownership and Social Rent. In the following proportions:

1No. three bedroomed unit (Shared Ownership) 8No. two bedroomed units (Shared Ownership) 2No. one bedroomed units (Shared Ownership)

24 No. two bedroomed units (Social Housing) 4 No. one bedroomed units (Social Rent)

Implications for ground water

9.15 The Environment Agency has raised an objection to this application, stating that the applicant has not supplied adequate information to demonstrate that the risk of pollution posed to ground water can be adequately managed. The agent has been advised of this objection. It is understood that the agent intends to engage in discussions with the Environment Agency with a view to resolve this objection.

10. Conclusion

10.1 The principle of residential development on this site remains acceptable. The scheme provides a key landmark building both in the approach to the City Centre and the Canalside Quarter. The location requires a landmark building of size and presence and the proposed development would deliver this. The proposed architectural treatment, subject to agreement on details and materials, would provide a contemporary approach and represent a bold statement to provide a significant vibrant addition to the City centre. There is a requirement to provide through a S106 Agreement 20% affordable housing, a public open space/play contribution, public art, targeted recruitment, training and management of communal areas.

11. Recommendation:

11.1 Delegated Authority to the Director of Sustainable Communities to grant subject to: • Satisfactory resolution of outstanding Environment Agency objection. • A S106 agreement for: o Affordable housing – 20% of the total number of residential units (as per para. 9.14). o A financial contribution of £320,960.49 towards the provision or enhancement of public open space/play facilities in the area (BCIS indexed) o Public art, to a value of 1% of construction costs (not including abnormal costs). o Targeted recruitment and training o A management company to carry out management / maintenance of communal areas. • Conditions to include: • Approval of external joinery details and external materials (including sample panel) • Large scale architectural drawings • Landscaping • Refuse storage details • Details of boundary treatments • Noise survey and sound attenuation measures to habitable rooms • The hours of construction • Approval of drainage details

27 • No flues, vents, meter boxes, antennas or other fixtures shall be fixed to or installed on the exterior of the buildings without prior written approval • Provision and retention of parking • Provision of 2m wide pavement to Corn Hill • Visibility splay into and out of the site • Security measures for site and dwellings • Air quality assessment and mitigation • Contaminated land investigation and mitigation • Finished ground and floor levels for site and adjacent levels • Travel Plan

Case Officer: Phillip Walker Telephone No : 555632 Head of Development Control – Stephen Alexander

28

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00420/RN Location Former Royal Mail Sorting Office, Corner Of Corn Hill And,Horseley Fields,Wolverhampton Plan Scale (approx) 1:1250 National Grid Reference SJ 391931 298704 Plan Printed 12.05.2008 Application Site Area 5146m2

29 PLANNING COMMITTEE - 20-May-08

APP NO: 07/01783/OUT WARD: Ettingshall DATE: 18-Dec-07 TARGET DATE: 18-Mar-08 RECEIVED: 18.12.2007 APP TYPE: Outline Application

SITE: Battery Rolled Metals Factory, Cable Street, Wolverhampton, West Midlands PROPOSAL: Mixed use development of residential, commercial and canal basin.

APPLICANT: AGENT: Woodford Land Limited Pegasus Planning Group C/o Agent 5 The Priory Old London Road Canwell Sutton Coldfield B75 5SH

COMMITTEE REPORT:

1 Site description and relevant background

1.1 A development brief was prepared in September 2005 for the 8Ha site between Steelhouse Lane to the west, Cable Street to the south, the Birmingham Canal to the east and Eagle Street industrial and business park and retail warehouses to the north.

1.2 The application site and the adjoining site to the west are in separate ownership and there is a current planning application (07/01800/OUT) on the adjoining eastern part of the site. The site owners agreed to submit the applications on the adjoining sites simultaneously.

1.3 The application site was previously used in the production and working of steel and iron products and the whole locality was previously worked for coal, below ground. It also lies over a significant geological fault.

1.4 The application site is about 1.5km from the city centre and approximately 4.2Ha in area. It is the eastern portion of the brief site.

1.5 The application site is the eastern portion of the brief site. It is enclosed by the Birmingham Canal on its east, Cable Street to the south, industrial and retail estates off Eagle Street to the north and the other portion of the brief site to the western.

1.6 Delta Trading Estate is directly opposite the site across the Birmingham Canal.

1.7 The site is surrounded by remnants of buildings and walls, significant gate piers and a brick wall maintaining a visible reference to history of the site. There is a small building housing an active gas regulator on the south-east corner of the site adjacent to the canal, with gas pipes crossing the canal alongside the Cable Street bridge.

1.8 The canal towpath is on the opposite side of the canal from the application site and is a shared cycle route to the city centre and towards Bilston. There is no formal towpath access within easy walking distance of the site.

30 2 Application details

2.1 The proposal is an outline application in which all matters are reserved except access [which includes the circulation routes and how these fit into the surrounding access network].

2.2 It is a residential led development comprising 157 dwelling units, 6 no. B1 light industrial units totalling 3307.5 square metres of floor space and associated parking, an area of public open space shared with the adjacent site, access and service roads.

Houses 113 Apartments 44 10 no. 4 bedroom, 3 storey, semi- 32 no. 2 bedroom flats detached

6 no. 4 bedroom, 2.5 storey, 12 no. 1 bedroom flats terraced/semi-detached 17 no. 4 bedroom, 2 storey, terrace/semi-detached 5 no. 3 bedroom, 3 storey, semi- detached 31 no. 3 bedroom, 2.5 storey, semi- detached/terraced 44 no. 3 bedroom, 2 storey, semi- detached/terraced B1c Industrial 6 units totalling 3307.5 sq metres 3 no. 471.1 sq metres [1413.3 sq m] 1 no. 551.6 sq metres 1 no. 651.3 sq metres 1 no. 691.3 sq metres

2.3 The mix of dwellings in the indicative layout shows 3 and 4 bedroom houses in a range of 2, 2.5 and 3 storey heights and 1 and 2 bedroom canalside apartments in 3 and 4 storey height buildings.

2.4 The proposed layout is a combination of traditional, street fronting dwellings with rear gardens backing onto the proposed industrial area, perimeter block housing with parking courts and a longer more loosely defined perimeter block and taller apartment buildings around the canal basin and along the canal frontage.

2.5 The industrial area is accessed directly from Cable Street and there is a proposed emergency access to the residential area.

2.6 The proposal would provide a footpath alongside the canal with amenity space and landscape works along the canal. There are spaces provided where a footbridge might be positioned at a future date.

2.7 The main access to the residential part of the site would be from Cable Street and from the adjoining site. Portions of the site would be accessed over shared surfaces and also forms a continuation of a boulevard from the adjoining site and branches to allow access to smaller areas associated with parking for dwellings.

2.8 Within 10m of the junction with the access from Cable Street is a right turn leading to a rear parking court for 17 residential properties and provides access to an existing gas governor in the corner of the site.

31 2.9 The boulevard is continued from the western part of the site where it crosses over the north-south orientated open space. It is fronted by a combination of 3 and 4 storey buildings and ends in an open area adjacent to the canal.

2.10 On the northern side of the application site a group of apartments fronts the boulevard and continues north around the corner to front the canal. Parking and amenity space is provided for these apartments in a court yard behind the buildings.

3 Planning History

3.1 07/01472/FUL - engineering operation comprising remediation of the site and creation of a new canal basin, granted 15th January 2008. Amendments to this approval will require additional detail for the remediation and treatment of the area where the basin would have been located.

3.2 07/01800 – outline application for residential and care facility mixed use on the adjoining site is currently being considered.

4 Constraints

4.1 Within 250m of several authorised processes.

4.2 Within New Deal ABCD Area

4.3 Within a Strategic Regeneration Area

5 Relevant policies

Wolverhampton Policies Unitary Development Plan: AM1 - Access, Motability and New Development AM7 - Travel Plans AM10 - Provision for Cyclists AM12 - Parking and Servicing Provision AM15 - Road Safety and Personal Security D1 - Design Quality D2 - Design Statement D3 - Urban Structure D7 - Scale - Height D8 - Scale - Massing D11 - Access for People with Disabilities part D13 - Sustainable Development and Natural Energy D14 - The Provision of Public Art EP1 - Pollution Control EP3 - Air Pollution EP5 - Noise Pollution EP6 - Protection of Ground Water, Watercourses, Canals EP9 - Sustainable Drainage Arrangements for Development EP11 - Development on Contaminated Unstable Land B1 – Economic Prosperity B3 – Business Development Allocations [B3.25] B9 - Defined Business Areas B10 - Redevelopment of Business Land and Premises B12 - Access to Job Opportunities HE1 - Preservation of Local Character and Distinctiveness

32 HE22 - Protection and Enhancement of the Canal Network N1 - Promotion of Nature Conservation S1 - Strategic Regeneration Areas

SPG3 - Residential Development Steelhouse Lane & Cable Street Development Brief – September 2005

Regional Spatial Strategy for the West Midlands (RSS11) UR1 Implementing Urban Renaissance in Major Urban Areas CF1 Housing within the Major Urban Areas PA6 Portfolio of Employment Land

Black Country Joint Core Strategy Identifies regeneration corridors for housing including the A41 Bilston Road within which this site falls.

Government Guidance Circular 07/99: The Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999

6 Publicity, neighbour notification and representations

6.1 The application was advertised by press notice, site notice and by neighbour letters.

6.2 Inland Waterways Association have objected to several general aspects of the application but mainly to the size of the canal basin [in the original proposal] and its proposed layout which they claim would be insufficient in dimensions to accommodate boats without creating a navigation hazard and would not allow emergency vehicles to reach the canalside. They also objected to the design of the high apartment buildings around the canal basin. They make reference to the loss of the original canal wall and the requirement for a more imaginative scheme.

6.3 No other objections have been received as a result of the publicity.

7 Internal consultees

7.1 Environmental Services – • there is potential for noise nuisance from Cable Street road traffic and Central Trading Estate industrial premises therefore a mechanical ventilation system should be required for properties exposed to excessive noise levels, to be determined by provision of additional data in this or subsequent applications, • there is potential for air quality issues which should be investigated further, • a satisfactory site investigation and remediation treatment must have been completed, validated and this notified to LPA in writing before any development may commence.

7.2 Transportation Development – • the scheme has been amended however there are some aspects of it which are not acceptable • there are a significant number of properties in the scheme which do not have vehicular access for emergency services to frontages; a 4.1 metres minimum height limit for structures over the accesses to rear parking courts will need to be imposed or the potential obstruction removed from the proposal • tandem parking in rear parking courts is not acceptable and alternatives would need to be explored to achieve parking standards

33 • in some parts of the layout the relationship of the parking to the dwelling house in the rear courts is not acceptable • there are some areas where there is no pedestrian route shown from parking spaces to the dwellings they are intended to serve • the emergency/fire exit from the industrial units should be restricted to emergency vehicular use only • the position of the main access to the site from Cable Street is acceptable • the design of the proposed junction from the main access road, centred at 10m from the back of pavement with Cable Street [giving access to a rear parking court, property frontages and the gas governor] is not acceptable, as it may lead to queuing on Cable Street or the access road • a Residential Travel Plan and a Work Place Travel Plan for the site will be required which will need to dovetail with those for the adjoining site • the Transport Assessment does not have sufficient analysis of the site’s accessibility in relation to policy AM12 and some of the assumptions made are not substantiated by recognised research such as comfortable walking distances • accident analysis is not provided • improved pedestrian routes to bus/metro stops, pedestrian/cycle routes to local facilities and to Wolverhampton and/or Bilston and access to the railway station need to be identified and improve – including a pedestrian crossing on Steelhouse Lane • towpath access for pedestrians and cycles should be provided through a S106 including towpath surface improvements and lighting where identified as necessary – there is a preference for a bridge over the canal however at minimum a site should be identified where a bridge could be built at a future date • traffic management on nearby residential streets would be required – to the west of Steelhouse Lane and Kent Road • safe routes to school for existing and new residents would be required taking account of a range of local primary schools – including a pedestrian crossing on Steelhouse Lane • improved kerb radii on Steelhouse Lane/Cable Street junction required • sites for improved bus shelters and additional bus stops to be identified and provided on Steelhouse Lane and Bilston Road to serve residents and employees of the development

7.3 Archaeology – no objections

7.4 Structures Section – • there are outstanding concerns with details in the remediation treatment which have not been addressed • details of construction methods to be used to reduce the potential of settlement need to be supplied along with an analysis of the risks associated with former mine workings and the geological feature, the Western Boundary Fault, which runs through the site. • details of methodology to reduce potential damage to the canal or other structures in the vicinity also need further investigation • all details and reserved matters should be referred to Structures to ensure there are no outstanding safety issues.

7.5 Landscape – • there are limited features of landscape interest in the existing site • some interesting boundary walls on Cable Street with potential for partial retention in scheme • canal side open space not suitable for children’s play

34 • advises that there should be tree planting all along canal frontage to improve the environment • formal towpath access from Cable Street advised • generally space should be identified for more tree planting all across the scheme • details of methods of repair and replacement of boundaries of site • use of sedum or crushed rubble roofs where possible to provide biodiversity and water retention within the site

7.6 Economic Development – no comments received.

8 External consultees

8.1 Environment Agency – • have objected to the scheme as the flood risk assessment has failed to investigate aspects of the proposal in sufficient detail • are concerned that the surface run off calculations are incorrect • sustainable drainage systems should be explored on the site to reduce surface runoff to acceptable levels

8.2 British Waterways – • should a canal basin be included, adequate attractions, facilities and management arrangements should be made to ensure that the basin remains attractive, in good condition and does not present a navigation hazard • security of long term moorings for boat storage would be inadequate in the proposal as originally presented and security measures would be visually intrusive • residential boat moorings might be an alternative use subject to market research as to its viability and the minimum levels of parking and basic facilities such as toilet/shower/laundry/pump out facilities which would be required • a management agreement would be required before connection with the main canal would be allowed • any canal crossing or towpath access points will require the specific agreement of British Waterways • reference to Monmore Green Bridge as an alternative towpath access point to provide a DDA compliant link to the pedestrian and cycle network the canal towpath provides • engineering works close to and involving the canal need to be closely monitored and overseen by BW engineers and the stability of the off-side canal wall must not be adversely affected • improvements to the ecology and biodiversity of the canal should be provided and soft landscape planning should be provided to BW for comment • no trees should be planted within 5m of the canal wall.

8.3 Severn Trent Water Ltd – require a drainage condition which will ensure the delivery of drainage on sustainable principles prior to the commencement of the development.

8.4 ABCD - New Deal for Communities – no adverse comments.

8.5 Centro - state that there is no infrastructure affected by the proposal but that there is limited frequency of bus services on evenings and Sundays which means that much of the site does not meet the Passenger Transport Authority’s minimum standards. Better access to public transport should be provided in conjunction with the development, the layout should allow for Ring and Ride services to manoeuvre and access the site easily and provision should be made for cycle storage and good pedestrian and cycle access and links across the whole development.

35 9 Appraisal

9.1 The key issues in respect of the proposal are: • the requirements of the development brief • transportation and parking provision • design and layout • environmental protection • S106 requirements

The requirements of the development brief. 9.2 The development brief was written for a larger area than the application site and required a mixed use scheme providing 55% employment, 35% residential and 10% of other uses suggested as canalside leisure such as café/pub/shop. It required the provision of a canal basin, a canal bridge crossing to reach the towpath, provision of public art, 25% affordable housing across the site, a boulevard from All Saints Church to the canalside, provision of on and off site public open space and public art. The boundary wall and gate piers have been identified for retention in the development.

9.3 The aim of the brief was to provide an attractive mixed use development with a range of housing and employment. The employment proposed on this part of the brief site is light industry and while the provision is less than anticipated by the brief. An assessment of the application and its contribution to meeting the brief in the current economic and policy climate has been undertaken. This report will include details of the financial viability of the proposed scheme. The full report has not yet been made available. Preliminary indications are that the proposed level of employment submitted in the application is considered acceptable.

9.4 Discussions with British Waterways have revealed that a canal basin in this location of the proposed dimensions is unlikely to be of commercial benefit and therefore the applicants have deleted this aspect of the application. Casual on line mooring points should be provided as part of the canalside improvements.

9.5 The applicant has provided a financial appraisal which is being independently assessed by consultants to ascertain if the affordable housing, contributions for public open space and other S106 provisions required by the brief could be provided and the development were to remain financially viable.

9.6 There is a requirement in the brief to provide access to the towpath by building a bridge over the canal in an appropriate location to encourage the use of the towpath by the occupants of the development and by the wider community. The towpath is a pedestrian and cycle route north to the city centre and south to Birmingham. Developers for both parts of the development brief site would be expected to contribute to the cost of a means of access to the tow path for this purpose, including lighting and surface marking. The costs associated with this are being explored with British Waterways.

9.7 The application continues the ‘boulevard’ required by the brief. An area of public open space is proposed at the junction between the two parts of the brief site which would provide a focal area and an area for informal play and recreation.

9.8 Public art is required by the brief to be provided within the application site. UDP policy D14 states that this may be waived if the viability of the scheme would otherwise be jeopardised.

9.9 As the proposal is a departure from the UDP designation as a Defined Business Area it must be referred to the Government Office West Midlands to establish if it will be called in for a decision to be made by the Secretary of State.

36 Transportation and parking provision 9.10 There are several outstanding issues in relation to the layout and parking which will need to be resolved before approval could be given.

9.11 The junction with Cable Street and the secondary junction need to be looked at carefully to explore a safer route. Widening of the access may interfere with the boundary wall and therefore care would need to be taken to ensure that it is retained or repaired as far as possible.

9.12 Tandem parking should be removed from the rear parking courts. This may require reconsideration of the position of some on street parking.

9.13 Pedestrian routes to dwellings from parking areas should be provided.

9.14 The accesses to rear parking courts should have a lower height limit of 4.1m. where there is no alternative vehicular access to the front of the property.

Design and layout 9.15 The general approach to the layout is acceptable subject to comments from Transportation and the points below. The brief requires the retention of some of the existing boundary wall around the site which is demonstrated in the plans.

9.16 The perimeter block approach is largely acceptable. There are 20 dwellings which will only have vehicular access from the rear however in order to avoid the introduction of a road along the canal edge, this aspect of the proposal is considered to be acceptable.

9.17 Flats over garages or voids have largely been replaced as additional rooms on the adjoining house. Corner treatments have been improved in the most recent amendment.

9.18 The heights along the continuation of the boulevard are 4 storey and lead to an open area by the canal which are appropriate and in keeping with the design on the adjoining site.

Environmental protection 9.19 The Environment Agency [EA] currently objects to the proposal on the basis that inadequate consideration has been given to all the flooding risks to the site and that better use might be made of sustainable water use and drainage methods. The agents have been asked to address these concerns and are in negotiations with the EA to this end.

9.20 Conditions to require proof that the previously approved remediation has been carried out satisfactorily, that any special structural requirements for foundations or roads will be provided before development commences and to carry out further site investigations and mitigation works on the remainder of the site.

9.21 As the remediation treatment has not yet been carried out conditions relating to its implementation will be required along with details of safe construction methods in areas of potential ground instability.

9.22 Sound insulation and mechanical ventilation measures should be sufficient to mitigate against any potential for noise disturbance of a significant nature from sites on Cable Street, Eagle Street or within the Delta Trading Estate.

S106 requirements 9.24 Affordable housing, public open space, towpath access and public art would normally be required to be provided through a S106 agreement. UDP policy IMR2 states that in

37 determining the nature and scale of benefits regard may be had to the economic viability of the scheme. The costs of the site remediation and the land costs at the existing use value may result in a relatively low financial return. Further analysis is required of the submitted financial viability report.

9.25 The brief requires that 25% of the class C3 units are to be affordable.

9.26 There is a requirement for a financial contribution towards the off-site provision or enhancement of public open space and play facilities. The financial appraisal indicates that the full cost of POS contributions based on the dwellings in the proposal would result in a scheme which would not be financially viable. The independent assessment of the financial viability of the scheme will provide the basis for assessing the range and value of the S106 contributions in a comprehensive manner.

9.27 A S106 agreement should be entered into to provide some form of towpath access in partnership with the adjoining land owner and public art.

9.25 The S106 should make provision for financial claw back if the development should prove to be more profitable than anticipated. In the interests of comprehensive development and the good planning of the area there should be a single S106 agreement to cover the whole of the brief site.

10 Conclusion

10.1 The application varies significantly from the brief. However given the current economic circumstances the principle of the proposed mix of uses is considered to be acceptable.

10.2 Amendments to the layout should be submitted to take account of the points raised particularly in respect of issues raised by Transportation.

10.3 The Environment Agency comments are awaited and will need to be fully addressed before the scheme could be approved.

10.4 Environmental protection issues may be dealt with through planning conditions.

10.5 Agreement will need to be reached with British Waterways in relation to planting and improvements along the canal edge.

10.6 A towpath access should be provided to the canal from Cable Street.

10.7 The application must be referred to Government Office of the West Midlands as a departure from Unitary Development Plan policy.

11 Recommendation

11.1 Delegated authority to approve subject to the GOWM response to referral and subject to:

(i) satisfactory amended layout plans and Flood Risk Assessment (ii) negotiation (taking account of financial viability) and signing of a S106 agreement to include • provision and maintenance of on-site POS prior to the completion or occupation of more than 50 residential units on any part of the combined sites • affordable housing • management company for communal areas

38 • provision of towpath access from Cable Street to Birmingham Canal • residential travel plan • work place travel plan • targeted recruitment and training • public art • provision of off-site open space contributions • phasing plan to include comprehensive development of whole of development brief area • claw back provisions • public access to canalside

(iii) any necessary conditions to include:

• exterior of buildings to be completed in accordance with the approved details • maximum no. of dwellings to be 113 houses and 44 apartments, to be in accordance with floor plans that have been submitted and approved by local planning authority • industrial development to be restricted to B1c use • restrict permitted development rights for attachments to dwellings • site investigation and scheme of mitigation for all of the site • details of building design, • details of building design • landscape details • materials • cycle stores • motorcycle/ cycle parking • parking for the disabled • boundary treatments • foundations or any subsurface construction • sustainable drainage • external surface materials • lighting scheme for site • site remediation including for landfill gas • noise assessment and mitigation measures

Case Officer : Mizzy Marshall Telephone No : 551123 Head of Development Control – Stephen Alexander

39

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/01783/OUT Location Battery Rolled Metals Factory, Cable Street,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 392551 297736 Plan Printed 12.05.2008 Application Site Area 42280m2

40 PLANNING COMMITTEE - 20-May-08

APP NO: 07/01800/OUT WARD: Ettingshall DATE: 27-Dec-07 TARGET DATE: 27-Mar-08 RECEIVED: 27.12.2007 APP TYPE: Outline Application

SITE: Land At Steelhouse Lane/, Cable Street, Wolverhampton, West Midlands PROPOSAL: Mixed use development including residential, care facility, public open space, landscaping and access works.[Outline Application]

APPLICANT: AGENT: Bovale Ltd Harris Lamb Ltd 4 Belmont 75 - 76 Francis Road Shrewsbury Edgbaston SY1 1TE Birmingham B16 8SP

COMMITTEE REPORT:

1 Site description and relevant background

1.1 A development brief was prepared in September 2005 for the 8Ha site between Steelhouse Lane to the west, Cable Street to the south, the Birmingham Canal to the east and Eagle Street industrial and business park and retail warehouses to the north.

1.2 The application site and the adjoining site to the east are in separate ownership and there is a current planning application (07/01783/OUT) on the adjoining eastern part of the site. The site owners agreed to submit the applications on the adjoining sites simultaneously.

1.3 The application site was previously used in the production and working of steel and iron products and the whole locality was previously worked for coal below ground.

1.3 The application site is about 1.5km from the city centre and approximately 3.6Ha in area. It is the western portion of the brief site. There is a small group of industrial units, one in use as a Temple, on the corner of Steelhouse Lane and Cable Street, which are included in the site.

1.4 Remediation of the cleared part of the site has been undertaken.

1.5 The local landmark building of All Saints Church is opposite the site on Steelhouse Lane.

1.6 There is a significant furnace slag wall along Steelhouse Lane which is of some local historic interest; the brief suggests that it should be retained in the development as far as possible.

2 Application details

2.1 This is an outline application in which layout and access are submitted for determination but other matters are reserved for subsequent approval. A mixed use

41 scheme is proposed comprising 82 houses, 52 apartments, 94 retirement apartments, a 51 bed nursing home and a 59 bed serviced retirement home.

2.2 The accommodation proposed is set out in the table below.

Houses 82 Apartments 146 2 no. 5 bedroom, 3 storey detached 42 no. 2 bedroom flats 43 no. 4 bedroom, 3 storey terrace 2 no. 2 bedroom flat over garage

37 no. 3 bedroom, 2.5 storey 8 no. 1 bedroom flat over garage terrace/semi-detached 78 no. 2 bedroom retirement apartments 16 no. 1 bedroom retirement apartments

Nursing Home and Serviced Retirement Home 110 59 bedroom serviced retirement home 51 bedroom nursing home

2.3 The proposal includes two access roads off Steelhouse Lane. The proposed northern access, opposite All Saints Church, takes the form of a 13m wide boulevard with 1.8m pavements either side, leading to the public open space. The POS is shown illustratively continuing into the adjoining development site. The boulevard is lined by houses with frontage parking and divided by a central reservation, with street trees and car parking spaces.

2.4 The southern access is narrower at 5.5m wide, with houses lining the northern side, car parking on the frontages, and retirement apartments on the southern side. This road also leads to the proposed public open space on the eastern side of the site and is shown illustratively linking to the adjacent development site.

2.5 A mix of houses and flats are proposed along Steelhouse Lane, on the western side of the site with rear parking courts. The houses have rear parking courts with entrances from the two access roads into the site. The dwellings towards the north have two parking courts for 8 cars and 11 spaces for cars and both have space for motorcycles. The dwellings to the southern side have a single rear parking court for 37 cars including 1 for disabled users and spaces for motorcycle parking. This parking court is accessed from the southern of the two access roads between apartments.

2.6 On the eastern part of the application site, lying between it and the adjoining development site is a linear open space with a north-south axis, approximately 21m wide and 110m long.

2.7 The proposed “care facility”, to the south of the site, is 14287 sq metres of floor space. It would take the form of three blocks of accommodation of different dimensions placed around a central open space for the use of the residents. Parking for this facility is provided around the central space, within a secure perimeter and accessed by a gated road. The buildings front Cable Street and the more southerly access into the application site.

2.8 The application states that up to 140 jobs would be generated by the care facility but no details are given as to the nature of the jobs.

2.9 The care facility is made up of three elements: a nursing home and a serviced retirement home (both of which would fall within use class C2 ‘residential institutions’)

42 and retirement apartments. On the basis of the information provided these apartments would fall within use class C3 ‘dwelling houses’.

2.10 The agents have stated that they wish all of the care facility to be considered a C2 use.

2.11 To the north east of the site 5 no. 3 bedroom dwellings are proposed within a rear parking court area in a group of 2 and 3, each dwelling with its own rear garden.

2.12 The dwellings along the main boulevard are in groups of 3 and 2.5 storey heights and those along the linear open space are 3 storey. There is a mix of 2.5 and 3 storey buildings across the remainder of the site. Illustrative material shows buildings of traditional appearance (brick and render walls and pitched roofs).

2.13 The application is accompanied by documentation to assist in the assessment of environmental protection and transportation issues.

2.14 The application is accompanied by a financial appraisal.

3 Relevant Planning History

3.1 07/01228/FUL – retrospective application for site remediation works - granted 07.12.2007.

3.2 07/01421/FUL - alterations to existing accesses off Steelhouse Lane – refused 03.01.2008 for reasons of premature application and pedestrian safety.

3.3 07/01783/OUT - an outline application is currently being considered on the adjoining site, made by Woodford’s for a mixed use development of residential, industrial and open space along with the associated infrastructure.

3.4 08/00225/FUL - an application for the accesses to the site has been resubmitted and is being considered for approval through officer delegation with conditions to ensure highway safety.

4 Constraints

4.1 Within 250m of several authorised processes.

4.2 Falls within New Deal ABCD Area

4.3 Falls within a Strategic Regeneration Area

4.4 The site is in part opposite an industrial estate which generates noise and heavy vehicular traffic.

5 Relevant policies and guidance

Wolverhampton Policies Unitary Development Plan: AM1 - Access, Motability and New Development AM7 - Travel Plans AM10 - Provision for Cyclists AM12 - Parking and Servicing Provision AM15 - Road Safety and Personal Security D1 - Design Quality

43 D2 - Design Statement D3 - Urban Structure D7 - Scale - Height D8 - Scale - Massing D11 - Access for People with Disabilities part D13 - Sustainable Development and Natural Energy D14 - The Provision of Public Art EP1 - Pollution Control EP3 - Air Pollution EP5 - Noise Pollution EP6 - Protection of Ground Water, Watercourses, Canals EP9 - Sustainable Drainage Arrangements for Development EP11 - Development on Contaminated Unstable Land B1 – Economic Prosperity B3 – Business Development Allocations [B3.25] B9 - Defined Business Areas B10 - Redevelopment of Business Land and Premises B12 - Access to Job Opportunities HE1 - Preservation of Local Character and Distinctiveness HE22 - Protection and Enhancement of the Canal Network N1 - Promotion of Nature Conservation S1 - Strategic Regeneration Areas

SPG3 - Residential Development Steelhouse Lane & Cable Street Development Brief – September 2005

Regional Spatial Strategy for the West Midlands (RSS11) UR1 Implementing Urban Renaissance in Major Urban Areas CF1 Housing within the Major Urban Areas PA6 Portfolio of Employment Land

Black Country Joint Core Strategy Identifies regeneration corridors for housing including the A41 Bilston Road within which this site falls.

Government Guidance Circular 07/99: The Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999

6 Publicity, neighbourhood notification and representations

6.1 The application was publicised by press and site notices and neighbour letters to premises nearby.

6.2 One response has been received from the Inland Waterways Association asking that comments made on the adjoining application are considered but without any specific reference to issues in this application.

7 Internal consultees

7.1 Archaeology – no archaeological implications.

7.2 Environmental Services – • Air Quality – the report provided raises no concerns

44 • Noise – the methodology for the noise assessment has not been agreed with the LPA therefore a noise assessment and mitigation measures will be required. • Contaminated Land – the main part of the site has been remediated to the satisfaction of the LPA but the south west corner area will require a site investigation and programme of remediation to be carried out including for landfill gas. Fill material will require testing before use.

7.3 Transportation Development – there are several aspects of the development which were considered unsatisfactory • access from Steelhouse Lane and Cable Street to rear parking courts – these were removed in amended plans however at least one may need to be introduced • accesses to rear parking courts must meet minimum height of 4.1m to ensure adequate access for service vehicles. • visibility splays are largely acceptable but a restriction on walls or planting which exceeds 1m in height is required to prevent obstruction of visibility • kerb radii are acceptable including amended proposals at junction of Cable Street/Steelhouse Lane • kerb widths are acceptable • A Stage 1 and 2 Road Safety Audit will be required and a S38 agreement to provide improvements to routes to schools, cycle and pedestrian links, and controlled pedestrian crossings on Steelhouse Lane and Cable Street and Traffic Management proposals in nearby residential streets • Cycle parking and motorcycle spaces should be allocated in the development • S106 for a Travel Plan will be required to cover some of the above points and to ensure education and safety of children, package of discounts for public transport and cycle use, car club if feasible on site, improved routes to public transport and pedestrian and cycle provision including towpath access to the canal [preferably by a bridge] • The layout of the Care Facility is not acceptable and requires amendments to improve access for ambulance/mini-bus services which need a clear pick up and drop of point; service vehicles ditto; better distribution of the disabled user parking spaces; cycle and motorcycle parking for staff and visitors; details of safe marked pedestrian routes for same; and frontage activity onto Cable Street. • The garages will be required to have minimum dimension of 2.8 x 5.5m by condition • Garages to be reserved for parking through condition • Gates to be 6m back from back of pavement • All kerb radii to meet minimum standards

7.4 Structures Section – require that details of infrastructure and foundations will be provided prior to the commencement of any development in order that the development’s impact on ground stability is fully assessed.

8 External consultees

8.1 British Waterways - have no adverse comments in relation to this proposal.

8.2 Severn Trent Water Ltd - request a drainage condition

8.3 Environment Agency - have objected to the application on the basis that the original Flood Risk Assessment submitted was inadequate however discussion between the applicant and the EA have led to the submission of supplementary information which is currently being considered by the EA.

45

8.4 ABCD New Deal for Communities have no adverse comments

8.5 Centro - state that there is no infrastructure affected by the proposal but that the frequency of bus services is very limited on evenings and Sundays and does not meet the Passenger Transport Authority’s minimum standards. Better access to public transport should be provided in conjunction with the development, the layout should allow for Ring and Ride services to manoeuvre and access the site easily and provision should be made for cycle storage and good pedestrian and cycle access and links across the whole development.

9 Appraisal

9.1 The key issues in respect of the proposal are: • the requirements of the development brief • transportation and parking provision • design and layout • environmental protection • S106 contributions

The requirements of the development brief. 9.2 The development brief was written for a larger area than the application site and requires a mixed use scheme providing 55% employment, 35% residential and 10% of other uses suggested as canalside leisure associated café/pub/shop. It required the provision of a canal basin, a canal bridge crossing to reach the towpath on the eastern side of the canal, public art, 25% affordable housing across the site, a boulevard from All Saints Church to the canalside and public open space.

9.3 The intention of the brief was set out how a developer should provide an attractive mixed use development with a range of housing types and some employment and the requirements in respect of a S106 legal agreement.

9.4 The type of employment proposed in this application differs significantly from the office and light industry envisaged in the brief. An assessment of the application and its contribution to meeting the brief in the current economic and policy climate has been undertaken by the Council’s advisors. This report will include an assessment of the financial viability report submitted by the developer. The full report has not yet been made available. However preliminary indications are that the proposed level of employment submitted in the application is considered acceptable.

9.5 The applicant has indicated that the scheme would not be financially viable if the affordable housing required by the brief were provided, that contributions for public open space could not be provided and any other S106 provisions are unlikely to be provided if the development were to be financially viable. Further analysis is required of the submitted financial viability report.

9.6 There is a requirement in the brief to provide access to the towpath by building a bridge over the canal in an appropriate location to encourage the use of the towpath by the occupants of the development and by the wider community. The towpath is a pedestrian and cycle route north to the city centre and south to Birmingham. Developers for both parts of the development brief site would be expected to contribute to the cost of a means of access to the tow path for this purpose, including lighting and surface marking. The costs associated with this are being explored by the developers of the adjoining site and British Waterways.

46 9.7 The application provides a ‘boulevard’ as required by the brief. An area of public open space is proposed at the junction between the two parts of the brief site which would provide a focal area and an area for informal play and recreation.

9.8 Public art is required by the brief within the application site. UDP policy D14 states that this may be waived if the viability of the scheme would otherwise be jeopardised.

9.9 As the proposal is a departure from the UDP designation as a Defined Business Area it must be referred to the Government Office West Midlands to establish if it will be called in for a decision to be made by the Secretary of State.

Transportation and parking provision 9.10 The site could not be defined as highly accessible as the distances from bus stops and the regularity of service is insufficient. Therefore unless adequate measures are introduced to improve access to public transport and cycle routes, parking provision in the development will be required at higher levels. These should be introduced through off-site works which include safe/controlled pedestrian crossings and accesses through to existing public transport networks or cycle routes.

9.11 The details of the most recent amended layout have been commented on by Transportation and while they are largely acceptable in terms of visibility splays and access points there are some significant deficiencies in the access to parking and layout for some of the dwellings and for the Care Facility site. Amendments will be required to split the parking courts, improve pedestrian routes through the Care Facility site, provide clear pick up and drop off points for ambulances, minibuses and other services. Cycle and motorcycle parking and redistribution of the disabled spaces to locations where they are most needed will also be required. An access from Steelhouse Lane in an appropriate position could be provided to split up the largest parking court however it is difficult to envisage how it could be split without changes to the overall layout of the south west corner of the proposal.

Design and layout 9.12 The brief requires the retention of some of the existing boundary wall around the site. The developer has confirmed that the slag wall would be retained if possible however it would need to be lowered and punctured in places for pedestrian and vehicular access. The retention of the wall and a methodology for the repair of areas of wall affected will be required through conditions.

9.13 The mix of perimeter block and traditional street forms of the development is generally acceptable. Parking is either within the curtilage of the dwellings, on street or within small parking courts. However, the latest amended plan [P10 Revision J] proposes one rear parking court for dwellings on Steelhouse Lane with 37 spaces. This is an unacceptably high number and should be subdivided to meet the recommended 10 spaces, or as close as possible.

9.14 The ‘care facility’ element of the application has been amended to create a secure perimeter block around parking and communal open space. This is acceptable in principle; however some amendment of the layout will be required to improve the arrangements for minibus and ambulance access and for staff, visitor and residents parking as referred to in paragraph 9.11.

9.15 The building line along all roads inside and outside the development is well defined. Some lengths are dominated by hard standing for the parking of cars on the front garden areas but are broken up with tree planting. The central reservation of the boulevard to the north is also used for parking and has tree planting to improve its impact. These arrangements are largely acceptable.

47 9.16 The heights proposed in the development are appropriate with 3 storey buildings overlooking the POS and lining the boulevard and southern access road and on corners with 2.5 storey dwelling houses along Steelhouse Lane and 3 storey buildings to accommodate the care facility.

9.17 The layout proposes 10 flats over garages or entrances to parking courts with little or no accessible amenity space which is not acceptable and these would be better as additional rooms to adjoining dwellings or removed from the development.

9.18 The 5 dwellings situated in a court area behind the gardens of houses on the north east of the site are not ideal however the site shape is awkward and in these circumstances I consider the dwelling court to be acceptable.

Environmental protection 9.19 The Environment Agency [EA] currently objects to the proposal on the basis that inadequate consideration has been given to all the flooding risks to the site and that better use might be made of sustainable water use and drainage methods. The agents have been asked to address these concerns and are in negotiations with the EA.

9.20 Conditions would be necessary to require proof that the previously approved remediation has been carried out satisfactorily, that any special structural requirements for foundations or roads will be provided before development commences and to carry out further site investigations and mitigation works on the remainder of the site.

S106 requirements. 9.21 Affordable housing, public open space, towpath access and public art would normally be required to be provided through a S106 agreement. UDP policy IMR2 states that in determining the nature and scale of benefits regard may be had to the economic viability of the scheme. The applicant states that the costs of the site remediation and the land costs at the existing use value result in a relatively low financial return. Further analysis is required of the submitted financial viability report.

9.22 The brief requires that 25% of the class C3 units are to be affordable. The C2 Care Facility retirement home elements could potentially provide a form of affordable housing to a restricted sector of the community if this was controlled through a S106 agreement.

9.23 There is a requirement for a financial contribution towards the off-site provision or enhancement of public open space and play facilities, as well as public art. The financial appraisal indicates that the full cost of POS contributions based on the dwellings in the proposal would result in a scheme which would not be financially viable. The independent assessment of the financial viability of the scheme will provide the basis for assessing the range and value of the S106 contributions in a comprehensive manner.

9.24 A S106 agreement should be entered into to provide some form of canal towpath access in partnership with the adjoining land owner.

9.25 The S106 should make provision for financial claw back if the development should prove to be more profitable than anticipated. In the interests of comprehensive development and the good planning of the area there should be a single S106 agreement to cover the whole of the brief site.

48 10 Conclusion

10.1 The application varies significantly from the brief. However given the current economic circumstances the principle of the proposed mix of uses is considered to be acceptable.

10.2 The layout of the south western block including the care facility should be amended due to the very large number of parking spaces in a single rear parking court.

10.3 The layout should be amended to take account of any issues raised by Transportation.

10.3 The objection of the Environment Agency must be addressed.

10.4 The application must be referred to Government Office of the West Midlands as a departure from Unitary Development Plan policy.

11 Recommendation

11.2 Delegated authority to approve subject to the GOWM response to referral and subject to:

(iii) satisfactory amended layout plans and Flood Risk Assessment (iv) negotiation (taking account of financial viability) and signing of a S106 agreement to include • provision and maintenance of on-site POS prior to the completion or occupation of more than 50 residential units on any part of the combined sites • affordable housing • management company for communal areas • provision of towpath access from Cable Street to Birmingham Canal • residential travel plan • work place travel plan • targeted recruitment and training • public art • provision of off-site open space contributions • phasing plan to include comprehensive development of whole of development brief area • claw back provisions • public access to canalside

(iii) any necessary conditions to include: • exterior of buildings to be completed in accordance with the approved details • maximum number of dwellings to be in accordance with floor plans that have been submitted and approved by local planning authority • C2 development to be for the care of the elderly only • restrict permitted development rights for attachments to dwellings • site investigation and scheme of mitigation for all of the site • details of building design • landscape details • materials • cycle stores • motorcycle/ cycle parking • parking for the disabled • boundary treatments • foundations or any subsurface construction

49 • sustainable drainage • external surface materials • lighting scheme for site • site remediation including for landfill gas • noise assessment and mitigation measures

Case Officer : Mizzy Marshall Telephone No : 551123 Head of Development Control – Stephen Alexander

50

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/01800/OUT Location Land At Steelhouse Lane/, Cable Street,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 392411 297761 Plan Printed 12.05.2008 Application Site Area 36872m2

51 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00223/FUL WARD: Blakenhall DATE: 14-Mar-08 TARGET DATE: 13-Jun-08 RECEIVED: 11.02.2008 APP TYPE: Full Application

SITE: Pumping Station, Goldthorn Hill, Wolverhampton, West Midlands PROPOSAL: Redevelopment of pumping station and adjacent land, comprising conversion of pumping station into 3 dwellings, erection of 4 town houses and an apartment block containing 9 units.

APPLICANT: AGENT: Severn Trent Water Roy Geden Design Services Ltd 2297 Coventry Road 19 Wetherby Way Birmingham Stratford Upon Avon B26 3PU CV37 9LU

COMMITTEE REPORT:

1. Site Description

1.1 The application site is located approximately 2km to the south of the city centre close to the junction of Goldthorn Hill and Upper Villiers Street. The site area is approximately 0.46ha.

1.2 To the west the site has a narrow frontage onto Upper Villiers Street. Also to the west the site is bounded by No.152 Goldthorn Hill (Grade II listed building); Goldthorn Hill is to the south. There are semidetached houses on Fowler Street to the east. To the north is a telecommunications tower and the garden of No. 68 Upper Villiers Street.

1.3 Opposite the application site is a large green open space occupied by a covered reservoir.

1.4 Access to the application site is gained from Goldthorn Hill.

1.5 The site is predominantly flat. However, at the former allotments site, there is a noticeable change in levels, where the site slopes down from the south to the north.

1.6 The eastern part of the site is owned by Wolverhampton City Council. It was used as allotments and is now land allocated for housing. Severn Trent Water owns the rest of the application site.

1.7 The site includes the locally listed Pumping Station, built in 1852. It is located at the southern end of the site, adjacent to the former station attendant’s house (No.150 Goldthorn Hill) which is also included in the site.

1.8 An air raid shelter is located in the south east corner of the site.

52 2. Application Details

2.1 The proposed development would have three main components, arranged around a new access road leading to Upper Villiers Street: • Conversion of the Pumping Station into three dwellings, • A terrace of 4 houses • A block of flats containing 9 units.

2.2 The Pumping Station would be retained and converted into three dwellings. One would be located in the tower which would be subdivided into a three storey building. The other two dwellings would be created out of the single storey part of the Pumping Station. Outbuildings which currently link No. 150 and the Pumping Station would be demolished.

2.3 The terraced houses would be located in the north-west part of the site adjacent to the rear garden of No.152 Goldthorn Hill and facing the new access road. The southern 2 houses would be two storeys only, while the northern 2 would be three storeys.

2.4 The block of flats would be located in the north-east corner of the application site, which is lower than the rest of the site. It would comprise 9 two bedroom apartments. Most of the units would have a good orientation and only three of them would be facing north. Secured access to the building would be gained through a gated car park and there would be a door entrance system. A refuse store and cycle storage would be provided.

2.5 Vehicular access would be from Upper Villiers Street. A new road would then lead into the site and divide to access 2 gated car parks, one either side of the Pumping Station. The terrace and Pumping Station would each front on to the new road. The flats would present a side elevation onto it as changing levels preclude it from fronting onto the road.

2.6 There would also be gated pedestrian access onto Goldthorn Hill from each of the 2 car parks.

2.7 A total of 29 parking spaces are proposed organised in the following manner: • In the south east car park, 12 parking spaces to serve the 9 flats (including disabled and visitor parking). • In the south west car park 11 parking spaces to serve the 3 dwellings in the Pumping Station, one of the terraced houses No. 150 and one visitor space. • 2 in-curtilage parking spaces for each of the 2 central terraced houses. • 2 parking spaces on the opposite site of the access road to serve the northern terraced house.

2.8 A cycle store for the flats is shown on the layout plan, but no elevations are provided.

Proposed Materials

2.9 For the new build, roofs would be of artificial slate with elevations of red brick.

3. Constraints

Allotment site Sites and Monuments Entry - Re-Pumping Station; Goldthorn Hill; Wolverhampton Policy: Housing Allocation and Strategic Regeneration Area Location: New Deals ABCD Area

53 4. Relevant policies

4.1 Local UDP policies: H1 Housing H4 Housing Allocations H5 Housing Renewal and Nbrhood Renewal H6 Design of Housing Development H8 Open Space, Sport and Rec. Req. new Dev. H9 Housing Density and mix D1 Design Quality D2 Design Statement D3 Urban Structure D4 Urban Grain D5 Public Realm Public Open Private Space D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance D10 Community Safety D11 Access for People with Disabilities part D12 Nature Conservation and Natural Features D13 Sustainable Development Natural Energy D14 The Provision of Public Art HE4 Proposals Affecting a Conservation Area HE17 Develop. Affecting the setting of a LB R1 Local Standards for Open Space, Sport R7 Open Space Requirements for New Develop. R9 New Open Space, Sport and Rec Facilities AM1 Access, Mobility and New Development AM2 Strategic Reg Area, Corridors Trnsp Inv AM8 Public Transport AM9 Provision for Pedestrians AM10 Provision for Cyclists AM12 Parking and Servicing Provision EP3 Air Pollution EP4 Light Pollution EP5 Noise Pollution

4.2 Supplementary Planning Guidance: SPG2 Access & Facil. People with Disabilities SPG3 Residential Development SPG16 Provision of Public Art

4.3 National Planning Guidance: PPS1 Delivering Sustainable Development PPS3 Residential Development PPG14 Development on unstable land

5. Publicity

5.1 The application was publicised by site and press notices and letters to neighbours.

5.2 Two letters of objection were received, from 71 Upper Villiers Street and No. 152 Goldthorn Hill which raise the following issues: • Density of the proposed development is too high. • The proposed access onto Upper Villiers Street will add to congestion on this road.

54 • Health concerns regarding electrical sub-station and consider too close to listed and locally listed buildings. • Refuse vehicle access. • Noise pollution. • No access for renovation for No. 151’s perimeter wall. • Effect of the proposal on TPO’s at No.151 Goldthorn Hill. • Effect on the air raid shelter. • Parking issues. • Security • Lack of green space for residents at the Pumping Station. • Flooding due to the area of tarmac.

6. Internal Consultees

6.1 Transportation Development –Have no objections subject to: • A kerb build-out into Upper Villiers Street is required which would involve the realignment of at least 50m of highway kerbing. • Double width driveway to the frontage of plot 5 is substandard as the southern part is less than 5.5m long. The recommended width for double width driveways with no alternative access to the main door is 5.6m. • Access road needs to be adopted. • Welcome packs including discounted or taster travel passes, local public transport information and plans indicating local cycle routes to all initial new residents should be distributed. • Access road to be designated as a 20mph zone. • S106 to cover cost of advertising the 20mph zone order. • Adopted access with gradients of less than 1:12 required. • Bin stores for both blocks of apartments should be within 25m of an adopted highway. • Bus stop sign at Upper Villiers Street would be too close to new access and needs relocating.

6.2 Conservation – No objections in principle to the proposed development subject to the following conditions: • Large scale drawings of all external details. • Local planning authority site inspection after the demolition of outbuildings attached to No.150 Goldthorn Hill and reinstatement of the external wall exposed, in accordance with agreed specifications and within 28 days of the competition of the demolition. • No vents, flues, satellite dishes, etc, prior approval. • Samples of all external materials and hard landscaping works. • Full details of proposed electrical sub-station and refuse storage facilities. • Details of all boundary treatments. Retaining gates and brick piers. • Public Art. • Recording of air shelter prior to demolition. • No more than 50% of the new residential units can be occupied prior the restoration of the existing building.

6.3 Planning Policy – The site is allocated in the adopted UDP for housing (allocation H9). The indicative capacity is 24, but 16 units is an acceptable final capacity (33 dwellings per ha) in accordance with policy H9. No affordable housing is required. Open space and play contribution is required.

6.4 Environmental Services – No objections subject to operational hour’s condition during the construction phase, a site investigation condition and further information for the applicant during the construction phase. 55

6.5 Parks & Contracts (Leisure) – The site is subject to an open space and play contribution which amounts to £57,225. This sum would be payable through a S106 Agreement, subject to the BCIS annual percentage increase from 1st March 2008 and payable before implementation works on site.

6.6 Comments are awaited from the following: • Archaeology • Property Services • Access Officer • Trees • Landscape • Economic Development

7. External Consultees

7.1 Severn Trent Water Ltd: No objection, subject to a drainage condition.

7.2 The Health Protection Agency: No observations.

7.3 Centro: No objection in principle. There is a bus stop that appears to be affected by the proposed access to the development. If any relocation is necessary, the full cost of this should be borne by the applicant. Relocation plans should be agreed by Centro, the highway authority and the bus operators, and appropriate consultation should take place.

7.4 Local and Neighbourhood Arrangements (LANA): No issues subject that the development would not exacerbate the current volume of traffic. It is not clear of where the former allotment site will be replaced.

7.5 ABCD – New Deal for Communities – No objections to the proposed development. However, there is a concern with regards to the apartment block due to the current market desirability for apartments.

8. Appraisal

8.1 The key issues under consideration are: • The principle of the development • Transport • Layout • External Appearance • Orientation and amenity • Security • Residential Amenity • Public Open Space Contributions • Affordable Housing • Public Art

The Principle of the Development

8.2 The site is designated in the Wolverhampton UDP as a housing allocation site. Policy H9 established a density for residential developments of 30-50 dwellings per ha. The density for the submitted scheme is 33 dwellings per hectare which is considered to be an appropriate density. The location of the site has reasonably good accessibility to public transport and close proximity to Parkfield Local Centre. There is no planning

56 policy requirement for the allotments to be replaced or for a compensatory payment.

8.3 The proposed development will improve the general environment of the surrounding properties in that the current site is vacant and it will be replaced by an attractive set of buildings in a landscaping setting, in keeping with the surroundings.

Transport

8.4 The proposed new access to the development would affect the current location of the closest bus stop in Upper Villiers Street. The relocation of the bus stop can be required by a condition.

Layout

8.5 The general arrangement of buildings, roads, pedestrian paths and private/communal amenity is acceptable.

8.6 The proposed small electrical substation could be housed in a building designed to respect the current settings of the listed 152 Goldthorn Hill and the locally listed Pumping Station.

External appearance

8.7 The submitted elevations, sections and proposed materials demonstrate that in terms of scale, proportions, character and design, the proposed development would maintain and respect the character and setting of the listed and locally listed buildings and the area as a whole.

Orientation and amenity

8.8 The houses, the Pumping Station tower and 6 of the flats would have a satisfactory orientation. However, 3 of the flats would face north. Because of the constrains of the site it is not possible to remedy this situation. However, the amount of daylight available to these flats could be maximised by replacing the windows to the lounge and principal bedroom of the ground floor flat with french windows and providing rooflights to the 2nd floor flat. This requirement could be conditioned.

Security

8.9 Boundary treatment in general are acceptable however, the applicant would need to provide further detailed information in regards to some internal boundary treatments. Details of entry control to pedestrian and vehicular accesses and of security measures to buildings can be required by condition.

Residential Amenity

8.10 Two of the dwellings in the Pumping Station would have only small patio gardens. However, because of the close relationship between the building and No.150, this cannot be remedied. Because the development involves bringing a historic locally listed building back into use, the small gardens are considered acceptable.

8.11 The 3 storey block of flats would be close to the boundary with the rear gardens of houses in Fowler Street. The east elevation facing those houses would only have small, obscured glazed, non-opening windows, which would prevent overlooking. The degree of separation between the flats and the rear of the nearest houses is considerate acceptable.

57 8.12 The proposed sub-station would be 10m from the nearest dwelling (No. 152) which is not an untypical separation distance and the Health Protection Agency said that they had no observations. Therefore, it is not anticipated that there would be any adverse health effects.

Public Open Space Contributions

8.13 UDP policy H8 states that any development of 10 dwellings or more will be required to contribute towards the provision and/or enhancement of open space, sport and recreation facilities sufficient to serve new residents.

8.14 There is no scope for providing on site facilities and so a financial contribution of £57,225 for off-site provision/enhancement is required, to be secured by a Section 106 Agreement.

Affordable Housing

8.15 This application was received before the Cabinet resolution to reduce the 25 units threshold to 15 units. Therefore, this application is to be determined on the basis of the old threshold and so there is no requirement for affordable housing.

Public Art

8.16 Public art provision is required up to 1% of the construction costs of the development.

9. Conclusion

9.1 The design, layout, access, size of buildings is acceptable.

10. Recommendation

10.1 Delegated authority to grant permission, subject to:

1. A Section 106 Agreement to include:

• Public Art • Financial contribution for recreational open space and play of £57,225 - BCIS indexed • Maintenance of public and communal areas • Access road to be 20mph zone and payment of advertisement cost. • Targeted recruitment and training.

2. Any conditions to include:

• PD rights removed for extensions. • Levels details including sections. • Drainage details. • Operational hours condition. • Bus stop on Upper Villiers Street to be relocated prior to commencement. • Programme of air raid shelter recording prior demolition. • Provision of motorcycle and cycle details. • Details of bin stores. • Large scale plans of all external details. • Site inspection after the demolition of outbuildings attached to and

58 No.150 Goldthorn Hill, reinstatement of the external wall exposed, in accordance with agreed specifications and within 28 days of the competition of the demolition. • No vents, flues, satellite dishes, etc, without prior approval. • Samples of all external materials. • Full details of proposed electrical sub-station. • Details of all boundary treatments, retaining gates and brick piers. • No more than 50% of the new residential units can be occupied prior the restoration of the existing building. • Necessary highway works to Upper Villiers Street to be implemented prior to occupation of first dwelling. • Roof lights to flat 12 and french windows to flat 9. • Site and building security measures. • Amendment to parking provision for house 5 (relocate 1 space from frontage into south-west car park). • Landscaping. • Windows with east elevation of block of flats to be obscure glazed and non-opening.

Case Officer : Marcela Quiñones Telephone No : 555607 Head of Development Control – Stephen Alexander

59

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00223/FUL Location Pumping Station, Goldthorn Hill,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 391035 296692 Plan Printed 12.05.2008 Application Site Area 4638m2

60 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00399/FUL WARD: St Peter's DATE: 20-Mar-08 TARGET DATE: 19-Jun-08 RECEIVED: 20.03.2008 APP TYPE: Full Application

SITE: 182-183 Stafford Street, Wolverhampton, West Midlands, WV1 1NA PROPOSAL: Conversion to 6No. 2 bed and 6No. 1 bed apartments.

APPLICANT: AGENT: Start Estates Ltd Mr James Bavin 29 Homer Road S R Davis Architects Solihull Harborne Court West Midlands 67-69 Harborne Road B91 2QG Birmingham B15 3BU

COMMITTEE REPORT:

1 Site Description

1.1 No. 182 Stafford Street is located on the corner of Stafford Street and Whitmore Street. It was originally purpose-built as offices for the then School Board. It is a predominately red brick building with terracotta detailing and includes tall sliding sash windows on lower ground and first floors with a tiled roof.

1.2 Stafford Street is one of the main entrances to the north-east of the city centre. To the rear of the site is the Good Shepherd Centre which provides accommodation and support for homeless people.

1.3 The application site is within the Wolverhampton City Centre Conservation Area. More specifically, it lies within ‘Area 3: Broad Street and Stafford Street’. This area is characterised by 19th century buildings predominately built with red brick, stone bandings and Welsh slate roofs.

1.4 The building was last used by Wolverhampton University and was subdivided, somewhat unsympathetically, to create office units.

2 Application details

2.1 This application deals with the change of use of the property, and alterations to the internal layout of the premises, to provide 12 apartments, 6 with one-bedroom and 6 with two-bedrooms.

2.2 On the lower ground floor there is an existing generous ‘light well’ around the perimeter of the building. This allows natural daylight to permeate below pavement level. The proposal includes subdividing the lower ground floor to provide 3 apartments and shared areas.

2.3 The ground floor will provide the main communal entrance and circulation area to the building, together with 3 apartments. The rear of the site would be a service yard/area accessed through gates from Whitmore Street.

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2.4 The first floor would accommodate six apartments. These apartments would include the insertion of mezzanine floor areas.

3 Planning History

3.1 A separate Planning Application (07/01793/FUL) was submitted which dealt with the repair and refurbishment of the existing external envelope of the building. This application was granted on the 3rd of April 2008.

3.2 Another application is currently under consideration at the adjacent property, 184 Stafford Street (08/0377). This building was also previously used by the University but is now vacant. That application seeks to alter the use of the premises to a drinking establishment and restaurant (Use Class A3 & A4).

4 Constraints

4.1 Conservation Area - : W'ton City Centre Conservation Area

5 Relevant policies

5.1 National Policies

PPS1 Delivering Sustainable Development PPG3 Housing PPG15 Planning and the historic environment PPG24 Planning and noise

5.2 UDP Policies

D1 Design Quality D5 Public Realm Public Open Private Space D6 Townscape and Landscape D9 Appearance D10 Community Safety D11 Access for People with Disabilities part EP1 Pollution Control EP3 Air Pollution EP4 Light Pollution EP5 Noise Pollution HE1 Preservation of Local Character and Dist HE3 Preservation and Enhance. of Con. Areas HE4 Proposals Affecting a Conservation Area HE5 Control of Development in a Con. Area HE6 Demolition of Buildings Structures in Conservation Area HE7 Underused Buildings Structures in Conservation Area HE8 Encouragement of Appropriate Residential Development in CA HE9 Relaxation of Normal Standards in a Conservation Area HE10 Removal of PD Rights in a Con. Area HE11 Shopfronts and Advertisements in a CA H7 Conversion of Buildings from Non-Residential to Residential AM1 Access, Motabaility and New Development AM10 Provision for Cyclists AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security

62 CC3 City Centre Housing CC5 City Centre Access and Mobility CC7 Cultural Quarter

5.3 Supplementary Planning Guidance

SPG3 - Residential Development SPG16 - Provision of Public Art

6 Publicity

6.1 The application was advertised via Press & Site notices. Direct notification was also sent to neighbouring occupiers. No letters of objection have, so far, been received.

7 Internal consultees

7.1 Conservation – The proposed change of use is welcome. It brings a vacant property, in a significant City location, back into use and carries out repairs and restoration work that is much needed.

7.2 Planning Policy – Comments awaited

7.3 Building Control – Appears satisfactory

7.4 Transportation Development – Comments awaited

7.5 Environmental Services – The site is subject to road traffic noise. In addition the site may be subject to late night disturbance from noise associated with the use of adjoining retail and restaurants which are in close proximity. The applicants should therefore submit a detailed acoustic insulation scheme for those habitable rooms facing onto and perpendicular to Stafford Street.

8 Appraisal

8.1 The key issues in determining this application are:

• The acceptability of the proposed use • Effect on Conservation Area • Residential Amenity • Transportation • Public open space and play provision

Acceptability of the proposed use.

8.2 Despite numbers growing in recent years, the City Centre still has a relatively low residential population. Policy CC3, City Centre Housing, states that the authority will continue to promote new and refurbished housing schemes as part of a sustainable mix of uses. Although this application is entirely for residential purposes, it should be seen as supporting the promotion of a wider mix of uses within the Cultural Quarter.

Effect on Conservation Area

8.3 As previously stated, 182 Stafford Street is located within the City Centre Conservation Area. It is also designated as a ‘Building of Townscape Merit’ within the City Centre Conservation Area Appraisal (2007). This application proposes no alterations to the

63 external envelope of the building. Improvements to facades, including new railings and replacement windows have already been approved for Townscape Heritage Initiative grant aid funding and given planning permission.

8.4 Further detail is required with regard to apartments 10 and 11, which are situated on the first floor. These are both two-bed roomed apartments and to accommodate the additional bedroom the proposed mezzanine floors extend close to the windows along the Stafford St frontage. More information is required as to how these mezzanine floors will appear when viewed from the street and how the ‘exposed’ sections will be treated.

Residential Amenity

8.5 Policy H7 states that proposals for conversion of non-residential to residential use will be encouraged subject to, amongst other things, compatibility with adjacent uses.

8.6 There is currently minimal conflict between future residents and the noise disruption of adjacent properties. As previously stated there is the possibility of the adjacent property being used for a restaurant/drinking establishment. If approval is granted for this then the potential for conflict will increase. However, it is considered that the risk is still minimal and any disturbance can be mitigated. The matter could be dealt with by a condition.

8.7 No private amenity space is proposed, however this not considered unusual or unacceptable for a city centre site.

Transportation

8.8 Detailed comments regarding Transportation are awaited. However, the site is located within the City Centre and therefore the occupants would have very good links to public transport. No on-site car parking is proposed although vehicular access to the building would be provided for servicing and refuse purposes from Whitmore Street. Details of, secure, cycle storage could be required by condition.

Public Open Space and Play Provision

8.9 There will be requirement for a financial contribution towards the off site provision or enhancement of public open space and play facilities (BCIS indexed) secured through a Section 106 agreement.

9 Conclusion

9.1 Overall, the proposal is welcomed as it would help bring this attractive building back into use, provide quality city centre living and continue the regeneration of the City Centre. However, despite being acceptable in general terms, there are some points of detail which require further information to be provided.

64 10 Recommendation

10.1 Delegated authority to grant permission, subject to:

1. No major issues being raised from outstanding consultees 2. Satisfactory details relating to mezzanines

3. A S106 to secure open space/play contribution (BCIS indexed)

4. Conditions to include:

• Refuse storage/collection • Submission of a scheme for ventilation and odour control to be approved before first use or occupation • Noise survey & mitigation • Restriction of service hours • Details of cycle/motorcycle storage facilities • Gates to service area • No external meter boxes, vents, flues, aerials, satellite dishes etc without written approval. • Works approved by application 07/01793/FUL to be completed prior to occupation.

Case Officer : Richard Pitt Telephone No : 551674 Head of Development Control – Stephen Alexander

65

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00399/FUL Location 182-183 Stafford Street, Wolverhampton,West Midlands,WV1 1NA Plan Scale (approx) 1:1250 National Grid Reference SJ 391562 298903 Plan Printed 12.05.2008 Application Site Area 423m2

66 PLANNING COMMITTEE - 20-May-08

APP NO: 07/01760/OUT WARD: Ettingshall DATE: 25-Feb-08 TARGET DATE: 26-May-08 RECEIVED: 17.12.2007 APP TYPE: Outline Application

SITE: Land At Gordon Street, Wolverhampton, West Midlands, PROPOSAL: Residential development comprising the erection of 4No. 2 bedroomed apartments, 16No. 3 bedroomed houses, 11No. 4 bedroomed houses and 8No. 5 bedroomed houses. (Outline Application).

APPLICANT: AGENT: ABCD Lathams Architects (CM) Suite A2 (Annexe) St Michaels St John's House Queen Street St John's Square Derby Wolverhampton DE1 3SU WV2 4AT

COMMITTEE REPORT:

1 Site Description

1.1 The site covers an area of just under 1 hectare, approximately 1.5km south of the city centre and within the ABCD Regeneration Area. Although this area does not form part of a conservation area, it does have a very strong townscape which is characterised by 19th and 20th century terraced properties. The site has been vacant for many years following the demolition of a number of those terraced properties and has an unsightly appearance, with fly-tipping a particular problem.

1.2 To the North of the site is the Royal Hospital redevelopment site, to the East Steelhouse Lane and to the South is Granville St. Towards the south-west of the site there is an area of ‘managed’ public open space but this does not appear to be well used. The surrounding area is predominantly residential although there is a spattering of commercial units and the east of Steelhouse Lane is predominantly industrial in nature.

1.3 At present there is no vehicular access to Gordon St from Steelhouse Lane. There are currently no proposals to reopen this route.

2 Application details

2.1 The application seeks outline approval, with all matters apart from access reserved for future consideration. However, the application also specifies the quantum of development namely 39 dwellings, comprising 16 three-bedroom houses, 11 four- bedroom houses, 4 two-bedroom and 8 five-bedroom houses. At the heart of the scheme is a linear communal ‘park’. A master plan for this site was approved in 2000 following public consultation; the proposal is largely in accordance with that plan.

67 3 Relevant policies

3.1 National Policies

PPS1 - Delivering Sustainable Development PPS3 - Housing

3.2 UDP Policies

D1 Design Quality D3 Urban Structure D4 Urban Grain D5 Public Realm Public Open Private Space D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance D10 Community Safety D11 Access for People with Disabilities part D14 The Provision of Public Art EP1 Pollution Control EP3 Air Pollution EP4 Light Pollution EP5 Noise Pollution EP9 Sustainable Drainage Arrangements for Dev HE1 Preservation of Local Character and Dist R3 Protection of Open Space, Sport and Rec. R7 Open Space Requirements for New Develop. H1 Housing H3 Housing Site Assessment Criteria H6 Design of Housing Development H8 Open Space, Sport and Rec. Req. new Dev. H9 Housing Density and mix H10 Affordable Housing AM1 Access, Motabaility and New Development AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security CC11 All Saints and Royal Hospital Area

3.3 Supplementary Planning Guidance

SPG 3 – Residential Development SPG16 – Public Art Land at Gordon Street – Masterplan (2000) SPD – Affordable Housing

4 Publicity

4.1 The application was advertised via Press and Site Notice. Direct notification was also sent to neighbouring occupiers. Two letters of objection have been received. One individual is concerned that the proposal would prevent access to the rear of their property. Furthermore, the owner to the grocery shop on the corner of Steelhouse Lane/Gordon St is concerned with the possible impact of the existing retail unit on the residential amenity of future occupiers and any restrictions on the business which might be necessary as a result.

68 5 Internal consultees

5.1 Neighbourhood Renewal - Support this key strategic development.

5.2 Transportation Development – Comments Awaited.

5.3 Archaeology - No archaeological implications.

5.4 Environmental Services - The proximity of Steelhouse Lane raises issues with regard to road traffic noise. Consequently, the applicant should be required to submit details of a comprehensive noise insulation package, detailing acoustic insulation proposals, having regard to internal noise criteria and recommendations of British Standard 8233:1999 (Sound Insulation and Noise Reduction for Buildings).

5.5 In addition, the previous use of the land may have lead to unacceptable levels of contamination, which could affect the redevelopment of the site. A site investigation should therefore be carried out and any necessary remediation action undertaken prior to development.

5.6 Access - No planning implications.

5.7 Parks & Contracts - As the development involves the building of 10 or more properties and makes provision for 1167 sq m of new on-site public open space, off-site open space and play contributions will be needed to make up for the deficiency in open space provision for the 29 dwellings will be £206, 407 collected through a S106 Agreement when 50% of all new dwellings have been occupied or within two years of the start on site of construction of the dwellings which ever is sooner.

6 External consultees

6.1 Severn Trent Water Ltd - No objection subject to standard condition requiring the inclusion of sustainable drainage techniques and an assessment of the geological and hydrogeological context.

6.2 Environment Agency - Object to proposed development as no Flood Risk Assessment has been provided. Although the site is located with Flood Risk Zone 1 (Low Risk), as the site is larger than 1 Ha a flood risk assessment is required to be submitted.

7 Appraisal

7.1 The proposal is to be considered in light of the following key issues:

• Layout • Scale & Appearance • Parking & Access • Residential Amenities • Open space requirements

Layout

7.2 ‘Layout’ is reserved for subsequent approval. The layout provided is illustrative only. The proposal seeks to repair the urban fabric which was torn following the demolition of the terraced properties which previously existed on the site. The majority of the proposed properties with the proposal are set slightly further back than the existing terraced properties in order to accommodate on-plot parking spaces and a front garden space.

69

7.3 The proposal would help provide enclosure, defensible space, definition of public and private realm and a layout with secure private amenity space.

7.4 The indicative orientation of habitable rooms helps provide a more active frontage with overlooking of the public realm and allowing the main living spaces to take advantage of southerly aspects in accordance with the Council’s UDP design policies.

7.5 The indicative layout is considered to be broadly acceptable.

Scale & Appearance

7.5 Scale and appearance are reserved for subsequent approval. Nevertheless, illustrative elevations have been submitted which show a mixture of two and three storey, semi- detached and detached, properties with a contemporary appearance and corner units that have been designed to specifically ‘turn’ the corner and provide a high-level of natural surveillance.

7.6 The illustrative street scene for the south side of Gordon Street shows new 3 storey houses immediately adjacent to the existing 2 storey houses. While 2 and 3 storey buildings are considered to be an appropriate scale. It is considered that the new houses, adjacent to the existing terrace, would be so different in terms of form, scale, building line and external appearance that they would not be polite neighbours and would not provide a harmonious streetscene.

7.7 Although the application specifies the number of dwellings and mix of dwelling types, the actual number and mix will be determined at the reserved matters stage when details of layout and scale are submitted for determination.

Parking & Access

7.8 Highway comments are awaited.

Residential amenity

7.9 The proposed redevelopment would improve the general environment for surrounding properties in that the site is currently vacant and in a state of disrepair and would be replaced by buildings in a landscaping setting which, subject to approval of appropriate details at the reserved matters stage, would be attractive and in keeping with the surrounding.

7.10 The illustrative layout would respect the privacy, daylight and outlook of occupiers of adjacent dwellings as well as providing potential occupiers with a satisfactory level of amenity.

7.11 The private amenity areas are of a sufficient size to support the proposed dwellings.

Public Open Space & Affordable Housing

7.12 There is a requirement for 20% affordable housing and a contribution towards public open and play provision (BCIS indexed).

8 Conclusion

8.1 The site is suitable for residential development. Access is the only matter submitted for determination and is considered broadly acceptable, although Transportation comments are awaited.

70

8.2 The illustrative material shows a development with a broadly acceptable layout and scale, but external appearance needs further work and the disposition of 3 storey buildings needs amendment.

9 Recommendation

9.1 Delegated authority to grant subject to:

1. Submission of a satisfactory Flood Risk Assessment

2. No major issues being raised from outstanding consultees

3. Negotiation of a S106 to secure 20% affordable housing, public art and open space play contribution (BCIS indexed), Targeted Recruitment & Training

4. Conditions to include:

• Submission of materials sample panel • Landscaping implementation • Drainage • External lighting • Details of cycle/motorcycle stores • Remote control gates to communal parking • Construction management plan • Amenity space provided as shown • Site investigation • Noise attenuation scheme • No external meter boxes, vents, flues, aerials, satellite dishes etc without written approval. • Exterior of the building to be completed in accordance with approved plans and details prior to occupation • Permission for a max of 39 dwellings, the exact number to be determined on the submission of detailed floor plans.

Case Officer : Richard Pitt Telephone No : 551674 Head of Development Control – Stephen Alexander

71

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/01760/OUT Location Land At Gordon Street, Wolverhampton,West Midlands, Plan Scale (approx) 1:1250 National Grid Reference SJ 392032 297985 Plan Printed 12.05.2008 Application Site Area 12621m2

72 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00360/FUL WARD: Heath Town DATE: 11-Mar-08 TARGET DATE: 10-Jun-08 RECEIVED: 11.03.2008 APP TYPE: Full Application

SITE: Land And Buildings To The East Side, Cambridge Street, Wolverhampton, West Midlands PROPOSAL: Residential development comprising the erection of 14No. apartments and 24No. houses and associated works.

APPLICANT: AGENT: Mr Mike Haywood Mr Nick Wilson Haywood Developments Ltd ID Architects Dog Lane Lichgate House Bewdley High Street Worcestershire Pattingham DY12 2EF Wolverhampton WV6 7BQ

COMMITTEE REPORT:

1.0 Site Description

1.1 This 0.44ha application site is part of the former maintenance depot for Springfield Brewery and is located on the opposite side of Cambridge Street from the former brewery, which is a grade 2 listed building. The application omits the existing building on the east side of the depot site, which is the subject of a separate application.

1.2 To the north, fronting Cannock Road, is a petrol filling station with car wash. To the east are houses in Yarwell Close. To the south is public open space and beyond that a community centre.

1.3 The former maintenance depot is largely enclosed by an historic high wall, similar to the wall which surrounds Springfield Brewery. It has the form of a rectangle, 142m by 40m, but with the south east corner missing.

1.4 The site is located within the Springfield Conservation Area, Canal side Quarter and the City Centre.

2.0 Application Details

2.1 The application is to provide a residential scheme of 38 dwellings (14 flats and 24 houses) comprising: • 10 two bedroomed • 23 three bedroomed • 1 four bedroomed

2.2 The agents state that all the dwellings will be affordable and managed by a housing association.

2.3 Vehicular access is proposed from Cambridge Street and a new pedestrian access is proposed to the adjacent public open space.

73

2.4 The houses are arranged in 3 terraces, each adjoining the northern, eastern and western boundary walls respectively, north of the vehicular access. The flats would be in a block located to the south of the access, fronting onto Cambridge Street.

2.5 Adjacent to the northern boundary would be a terrace of 6 houses - 3 three storey houses in the centre and a two storey house at each end. No windows are proposed in the north elevation, to protect residents from noise and fumes from the Cannock Road and petrol station and to ensure that the future redevelopment of that site is not prejudiced. Natural light would be gained from the south. Each house would have a small front garden. The eastern end house would have a larger enclosed side garden. The 3 storey houses would have a south facing 2nd floor roof terrace.

2.6 The terrace adjacent to the eastern boundary would comprise 8 two storey houses. No windows are proposed in the east elevation to avoid overlooking of houses in Yarwell Close. Natural light would be gained from the west and the two end houses would also have windows in the side elevations. Each house would have a small front garden. The northern end terrace would also have a larger enclosed side garden.

2.7 Adjacent to the boundary with Cambridge Street is proposed a terrace of 10 houses. Nine would be 2 storey and have a distinctive ‘sawtooth’ roofline. The southern end house would be part three storey. There would be no ground floor windows in the Cambridge Street elevation of the 9 two storey houses but ground floor back rooms would benefit from a glazed panel in the 1st floor roof terrace. Each of the 10 houses would have 2 parking spaces in-curtilage.

2.8 The block of 14 apartments would occupy the south-west corner of the site, fronting onto Cambridge Street with just a small setback. The northern half of the building would be 3 storey. The southern half would be 4 storey. There would be 2 stair towers, accessible from the street and rear car park. Additionally, the four ground floor flats would have individual front doors onto Cambridge Street. Outside amenity space would be in the form of a small communal surface level area at the rear and communal roof gardens. Also, 8 of the 10 upper floor flats would have private balconies. It would be possible for ground floor flats to have small private terraces on the frontage, but these are not shown.

2.9 A variety of materials are proposed, including red brick, render and timber cladding and metal cladding of various colours, with standing seam metal roofs.

2.10 The western terrace would provide 2 in-curtilage parking spaces per dwelling. Other dwellings would be served by communal parking, with 37 spaces for the 28 dwellings (1.33 spaces per dwelling). No disabled or motorcycle parking is shown. Some cycle parking is shown within the apartment block. The houses would have no cycle parking.

3.0 Planning History

05/1157/FP 24 dwellings, access, parking. Granted 9th October 2006. Expires 8th Oct 09. 08/00572/FUL Conversion of existing building to create 8No. 2 bed houses and 1 No. 3 bed house and associated works. Decision pending.

74 4.0 Constraints

Springfield Brewery Conservation Area Current Open Space Canalside Quarter Wton City Centre Inset

5.0 Relevant Policies

D1 Design Quality D3 Urban Structure D4 Urban Grain D5 Public Realm D6 Townscape and Landscape D7 Scale – Height D8 Scale – Massing D9 Appearance D14 The provision of public art EP1 Pollution Control EP5 Noise pollution EP8 Water supply arrangements for development EP11 Development on contaminated or unstable land HE1 Preservation of Local Character and Distinctiveness HE3 Preservation and enhancement of Conservation Areas HE4 Proposals affecting a Conservation Area HE5 Control of development in a Conservation Area HE7 underused Buildings and Structures in a Conservation Area HE8 Encouragement of appropriate redevelopment in Conservation Areas HE9 Relaxation of Normal Standards in a Conservation Area HE22 Protection and Enhancement of the Canal Network B10 Redevelopment of Business Land and Premises R4 Development adjacent to open spaces R7 Open space requirements for new development H1 Housing H6 Design of Housing development H8 Open Space, Sport and recreation requirements for new housing developments H9 Housing density and Mix H10 Affordable Housing AM7 Travel Plans AM8 Public Transport AM9 Provision for pedestrians AM10 Provision for Cyclists AM12 Parking and serving provision CC3 City Centre Housing CC12 Canalside Quarter

6.0 Publicity

6.1 The application was advertised by site and press notices and letters to neighbouring occupiers.

6.2 Eleven letters have been received, which make the following points;

• The current height of the wall already overshadows and blocks light, the new proposal is a great deal higher and will exacerbate the situation.

75 • The plans have been centred around out of date aerial photographs, many of the property perimeters have changed. • The roof garden on the back of the proposed properties will cause lack of privacy to the homes on the Yarwell Estate. There will be overlooking issues over gardens, living / dining rooms and through bedroom windows. • Devaluation of properties • Gardens already subject to traffic and pedestrians and this development will make the situation worse.

7.0 Internal Consultees

7.1 Urban Design and Conservation Group:- The submitted proposals exclude the restoration of the existing fire damaged buildings. Redevelopment must be considered as a comprehensive package, to ensure the restoration works are carried and subsidised by the new build. The apartment parking will need to be secured through the use of a gate. The use of render throughout the scheme is not acceptable. Red Brick is the dominant material within the Conservation Area and is therefore an essential part of the character. Suggest that the palette of materials is revised to include red brick walling with a more limited use of render to create visual interest. Typical details of window details, reveal depths, eaves, verge, and parapet details, RWG details; balconies, railings, boundary treatment to be submitted for consideration to ensure an appropriate level of quality is achieved.

7.2 The Access Officer points out that the development must comply with part M of the Building Regulations. There is no disabled parking. . 7.3 Neighbourhood Renewal comments that affordable housing will be required, comprising 4 flats rented and 4 houses in shared ownership.

74 Environmental Services recommend conditions to cover sound attenuation, contaminated land and air quality.

7.5 Transportation comments awaited.

8.0 External consultees

8.1 Centro has no objections in principle. Recommend cycle parking and a Travel Plan promoting sustainable travel to and from the development - welcome pack for residents including public transport timetables, cycle maps, and walking information.

8.2 Wolverhampton Development Company:- Development is appropriate in principle. There is an opportunity for a more comprehensive scheme, incorporating the adjacent area of open space fronting Yarwell Street. Poor levels of amenity space. The existing area of Council owned POS is isolated and does not fit in well with the surrounding area. Layout shows rooms without window openings, or single aspect windows serving two rooms leading to poor levels of natural daylight and ventilation. No details have been provided of the arrangements for affordable housing.

8.3 Severn Trent Water has no objection subject to a condition concerning drainage details, to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

76 9.0 Appraisal

9.1 The key issues are: • Loss of employment site. • Suitability for residential development. • Design and Impact on conservation area and setting of listed building. • Impact on adjacent public open space. • Residential amenity • Access and parking. • Affordable housing. • Public Open Space • Public art.

Loss of Employment Land 9.2 UDP policy B10 seeks to protect employment sites from redevelopment for other uses, unless certain criteria are met. However, in this case there is an extant planning permission for residential development, granted on 9th October 2006 under the current adopted UDP. The loss of the site for employment purposes has therefore been accepted.

Suitability for Residential Development 9.3 The site is previously developed land close to the city centre and it has already been accepted as suitable for residential development and there are no material changes in planning circumstances which would alter this decision. The development is therefore considered acceptable in principle.

Design and Impact on Conservation Area and Setting of Listed Building 9.4 The site is in a Conservation Area and the proposed development would affect the setting of the listed Springfield Brewery.

9.5 The development of the site is constrained by the boundary wall, which is important to the Conservation Area and the setting of the listed building. The proposed development works with this constraint, to provide a largely inward facing development, within the boundary walls. This approach also avoids potential problems of overlooking of houses to the east and air quality and noise problems relating to Cannock Road and the petrol station to the north. While some compromises have had to be made with regard to normal natural light and garden size standards, it is considered that in the circumstances, the design solution is acceptable.

9.6 There are concerns that the prominent use of render, particularly fronting Cambridge Street would not be in keeping with the conservation area and setting of the listed building. Additionally, five different cladding materials are proposed and it is considered that the applicant should consider a more limited palette. Therefore it would be appropriate to condition materials.

9.7 The existing building is in a state of disrepair and does not form part of this application. However, a condition could be applied to ensure that the renovation of this building is carried out.

Impact on Adjacent Public Open Space 9.8 The adjacent open space is designated as such in the UDP.

9.9 The proposed development would satisfactorily address the open space and increased surveillance would help to deter crime and anti-social behaviour. A gate leading to the open space from the apartment block car park would make the space more accessible for residents of the flats. The gate could only be provided with the agreement of Leisure Services.

77 Residential Amenity 9.10 A number of residents have raised issues of overlooking, loss of privacy and overbearing impact, based on the initial plans which showed roof gardens facing Yarwell Close. Amended plans omit these and there would be no windows facing the houses to the east.

9.11 The proposed houses adjacent to the eastern boundary would be only 2 storey and it is not considered that they would have an overbearing impact on existing houses or lead to an unacceptable loss of light.

9.12 Although amenity space provision is significantly less than normal requirements, it is considered that in the context of developing within the historic walls, it is acceptable. The very close proximity of an area of public open space helps in this regard. The relationship between the buildings in terms of privacy and overlooking is also considered to be acceptable.

9.13 Environmental Protection raise a concern that fumes from the adjacent petrol station may cause a nuisance. However since this issue was highlighted amendments have been undertaken which have relocated the roof gardens to the other side of the building and no windows are proposed on the petrol station side of the buildings. A condition could be attached to any permission requiring a noise and air quality study to ensure that noise and fumes from the Cannock Road and petrol station are minimised.

Access and Parking 9.14 Transportation comments are awaited. However, it is anticipated that there will be an objection to the lack of disabled, cycle and motorcycle parking.

9.15 Access (vehicular and pedestrian) to the car park serving the apartment block should be gated, with access for residents only. This can be required by condition.

Public Open Space 9.16 UDP policy H8 requires housing developments of 10 dwellings or more to contribute towards the provision and/or enhancement of open space, sport and recreation facilities sufficient to serve new residents. There is no scope for the on-site provision of space or facilities and so a contribution of £173,114 is required.

Affordable Housing 9.17 As the site is within the City Centre Inset area in the UDP, there is a requirement for 20% affordable housing. The need is for 4 flats for rent and 4 houses in shared ownership.

Public Art 9.18 Policy D14 seeks to negotiate the provision of public art, to a value of 1% of construction costs, on all major developments.

10.0 Conclusion

10.1 The previous application establishes a principle for residential development on the site.

10.2 The design is appropriate in the context of the designated status of the site provided that the materials palette is addressed.

10.3 The proposed development would not have a unacceptably detrimental impact on the amenity of neighbours and would offer a satisfactory level of amenity to future residents.

10.4 Transportation comments are awaited.

78

10.5 There is a requirement for a public art contribution, affordable housing and public open space.

11.0 Recommendation

12.1 Grant, subject to:

• Satisfactory resolution of any adverse comments from Transportation.

• Section 106 agreement to secure: o Contribution of £173,114 (BCIS indexed) towards the provision and/or enhancement of off-site open space, sport and recreation facilities. o 20% affordable housing - 4 flats for rent and 4 houses in shared ownership. o Public art (1% of construction costs). o Management of communal areas. o Targeted recruitment and training

• Conditions to include: o Large scale drawings of all external architectural elements. o Noise and air quality reports and mitigation. o Site investigation and mitigation for contamination. o External materials and sample panel. o Landscaping. o Car, cycle and motorcycle parking – details and provision. o No vents, flues, meter boxes, aerials, satellite dishes or other fixtures or fittings to be fixed to the exterior of the building without prior written consent. o Security measures for buildings and apartment block car park. including gates and access control. o Drainage. o Exterior of the building to be completed before occupation. o Removal of pd rights for new openings in outward facing elevations of houses. o The historic building to be made weathertight and secure prior to commencement of development and to be converted/renovated in accordance with planning permission prior to occupation of more than 50% of the dwellings. o External lighting. o Boundary treatments.

Case Officer : Charlotte Ward Telephone No : 551357 Head of Development Control – Stephen Alexander

79

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00360/FUL Location Land And Buildings To The East Side, Cambridge Street,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 391913 299543 Plan Printed 12.05.2008 Application Site Area m2

80 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00290/FUL WARD: Fallings Park DATE: 05-Mar-08 TARGET DATE: 04-Jun-08 RECEIVED: 26.02.2008 APP TYPE: Full Application

SITE: Wood Hayes Inn, Wood End Road, Wolverhampton, West Midlands PROPOSAL: Erection of nursing home.

APPLICANT: AGENT: Elysian Care Ltd Etc Design Ltd Knoll House Nursing Home 2 Carries Fold The Avenue Church Road Penn Wombourne Wolverhampton West Midlands WV5 9DH

COMMITTEE REPORT:

1. Site Description

1.1 This site is located on the edge of the city boundary and adjoining South Staffs on the edge of an established residential area. The site was formerly the Wood Hayes Public House which closed in 2006 and now remains vacant. The existing building on site is two storeys in height and turns the corner from Wood End Road into Blackhalve Lane but is set back from the road by between 11m and 20m. The majority of the large frontage has been hard surfaced for parking and the rear garden has been covered with concrete slabs.

1.2 The site is positioned on a busy junction which is controlled by traffic lights. There are two vehicular accesses to the site; one adjacent to 434 Wood End Road and one opposite Woodhayes Farmhouse on Blackhalve Lane approx 50m from the traffic lights.

1.3 The site itself is approximately rectangular in shape and approx 0.35ha. Directly adjoining the site to the east is open countryside which is green belt and within the boundary of South Staffordshire Council. There is a 1.8m high concrete panel fence on this boundary.

1.4 To the south is 434 Wood Hayes Lane, a modern detached house with hipped roof and single storey rear projection and first floor landing window on the side facing the site. There is a concrete panel fence on the boundary and a row of dense conifers on the neighbours’ side approx. 6-7m high. To the north-west on the diagonally opposite corner is a group of 4 retail units in Blackhalve Lane. To the north on the opposite side of Blackhalve Lane is 2 Wood End Road which is a bungalow and adjacent to this Woodhayes Farmhouse, a two storey house with a landscaped frontage.

2. Application details

2.1 The proposal is to demolish the public house and replace it with a 69 bedroom nursing home for the elderly. Each bedroom would have an en-suite bathroom and there would

81 be communal lounge and dining facilities. The main entrance is proposed on the corner of Wood End Road and Blackhalve Lane.

2.2 The building footprint would be an angular 'C' shape fronting Wood End Road and turning the corner at a right angle into Blackhalve Lane. The building would be positioned 1.8m closer to the road than the original building on the west side and would follow the same building line as the original building on the north elevation fronting Blackhalve Lane. The eastern arm of the ‘C’ would be parallel to the eastern side boundary with the adjoining field

2.3 The new building would create a footprint of 1,126sqm. The proposed building would have 3 main pitched roof parts linked by flat roofed glazed circulation towers. The building height is described as 2.5 storeys but has the scale and appearance of a three storey building. The layout of the second floor would be identical to the first floor. The eaves of the building would be 1.3m higher and the overall height of the roof would be 2.5m higher than the adjacent house 434 Wood End Road.

2.4 Enclosed by the ‘C’ would be a south facing private amenity space adjacent to the boundary with 434 Wood End Road. A fenced garden area is also proposed adjacent to the eastern boundary and 3 separate areas of landscaping are proposed on the corner frontage. The design and access statement states 838 sqm of 'landscaped gardens area' is proposed for residents however the submitted drawing measures the area of green space as 529 sqm and only 357sqm of this would be secure and useable.

2.5 The building would be constructed of red brick with full height glazed towers with zinc finished overhanging flat roofs linking the 3 blocks which consist of zinc roofed bays clad in vertical cedar panelling. The pitched roofs over the 3 main blocks would be finished with roofing slates. External windows, doors and curtain walling to be polyester powder coating with pressed metal fascias, soffits and rainwater downpipes.

2.6 A 1.8m high dwarf brick wall and railings is proposed along the eastern boundary. A 1.35m high dwarf wall and railings is proposed on the west and north frontages adjacent to the back of footpath.

2.7 A total of 23 parking spaces and 2 disabled parking spaces are to be provided. The majority of parking would be located on the Blackhalve Lane frontage and adjacent to the east side boundary. On the west side of the site the submitted drawing indicates 3 parking spaces are proposed and space for the storage of 2 cycles for staff/visitors. The design and access statement indicates that this area is also for ambulance drop off and managerial parking.

2.8 Bin storage has been indicated on the east boundary of the site between the car park and garden area within a fenced enclosure.

3. Constraints

3.1 Coal Authority Area

4. Relevant policies

4.1 UDP Policies AM12 Parking and Servicing Provision C3 Community Meeting Places D1 Design Quality D3 Urban Structure

82 D4 Urban Grain D5 Public Realm Public Open Private Space D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance D10 Community Safety D13 Sustainable Development D14 The Provision of Public Art G3 Control of Development Conspicuous from the Green Belt H12 Residential Care Homes

4.2 Local Supplementary Planning Guidance SPG3 Residential Development SPG16 The Provision of Public Art

5 Publicity

5.1 The application was publicised by site and press notices and letters to neighbouring occupiers

5.2 A public meeting arranged by Fallings Park Ward Councillors was held on 18th March 2008 where a total of 39 responses were received; 26 in support, 11 against and 2 not sure. Councillor Steve Evans has requested that these views are made known to Planning Committee and the following be read out at the meeting: -

‘Having held a public meeting with around 30 residents in attendance and looking at our response slips – there is an indication of broad support for the application with a number of neighbouring properties expressing their concern over the height of the proposed application; parking and traffic that may be generated as a result of the home, these residents who express concern are not against the principal of a nursing home’.

5.3 In addition 5 individual letters of objection were received highlighting the following relevant planning issues:

• increase in traffic and inadequate parking provision • scale and height out of character • loss of light and privacy • impact on green belt • inappropriate design and materials

6 Internal consultees

6.1 Planning Policy: The proposal has failed to satisfy the requirements of Policy C3 and has not submitted sufficient evidence to justify the loss of the public house. Subject to compliance with Policy C3 a nursing home may be appropriate however no details have been submitted in respect of the needs of the residents and the amenity space provision appears inadequate in comparison with the proposed number of residents.

6.2 Environmental Services: Adequate provision should be made for the safe storage of refuse; a system for the effective control of cooking odours must be designed and installed prior to use in the food room and any extraction system should be installed to minimise noise and disturbance to residents.

83 6.3 Transportation Strategy: • 25 parking spaces would be provided on site. The 3 from Wood End Road should be removed. The application provides conflicting information in respect of parking available for staff and visitors and the applicant should provide evidence to support the level of submitted parking provision. Details of visiting hours for the facility should also be submitted in order to more accurately determine the likely peak visitor demand for parking. • Based on information contained within the Transport Statement the traffic generated as a result of the proposal would not have a detrimental impact on the free flow of traffic in the area provided a visibility splay can be demonstrated at the access onto Blackhalve Lane and satisfactory parking provision is achieved. • The access on Blackhalve Lane would be used for deliveries and Wood End Road for residents, staff and visitors. This should be amended to access from Wood End Road for servicing/deliveries, emergency service vehicles and cycle and motorcycle parking and Blackhalve Lane for residents, staff and visitors.

6.4 Urban Design: • Development would be dominated by parking; • Scale of development inappropriate given residential character of the area; • Front boundary treatment is necessary to define public/private space; • Landmark corner feature required; • East elevation and approach to the city boundary should be marked with a quality feature; • Materials should be of the highest quality; cedar cladding is high maintenance and becomes unsightly if weathered naturally.

7 External consultees

7.1 South Staffordshire District Council have no observations but request that due regard be given to the impact on views in and out of the green belt

7.2 West Midlands Police have no objections but recommend that the proposed dwarf wall and vertical bar fencing on the east boundary should be increased from 1.8m to 2.4m high; cycle parking should be secured and any planted shrubs should be selected to have a mature height growth no more than 1m.

8 Appraisal

8.1 The key issues are: - • Loss of community meeting place • Suitability of the site for a nursing home • Shared private amenity space • Design and Layout • Orientation and solar gain • Impact on neighbouring residents • Access and parking

Loss of Community Meeting Place

8.2 UDP Policy C3 requires that the loss of community meeting places, which includes public houses, will only be permitted if detailed evidence is submitted to demonstrate compliance with this policy. This includes public consultation results, marketing evidence, a revenue investment appraisal, a structural report or detailed proposals showing how existing uses will be accommodated elsewhere within walking distance

84 (400m). The submission provides general information in respect of market trends for public houses on a national scale however; the local information provided of local services does not indicate facilities within 400m which could take the displaced people as well as showing no details of surrounding community meeting places. For this reason the proposal does not satisfy the requirements of Policy C3 and is therefore unacceptable.

Suitability of the site for a Nursing Home

8.3 Subject to the proposal complying with Policy C3 a nursing home for the elderly would be acceptable in principle. However, a nursing home falls within Use Class C2 ‘residential institutions’ which provide ‘residential accommodation and care to people in need of care’. Within the use class a change of use from a nursing home for the elderly to a different sort of residential institution which may be less suitable for the residential area, or which may have different parking or amenity space requirements or traffic generating impact, would not require planning permission. It would therefore be appropriate to restrict the use to a nursing home for the elderly by a planning condition.

Shared Private Amenity Space

8.4 Policy H12 states that residential care homes for the elderly should provide useable garden space.

8.5 SPG3 – Residential Development states that shared private rear amenity space is not recommended for sharing by over 70 residents.

8.6 The SPG requirement for shared garden provision is 846 sqm of private rear amenity space (based on 69 occupants at 90% capacity). The information submitted with the application states 838 sqm has been provided which includes landscaped areas on the frontage. However, the area of useable space is fragmented being located on the rear south boundary enclosed by the buildings and on the east corner of the site adjacent to the boundary and measures approx 357 sqm in total. The areas in front of the building would be in public view or would be landscaped and therefore not private/usable. The amount of useable private rear amenity space would therefore be inadequate to support the number of residents proposed.

Design and Layout

8.7 The proposed building is three storeys in height with accommodation on all three levels. The overall height of the building is significantly greater than those in the locality and most particular 434 Wood End Road which is directly adjacent to the site boundary. The site is also adjacent to the green belt with clear views of the site when approaching from the open countryside to the east. The proposed height, overall scale and proportion of the building would be unacceptable.

8.8 The proposed design would have a lack of distinctive features to emphasise its corner location and would rely on its height and scale as a statement rather than good design to emphasise its gateway position on the city boundary. The proposed glazed links are recessive and do not relate architecturally to the main pitched roof elements of the building.

8.9 With the exception of the glazed links, the windows are small giving a high solid to void ratio and a heavy appearance. Also the use of timber cladding is out of character with the area.

8.10 The layout with the parking on the frontage would be unacceptable. The development would appear dominated by parking which would have a detrimental effect on the visual amenity of the street scene

85

8.11 The footprint of the building on the north facing elevation is angled away from the road. To create a strong streetscape and respond positively to the established pattern of development, the new building should be aligned parallel to the street and should be closer to Blackhalve Lane.

8.12 Given the above it is concluded that the design of the development is overbearing and out of scale with its surroundings and would have a detrimental effect on visual amenity and visual character of the green belt and would fail to make a positive contribution to the locality.

Orientation

8.13 Of the 69 rooms proposed, 32 (46%) would have a northerly orientation. The percentage of such rooms is high and the problem is exacerbated by the small windows. Therefore residents of these rooms who want some private time in their rooms would be highly dependant on artificial light.

Effect on Neighbouring Residents

8.14 The proposal would result in a three storey building positioned 2.2m from the boundary with the rear garden of 434 Wood End Road. The internal layout has been carefully arranged with a staircase and two bathrooms closest the neighbours boundary so as to minimise loss of privacy. The rear windows in the south facing elevation would be 20m from the neighbour’s boundary which would be acceptable.

8.15 Although there is a dense conifer hedge on the neighbour’s boundary this is a feature of no permanence and the relationship between the proposed east wing and the private garden space of no 434 is such that the height and scale of the building would be overbearing and result in loss of outlook currently enjoyed by the occupiers of 434 Wood End Road.

Access and Parking

8.16 The submitted Transport Assessment provides conflicting information in respect of proposed parking provision. 25 spaces are shown and the application states 7 are for staff parking. This would result in 18 spaces for visitors. The Transport Assessment states that 24 spaces is considered acceptable for visitors for this scheme but can only provide 18 spaces. No clarification has been provided to justify the proposed parking provision and therefore the submission has not demonstrated an appropriate level of parking associated with the use, which is unacceptable.

8.17 The applicant has not provided details of visibility on to Blackhalve Lane. However as this is an existing access and the transport assessment has specified that the proposed change of use to a nursing home would represent a likely reduction in the number of trips generated overall in comparison to the previous use the omission of this detail is not critical.

9 Conclusion

9.1 The proposal has failed to justify the loss of a community use.

9.2 The site may be acceptable for use as a nursing home subject to according with Policy C3 and other relevant UDP Policies.

9.3 The proposed shared amenity space is inadequate to support the needs of a 69 bed nursing home for the elderly.

86

9.4 The proposed height, scale and mass of the building are out of character with the area and would appear obtrusive and overbearing impacting negatively on the green belt and being out of character with the locality. The building would not align to the street and would lack distinctive features at key points within the site. The various elements of the building do not relate well to each other and the small windows add to the heaviness and overbearing impact of the development. The frontage would be dominated by parking.

9.5 Due to the proposed orientation and small windows an unacceptable number of rooms would be highly dependant on artificial light.

9.6 There would be an unacceptable overbearing effect on the neighbour at 434 Wood End Road by virtue of the scale and mass of the building and its relationship to the neighbours.

9.7 Insufficient and conflicting information has been submitted in respect of the proposed parking provision which has failed to demonstrate that the proposal would not result in any adverse effect on highway safety.

10 Recommendation:

That the application be refused for the following reasons:

• Insufficient evidence has been submitted to satisfy the requirements of Policy C3 and justify the loss of community use • Inadequate Amenity Space • Overall scale, height and mass out of character with its surroundings, poor architecture, inappropriate materials and frontage dominated by parking • Overbearing effect on neighbours • Unsatisfactory parking provision • Contrary to UDP Policies AM12 Parking and Servicing Provision C3 Community Meeting Places D1 Design Quality D3 Urban Structure D4 Urban Grain D5 Public Realm Public Open Private Space D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance D13 Sustainable Development G3 Control of Development Conspicuous from the Green Belt H12 Residential Care Homes

Case Officer : Jenny Davies Telephone No : 555608 Head of Development Control – Stephen Alexander

87

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00290/FUL Location Wood Hayes Inn, Wood End Road,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 394215 302113 Plan Printed 12.05.2008 Application Site Area 3482m2

88 PLANNING COMMITTEE - 20-May-08

APP NO: 07/01757/FUL WARD: Heath Town DATE: 15-Feb-08 TARGET DATE: 16-May-08 RECEIVED: 14.12.2007 APP TYPE: Full Application

SITE: Premier Works, Tremont Street, Wolverhampton, West Midlands PROPOSAL: Change of use to cash and carry, addition of first floor offices, increase in roof height and additional vehicular access.

APPLICANT: AGENT: Soho Cash & Carry Bigwood Chartered Surveyors 2 Ninevah Road 51-52 Calthorpe Road Handsworth Edgbaston Birmingham Birmingham B15 1TH

COMMITTEE REPORT:

1. Site Description

1.1 The application site is an existing industrial premises located on Tremont Street. The site consists of a large warehouse building with ancillary office buildings. There are a number of smaller buildings within the site.

1.2 The site is located within a Defined Business Area. It is bounded by dwellings (north and north-east) and industrial premises (west and south-west).

1.3 Between the site and the houses to the east (in Grosvenor Road) is a stretch of enclosed open land that extends around the south of the site.

2. Application details

2.1 The application is for a proposed change of use to a wholesale cash-and-carry warehouse. The application also includes erection of 1st floor offices, alterations to increase the height of the existing building and the creation of a new vehicular access to the site. The proposed development would also involve the demolition of a number of existing smaller buildings on the site.

2.2 As altered the building would have a total floor area of 4,129m² of which 636m² would be offices

2.3 The applicant states that only food, soft and alcoholic drinks would be stored on the premises and refrigeration equipment would not be required

2.4 It is estimated that approximately 6 articulated delivery lorries and 120 customer vans would access the site during the course of a normal working day.

2.5 The proposed development would provide 1st floor office accommodation above the existing ground floor offices to the northern elevation of the building, facing onto Tremont Street. The appearance of the proposed extension would replicate the ground floor offices in terms of design and materials used.

89

2.6 It is proposed increase the height of the main building by providing a parapet wall on all four sides, the building would then measure approximately 12m high. The building would then be covered with plastic coated steel cladding.

2.7 The proposal would result in 35 jobs.

3. Planning History

3.1 C/2710/87 - New access to highway, pallisade fencing and gates, landscaping - Granted, dated 07.01.1988.

4. Constraints

4.1 Authorised Processes, Defined Business Area

5. Relevant policies

5.1 Relevant UDP Policies

D1 Design Quality D4 Urban Grain D9 Appearance AM12 Parking and Servicing Provision B1 Economic Prosperity B5 Design Standards for Employment Sites B6 Offices B8 Warehousing B11 Ancillary Uses in Employment Areas Prem.

5.2 SPG1 - Business, Industrial and Warehouse Development

6. Publicity

6.1 The application was publicised by site and press notices and letters to local residents.

6.2 The consultation period expired on 25th March 2008. Seven letters of representation were received and one petition with 120 signatures.

6.3 All representations objected to the application on the following grounds:

• The proposal would generate more traffic. This would cause more noise and disturbance and would be detrimental to road safety in the area. • Proposed opening hours are not stated, concern that opening hours would not be restricted. • Increase height to the building would result in a loss of natural light to the adjacent residential dwellings. • The existing industrial units produce enough noise and pollution without this proposal. • The premises would not be beneficial to neighbours as would not be for public use. • The storage of food would attract pests and vermin.

90 7. Internal consultees

7.1 Access Officer – No objections.

7.2 Building Control – Access provision in accordance with Part M of regs. Disabled persons WC provision should be made available at 1st floor.

7.3 Environmental Services - There is a significant history of noise complaints associated with refrigerated vehicles parking on Lincoln Street and Tremont Street waiting to make deliveries to the exiting commercial premises in the area.

7.4 Commercial vehicle movement to and from the site should be restricted to between the hours of 07.00 and 23.00 Monday to Saturday and at no times on Sundays and Bank Holidays

7.5 The location of the service yard and goods inward area at the rear of the site, furthest away from residential properties is supported. The location of this facility on the site must be agreed as detailed in the plan and not be moved without prior written consent of the LPA.

7.6 The enclosure in which the waste receptacles are to be located should, so far as practicable, be proofed against pests. This could be achieved by the use of solid walls and a close fitting access door. In addition the enclosure should be capable of being kept clean.

7.7 Property Services - No comments

7.8 Planning Policy – The change of use to a cash-and-carry warehouse at the Premier Works, Tremont Street is acceptable in principle if it can be established that the facility will be for wholesale use only. Warehouses for wholesale use are assigned B8 Use- Class designation.

7.9 Conditions are required to ensure that internal floorspace of the Warehouse and Distribution use does not exceed 4000sq metres and that the Office accommodation shall not exceed the amount proposed without prior approval from the LPA.

7.10 Transportation Development – The submission provided very limited information regarding transportation impacts associated with the proposals, which makes it difficult to properly assess the suitability of the level of parking provision or the likely impacts on the local transport network.

7.11 The applicant should therefore provide a Transport Statement in support of the application. The statement should:

• Provide details regarding likely traffic generation and impacts of the proposals on the local highway network with emphasis on the two junctions onto Wednesfield Road. • Provide evidence that the proposed level of parking provision will meet the expected demand. This should include independent parking accumulations for their existing site in Birmingham during a typical trading week together with relevant comparison data such as Gross Floor Area, number of staff employed, shift patterns and number of parking spaces.

7.12 It is necessary that the appropriate visibility splays for vehicles exiting the new vehicular access are demonstrated

7.13 The proposals should include safe pedestrian routes to the main entrances to the building across all parking areas and vehicular routes.

91

7.14 The parking layout should be amended to allow vehicles to manoeuvre effectively in and out of spaces and disabled parking bays should be of acceptable dimensions

7.15 Conveniently located covered and secure cycle and motorcycle storage for staff should be provided.

7.16 This application is not supported in its current form due to lack of supporting information and unacceptable parking layout.

8. Appraisal

8.1 The main issues related to this application are:

- Principal of the proposed change of use - Impact on residential amenity - Design and appearance of the proposed extensions - Transport matters - Landscaping

Change of Use to Wholesale Cash and Carry (Class B8)

8.2 The application site is located within a Defined Business Area (DBA). A B8 use with ancillary B1 offices would be in accordance with this Policy. However, in order to ensure compliance with Policy B8 permitted development rights for extension should be removed by condition.

8.3 To accord with Policy B6 the office element should remain ancillary to the warehouse use and this can be conditioned.

Impact on Residential Amenity

8.4 The dwellings on Grosvenor Street are sited approximately 30m from the application site and the dwellings to the north are some 50m away.

8.5 In terms of noise and disturbance it is stated in the application that the proposed occupiers would only provide dry foods with soft and alcoholic drinks and that there would be no requirement for the installation of refrigeration and ventilation equipment. Therefore this would not create additional noise or odour disturbance to the occupiers of surrounding dwellings. A condition can be applied to restrict the future installation of such equipment to the premises. A condition could also prevent the overnight parking of refrigerated lorries with their refrigeration units running.

8.6 The application states that there would be an estimated 6 articulated lorries accessing and exiting the site on a daily basis. The proposed service yard would be located to the south of the site at least 100m from the closest dwelling. Therefore it considered that a condition restricting commercial vehicle movements and the loading and unloading of vehicles to between the hours of 07.00 and 23.00 Monday to Saturday (and at no times on Sundays and Public/Bank Holidays) would be sufficient to protect residential amenity in terms of noise and disturbance from delivery vehicles.

8.7 The proposed extensions to the buildings would increase its height to approximately 12m. It is not considered that this would adversely affect the residential amenity, in terms of outlook or loss of light, as the closest dwelling would be at least 40m from the application building.

92 Design and Appearance

8.8 The application proposes the erection of a 1st floor extension to the existing premises fronting onto Tremont Street. The proposed materials and design would replicate the appearance of the existing ground floor office building. The warehouse building would be finished with a steel cladding. It is considered that this proposed finish would be acceptable, subject to approval of samples.

Transport and Highways

8.9 Transportation has raised objections to the proposal on the grounds that there is insufficient supporting information. It has therefore been requested that the applicant provides a supporting Transport Statement. This supporting document should provide details regarding traffic generation, the impact of the proposals on the local highway network and that the proposed level of parking provision will meet the expected demand.

8.10 The proposed parking layout is unacceptable in its current format and therefore the layout needs to be amended to overcome the concerns raised by the Transportation Officer.

Landscaping

8.12 The creation of a new vehicular access would encroach onto an existing landscaped area; there is scope for additional landscape planting

9. Conclusion

9.1 The proposed change of use and development is acceptable subject to receiving a satisfactory Transport Statement with amended parking layout and the imposition of conditions. The application site is currently vacant and it is considered that the proposed change of use would bring an empty industrial unit into an active use, and result in 35 jobs.

10. Recommendation

10.1 Delegated Authority to Grant subject to:

• receiving an acceptable Transport Statement and revised parking layout • conditions to include:

- Submission of materials - Hours of Operation restricted to 07.00 – 23.00 Monday to Saturday, including the movement of commercial vehicles delivering and unloading on site. - Bin storage - No extensions or mezzanines - Use of premises to be restricted to B8 with ancillary offices. - The amount of B1 (Office) shall not exceed 636sq m - No installation of refrigeration and ventilation equipment shall be installed on site without prior consent from LPA - No lorries with refrigeration units running to be parking on site excepted 07.00 to 23.00 Monday to Saturday - No lorry parking manoeuvring, loading or unloading in the customer parking area

93 - Parking spaces to be laid out in accordance with approved plan unless otherwise agreed in writing - Landscaping - Provision of secure motorcycle storage for staff - Provision of staff and customer cycle parking and staff cyclist facilities, (showers, lockers and changing).

Case Officer : Mark Elliott Telephone No : 555648 Head of Development Control – Stephen Alexander

94

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/01757/FUL Location Premier Works, Tremont Street,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 392460 299070 Plan Printed 12.05.2008 Application Site Area 10950m2

95 PLANNING COMMITTEE - 20-May-08

APP NO: 07/01720/FUL WARD: Bilston North DATE: 14-Dec-07 TARGET DATE: 08-Feb-08 RECEIVED: 06.12.2007 APP TYPE: Full Application

SITE: Bilston Town Bowling Club, Villiers Avenue, Wolverhampton, West Midlands PROPOSAL: Erection of 5No. bungalows and provision of new practice bowling green.

APPLICANT: AGENT: Bilston Town Bowling Club Mr Dave Truran Villiers Avenue Enterprise Planning Services Wolverhampton House By The Square West Midlands 10 - 12 Wood Road WV14 6AU Codsall WV8 1DB

COMMITTEE REPORT:

1. Site Description

1.1 The application site is the grounds of the Bilston Town Bowling Club, which occupies a considerable area of land between Villiers Avenue and Eleanor Road. The club grounds have boundaries with houses in Villiers Avenue to the east and south and with houses in Green Lanes to the west.

1.2 The club house is at the Villiers Avenue end of the site and is set well back from the road behind a substantial shaled car park. To the north of the club house are two bowling greens, comprising the main green and a practice green, the latter being at the northern end of the site next to Eleanor Road. There are several protected trees within the club grounds, these being concentrated mainly at the southern end of the site and along the eastern boundary with the gardens to Villiers Avenue properties.

1.4 At present there is a concrete panelled screen fence, with barbed wire strands above, built along the Eleanor Road frontage and there are five houses on the opposite side of that road. There are several Lombardy Poplars located immediately behind the screen fence along the Eleanor Road boundary.

2. Application details

2.1 The club is trying to raise finance to refurbish the existing club house, which is in a very poor condition and is in jeopardy of failing to obtain a Fire Safety Certificate. This finance would be raised by selling some of their land, including the practice green, for residential development. In compensation for the loss of the practice green a synthetic surface practice green would be provided within the club grounds.

2.2 The proposed bungalows would be constructed on a rectangular area of land at the extreme north of the complex and immediately to the south of Eleanor Road. This land comprises the practice green and a utility area immediately to its east. It has a maximum length of 58m, of which 35m actually fronts on to Eleanor Road. The site has a depth of 20.4m.

96 2.3 The bungalows would comprise one pair of semi-detached and three detached dwellings, all with two bedrooms. The two semis and one detached would face directly on to Eleanor Road and back on to the main bowling green. The other two (detached) dwellings would be constructed at right angles to the above mentioned three dwellings and would be accessed from a driveway running at right angles to the closed end of Eleanor Road.

2.4 The three properties fronting Eleanor Road would be constructed on a 3.8m building line and would have rear gardens of approximately 7.1m in length. The other two houses would have rear gardens with an average length of 11m (Plot 1) and 8m (Plot 2). The southern, eastern and western boundaries to the residential development would be marked by 2m high screen fences. Low wrought iron railings would mark the highway boundary of the front gardens facing Eleanor Road. The Lombardy Poplars along the Eleanor Road frontage would be felled but the protected Lime tree would be retained.

2.5 One parking space would be provided within the curtilage of each bungalow, except for Plot 2, which would have two spaces.

2.6 The proposed synthetic green would have dimensions of 14m x 6m and would be constructed on an area to the south of the club house.

2.7 Also proposed is the laying out of a formal car park, incorporating the existing car park area and some adjoining rough land, to provide 24 spaces, including two disabled spaces.

2.8 This application does not include any proposals for the club house.

3. Planning History

0086/82. Extensions and alterations to club premises. Granted 10.3.82.

0905/92. Erection of new floodlights surrounding bowling green. Refused 7.12.92.

0042/93. Erection of new floodlights surrounding bowling green. Granted 4.3.93.

07/00081/FUL. Residential development comprising erection of 5 houses. Withdrawn 18.4.07.

07/00717/FUL. Residential development comprising erection of 5 no. two bedroom bungalows. Refused 12.10.07. Permission was refused.

4 Constraints

4.1 Mining Areas (Building Consultancy) - Name: Eastfield - Stowlawn - Rough Hills Opencast Mining (areas of interest) - Name: Area of Interest to Open Cast Executive 2

Tree Preservation Order - TPO Ref: 06/00004/TPO

97 5. Relevant policies

5.1 UDP Policies

D1 - Design Quality D4 - Urban Grain D6 - Townscape and Landscape D7 - Scale - Height D8 - Scale - Massing D9 - Appearance H6 - Design of Housing Development R3 - Protection of Open Space, Sport and Recreation Facilities. R5 - Sports Grounds C3 – Community Meeting Places

Supplementary Planning Guidance SPG3 – Residential Development

6. Publicity

6.1 Neighbour letters sent to 45 properties. Site notices posted. 14 letters of objection have been received, with 12 of them being identical and giving grounds of objection as follows.

• Concern with regard to the loss of a bowling green. The plastic replacement green would be too small and more or less useless to bowlers.

• The club committee have deliberately allowed the smaller green, which was well-used, to become overgrown and have caused bowlers to leave the club.

• Bilston now has only two bowling clubs, the other being Spring Vale, and has lost several sporting facilities over the last few years.

• The planning application should be judged purely on planning matters, not on the basis of the club’s financial difficulties.

• The proposal is contrary to UDP Policies C3, R3 and R5.

• Possible car parking problems for existing residents in Eleanor Road

6.2 Another objector states that the bowling green has been used for competitions for the last 40 years.

6.3 Another objector is concerned about possible car parking and traffic problems in Villiers Avenue resulting from use of the practice green.

7. Internal consultees

7.1 Access Officer – makes various detailed points regarding access for the disabled.

7.2 Building Control – comment re access for disabled and Fire Service.

7.3 Planning Policy Section - the site is appropriate for housing development at a moderate density of 30 to 50 dwellings per hectare. The construction of 5 dwellings would give a density of 46 dwellings per hectare, which is appropriate for this site.

98 However, express some concern about the ability of the 5 dwellings to meet the criteria of H6 - Design of Housing Development.

The Council’s policy is to protect outdoor sporting facilities from development including bowling greens, however, this club has advised and demonstrated that the future of the remaining bowling green would be protected with the capital receipt if this development was pursued, due to major modernisation (including fire safety measures) being required to the main social club building.

Pursuant to Policy R5 of the Wolverhampton UDP, a planning contribution would be required for the loss of the practice green which would be targeted to create or enhance existing bowling greens in the east of the City. Sport indicates that a full sized replacement green would cost between £100,000 and £120,000, and as such it is considered that a reasonable contribution for the replacement of the practice green would be a minimum of £80,000. This loss of sports pitch contribution would be subject to a Section 106 Agreement and be subject to annual BCIS increases from March 1st 2008.

The proposed synthetic green is not a suitable replacement for the practice green in terms of size and surface, and as such is not taken into account when calculating the planning contribution.

7.4 Transport Strategy – Requested amendments to the layout, including widening of house access driveways, increase in the number of parking spaces, improvements to drivers visibility at Plot 5 and revisions to the club car park to provide disabled parking bays and cycle parking. (Amended plans have been received).

7.5 Trees – Considered that conflict would occur in the future because of proximity of house at Plot 1 to a protected Lime tree. Pressure would likely from future occupants to fell or excessively prune the tree. The scheme has since been amended to move the bungalow at Plot 1 further away from the tree and this is now considered acceptable.

Details of method of block paving are required where such paving is close to trees.

Removal of Lombardy Poplars on the road is not objected to.

Were permission to be granted, standard tree protection conditions should apply.

7.6 Structures Section – The previous use of the land may have led to unacceptable levels of contamination. A full desk top study, site investigation and report are required regarding site stability and contamination.

7.7 Parks & Contracts (Leisure) – Response awaited

7.8 Environmental Services - the previous use of the land may have led to unacceptable levels of contamination which could affect the redevelopment strategy of the site. Therefore recommend planning condition on any permission requiring the submission of a methodology for carrying out a site investigation for physical and chemical contamination and implementation of any identified remedial works.

Also recommend a condition restricting hours of construction because of the proximity of residential properties.

99 8. External consultees

8.1 Sport England (West Midlands) - No objection in principle to the development. However, the proposed development should not: ƒ Impinge in any way on the residual bowling green or its margins as the size is already below the recommended and there is clearly a need to retain this facility in the area. ƒ Reduce the size or quality of ancillary facilities associated with the residual bowling green such as access and car parking. ƒ All the income from the sale of land should be reinvested into the club facilities and maintenance/management to improve the quality of the facility and facilitate increased usage by the community.

8.2 Police – Crime Prevention Officer Ian Jones - No objections but makes recommendations on security issues.

8.3 Fire Department - Concern that there would be inadequate access for pump appliances to within 45m of all points of the dwelling houses at Plots 1 and 2.

9. Appraisal

9.1 I consider that the application can be assessed under the following headings:

Loss of Bowling Green

9.2 The club are trying to raise finance to refurbish the existing club house, which is in a very poor condition and is in jeopardy of failing to obtain a Fire Safety Certificate. This finance would be raised by selling the residential development land to developers. However Policy R5: Sports Grounds of the UDP sets out the presumption that playing fields should be protected from development unless it can be clearly demonstrated, with reference to an up to date assessment that the existing provision is no longer required to meet local demand. To comply with this Policy compensatory facilities must be provided if the green is to be lost. The normal way of achieving this would be securing a compensatory payment through a Section 106 Agreement proportionate to the value of the sports facilities to be lost, to be spent on the creation of replacement facilities in the local area: This has been calculated to be £80,000.

9.3 However, the club are reluctant to make the compensatory payment as they feel that the money from the development of the land is specifically needed to essential improvements and up-date facilities at their club and to keep it viable. The applicants therefore put forward a proposal to provide the synthetic surface within the grounds of the club, to be located to the south of the club house.

9.4 There has been some doubt as to the desirability of the synthetic green proposal as it is possible that the different surface may be inappropriate for undertaking practice for subsequent match play on a natural surface. This issue has been raised with the applicants, who have submitted the minute of a special meeting of the Committee and Trustees of the club, at which it was resolved unanimously that the proposed artificial green was an acceptable replacement for the existing practice green.

9.5 Bearing in mind that the club intends to spend the monies raised from the housing development on essential improvements to the club house, provide the synthetic replacement green and improve other club facilities, in order to safeguard the club’s future, and bearing in mind also the comments of Sport England in relation to this issue, it is considered that in these particular circumstances, the compensatory pavement could be waived in this instance. However, it would be necessary for the club to enter into a Section 106 Agreement binding the club to spend the monies

100 raised from the housing development on appropriate improvements to the club identified that will keep it running and ensure its continuing viability.

Assessment of Housing Development

9.6 The proposed development of bungalows would round off the existing residential development in Eleanor Road and would be a sustainable one. Furthermore the provision of bungalows, instead of two-storey houses as proposed in the withdrawn scheme 07/00081, would provide an attractive frontage to Eleanor Road. There should be no problems of privacy for existing residents.

9.7 The provision for private amenity space would be restricted by the short back gardens and would not comply with SPG3. However, it is considered that the provision is acceptable in this case taking into account the size and type of dwellings and the open rear aspect. Permitted development rights for extensions and outbuildings could be removed to ensure that future reduction of amenity space is controlled.

9.8 There is concern with regard to possible glare, from existing floodlights surrounding the main bowling green, disturbing future residents of the bungalows. This could be addressed by a planning condition.

9.9 It is considered that the proposed access and parking arrangements are now acceptable

9.10 The matter raised by the Fire Service could, it is considered, be addressed by providing sprinkler systems to Plots 4 and 5.

10. Recommendation

10.1 Delegated authority is requested to grant permission subject to the applicants entering into a Section 106 Agreement to ensure that all the club’s income from the sale or development of the residential development land is reinvested into the club facilities in accordance with a specification and time-table to be agreed with the council before development commences and subject to conditions relating to the following: • Provision of the synthetic green • Removal of permitted development rights for extensions and outbuildings • Approval of external building materials. • Provision of boundary treatment • Landscaping • Protection of trees during construction • A floodlighting report and appropriate remedial measures to protect the amenities of future residents • A sprinkler system being provided for Plots 1 and 2 • Surfacing and laying out of the car park • Hours of construction being limited to between 0800 and 1800 Monday to Friday and 0800 to 1200 Saturday, with no such work taking place on Sundays or Bank and Public Holidays • Submission of site investigation report and the carrying out of appropriate remedial measures

Case Officer : Rob Hussey Telephone No : 551130 Head of Development Control – Stephen Alexander

101

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/01720/FUL Location Bilston Town Bowling Club, Villiers Avenue,Wolverhampton,West Midlands Plan Scale (approx) 1:1250 National Grid Reference SJ 394614 296840 Plan Printed 12.05.2008 Application Site Area 4517m2

102 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00293/DWF WARD: Bilston North DATE: 27-Feb-08 TARGET DATE: 23-Apr-08 RECEIVED: 27.02.2008 APP TYPE: Full Deemed Planning Permission (WCC)

SITE: Fieldside Walk, Wolverhampton, West Midlands, PROPOSAL: Provision of shared access to residents.

APPLICANT: AGENT: Mr Steve Boyes Gwyn James Director For Sustainable Communities Section Leader - Asset Management Regeneration & Environment Regeneration And Environment Civic Centre Heantun House Third Floor St Peters Square Wolverhampton Wolverhampton WV1 1RP

COMMITTEE REPORT:

1 Site Description

1.1 The application site is a pathway and access road which fronts residential properties on an established housing development which is overlooking an area of recreational open space off Prouds Lane known as Moseley Neighbourhood Park. The application site comprises two cul-de-sacs situated adjacent 26 and 40 Langdale Drive and the footpath alongside Fieldside Walk.

1.2 At present the head of the two cul-de-sacs are landscaped which prevents vehicular access northwards

2 Application details

2.1 The existing landscaped area at the head of the two cul-de-sacs will be removed and the cul-de-sac will be extended north to link with Fieldside Walk.

2.2 The existing footpath in front of 12 to 21 Fieldside Walk will be widened to 3m to allow vehicles to access the properties fronting the open space. The proposed footpath would be widened to include an area of 1.2m by 111m in length onto the existing open space. A low rail steel fence is proposed along the length of the new widened footpath which would be 450mm from the back of the new kerb and would be 500mm high extending 140m from the school entrance to the end of the block paving outside 12 Fieldside Walk. The new pathway will be block paved in a herringbone pattern.

2.3 The proposal is to facilitate vehicular access for those properties in Fieldside Walk.

3 Planning History

3.1 No relevant planning history

103 4 Constraints

4.1 Mining Area

5 Relevant policies

5.1 Relevant Unitary Development Plan Policies:

D1 - Design Quality D9 - Appearance AM12 - Parking and Servicing Provision R4 - Development Adjacent to Open Spaces

6 Publicity and Neighbour notification

6.1 The application was advertised with a site notice and letters were sent to neighbouring properties.

6.2 Two letters of objection have been received. The main concern is that Fieldside Walk will become a car park and encourage youngsters to ride motorcycles and concern about feasibility of access to Fieldside Walk and would be difficult for drivers to see pedestrians and suggests an off road parking area.

7 Internal consultees

7.1 Parks & Contracts (Leisure) has the following comments: • The form of enclosure to Moseley Neighbourhood Park is acceptable however, an agreed specification and timescale for the barrier and measures to safeguard the POS from vehicular incursion/damage whilst implementation works are being undertaken should be agreed with the Chief Cultural Services Officer before implementation of the works • A loss of 627sqm open space (including the landscaped cul-de-sac areas) would generate a loss of open space contribution of £30,447. However if the proposed works are undertaken to improve the frontage and boundary treatment to enhance the adjoining neighbourhood park this can be waivered

7.2 Transportation Development has the following comments: • It is acknowledged that the proposal would improve convenience and security however the proposal should be constructed to adoptable standards. The increase in width of Fieldside Walk would not provide adequate manoeuvring space for vehicles or allow two way traffic movements and the driveways for properties would not be the minimum 5.5m length and therefore vehicles would overhang the access road. However, the proposal is practicable if further land take is not permissible.

7.3 Environmental Services have the following comments: • A condition should be imposed for hours of construction • There are no permitted processes within 250m of the site

7.4 Property Services – No implications.

7.5 Access Officer – no comments received at time of writing report

104 8 External consultees

8.1 No external consultations

9 Appraisal

9.1 The proposed extension of the cul-de-sacs in Langdale Drive and widening of part of the existing footpath along Fieldside Walk would enable residents in Fieldside Walk to access the fronts of their properties by vehicle. The development was not originally designed to accommodate vehicles on the frontage however; this has lead to local problems with parking and access which the proposed application would seek to resolve.

9.2 The proposal would provide limited manoeuvring space for vehicles or would not allow two way traffic movements and the driveways for properties would not be the minimum 5.5m length. However, the proposal is not to change the status of the current footpath to a road it is to facilitate access with the minimum land take to reduce the impact on the adjoining open space. The narrow road width would seek to discourage parking on the road and passing of two vehicles.

9.3 The appearance of the development in the street scene would be acceptable. The proposed block paving for Fieldside Walk would be visually appropriate and hardwearing and the low metal fence would prevent vehicles driving onto the open space and be low enough to be unobtrusive in appearance while still allowing pedestrian access to the open space.

10 Recommendation:

Grant deemed consent subject to the following conditions: • an agreed specification and timescale for the barrier and measures to safeguard the POS from vehicular incursion/damage whilst implementation works are being undertaken should be agreed with the Chief Cultural Services Officer before implementation of the works • hours of construction

Case Officer : Jenny Davies Telephone No : 555608 Head of Development Control – Stephen Alexander

105

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00293/DWF Location Fieldside Walk, Wolverhampton,West Midlands, Plan Scale (approx) 1:1250 National Grid Reference SJ 394806 297549 Plan Printed 12.05.2008 Application Site Area 1812m2

106 PLANNING COMMITTEE - 20-May-08

APP NO: 08/00347/FUL WARD: Graiseley DATE: 10-Mar-08 TARGET DATE: 05-May-08 RECEIVED: 10.03.2008 APP TYPE: Full Application

SITE: 38 Birches Barn Road, Wolverhampton, West Midlands, WV3 7BN PROPOSAL: Drop kerb.

APPLICANT: AGENT: Mr Nick Edwards Chief Environmental Services Officer 1st Floor Civic Centre Wolverhampton

COMMITTEE REPORT:

1. Site Description

1.1 The application site is a semi-detached property situated in a residential area. The application site adjacent properties are of similar design and many of them have existing dropped kerbs. To the front of the property is a grassed area with an approximately 1metre high hedge.

1.2 The application site fronts onto Birches Barn Road which is classified road.

2. Application details

2.1 The application was registered 10 March 2008 for the provision of a dropped kerb.

3. Planning History

3.1 There is no relevant planning history.

4. Relevant policies

D1 Design Quality D4 Urban Grain D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance AM15 Road Safety and Personal Security

5. Neighbour notification and representations

5.1 Four adjacent neighbouring properties were notified and consulted. No representations received.

107

6. Internal consultees

6.1 Transportation Development: would normally resist applications on classified roads where there is insufficient space for a vehicle to turn and exit in a forward gear. However, on street parking at this location would be detriment to the free flow of traffic and would obstruct the visibility for motorists exiting adjacent driveways. Therefore, the provision of off street parking and the associated dropped kerb is supported by the transportation officer.

7. Appraisal

7.1 Transportation officer’s comments raised no issues in regards to the provision of a dropped kerb to this property. Many of the adjoining properties have dropped kerbs installed. In addition, there would be no visual amenity implications.

8. Conclusion

8.1 The installation of a dropped kerb at the above site is acceptable.

9. Recommendation

9.1 Grant planning permission.

Case Officer : Ann Wheeldon Telephone No : 550348 Head of Development Control – Stephen Alexander

108

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 08/00347/FUL Location 38 Birches Barn Road, Wolverhampton,West Midlands,WV3 7BN Plan Scale (approx) 1:1250 National Grid Reference SJ 389775 297492 Plan Printed 12.05.2008 Application Site Area 338m2

109