Birmingham City Council
Planning Committee 14 March 2019
I submit for your consideration the attached reports for the South team.
Recommendation Report No. Application No / Location / Proposal
Approve - Subject to 9 2018/05638/PA 106 Legal Agreement Warwickshire County Cricket Ground Land east of Pershore Road and north of Edgbaston Road Edgbaston B5
Full planning application for the demolition of existing buildings and the development of a residential-led mixed use building containing 375 residential apartments (Use Class C3), ground floor retail units (Use Classes A1, A2, A3, A4 and A5), a gym (Use Class D2), plan, storage, residential amenity areas, site access, car parking, cycle parking, hard and soft landscaping and associated works, including reconfiguration of existing stadium car parking, security fence-line and spectator entrances, site access and hard and soft landscaping. residential amenity areas, site access, car parking, cycle parking, hard and soft landscaping and associated works, including reconfiguration of existing stadium car parking, security fence-line and spectator entrances, site access and hard and soft landscaping.
Approve-Conditions 10 2019/00112/PA
45 Ryland Road Edgbaston Birmingham B15 2BN
Erection of two and three storey side and single storey rear extensions
Page 1 of 2 Director, Inclusive Growth
Approve-Conditions 11 2018/06724/PA
Land at rear of Charlecott Close Moseley Birmingham B13 0DE
Erection of a two storey residential building consisting of four flats with associated landscaping and parking
Approve-Conditions 12 2018/07187/PA
Weoley Avenue Lodge Hill Cemetery Lodge Hill Birmingham B29 6PS
Land re-profiling works construction of a attenuation/ detention basin
Approve-Conditions 13 2018/06094/PA
4 Waldrons Moor Kings Heath Birmingham B14 6RS
Erection of two storey side and single storey front, side and rear extensions.
Page 2 of 2 Director, Inclusive Growth
Committee Date: 14/03/2019 Application Number: 2018/05638/PA Accepted: 12/07/2018 Application Type: Full Planning Target Date: 10/12/2018 Ward: Edgbaston
Warwickshire County Cricket Ground, Land east of Pershore Road, and north of Edgbaston Road, Edgbaston, B5
Full planning application for the demolition of existing buildings and the development of a residential-led mixed use building containing 375 residential apartments (Use Class C3), ground floor retail units (Use Classes A1, A2, A3, A4 and A5), a gym (Use Class D2), plan, storage, residential amenity areas, site access, car parking, cycle parking, hard and soft landscaping and associated works, including reconfiguration of existing stadium car parking, security fence-line and spectator entrances, site access and hard and soft landscaping.residential amenity areas, site access, car parking, cycle parking, hard and soft landscaping and associated works, including reconfiguration of existing stadium car parking, security fence-line and spectator entrances, site access and hard and soft landscaping. AMENDED DESCRIPTION Recommendation Approve Subject to a Section 106 Legal Agreement
1. Proposal
1.1. Link to Documents
1.1. This application seeks planning permission for a mixed use scheme consisting of the erection of 375 private sector rented flats, with commercial retail and gym and ancillary residential elements at the ground floor, and a broader reconfiguring of the public areas of the cricket ground. The scheme initially comprised 374 flats and the design, height configuration of the blocks and fenestration pattern and materials detailing has been revised in light of feedback from the Conservation and Heritage Panel, wider stakeholder engagement, and detailed advice from Urban Design Officers.
1.2. In detail the scheme now consists of two main components: a mixed use block on the corner of Edgbaston Road and Pershore Road and a landscape/public realm scheme for the car parks and public space at the main Cricket Club.
1.3. Mixed Use Block
1.4. The mixed use block would consist of 375 flats and commercial (Class A and D2) uses at ground floor. Parking for 75 residents only cars would be provided in the centre of the ground floor (in an under-croft), with a mezzanine deck above at the first floor ‘podium’ level which comprises a courtyard garden. 36 further residents-only
Page 1 of 26 parking spaces would be provided on the north side of the block within a service road leading from the dedicated access from Pershore Road, and 21 visitor spaces would be provided on Area 5 adjacent to the development. Additionally 229 shared spaces within the Northern Car park (Area 4) are provided for residents, residents visitors, retail/commercial and gym users, and WCCC at certain times of the year in accordance with a Car Parking Management Plan.
1.5. The block would range in height from 5 to 17 storeys and the highest section would be on the corner of Pershore Road and Edgbaston Road. The principal material would be brick, using three different colours to break up the massing of the building. The architectural style is contemporary with bold windows and deep reveals.
1.6. The 375 flats would consist of 94 studios, 95 one-bed units, 169 two-bed units and 17 three-bed units. The studio flat size measures 37.7sqm and the one-bed units measure 53.7sqm with a bedroom size of 12.1sqm. The two-bed units measure 68.5 sqm with bedroom sizes of 12.5 and 13.2sqm, and the three-bed units measure 85.3 sqm with bedroom sizes of 13.9, 13.8 and 8.6sqm. All flats would meet the National Technical Housing Standards for unit sizes and bedroom areas. Amenity space would be provided in the form a roof garden (265sqm) and the courtyard garden at the podium level respectively (1,935sqm), creating a total area of 2,200sqm.
1.7. The ground floor commercial uses would consist of up to five open speculative retail/commercial units totalling 1,805 sqm including shops, professional services, restaurants, public houses and hot food takeaways (being A1, A2, A3, A4 and A5 uses) and also a gym (Use Class D2). These commercial units would be located around the external areas of the building, and have active frontages to their external elevations. The ground floor would also include the main residential entry and concierge/management suite area, secondary residential entry, refuse areas, plant areas, cycle storage and residential storage areas, and the vehicle access into the centre of the building to reach the 75 space car park area (2334 sqm).
1.8. Landscape Scheme/car park rationalisation
1.9. This second element of the scheme consists of public space, new roadways, marked out and corralled car parking zones, green infrastructure and new pavilion access gates into the secure parts of the cricket ground. A public square would be reconfigured in front of the main doors of the cricket ground, adjacent to Edgbaston Road, to act as an arrival space and to be used for festival space on major match days. Adjacent to this public realm would be two new pavilion gates, consisting of large open-sided canopies with turnstiles and space for bag searches within. These would act as entrance features to channel crowds to the access doors into the ground on major match days.
1.10. Behind the public realm would be a series of car parks. This would provide a total of 355 spaces for the cricket club set out in Areas 1, 2 and 3. 229 spaces within the Northern car park (Area 4) would be shared by the club and the mixed use scheme (residents, resident’s visitors and retail/gym users). Use of these spaces would vary in accordance with a Car Park Management Plan which reflect up to 15 peak events (joint County match and conference days) and up to 15 Major Match days (Test/One Day and T20 events) per year. Tree and shrub planting would be located within and on the edge of the car parks and a new footpath would be created linking the car parks to the pavilions. An operations compound would also be located at the northern end of the car parks.
Page 2 of 26 1.11. The applicant has submitted a viability appraisal with this scheme which, after further negotiation with the Council’s appointed Viability consultants, has led to the offer of £1,025,000 which is proposed to be split between a £825,000 off-site affordable housing contribution for local BMHT scheme delivery, £130,000 off-site POS/play space contribution (to be directed towards Cannon Hill Park), and £70,000 for traffic- related contributions in the form of £20,000 towards localised TRO’s/highway modifications and associated pre-development and post-development base surveys and £50,000 towards the junction and highway improvement scheme for the Pershore Road/Bristol Road/Edgbaston Road junction. The Section 106 would also include an Employment and Skills Agreement.
1.12. The red edge site area is 3.5 hectares, of which the residential development measures 0.92 hectares. This gives rise to a residential density of 408 dwellings per hectare.
1.13. The application is supported by a planning statement, statement of community engagement, design and access statement (and amendments), supplementary design notes, financial appraisal, heritage statement, archaeological assessment, transport assessment, framework travel plan, light impact assessment, landscape strategy, arboricultural impact assessment, air quality assessment, acoustic design statement, below ground drainage strategy, supplementary intrusive ground investigation, sustainable design and construction statement, wind comfort desk study, flood risk assessment, energy statement, and a preliminary ecological appraisal.
1.14. The application has been screened for EIA and it has been concluded that due to the characteristics of the development, the relative insensitivity of the proposed location, and the rendering of only local significance for its environmental effects a formal EIA is not required.
2. Site & Surroundings
2.1. The application site consists of an area of open land to the west of the cricket ground. It is bounded by Edgbaston Road to the south, Pershore Road to the west, the cricket ground stadium to the east and residential development to the north. The site excludes the training centre, but includes a caretaker’s house which would be demolished.
2.2. The cricket ground consists of the stadium, the Indoor Cricket School, tarmac parking areas, informal grassed open space, two vacant groundsman’s houses, and a practice wicket. The site is accessed from Edgbaston Road, Pershore Road and Constance Road. Land is generally flat, with the River Rea to the immediate east.
2.3. The wider area is predominantly residential. Houses on Raglan Road and Constance Road adjoin the site to the north, while others are close by on Eastwood Road and Willows Crescent to the east, and a variety of houses and flats are opposite to the west on the Pershore Road. Hunters Court student accommodation is next to part of the site’s western boundary. Opposite on Edgbaston Road to the south is a mixed-use site (called Edgbaston Mill), with flats up to eight storeys high and a new supermarket, and planning consent for a hotel, health and fitness facility, cafe, restaurant. The Tally Ho! police centre is to the south-west and local shops and a pub are opposite the Pershore Road access at Sir Harry's Parade. St Ambrose Grade II Listed Church is to the north-west, on the junction of Constance
Page 3 of 26 and Pershore Roads and Cannon Hill Park, a Grade II* registered park and garden, is also located to the southeast of the site.
3. Planning History
3.1. The site has long-standing history for mixed use and cricket-related development. Most recent and relevant applications are referenced below:-
3.2. 14/5/09 - 2008/05827/PA. New stand incorporating spectator seating, player, media and visitor facilities, museum & library, club shop & offices, conferencing, banqueting & exhibition facilities. Erection of five floodlighting columns & lights. Demolition of two dwelling-houses at the cricket club, & twelve dwelling-houses on Pershore Road. Erection of a mixed-use development (Outline with all matters reserved) comprising;
- Residential - 21,450sqm (103 flats, 152 family housing)
- Offices (Use Classes B1(a) and (b) - 13,990sqm
- Hotel (200 bed) (Use Class C1) - 5,830sqm
- Retail (Use Class A1) - 1,100sqm
- Restaurants/Cafes (Use Class A3) and Pubs/Bars (A4) - 4,515sqm
- Surface, basement & multi-storey parking - 33,070sqm (1219 spaces)
Approved subject to a S106 to secure: £90,000 towards the provision and/or improvement of Public Open Space and/or children's play facilities at Cannon Hill Park, a minimum of £1,403,836 (rising in line with development profit) towards the provision of affordable housing on the application site or off-site, a financial contribution of £250,000 towards the provision of public transport facilities, cycling route facilities, road markings and signage, and an Employment and Skills Agreement.
3.3. 07/10/2010 - 2010/04627/PA. Application for non-material amendments to the design of the five floodlighting columns and lights approved under application 2008/05827/PA, consisting of minor changes to the dimensions of the mast columns and heads, including removal of rectangular head frames, steel access ladders and walkways, and redistribution of the number of floodlight lamps between Type 1 and Type 2 floodlights. Approved.
3.4. 08/02/2012 - 2011/05161/PA. Reserved Matters submission seeking approval for Layout, Scale, Appearance, Landscaping and Access for the first phase of mixed- use development following the Outline consent of application 2008/05827/PA: erection of 133 flats, 79 dwelling-houses and 1,005 sqm Class A1/A3/A4 floor- space, provided within flatted blocks of up to ten storeys, and houses of two, three and four storeys, approved subject to conditions.
3.5. 12/01/2012 - 2011/ 05878/PA. Erection of two storey decked structure to create a first floor food court to provide food and drink for the cricket club’s major match days. Approved subject to conditions.
Page 4 of 26 3.6. 08/02/2012 - 2011/07269/PA. Variation of Condition C15 (to allow vehicular access to serve 31 dwellings) and Condition C18 (to enable the proposed undercroft car parking to be included within the overall car parking restriction specified in this condition) attached to approval 2008/05827/PA. Approved with conditions and a Deed of Variation.
3.7. 28/03/2013 - 2012/08542/PA. Variation of Condition C8 attached to planning consent 2008/05827/PA, to allow daytime use of the floodlights on more than 15 occasions per year, with evening floodlight use to remain restricted to no more than the existing 15 occasions per year. Approved subject to conditions.
3.8. There have also been a significant number of discharge of condition applications for the main 2008 and 2011 variation consents and several applications and notifications for telecommunication works and cricket-related operational development.
4. Consultation/PP Responses
4.1. Public Participation
4.2. Residents, Resident Associations, Councillors in Edgbaston, Moseley and Balsall Heath consulted and the local MP were consulted.
4.3. 10 objections received to the initial scheme on the following grounds:-
- additional pollution from cars - noise pollution, during construction and thereafter at peak times, and associated health implications - need for tree screening for existing residential neighbours - need for improved cycling and pedestrian routes/infrastructure from the proposed development across main roads (Priory Road, Pershore Road and Edgbaston Road.) - additional traffic congestion, particularly at peak events - insufficient parking provision - need for improved access arrangements to the cricket club - need more recreation and green space instead - need for family dwellings instead - need for a multi-storey car park - need for improved pedestrian crossings over Pershore Road - poor design - inadequate infrastructure to support the development (schools, doctors surgeries etc.) - residential tower is too high and out of keeping with the area - how affordable will the units actually be? - worried about on-going management arrangements and long-term appearance of the site - need to honour previous Section 106 commitments - adverse impact on existing leisure and commercial facilities nearby
4 further/repeat objections made to the revised scheme on grounds already listed above.
2 representations of support received to the initial scheme on the following grounds:-
Page 5 of 26 - An efficient and attractive use of a prominent site, and S106 money should be used to provide a segregated cycle route along Prior Road/Edgbaston Road - Improved facilities for spectators and a dedicated pedestrian area outside the ground will improve the match day experience
4.4. Councillor Deirdre Alden – objects on grounds of density, pedestrian and vehicle traffic conflict, insufficient proposed residential parking, loss of existing cricket club parking, too many flats and would prefer family houses with gardens, and loss of view from Wicket Tower
4.5. Councillor Matt Bennett – objects on grounds of insufficient parking, object to flats in preference to family housing, and adverse traffic congestion and junction hazards
4.6. Preet Kaur Gill MP – inadequate parking provision and need for underground parking to cater for all flats. To the revised scheme she re-iterates parking and traffic congestion scheme concerns, absence of affordable housing, and need for developer contribution to local highway improvement schemes.
4.7. The Moseley Society:
1. We are extremely concerned about the implications for traffic and congestion when this intensive development, with so few parking spaces, is erected. Pershore, Priory and Edgbaston Roads are already congestion hot-spots. We believe there are plans to improve safety for pedestrians and cyclists at the junction of these roads – we think it essential that that is done before this development takes place. We would prefer a much less intensive development.
2. We were not impressed by the design – particularly of the two large blocks. Tower blocks like that are being demolished in other parts of the city. We will be very interested to hear the opinion of the City’s Conservation and Design Review Panel. We thought the towers might be mistaken for correctional institutions – mainly because of the windows.
3. As the television cameras pan round to show views of the city while the players in televised cricket matches are taking tea, we would like to think they will be able to show that these buildings are illustrative of the high quality of design and materials used in some of our city’s fine buildings. We hope these plans can be improved and that the materials used will impress the television viewers from all over the world for many years to come.
To the revised scheme they comment that the height reconfiguration of the two blocks is an improvement, whilst maintaining concerns as to overall scale, mass and appearance. They are also concerned at ground level wind strengths causing problems for pedestrians and cyclists, and request green walls be provided.
4.8. Balsall Heath Forum – object to excessive height and scale of the development in the local area, and raise concerns with the loss of cricket club parking and additional traffic generation especially on major match days
4.9. Calthorpe Resident’s Society - Although the density is overwhelming, there are two main concerns: 1. the width of the pavement between the building line and the road. Is drivers' visibility restricted? If there are cafes/retail is there sufficient room for pedestrians? 2. This is already an extremely dangerous crossing. Although there are
Page 6 of 26 plans for a safe pedestrian crossing, immediate action should be taken to extend the time allowed for pedestrians to cross as an interim measure. It is currently less than 30 secs. With construction and increased activity the danger will increase.
4.10. Edgbaston Ward Forum – state that “parking remains a massive concern for local people as well as ensuring the ‘right type of people’ would be living in the apartments should the application be approved”. Also raise questions regarding parking provision, accommodation of match day parking, market rent details and need identification, management arrangements, and restrictions on future flat sales, adverse proximity, sound insulation, materials, proximity to neighbouring blocks and rights to light, strain on resources, query Patrizia’s knowledge of property development and the local community, and preference for family housing.
4.11. Consultation Responses
4.12. Transportation – seek amendments in respect of the proposed cycle route at the Edgbaston Road/Priory Road junction, and additional cycle parking provision. No objections subject to £20,000 contribution (for TRO’s/highway modifications, pre- development and post development base surveys) and £50,000 towards the junction and highway improvement scheme for the Pershore Road/Bristol Road/Edgbaston Road junction. Also require conditions for a Section 278 agreement, cycle storage, parking area provision, Parking Management Strategy, Demolition and Construction Management Plan, and electric car charging points. (Revised scheme – maintain previous comments)
4.13. Centro – no comments received
4.14. Regulatory Services – comments received in relation to further submissions on noise, air quality, lighting and land contamination and request conditions in relation to a Construction Method Statement and Management Plan, detailed lighting scheme, roof level ventilation extraction scheme, restriction on residential units at the ground floor, contaminated land assessment and remediation scheme, contamination verification report, refuse storage details, noise output restrictions from plant and machinery, commercial unit opening hours restrictions, noise and vibration assessments, and a scheme for noise insulation
4.15. The Gardens Trust – no comments received
4.16. Local Services – “The Parks Service do not object to the proposed development in terms of the loss of public open space as the development site is within privately enclosed land that is not publicly accessible. The development of 374 residential dwellings however requires the provision of on-site public open space and junior children's play facilities in accordance with BDP policy. The development is made up of 187 x 1 bed, 170 x 2 bed and 17 x 3 bed homes generating 578 persons. At 2 ha per 1000 persons, the standard provision necessary, this equates to the need for 11,560m2 of POS. The development is unable to provide this on site so an off-site contribution is necessary. The area of 1,225 m2 (the size of a junior play area) is deducted from the overall area leaving 10,335m2. The rate for creating new POS is £65 per sqm and therefor the POS contribution is £671,775. The cost of a children's junior play area (£110,000) is also required giving an overall contribution of £781,775 to be directed towards the provision, improvement and maintenance of public open space and children's play facilities in Cannon Hill Park in Moseley Ward.” (Revised scheme – reiterates previous comments and emphasises that contributions towards Cannon Hill Park infrastructure enhancement should be given precedence over other S106 claims.)
Page 7 of 26
4.17. Housing Development Team – from other 100% PRS schemes they have sought a commuted sum equivalent to 35% affordable housing, which based on the original 374 units of various 1 and 2 bed sizes equates to a total of £6,500,750. Sums to be staged on occupation and directed through BMHT schemes local to Edgbaston. (Revised scheme – no added comments received)
4.18. Historic England - On the basis of the information available to date, do not wish to offer any comments. They suggest views from BCC’s specialist conservation and archaeological advisers should be sought, as relevant. No further reconsultation with them is required.
4.19. Conservation Heritage Panel - The Panel raised concerns about the height of the tallest part of the scheme. The Panel requested that key CGI views are produced to assess impact of the proposed development on the Grade II* listed Registered Park and Garden and from the wider Edgbaston Conservation Area. The Panel discussed the form of the tower. The Panel advised that the stepping of the two towers at higher level is not successful. It was suggested that the form would be improved if one part were higher and one were lower, emphasising the slenderness of the taller vertical element. The Panel also offered comments on brick colour palettes, active frontages to Pershore Road, and landscaping.
4.20. Lead Local Flood Authority – No objection subject to conditions for drainage and a Sustainable Drainage Operation and Maintenance Plan. (Revised scheme – maintain previous requests for conditions)
4.21. Environment Agency - no objections subject to planning conditions relating to compliance with the submitted FRA in terms of finished floor levels, and investigation and mitigation of any unsuspected ground contamination. (Revised scheme – no further comments)
4.22. West Midlands Fire Service - Water supplies for firefighting should be in accordance with “National Guidance Document on the Provision for Fire Fighting”. Also provide guidance on vehicular access design, fire mains and sprinkler provision, and the need to meet Part B of the Building Regulations (revised scheme – no additional comments and provide the same advice)
4.23. BCC Education Infrastructure Team – request a total contribution of £1,023.465.34 (estimated breakdown as Nursery: £18,808.00, Primary £483,870.32 and Secondary £520,787.02). (Revised scheme – no further comments received)
4.24. West Midlands Police – make comments on glazing standards, landscaping maintenance, aspects of Secured by Design compliance, and Hostile Vehicle Management Plan details. Support for parking ratios, controlled entry, alarms and CCTV coverage for commercial units, 24 hour concierge service, appropriate anti- suicide measures for the roof terraces, bin storage area protection, and lighting. (Revised scheme – reiterate previous comments).
4.25. Severn Trent - No objection subject to a condition for details of foul and surface water flows and contact advice in relation to public sewers crossing the site. Revised scheme – no further comments received)
4.26. NHS – request a contribution of £12,215 to provide additional services and capacity to meet patient demand on the basis of the revised scheme
Page 8 of 26
5. Policy Context
5.1. National Planning Policy Framework (2012), National Planning Policy Guidance (2014). Historic England guidance for ‘The setting of Heritage Assets’ (2015).
5.2. Birmingham Development Plan (2017); Birmingham UDP- saved policies (2005). Car Parking Guidelines SPD, Places for Living SPG, Places for All SPG, High Places SPG, Lighting Places SPG, Conservation through Regeneration SDP, Public Open Space in New Residential Development SPD, and Affordable Housing SPG.
6. Planning Considerations
6.1. Principle of development
6.2. Policy TP27 of the BDP requires all new development to demonstrate that it is meeting the requirement of creating sustainable neighbourhoods. This is characterised by a wide choice of housing types, access to facilities (being shops, schools, leisure and work), access to sustainable travel, a strong sense of place with a high design quality, and promoting environmental sustainability. Policy TP3 of the BDP requires new development to be designed and constructed to sustainable standards which maximise energy efficiency, conserve water and reduce flood risk, consider the source of materials, minimise waste and maximise recycling during construction, have flexible and adaptable spaces and enhance biodiversity.
6.3. In terms of principle, the site is partly a result of a Compulsory Purchase Order and is identified in the SHLAA for residential use. Furthermore, the site has been subject to planning approvals for mixed use, the most recent approval (partially implemented) following approval in 2012 and 22 dwellings have been built to the rear (north) of the site.
6.4. I therefore consider the principle of residential and commercial use to be established. I also note that the current scheme is smaller in commercial floor space terms than the approved scheme, and focusses more comprehensively on the Private Rented Sector (PRS) housing model with the proposed level of supporting ancillary and commercial development. As such I consider that the principle of development is acceptable subject to no material considerations indicating otherwise, as discussed below. Planning Strategy colleagues endorse this view, noting its absence of formal BDP allocation and outline designation for housing purposes within the SHLAA. They also acknowledge the need for the scheme to abide by policies PG3 (Place making), TP30 (type size and density of housing), TP31 (affordable housing), TP9 (open space), and the sustainability policies TP2, TP3, TP4, and TP6 in relation to adapting to climate change, sustainable construction, low and zero carbon energy generation and the management of flood risk, and in light of submissions raise no objections thereto.
6.5. The scheme raises material considerations with regard to design and appearance, crime prevention, sustainable construction, traffic impact, ecology impact, heritage impact, impact on residential amenity, drainage and flood risk and compliance with planning obligations.
6.6. Design and appearance
Page 9 of 26 6.7. Part 117 of the NPPF states “Planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions”.
6.8. Part 122 of the NPPF states “Planning policies and decisions should support development that makes efficient use of land, taking into account: ….. e) the importance of securing well-designed, attractive and healthy places”.
6.9. Policy 127 of the NPPF states “Planning policies and decisions should ensure that developments:
a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;
b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping;
c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities);
d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit;
e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and
f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience”.
6.10. Paragraph 130 of the NPPF states “Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions, taking into account any local design standards or style guides in plans or supplementary planning documents. Conversely, where the design of a development accords with clear expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development. Local planning authorities should also seek to ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme (for example through changes to approved details such as the materials used)”.
6.11. Policy PG3 of the BDP seeks to create a positive sense of place with designs that respond to site conditions, local context, creates safe environments, provides attractive environments, make sustainable design integral, and supports the creation of sustainable neighbourhoods. Furthermore Policy 3.14 of the UDP (Saved Policies) states that a high standard of design is essential to the continued improvement of Birmingham as a desirable place to live, work and visit. It also requires developers to consider the site in context and states that to avoid problems of piecemeal and incremental development, comprehensive master plans should be
Page 10 of 26 prepared. Paragraph 56 of the NPPF states that “The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.”
6.12. The scheme has undergone various amendments at pre-application stage and during the life of the application, notably in response to feedback from CHP and City Urban Designers. A revised scheme was formally submitted which has altered the massing of the scheme to increase the height of the tallest tower element by two floors (from 15 to 17 floors) to improve its visual slenderness. The lower tower has been reduced by one storey to provide a stronger step in the building’s massing and improve the visual balance of the two height elements of the overall building. Changes were also made to the brick detailing and horizontal banding, window patterns, and additional glazing along the Pershore Road frontage. This scheme has undergone formal internal and external reconsultation.
6.13. In response to further feedback from Urban Designers on the revised scheme further alterations to the elevations have been submitted to incorporate additional glazing in the grey block and confirming opaque glazing in the cycle store. The following matters are suggested by the applicants for planning conditions: sample brickwork panels, northern elevation door and cladding details, detailed drawings of metal cladding at ground floor level alongside the Pershore Road, car park entrance gates and undercroft gate. My Urban Designer has considered the further submissions and raised no further objections although the brick tones to be used remain an issue for further clarification and consideration. He is content for this to be done via planning condition.
6.14. In relation to crime prevention West Midlands Police have made various comments on glazing standards, landscaping maintenance, aspects of Secured by Design compliance, and Hostile Vehicle Management Plan details. They express support for parking ratios, controlled entry, alarms and CCTV coverage for commercial units, the 24 hour concierge service, appropriate anti-suicide measures for the roof terrace, bin storage area protection, and lighting. It is anticipated that the details of these matters can be variously addressed by planning conditions, advisories and compliance with the Building Regulations.
6.15. In relation to landscaping matters the Landscape Officer comments, in relation to the Plaza, Car Parks and Public Realm, that the duality of grids that focus on both building and entrance pavilion remains contradictory. He has no objections to the number of trees proposed but the Pyrus needs replacing with something larger- growing in height and width and all trees need planting in enhanced tree pits and not planters. Planting beds need to be a minimum of 1.8m wide and permanent tree protection will be needed around the more vulnerable trees within car parks. Enhanced maintenance and replacement planting (when needed) will be essential if planting is to survive and thrive and detailed planting plans and schedules will be needed.
6.16. In relation to “The Residences” he comments although there are no objections to the conceptual landscaping proposals (subject to detailed planting plans and schedules) there is opportunity and need for really significant specimen tree planting on the Pershore / Edgbaston Roads corner forward of the proposed avenue trees. Additionally planting in tree pits (not planters) is again required. He recommends the applicants consider lighting that supports plant growth in shady courtyards. Overall both elements of the proposed development should be subject to planning
Page 11 of 26 conditions for landscaping scheme details, landscape management, boundary treatments, surfacing, and levels.
6.17. Housing mix
6.18. Policy TP30 states that proposals for new housing should deliver a range of dwellings to meet local needs and support the creation of mixed, balanced and sustainable neighbourhoods. It also identifies that new housing should be provided at a target density responding to the site, its context and housing need. The redevelopment of the site would deliver additional housing on a brownfield site which is identified in the SHLAA and which benefits from a previous wide-ranging mixed use development consent including part flatted housing. The proposal is identified as a PRS scheme and, although this isn’t recognised within the BDP as being different to traditional C3 housing, the overall concept proposes a mix of unit sizes which would enable residents to move and stay within the development as their needs change and to facilitate and create a sense of community. Ancillary service development, parking, private amenity and storage space and supporting commercial development would also foster this.
6.19. The City’s housing evidence base indicates that there is a need for larger properties but this is with reference to Birmingham’s strategic housing area as a whole. The proposed density is high but examples of high density, and high rise, development exist in the immediate locality. The scheme proposes a range of studio, one, two and three bed units which exceed the National Space Standards. It is also noted that policies PG1 and TP29 identify the importance of housing need/delivery, and it is considered that this scheme would positively contribute towards the achievement of these aims. The proposal is therefore considered acceptable in line with housing mix policy, noting Planning Strategy colleagues also raise no objections to the scheme.
6.20. Transportation matters
6.21. Policy TP44 of the BDP seeks the City to make optimum use of infrastructure across all modes and managing travel through a number of measures including the availability and pricing of car parking and ensuring the delivery of a sustainable transport network. The application has been supported initially by a Transport Assessment with site plan (DR-A-003), a Stage 1 Road Safety Audit and designer’s response, and a Framework Travel Plan.
6.22. Transportation Development note that the scheme proposes a new vehicle access onto Pershore Road and plaza alterations with modifications to the Edgbaston Road vehicle access. Dedicated parking provision for the residential development is 111 spaces for 375 one to three bedroom units. This equates to 30% parking provision. They note the shared use car park for the Cricket Club is in part available for residents to use but this car park is used on a daily basis by staff, and on a temporary basis by visitors to the club for matches and conferences and events that appear to take place around 70 days a year. This would allow 229 shared spaces to be available outside those events.
6.23. The vehicle access works are reduced in scale from the previously consented development and remove the new access sought on Edgbaston Road that would have required signalisation, and retains the priority junction on Pershore Road. This access is gated so access is limited to residents and servicing vehicles only. A Stage 1 Road Safety Audit has been carried out and a designer’s response provided
Page 12 of 26 which notes no significant problems, and capacity assessment that shows the highway to operate with no significant detriment.
6.24. In traffic generation terms Transportation observe that this proposal has much less impact than the previous consented scheme due to its proportionate reduction in scale and parking provision. Traffic counts were undertaken on the Pershore Road and Edgbaston Road junction as a comparison with historic counts and this shows no significant alteration in network flows.
6.25. They note a large number of public objections to the levels of car parking being offered, and this is balanced against residents having access to another 229 parking spaces on non-match and event days which will be resolved through the Car Park Management Plan. Based on the 111 spaces and its potential effects on surrounding roads, this has been considered in the Transport Assessment with a review of available parking on roads within 250m of the site, noting a number of which are already protected by parking restrictions. Census data shows an average 0.96 car ownership across Edgbaston, and 0.69 in Sparkbrook which borders the site to the north. It also notes 37% of households have no car in Edgbaston and 47% in Sparkbrook. As a local comparison the Hemosphere development to the south has 344 apartments with 220 spaces which equates to 63% provision.
6.26. As part of the application a briefing paper has been submitted to summarise how the operation and maintenance of the car parking areas and estate roads would be managed and controlled within the Car Park Management Plan (CPMP) for both the Cricket Club and The Residences. A framework CPMP has been prepared and full occupation of the development would be conditioned upon agreement of a final CPMP between the developers and the Club. In summary:
- The developers (Patrizia) would be responsible for maintaining the Residences access road from Pershore Road, the surface parking along it, the undercroft parking at The Residences, and the Northern Car Park (Area 4). The Club would be responsible for all remaining car parking spaces and estates roads. - Residents-only parking would comprise 75 spaces within the undercroft and 36 spaces along the access road. 21 spaces for visitors on the would be available on the service road adjacent ot the development (labelled Area 5). - 229 spaces shared spaces would be available within the Northern Car Park (Area 4) for residents, resident visitors, visitors to the retail and gym uses, and by the Club at certain times of the year. Visitors will need to pay additional charges. - Parking spaces would be available for lease to residents as an additional charge to leasing their apartment. - 355 spaces laid out within Areas 1, 2 and 3 would be for sole use by the Club. - Specific management arrangements will be put in place between the developers and the Club to manage the Northern Car Park (Area 4) during Peak Events (County matches and conferences occurring at the same time – anticipated at 15 per year) and Major Match Days (Test, One Day and T20 events – also anticipated at 15 per year), and provide advance warning of those events to Patrizia (of between 1 and 3 months).
6.27. Transportation also requested amendments to secure a layout plan which reflects the public highway boundary around the Edgbaston Road and Pershore Road junction, plans for which are being developed for the provision of a cycle route defined within the wide footway area. They further advised that BCC guidelines seek 100% cycle parking provision and currently the application refers to 188 spaces provided which equates to only 50%. The provision needs to be increased with
Page 13 of 26 double height stacking or other systems to enable this additional provision, which can be secured by planning condition. Conditions are also necessary covering the following matters – Section 278/TRO Agreement, cycle storage details, parking areas laid out, Parking Management Strategy, Demolition and Construction Management Plan, and electric vehicle charging points.
6.28. By way of Section 106 contribution Transportation requests a sum of money secured in a bond for potential future parking control measures, with parking reviews undertaken by the applicants to assess any impacts of the development. A sum of £20,000 is sought for possible future measures such as Traffic Regulation Orders and highway modifications, pre-development base surveys undertaken on roads within 1km of the site, and post-development surveys undertaken on a six monthly basis for three years following full occupation of the residential development.
6.29. They also seek a sum towards the junction and highway improvement scheme being proposed for Pershore Road/Bristol Road/Edgbaston Road junction. The development is sought given reduced car parking provision levels so a greater number of trips will be made by sustainable modes, which this scheme is seeking to improve. In devising this figure they noted that the previously consented development on the site had a much greater floor area and therefore agreed a larger S106 sum of £350,000. However to reflect the reduced level of development now proposed they suggest a suitable sum of £50,000 should be sought to go towards the junction improvement scheme.
6.30. Subject to the provision of these Section 106 sums and appropriate conditions Transportation raise no objections and the development is therefore considered to accord with Policy TP44 of the BDP.
6.31. Ecology Impact
6.32. Policy TP8 of the BDP states that “development which directly or indirectly causes harm to…species which are legally protected, in decline or rare within Birmingham or which are identified as national or local priorities will only be permitted if it has been clearly demonstrated that; there is a strategic need that outweighs the need to safeguard, the damage is minimised and mitigation put in place, or where appropriate compensation is secured”. This is also reinforced at paragraph 118 of the NPPF.
6.33. The City Ecologist/Arboriculturalist advises that the ecology issues raised by this site are fairly straightforward. None of the trees identified for removal hold bat roost potential (although will be of some benefit to birds). Two buildings have been identified for demolition which have low-negligible potential for roosting bats and some limited potential for nesting birds. These will require a pre-commencement check no more than 5 days prior to demolition should this occur within the bird nesting season.
6.34. A recommendation made in the ecology report for replacement bat and bird boxes , located on retained mature trees (in lower lit areas) or potentially integrated into suitable aspects of the new build should be implemented to mitigate for lost habitat. No evidence is noted for badgers but a hedgehog was recorded (on camera trap) utilising the scrub and trees along the northern boundary. A recommendation made in the ecology report (aside from working methods) to retain/reinstate some low level shrubs along this boundary should be taken into account with a broader bed, or by incorporating step-outs between blocks of parking bays. Hedgehogs are a rapidly declining species and have been heavily affected by the expansion of hard
Page 14 of 26 landscaped areas and impenetrable barriers to movement such as the security fencing. Installation of 150mmx150mm gaps at the base of the fence at strategic locations will aid their movement around the wider site.
6.35. The flat roofs of the buildings while identified as locations for plant and PV’s could also include elements of bio-diverse roofing – the type that utilises granular substrate with low growing annual flowering plants. These have been successfully used in conjunction with PV panels to provide valuable pollinator and bird foraging. Within formal landscaping details opportunity should be taken for using species beneficial to wildlife as part of an integrated approach; reference should be made to resources such as the RHS ‘Perfect for Pollinators’ list.
6.36. While the overall tree species suggested will provide biodiversity value it is limited in its resilience to climate change and current and future P&D, best practice would suggest that for an idealised tree population that no more than 30% of a family, 205 of a genus, 10% of a species be used. He suggests that there is ample opportunity to broaden the species choice while maintaining the biodiversity value.
6.37. He also notes that some of the species chosen are of a more upright form but are used in locations where species with broader crowns could be used (such as ornamental Pear). Trees planted in the hardscape need suitable access to moisture and gaseous exchange, while the tree pit details cover the basics (each to be sized according to the tree’s requirements) he feels there is a missed opportunity to include SUDS into the tree planting locations thereby dealing with attenuation of water run-off and providing a greater potential for access to moisture. Trees in hard landscaping also require air vents to allow gas exchange. In summary he recommends appropriate tree protection, landscaping and tree scheme, tree pit design, and no levels changes planning conditions. These conditions can be added in compliance with Policy TP8 although it is noted that the additional roof planting has already been declined by the applicant. This is not considered a sufficient reason for refusal alone.
6.38. Heritage Impact
6.39. Policy TP12 of the BDP states that in regard to the historic environment “the Council will seek to manage new development in ways which will make a positive contribution to its character”. In terms of development that affects the significance of a designated or non-designated heritage asset or its setting will be determined “in accordance with national policy” and “will be required to provide sufficient information to demonstrate how the proposals would contribute to the asset’s conservation whilst protecting or where appropriate enhancing its setting.”
6.40. Cannon Hill Park, a Grade II* registered park and garden, is located to the southeast of the site (beyond the cricket ground). In terms of impact on the setting of the park, the Heritage Assessment concluded that there was no harmful impact on any heritage assets and my Conservation Officer concurs with this in broad terms, however he was less convinced by the discussions around the impact of the tower on Cannon Hill Park and without a visualisation of some kind from the park towards the tower this seems assumed rather than demonstrated. Additional visualisations have now been provided which show the proposed development in the context of adjoining high rise development, upon which Officers conclude that the proposal would not materially alter impact on those heritage assets beyond current levels. The Gardens Trust have not commented on either scheme iteration and Historic England have advised they are content to leave the consideration of heritage asset impacts to the Council to consider.
Page 15 of 26
6.41. In terms of Archaeology, the site overlies the former course of the River Rea which is a known focal point for prehistoric and medieval activity and my Conservation Officer was initially disappointed that this was dismissed as having very low potential so easily. He acknowledges that an earlier borehole assessment some distance away found very little but does not think it can be concluded that there will be nothing further solely by extrapolating the results from 300m away. Accordingly he recommends that a condition is attached for an archaeological investigation. This can be appended in compliance with the aims of Policy TP12.
6.42. Impact on Residential Amenity
6.43. The existing residential uses are located to the north, northwest and northeast of the site. The northern part of the site is proposed to be laid out as new and rationalised car parking with the addition of new landscaping and also an operations compound. In assessment of impact on residential amenity the application is supported by a light impact assessment, air quality assessment, acoustic design statement, supplementary intrusive ground investigation, and a wind comfort desk study.
6.44. In terms of the impact of the tower and residential blocks on residential amenity impact has been considered on the nearest off-site residential uses to the south and west of the site. These notably include a three storey student halls of residence to the south and the residential Wicket Tower to the west of the block and dwellings in Wyatt Close. Having considered the distance and being opposite the site over major roads (Edgbaston Road and Pershore Road) I do not anticipate substantial impact on the amenity of residents living in these off-site blocks that could warrant a refusal on residential amenity impact grounds. The submitted daylight/sunlight assessment acknowledges that there will some impact on neighbouring buildings in the morning when shadows cross Pershore Road but this effect dissipates throughout the afternoon and early evening as the sun tracks round. Overall, I do not consider that their residential amenity would be materially affected by the proposed scheme sufficient to warrant refusal.
6.45. The submitted Wind Comfort Desk Study also concludes that the development at street level will be suitable for general outdoor recreation. The development will be at its windiest along the Edgbaston and Pershore Road boundaries but the development will provide shelter across the stadium plaza. The overall development is not anticipated to have an adverse effect on the wind climate of the surrounding area, and areas to the east outside the commercial units would benefit from trees, planters or screens to increase prolonged sitting out opportunities in the summer. The rooftop terrace will be more windy but still suitable for sitting out in warmer summer months.
6.46. The impact on the residential amenity of dwellings to the north of the overall site, and on future occupiers of the proposed flats also needs to be considered. In light of initial queries and concerns from Regulatory Services regarding aspects of the supporting studies further submissions have been made. In relation to lighting impact further lux diagrams are still required however this can be achieved as part of a lighting scheme condition. In relation to the control of noise some further details of methodology are needed but this can also be addressed by a condition for a further noise and vibration assessment as well as planning conditions in relation to noise rating levels from plant and machinery, noise insulation specifications, and hours restrictions to the commercial uses and delivery times. Boundary treatment details particularly adjacent to existing dwelling boundaries along the Cricket Grounds northeast and northwest boundaries will important in terms of reducing noise and
Page 16 of 26 light pollution from proposed car parking activities and the operations compound on adjoining residential amenity.
6.47. Regarding air quality Regulatory Services are satisfied with the further submissions received provided the ground floor uses are conditioned to prevent their use for residential purposes, and the termination of any extraction/ventilation flues at roof level. The applicant advises that flues could be achieved within the riser for Block A to enable roof level termination and this can be developed further at detailed architectural design stage. Lastly in relation to contaminated land issues further discussion is underway between Regulatory Services and the applicant’s consultants on aspects of submitted data in relation to gas protection. However these issues are of a significance that can also be satisfactorily dealt with by appropriate conditions for further site assessment and a remediation scheme and a verification report. Finally Regulatory Services also request conditions for refuse storage details and a Construction Management Plan for wider noise control reasons.
6.48. As discussed elsewhere in this report amenity space is provided within the Podium courtyard and roof terrace totalling 2,200sqm. A gym is also proposed within the ground floor commercial units. Given the flatted PRS nature of the development this range of provision is considered appropriate and the close proximity of Cannon Hill Park is also noted. Furthermore a viability-assessed contribution towards POS/play space enhancement at Cannon Hill Park will also be secured within the Section 106 legal agreement. The flat units and bedroom sizes also meet the National Technical Space Standards. Subject to conditions and further details the development is considered satisfactory in terms of impact on the amenity of nearby residents and future occupiers.
6.49. Sustainable construction
6.50. BDP Policies TP2 (Adapting to climate change), TP3 (Sustainable construction), TP4 (Low and zero carbon energy generation), TP5 (low carbon economy) and TP8 (Biodiversity and geodiversity) set out the Council’s sustainability expectations. The submitted Sustainable Design and Construction Statement and Energy Statement set out how the construction will used the fabric-first approach to exceed the minimum requirements of the Building Regulations in the form of materials and construction techniques, glazing choices, orientation to maximise solar gain, natural daylight and ventilation, the use of high efficiency lighting and electric panel heaters, solar panels, water metering, permeable parking surfaces, construction waste management, operational waste management and recycling, cycle parking and electric vehicle charging. Provided these measures are conditioned and achieved accordingly the development is considered to meet the broad policy objectives for sustainability.
6.51. Drainage and flood risk
6.52. Policy TP3 of the BDP states that new development should be designed and built to sustainability standards which include conserving water and minimising flood risk. Furthermore Policy TP6 of BDP states that developers must demonstrate how surface water drainage would not exacerbate existing flooding and seeks a minimum of 20% reduction in peak flows between the existing and proposed water flows. It is also a core principle of the NPPF (paragraph 7) to take full account of flooding issues in decision making.
Page 17 of 26 6.53. The Lead Local Flood Authority agrees in principle with the information provided in the Flood Risk Assessment and associated Below Ground Drainage Strategy. They will require information in relation to layout plans and cross-section, discharge rates, detailed calculations, exceedance flows, and maintenance information in any forthcoming Discharge of Condition application in order to discharge the recommended conditions, and appropriate conditions for drainage and a Sustainable Drainage Operation and Maintenance Plan can be appended in compliance with Policy TP3. Severn Trent also has no objection subject to a condition for details of foul and surface water flows and contact advice in relation to public sewers crossing the site. The Environment Agency similarly raises no objections subject to planning conditions relating to compliance with the submitted FRA in terms of finished floor levels, and investigation and mitigation of any unsuspected ground contamination.
6.54. Compliance with planning obligations
6.55. Policies 8.50-8.54, of the UDP (Saved Policies) relates to the use of Planning Obligations and states that the Council will take all appropriate opportunities to negotiate planning obligations and will determine the type, scale and mix based on several factors including Policy, local commentary and any specific local needs.as does. Policy TP47 of the BDP also relates to developer contributions and provision to make a development acceptable in planning terms, mitigate its impact, and provide for physical, social and green infrastructure to meet the needs associated with the development. Furthermore Paragraph 56 of the NPPF states that Planning Obligations should be sought when they meet the following tests;
- Necessary to make the development acceptable in planning terms - Directly related to the development; and - Fairly and reasonably related in scale and kind to the development.
6.56. The proposal generates a Policy requirement for the provision of Public Open Space (Policy TP9), Affordable Housing (Policy TP31) and transport-related improvements (TP44).
6.57. In terms of Public Open Space (POS), the scheme includes the provision of general areas of public realm, and specifically a private courtyard garden and roof terrace which amount to 2,200sqm. The scheme proposes the provision of 375 dwellings, and colleagues in Local Services have calculated that this generates the requirement for 11,560sqm of POS. There is no scope to provide all of this on-site and an off-site provision would therefore be required. Local Services have indicated that to provide this level of POS would generate a sum of £781,775, they advise that this would be spent on improvements at the provision, improvement and maintenance of public open space and children's play facilities in Cannon Hill Park.
6.58. In terms of Affordable Housing (AH), the Policy requires a provision of 35% affordable housing. However, the applicants are unable to provide this on site as it relates to a development for the Private Rented Sector. As such an off-site provision is sought, which also accords with Housing colleagues’ preference for contributions towards BMHT scheme delivery locally which directly help towards reducing housing waiting lists. Housing Strategy colleagues have calculated that an on-site subsidy would convert to an off-site sum of £6.5M.
6.59. Transportation colleagues are also requesting £70,000 towards transport-related works locally (specifically a £20,000 contribution for TRO’s/highway modifications, pre-development and post-development base surveys and £50,000 towards the
Page 18 of 26 junction and highway improvement scheme for the Pershore Road/Bristol Road/Edgbaston Road junction.
6.60. The applicant has provided a Financial Appraisal. This has illustrated that the scheme cannot afford to make a full Policy-compliant provision of S106 requirements. The City’s appointed assessors have commented that the scheme cannot tolerate a provision of any section 106 with a typical 10% developers return at cost. Following considerable negotiation Lambert Smith Hampton have recommended the Council accept a final offer now made of £1,025,000 (which equates to a 9% affordable housing provision). Given competing infrastructure demands it is recommended that this is split into the following components:-
- £825,000 off-site contribution towards affordable housing (BMHT schemes in the locality) - £130,000 off-site POS/play space contribution (to be directed towards Cannon Hill Park) - £70,000 towards transport-related works locally (specifically a £20,000 contribution for TRO’s/highway modifications, pre-development surveys on roads within 1km of the site, and post-development base surveys on a 6 monthly basis for 3 years following full occupation of the residential units, and £50,000 towards the junction and highway improvement scheme for the Pershore Road/Bristol Road/Edgbaston Road junction.
6.61. I am therefore satisfied that to achieve a viable scheme the S106 requirement should be adjusted to the sums listed above. I recommend that a S106 is drafted to secure these sums.
6.62. It is noted that the previous scheme S106 also contained an Employment and Skills Agreement which is recommended for replication to accord with the Employment Team’s renewed request in this application for local employment provision via either Section 106 or planning condition. Such a prevision would accord with the requirements of Policy TP26 in relation to local employment.
6.63. In terms of the Community Infrastructure Levy, the site is within an area defined as ‘low’ residential value meaning that a zero charge is set. With respect to the request for funding towards education and the NHS, these are covered by the Community Infrastructure Levy (CIL). The proposal is a non-CIL liable development and as such does not attract a CIL contribution.
7. Conclusion
7.1. The scheme constitutes sustainable development which has undergone amendment in relation to design and appearance and which would contribute to housing delivery on a site identified in the SHLAA as suitable for housing purposes. Subject to suitable details and conditional controls the development will not have an adverse impact on highway safety, ecology, heritage assets, residential amenity for existing neighbours or future occupiers, drainage or flood risk. In light of detailed viability analysis a package of deliverable contributions to achieve off-site affordable housing, off-site POS/play space, off-site highway works, and local employment and skills provision is also proposed. The proposal is therefore in accordance with the aims and objectives of both local and national planning policy and should be approved subject to conditions and a legal agreement.
Page 19 of 26 8. Recommendation
8.1. That consideration of application 2018/05638/PA be deferred pending the completion of a Section 106 legal agreement to secure:
8.2. a) £825,000 off-site contribution towards affordable housing (BMHT schemes in the locality)
8.3. b) £130,000 off-site POS/play space contribution (to be directed towards Cannon Hill Park)
8.4. c) £70,000 towards transport-related works locally (specifically a £20,000 contribution for TRO’s/highway modifications, pre-development surveys on roads within 1km of the site, and post-development base surveys on a 6 monthly basis for 3 years following full occupation of the residential units, and £50,000 towards the junction and highway improvement scheme for the Pershore Road/Bristol Road/Edgbaston Road junction.)
8.5. d) Local Employment and Skills Agreement
8.6. e) Payment of a £10,000 monitoring and administration fee associated with the legal agreement.
8.7. In the absence of a suitable legal agreement being completed to the satisfaction of the Local Planning Authority by 30th April 2019, planning permission be refused for the following reasons:
8.8. In the absence of a legal agreement to secure off-site contributions towards affordable housing, POS/play space, transport-related improvements, and provision of a Local Employment and Skill Agreement the proposal conflicts with Policies TP47 (Developer contributions), TP31 (Affordable housing), TP9 (Open space, playing field and allotments), TP44 (Traffic and congestion management), and TP26 (Local employment) of the Birmingham Development Plan 2017, the Affordable Housing SPG, Public Open Space in New Residential Development SPD, and the NPPF
8.9. That the City Solicitor be authorised to prepare, seal and complete the appropriate legal agreement.
8.10. That in the event of an appropriate legal agreement being completed to the satisfaction of the Local Planning Authority by 30th April 2019, planning permission be APPROVED subject to the conditions listed below:-
1 Requires the scheme to be in accordance with the listed approved plans
2 Requires the prior submission of Palaeoenvironmental/Dendrochronological Archaeological Work
3 Requires the prior submission of a contamination remediation scheme
4 Requires the prior submission of a contaminated land verification report
5 Requires the submission of unexpected contamination details if found
Page 20 of 26
6 Shop Front Design
7 Limits the hours of use for the commercial units from 08:00-23:00 Sundays to Thursdays and 07:00-24:00 Fridays and Saturdays
8 Limits delivery and collection times to or from the commercial units to not be outside the hours of 08:00-19:00 Mondays to Saturdays or 09:00-19:00 on Sundays
9 Requires the prior submission of a sustainable drainage scheme
10 Requires the submission prior to occupation of the properties of a Sustainable Drainage Assessment and Sustainable Drainage Operation and Maintenance Plan
11 Drainage plans for the disposal of foul water flows
12 Development in accordance with the approved Flood Risk Assessment and finished floor level mitigation measures.
13 Requires the submission of a scheme for ecological/biodiversity/enhancement measures
14 Requires the submission of extraction and odour control details
15 Noise assessment for noise and vibration levels to habitable rooms
16 Requires the prior submission of noise insulation (variable)
17 Requires the prior submission of hard and/or soft landscape details
18 Requires the submission of hard surfacing materials and permeable paving
19 Requires the submission of boundary treatment details
20 Requires the submission of a landscape management plan
21 Requires the prior submission of a lighting scheme
22 Details of suicide prevention measures to the roof terrace
23 Details of Hostile Vehicle Mitigation Measures
24 Details of noise prevention and boundary treatment measures to the Operations Compound
25 Requires the prior submission of a materials sample panel
26 Requires the prior submission of a CCTV and security measures scheme
27 Requires the prior submission of details of refuse storage
28 Requires the submission of a parking management strategy for the shared parking facilities
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29 Requires the prior submission of a residential travel plan
30 Requires the parking area to be laid out prior to use
31 Requires the submission and completion of works for the S278/TRO Agreement
32 Requires the provision of vehicle charging points
33 Requires the submission of cycle storage details
34 No residential units on the ground floor
35 Requires the prior submission of a Demolition and Construction Method Statement/Management Plan
36 Requires the prior submission level details on a phased manner
37 Requires the prior submission of a phasing plan
38 Provision of solar panels and sustainablity measures
39 Requires the replacement of any trees removed during construction
40 Requires the implementation of tree protection
41 Details of tree pit design
42 Demolition pre-commencement check
43 Implement within 3 years (Full)
Case Officer: Tracy Humphreys
Page 22 of 26 Photo(s)
Photo 1 – Current main entrance to WCCC on Edgbaston Road
Photo 2 – View of site facing westwards
Page 23 of 26
Photo 3 – View of site facing westwards
Photo 4 – View of site from Edgbaston Road/Pershore Road/Priory Road junction
Page 24 of 26
Photo 5 – View of site eastwards from Priory Road
Photo 6 – View across site from North
Page 25 of 26 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
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Committee Date: 14/03/2019 Application Number: 2019/00112/PA Accepted: 14/01/2019 Application Type: Householder Target Date: 11/03/2019 Ward: Edgbaston
45 Ryland Road, Edgbaston, Birmingham, B15 2BN,, ,
Erection of two and three storey side and single storey rear extensions Recommendation Approve subject to Conditions
1. Proposal
1.1. Erection of two and three storey side and single storey rear extensions.
1.2. The proposal consists of the erection of a new single storey rear extension for the provision of an extended dining room and connected kitchen along with a new utility room, storage and WC. An existing ground floor store to the rear of the dwelling is proposed to be converted into a conservatory.
1.3. The proposed side extension element creates a new ground floor garage space a new first floor bedroom which allows the conversion of a bedroom to office space and two new first floor en-suites. The side extension also allows for the conversion of the second floor office into a fourth bedroom with connected en-suite and roof terrace space.
1.1. Link to Documents
2. Site & Surroundings
2.1. The Site is a three storey semi-detached Victorian property situated within the northern side of Ryland Road. The area is residential in use with a mix of traditional properties of sizes and styles. The site sits within the Ryland Road Conservation Area and is adjacent to the Edgbaston Conservation Area. The site is a mirror of its neighbour number 44 Ryland Road albeit with an additional gate to the side of the property that currently provides private parking.
2.2. In terms of listed buildings, the site sits opposite a circa 1830-40 pair of semi- detached 2 storey stucco faced small houses that are Grade II listed and 6 doors down from a pair of circa 1835-40, small scale 2 storey stucco terrace of 2 bay houses that are also Grade II listed.
2.3. Site Location
3. Planning History
3.1. None
Page 1 of 8
4. Consultation/PP Responses
4.1. Public participation carried out, Site notice posted, neighbours and Ward Councillors notified. Objections Received from 11 individuals and one MP.
4.2. The MP’s Objection is on behalf of a constituent and is summarised as follows:
• Given the size of the proposed extension, it will substantially alter the character appeal and setting of Ryland Road, which has remained constant for 122 years since the last houses were built. • The inclusion of solar panels and toilet glass windows at the front of this property will severely negatively impact the visual character of Ryland Road. • 45 Ryland Road sits across from several listed buildings whose setting and amenity value will be negatively impacted by this large extension. • Numerous trees which are home to roosting bats are proposed to be removed. 44 • Ryland Road will lose significant amounts of privacy due to the extension, which may affect the value of the property. They are also likely to lose significant amounts of light in their garden and in the property.
4.3. The other objections received are summarised as follows: • The proposal constitutes material harm to the Edgbaston Conservation Area by filling the gap at the end of Ryland Road. • The proposal constitutes material harm to the Edgbaston Conservation Area by positioning solar panels on its front elevation. • The proposal constitutes material harm to the Edgbaston Conservation Area by virtue of its scale and massing. • The proposal would harm the architectural amenity of number 44 ,45 Ryland Road as well as the wider street scene by removing the symmetry between the properties • The materials proposed would not match the existing dwelling due to the age differential between the original dwelling and proposed extension. • The proposal constitutes overdevelopment of the site. • The extensions are not subservient to the original dwelling. • The proposed rooftop balcony would introduce a rendered wall within the roof space. • The rooftop of the proposed ground floor extension will be used as an additional balcony. • The proposal will have an adverse impact on neighbouring amenity by virtue of overlooking from the rooftop balcony and dormer window. • There is a lack of information submitted with the application and the application form has been filled out incorrectly. • The proposed side extension would block sunlight to the street. • The proposed development would overlook opposite dwellings. • The proposed development would leave a negative impression with runners of the Commonwealth games marathons as runners through the area have previously commented on the beauty of the semi-detached pair. • The proposed bank alterations could negatively impact trees within the area. • If planning permission is granted then restrictions should be placed on construction times and site delivery times between 5:30pm and 9am.
Page 2 of 8 • The proposed development could constitute a hazard to pilots by virtue of the reflected glare from the panels. • The proposed solar panels could reflect on the nearby listed buildings. • The proposed rooftop terrace will impact the enjoyment and privacy of an objector’s home; therefore they are an impingement upon their human rights. • There is a mature tree in the applicant’s front garden not listed in the application form. • Render is proposed to be used on the roof terrace but is not listed on the application form. • The applicant has not submitted a design and access statement. • The applicant has not filled out the application form correctly with regard to land ownership, therefore the application is invalid. • The roof is formed of asbestos slates; the proposal therefore constitutes a risk to health and safety if approved.
5. Policy Context
5.1. The following local policies are applicable: • Places for Living (2001) • Extending your Home (2007) • Mature Suburbs SPG (2008) • Birmingham Development Plan (2017) • UDP 2005 (saved policies 3.14 – 3.14D & Chapter 8) • Regeneration through Conservation: Birmingham Conservation (1999) • 45 Degree Code Specific Policy Guidance.
5.2. The following national policies are applicable: • The National Planning Policy Framework 2018
6. Planning Considerations
6.1. This application has been assessed against the policy and guidelines outlined above.
6.2. The key factors for consideration in the determination of this application are the scale, massing, layout and design of the proposal, the impact on neighbouring amenity and the impact on the designated heritage asset of the Edgbaston Conservation Area.
6.3. Amended plans have been sought and received at the behest of the Conservation Officer. The plans remove the solar panels from the front elevation, alter the design of the windows on the front elevation to better fit the existing elevation, change the materials used on the side elevation to brick and change the rendered wall to the rear of the roof balcony to brick to match the existing. A Design and Access Statement has also been submitted on request.
Impact of Design on architectural amenity and Heritage Assets 6.4. With regard to scale, massing, layout and design the proposal it is considered acceptable. The proposal although large in scale complies with the guidelines within the ‘Extending Your Home’ SPD for extensions and sets back the proposed side extension back from the front elevation by 1.2m and down from the roofline by 0.5m. Unless directly facing number 45 Ryland Road the proposed side extension will not be overly visible and therefore would not have an overt impact on the street scene.
Page 3 of 8 Whilst I do consider the existing architectural relationship between 44 and 45 Ryland Road to have elements of symmetry I do not consider the proposal to materially alter the characteristics that create this effect i.e. the placement of windows and brick detailing on the primary elevation. The proposal site already has pre-existing differences to number 44 observed in presence of the side gate and differences in rendering and paving within the front garden, I do not consider the addition of the side extension would harm the relationship between the properties. The proposed development to the rear does add extensive floor space, much of this space would be contained within the 3m high single storey rear extension, due to its positioning the visibility and impact on architectural amenity from the proposed rear extension will be limited unless one moves towards the upper reaches of the neighbouring garden. The side extension screens the rear from the street as such I consider the rear elements of the proposal do not harm the architectural amenity of the neighbouring property or that of the wider area. The proposed side extension is not larger or taller than the existing dwelling and is approximately 4m in width, as such the proposal is expected to have a limited impact on light levels and shadow profiles within the street, impact on light levels within the street therefore is not considered sufficient grounds to merit refusal. A number of objectors raised concern over matching materials to the existing dwelling, I concur that the age discrepancy will present an initial difference in building materials however this effect will lessen over time due to weathering, a sample materials condition will also be attached to ensure the selection of materials appropriate for the setting of the site.
6.5. With regard to the impact of this proposal on the designated heritage assets of the Edgbaston and Ryland Road Conservation Areas this application is considered acceptable. The Conservation Officer considers that in terms of impact on the Ryland Road Conservation Area the front elevation is the only consideration as the rear of the site is not visible form the street. The Officer considers that due to the setback of the side extension it would have limited visibility from the street and therefore has a minimal impact on the Ryland Road Conservation Area. In terms of impact on the Edgbaston Conservation Area the Officer considers that the majority of the rear of the site is screened extensively by tree growth and as such not very visible form Liberty Gardens therefore they consider the impact on the setting of the Edgbaston Conservation Area would be negligible. In terms of impact on the setting of nearby listed buildings, no. 78 Ryland Road and nos 37-42 Ryland Road the Officer concluded that the listed buildings would have no or limited intervisibilty with the proposed development and did not feel that the proposal would cause harm to the setting of these listed buildings. With regard to Nos.74 & 75 Ryland Road they concluded there would be some intervisibilty with the proposed development felt it to be limited due to tree screening and therefore considered the proposal would cause minimal, if any, harm to the setting of these buildings. The Officer did request changes to the front, side and rear elevations, after amended plans were submitted they were satisfied with the proposal and raised no objections.
Impact on Neighbouring Amenity 6.6. With regard to the impact on neighbouring amenity the proposal complies with the 45 degree code. With regard overlooking, the proposed dormer window does not face 44 Ryland Road and faces up the garden of the application site with ancillary views of number 44 being blocked for the majority by the rear wing of 45 Ryland Road. The rooftop balcony also faces up the garden and oblique views of 44 Ryland Road are either blocked by the existing rear wing of the property. The rooftop balcony will have some oblique views of the area to the rear of the Beeches student accommodation, however there is considered to be no impact on the amenity of student residents due to the density of tree growth and the distance of the balcony
Page 4 of 8 from the student blocks. The agent advises that the doors onto the roof of the single storey rear extension are inward opening and covered by a glass balustrade the only access to the roof would be for the cleaning of the roof space and that there is no intention for the space to be used as an additional balcony. The proposal maintains the required 27.5m separation distances between facing elevations and leaves the pre-requisite 70sqm of private amenity space as specified by the ‘Extending Your Home’ SPD. The proposed front windows will be obscured glaze, as such there is considered to be no issues of overlooking with regard to properties opposite. With regard to issues surrounding land ownership, land disputes are not a material consideration when granting planning permission. However after discussions and clarification with the applicant and agent Officers are satisfied that Certificate A is appropriate in this instance and all other land disputes are outside of the remit of this application.
Ecology and Trees 6.7. With regard to arboricultural and wider ecological impact the proposal is considered acceptable. The Ecology Officer raises no objections. There is limited potential for bats present on the site and precautionary measures would be sufficient, if a bat is encountered work will cease and a qualified bat worker called in. With regard to trees the Officer considered that the bank re-profiling should not impinge greatly on the root networks of trees within the TPO area. The ecology section contained within the design and access statement states that if tree routes over 25mm in diameter are uncovered an arbrocultralist will be called in to assess and discuss options for removal. There were also signs of badger push through on the site and as such identified access points will be blocked, all site excavations will be covered at night or a ramp fitted to allow mammals that fall in to escape.
Other Matters 6.8. I note that objections have been made on the grounds of infringement on human rights, the policy and guidelines listed above by which this application is assessed against are created to protect said rights, where this application is considered acceptable and in accordance with the policy above there is considered to be no impingement of the human rights of interested parties. With regards to comments concerning impact on land values. This is not a material planning consideration and so is not taken into account when determining applications. The impact on potential runners of the Commonwealth Games is likely to be minimal, as architectural amenity has already been assessed in this report the impact on the runners is not considered sufficient grounds for refusal. With regards to discrepancies and inaccuracies on the application form, the submitted plans and design and access statement combined with the site visit are what are used to determine applications and as such discrepancies on the application form are not something that would merit refusal. With regards to objections made about the proposed solar panels, the panels have been removed from the front elevation through amended plans by the request of the Conservation Officer. In response to objections and to a request made by myself and the Conservation Officer a design and access statement was submitted despite the proposal falling just under the 100sqm requirement to provide such a statement. With regards to hazards resulting from asbestos, these are not a planning concern and would fall within the remit of building regulations.
7. Conclusion
7.1. This application is considered acceptable in terms of impact on heritage assets and the street scene in general, residential amenity and ecology. The application complies with the guidelines and objectives contained within the policy laid out above.
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8. Recommendation
8.1. Approve Subject to Conditions
1 Requires the scheme to be in accordance with the listed approved plans
2 Requires the submission of sample materials
3 Requires obscure glazing for specific areas of the approved building
4 Requires the prior submission of level details
5 Requires the submission of boundary treatment details
6 Prohibits the use of the single storey rear extension rooftop as a balcony.
7 Implement within 3 years (Full)
Case Officer: Emma Bradley
Page 6 of 8 Photo(s)
Page 7 of 8 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
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Committee Date: 14/03/2019 Application Number: 2018/06724/PA Accepted: 24/08/2018 Application Type: Full Planning Target Date: 19/10/2018 Ward: Billesley
Land at rear of Charlecott Close, Moseley, Birmingham, B13 0DE
Erection of a two storey residential building consisting of four flats with associated landscaping and parking Recommendation Approve subject to Conditions
1. Proposal
1.1. Consent is sought for the erection of a two storey residential building consisting of four flats with associated landscaping and parking on land to the rear of Charlecott Close, Moseley.
1.2. The proposed two and three bedroom flats would be sited to the north-west of Falstaff House and would be accessed via a small track off Charlecott Close. The existing thirty dilapidated garages to the rear of Falstaff House would be removed to accommodate the proposed development.
1.3. The proposed building would have a dual gable roof design and would be constructed of multi-red brick walls, smooth dark brown concrete roof tiles, white uPVC windows and glazed natural wood stain timber doors.
1.4. The layout of the flats would consist of the following:
• Unit 1A – Would have a gross internal floorspace of 88sqm consisting of three bedrooms (12.2sqm, 11.5sqm and 9.4sqm), living room (23.2sqm), kitchen/dining room (20sqm) and bathroom.
• Unit 1B - Would have a gross internal floorspace of 75.6sqm consisting of two bedrooms (15.9sqm and 11.5sqm), living room (23.sqm), kitchen/dining room (14.5sqm), bathroom and en-suite.
• Unit 2A - Would have a gross internal floorspace of 70sqm consisting of two bedrooms (12.5sqm and 11.5sqm), bathroom, living room (20.6sqm) and kitchen/dining room (11.9sqm) with balcony.
• Unit 2B - Would have a gross internal floorspace of 70sqm consisting of two bedrooms (11.7sqm and 11.5sqm), bathroom, living room (18.8sqm), kitchen/dining room (11.6sqm) with balcony.
1.5. The application proposes 6 on-site car parking spaces situated at the end of the access. An amenity space of approximately 580sqm would be provided.
Page 1 of 14 1.6. The site measures 0.15ha and the development represents a density of 27 dwellings per hectare.
1.7. The application submission is accompanied with a Design & Access Statement which includes a site appraisal, relevant planning policy, design proposals, an environmental impact assessment and access statement.
1.8. Link to Documents
2. Site & Surroundings
2.1. The application site is located within a residential area in Moseley. Charlecott Close is a short cul-de-sac which serves a self-contained and distinctive housing development consisting of five, three-storey blocks of flats. These are grouped somewhat informally around the end of the cul-de-sac, on land which forms an angle between the rear gardens of Willersey Road, Wake Green Road and The Hurst. Where the site narrows, to the north-west, there is a derelict and overgrown courtyard containing approximately 30 single garages. This lies behind two of the blocks of flats, Falstaff House and Regan House.
2.2. The topography of the site slopes gently down from south-west to north-east. Swanshurst Brook Valley is situated adjacent to the north-west corner of the site. The application site and the adjoining sites are not located within a formal designated wildlife site. The application site is located outside flood zones 2 and 3.
2.3. Site Location Plan
3. Planning History
3.1. 1998/04582/PA - Erection of 4, two-bedroom flats and construction of parking areas and means of access – Refuse - 11/02/1999. The application was refused for the following reasons: 1) The development would adversely affect the amenities of occupiers of dwellings/premises in the vicinity by reason of nearness, overlooking, noise and disturbance. 2) The development would be detrimental to the visual amenities of the area. 3) The car parking facilities proposed are inadequate. 4) The proposal would reduce the available car parking facilities on the site and the alternative parking proposed would be inadequate. 5) The site is situated within an established residential development which has been developed as a whole and the erection of a block of flats by using garaging forecourt and landscaped areas would be out of character with the existing development.
3.2. 1999/04376/PA - Erection of 2 semi-detached bungalows and 11 garages and construction of parking areas – Refuse - 14/09/2000. The application was refused as it was considered that the development would detract from the character and visual amenity of the site and would be detrimental to the setting and environment of existing dwellings within the site. Furthermore, the development would adversely affect the amenities of occupiers of existing dwellings within the site, due to loss of privacy and detriment to outlook. The means of vehicular access was also considered to be inadequate.
3.3. 2000/05149/PA - Erection of 2 semi-detached bungalows, with attached garages and block of nine garages and construction of parking areas – Refuse - 18/05/2001 (Appeal ref: APP/P4605/A/01/1077834 - Dismissed: 25/03/2002). The application was refused as it was considered that the development would detract from the character and visual amenity of the site and would be detrimental to the setting and
Page 2 of 14 environment of existing dwellings within the site. Furthermore, the development would adversely affect the amenities of occupiers of existing dwellings within the site, due to loss of privacy and detriment to outlook.
4. Consultation/PP Responses
4.1. Local Councillors, Residents Associations, Neighbourhood Forums and Neighbouring Residents notified. Site notice displayed (13/09/2018).
4.2. The application received 32 responses from neighbouring residents. 21 responses in objection to the application and 11 responses in support of the application.
4.3. The following objections were raised:
• The proposal would impact upon the privacy and amenity of neighbouring residents both in terms of noise, loss of light and overlooking. • The driveway access is very narrow and not fit for purpose. This could cause potential hazards for emergency vehicles and refuse collections attempting to access the site. The proposed access driveway is situated approximately 1.5 metres from Falstaff House with little or no ability for turning to allow exit. • Emergency vehicles and construction vehicles will not be able to access the site due to parked cars and the narrow access at the top of Charlecott Close. • Suitable conditions should be placed on the permission to ensure that a) contractors' cars are not parked anywhere on the Close (i.e. must be parked within the boundary of the development site) and b) lorries associated with construction do not in any way block access to the Close and exercise extreme care and caution whilst driving past parked cars at the roadside between the top of the Close and the point of entry onto the development site. • The proposed number of parking spaces is not sufficient. Most families have more than one vehicle and have regular visitors. This development would put additional pressure on the existing parking provision for residents on Charlecott Close. Parking along Charlecott Close is already woefully inadequate and continues to be a source of inconvenience and annoyance to residents. The road which was originally intended to provide vehicular access to the Close with a turning space at the end is often completely filled with parked cars. • Concerns that the grassed areas next to the carriageway will be eroded due to cars parking on them causing mud baths during winter months. • Public transport is extremely limited with the nearest train station being half a mile away and the nearest bus service being quarter of a mile away and operates relatively infrequent therefore most residents will need to travel by car. • The existing garages which are to be removed provided parking spaces for the residents in the existing flats. The owners of the freehold should be required to redevelop the area in which the garages now stand as a car park rather than trying to squeeze four more two bedroomed dwellings into that space. Developers should consult with residents to come up with a scheme to improve car parking. • No electric charging points for electric vehicles have been proposed. • There is a culvert that runs from Swanshurst Park to Sarehole Mill which flooded some years ago. • Mitigation measures should be taken to ensure the asbestos garages will be removed without causing danger to local residents
Page 3 of 14 • Badgers, foxes, birds and bats have been sited within the development site previously. The proposed development would damage a very fragile habitat and ecosystem. • The existing garage roofs are covered with native mosses and sedums while the garage walls are covered with a climbing plant which provides a food source for birds and bats as part of their foraging. • The small semi-mature ash tree in the nook between the garages would need to be felled in order to accommodate the proposed development which is not stated on the proposed plans. • Potential damage to the wildlife garden and brook in the small area of land retained by the Environment Agency for access to the culvert (for maintenance and inspections), creating problems for the culvert and causing disruptions to the wildlife corridor. • A species-rich hedge should be planted between the back of the new flats and the fencing of the gardens on Willersley Road, plus additional shrubs through the existing grounds, to create a wildlife corridor and to enhance biodiversity across the rest of the wider land. • Further clarification over boundary treatments required. • Noise and general disruptions caused to residents during the construction period. • Previous applications on the site have been refused. • The removal of the garages would make the adjoining properties on Willersey Road more vulnerable to burglary. • Residents living in Angelo house, Nestor house and private tenants have not received consultation letters.
The following comments in support were raised: • The proposal would utilise the land where vacant garages have been for a number of years. • Proposal welcomed as current vacant site is prone to antisocial behaviour and fly-tipping. • The proposal will help meet the significant demand for housing. • The proposal is appropriately sited and will have no great impact on any neighbouring properties. • The removal of the existing garages would improve the visual appearance of the area as the existing garage buildings are in significant disrepair. • The apartment block is in-keeping in appearance with the existing block of flats.
4.4. West Midlands Police – No objections subject to the development being built to standards laid out in the enhanced security standards produced by Police Crime Reduction initiative ‘Secured by Design’.
4.5. West Midlands Fire Service – No objections. Water supplies for firefighting should be in accordance with “National Guidance Document on the Provision for Fire Fighting” published by Local Government Association and WaterUK. Vehicle access route to meet the requirements of ADB Volume 2, Table 20, noting that WMFS appliances require a carrying capacity of 15 tonnes. The approval of Building Control will be required with regard to Part B of the Building Regulations 2010.
4.6. BCC Transportation Development – No objection subject to conditions/amendments. Secure & sheltered cycle storage to be installed in line with BCC minimum standards. Proposed bin store to be relocated closer to Charlecott Close.
Page 4 of 14 4.7. Regulatory Services – No objection subject to conditions requiring the submission of a Contamination Remediation Scheme, a Contaminated Land Verification Report and the provision of a vehicle charging point at each residential unit.
4.8. Severn Trent Water – No objections subject to a condition requiring the submission of drainage plans for the disposal of foul and surface water flows.
4.9. Wildlife Trust for Birmingham and the Black Country - No objections to the principle to the proposal. Precautionary method of working practices to be put in place during the construction period in order to mitigate against any harm caused to badger setts.
5. Policy Context
5.1. Birmingham Development Plan 2017; Birmingham Unitary Development Plan 2005 (Saved Policies); Places for Living (2001); 45-Degree Code SPG; Car Parking Guidelines (2012); Mature Suburbs SPD (2008); Nationally Described Space Standards (2015) and NPPF (2018).
6. Planning Considerations
6.1. The main issues in the determination of this application are:
6.2. Policy: Birmingham Development Plan Policy PG3 states that all new development will be expected to demonstrate high design quality, contributing to a strong sense of place, new development should reinforce or create a positive sense of place and local distinctiveness, with design that responds to site conditions and the local area context, create safe environments which design out crime and, make best use of existing buildings and efficient use of land in support of the overall development strategy. Policy TP27 states that new housing is expected to contribute to making sustainable places, whether it is a small infill site or the creation of a new residential neighbourhood. Policy TP28 states that new residential development should be adequately serviced by existing or new infrastructure, which should be in place before new housing for which it is required and, be accessible to jobs, shops and services by modes of transport other than the car.
6.3. Supplementary Planning Document ‘Mature Suburbs’ states that building plots should be of an appropriate size to reflect the typical form of plots in the area and the urban grain; the frontage width and depth, and the massing of the main building should be in keeping with those in the area; and new buildings should respect established building lines and set backs from highways.
6.4. ‘Places for Living’ SPG encourages good quality accommodation in attractive environments. It contains a series of urban design principles and distance separation standards, with emphasis to assessing context and responding positively to local character.
6.5. The NPPF seeks to ensure the provision of sustainable development, of good quality, in appropriate locations and sets out principles for developing sustainable communities. It encourages the effective use of land by utilising brown-field sites and focusing development in locations that are sustainable and can make the fullest use of public transport, walking and cycling. The NPPF promotes high quality design and a good standard of amenity for all existing and future occupants of land and buildings. It also advises that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.
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6.6. Principle: The application site is a former garage site which is classed as brownfield land and the plot represents a windfall plot, which is advocated within policy TP28 of the Birmingham Development Plan and paragraph 68 of the NPPF. While it is considered that the siting of the proposed backland development away from any defined streetscene would not be particularly in-keeping with the existing layout of the locality, given the application site was previously used as a garage site and is served by an existing access road off Charlecott Close, Officers do not consider that the proposed development would result in a discordant feature which would be detrimental to the visual amenities of the locality in this instance. The surrounding area is residential in nature/character and a two storey residential building would fit appropriately within this context. It is therefore considered the development would constitute sustainable development, constituting an efficient use of land, responding to site conditions and the local area context, within a sustainable location that is close to schools, shops and public transport facilities. The proposal complies with the aspirations as laid out within the NPPF, the Birmingham Development Plan and the Mature Suburbs SPD. Consequently, it is considered that the proposal is acceptable in principle subject to the siting, design and layout of the proposed dwelling being acceptable.
6.7. The Inspector for appeal decision ref: APP/P4605/A/01/1077834 determined that the scheme (ref: 2000/05149/PA) would be harmful to the character and appearance of the enclave to the rear of Falstaff and Regan House. The appeal proposal calved out areas of car parking in an intensive manner which detracted from the simple and uncluttered nature of the original design concept. The new areas of hardstanding proposed would have completely altered the setting of Falstaff and Regan House as well as destroying a valuable environmental asset. The Inspector also considered that the proposal would impact on the privacy and outlook of local residents by virtue of the close relationship between the proposed car parking areas and the rear of both Falstaff and Regan House. However, paragraph 14 of the Inspector’s report states that the site is, in principle, suitable for residential development.
6.8. Since the previous refusals on the site nearly 20 years ago, changes to local and national planning policy have resulted in greater importance being placed on housing delivery and the development of windfall brownfield sites. Officers consider there are distinct differences between the application currently proposed and the application proposed in 2000 (ref: 2000/05149/PA). The currently proposed residential building would be sited more appropriately within the site and its appearance would be far more in-keeping with the character and appearance of the existing residential blocks on Charlecott Close. Furthermore, the proposed area of parking would be sited in the north-west corner the site, away from the rear of both Falstaff and Regan House. It is therefore considered that any noise disturbances and loss of privacy caused by the movement of vehicular traffic to the residents of Falstaff and Regan House would be significantly less than the previously submitted scheme (ref: 2000/05149/PA).
6.9. Design, scale and massing: The proposed size, scale and massing of the proposed dwellings is appropriately proportionate to the size of the site. The application site is surrounded by 2-storey dwellings to the north and south-east and by 3-storey residential apartment blocks to the south-east. The proposed residential building would be of a modern design including projecting gables linked via a sloping roof which is subservient in scale to the adjacent development. It is considered that the proposal has taken some design cues from the properties within Charlecott Close and therefore would not be at odds with the visual aesthetics of the site and surrounding properties in general. Given the above, the proposal is considered
Page 6 of 14 acceptable in terms of layout, design, scale and massing subject to the imposition of a condition requiring samples of materials.
6.10. Impact on amenity of occupants: The proposal would adhere to guidance in terms of internal layout and separation distances in accordance with SPG ‘Places for Living’ and the Nationally Described Space Standards. ‘Places for Living’ SPG requires 30sqm of private amenity space per flat. The amount of open space provided to the north and east of the building comfortably exceeds this figure. The Council utilises the Nationally Described Space Standards to ensure that dwellings and the bedrooms within them have sufficient space to ensure a good standard of amenity for the intended occupants. The space standards set out that a 2 bedroom, 4 person flat should achieve a gross internal floor area of 70sqm and a 3 bedroom, 5 person flat should achieve a gross internal floor space of 86sqm. The proposed development complies with this standard. The standards also sets out that double bedrooms should be at least 11.5sqm in size and single bedrooms should be at least 7.5sqm. Again, all bedrooms proposed would comply with this standard.
6.11. Impact on surrounding residential amenity: The application site is surrounded by residential development and therefore a key consideration is whether the proposal would impact upon the surrounding residential properties. The proposed development complies with the Council’s adopted 45 Degree Code which assesses loss of light/outlook caused to neighbouring habitable room windows. Given the substantial separation distances between the proposed building and the adjoining properties, Officers consider the proposal is acceptable in terms of overbearingness and loss of light/outlook caused to neighbouring occupants.
6.12. ‘Places for Living’ SPG requires a separation distance of 5 metres per storey between windowed elevations and neighbouring residential boundaries in order to prevent overlooking of private gardens. Furthermore, a separation distance of 21 metres is required between facing windows of new and existing properties. The rear elevation of the proposed apartments look towards the rear gardens of no/s 36, 38 & 40 Willersey Road. Importantly, the minimum separation distance of 10 metres is achieved between the proposed rear elevation and the shared boundary of the properties on Willersey Road. In addition, the properties on Willersey Road have long rear gardens, therefore the proposal is considered acceptable in terms overlooking caused to the private rear amenity space of the properties on Willersey Road.
6.13. The proposed apartment building has a close relationship with properties on The Hurst, in particular no/s 72 & 74. Following concerns raised by the case officer, amendments were submitted to reposition the proposed balcony for unit 2A further away from the shared boundary. Following the amendments, the minimum separation distance of 10 metres is comfortably achieved. The proposed first floor living room window for unit 2A would be sited approximately 9 metres from the rear boundary of no.72 The Hurst which is 1 metre short of the required separation distance. However, the topography of the site is such that land levels of the application site are lower than the land levels to the rear of no.72 The Hurst. It is therefore considered that proposed separation distance is sufficient and that no undue overlooking would be caused to the private rear amenity space of the properties on The Hurst as a result of the development.
6.14. The proposed balcony for unit 2B would comply with the required 21 metre separation distance to the nearest rear facing windows of Falstaff House. Consequently the development is considered acceptable in terms of overlooking towards Falstaff House. All proposed landing, en-suite and w.c windows shall be
Page 7 of 14 conditioned to be fitted with obscure glazing in order to mitigate against any overlooking towards the private rear amenity space of the adjoining plots.
6.15. Regulatory Services have raised no objection subject to conditions requiring the submission of a Contamination Remediation Scheme, a Contaminated Land Verification Report and the provision of a vehicle charging point for each residential unit in a central point in the communal car park. Officers consider all conditions proposed are reasonably necessary in order to secure the satisfactory development of the application site.
6.16. Highway/pedestrian safety: The application site consists of thirty prefabricated garages that are not large enough for modern car sizes. Over several years, the number of residents using the garages reduced until 2017, whereby all of the garages were unused. Temporary fencing has since been erected in order to prevent anti-social behaviour from taking place within the site. Thirty occupants residing in the nearby apartment blocks have rights to park within the application site. These residents have sought alternative car parking arrangements on the roadside of Charlecott Close (approximately 10 spaces), on the turning head at the bottom Charlecott Close (approximately 7 spaces), off street parking opposite the sites access (approximately 10 spaces) and parking on the driveway of the sites existing access (approximately 6 spaces).
6.17. The development proposes 6 parking spaces, cycle hoops and a bin store for residents of the flats. Beyond the site, within Charlecott Close, parking is unrestricted and typically demand is high. Regular buses run within reasonable walking distance of the site throughout the day. A condition shall be attached to ensure that cycle storage is to be secure and sheltered, providing at least 1 space per apartment.
6.18. Public participation responses highlight existing parking issues within Charlecott Close and the belief that this development will make this situation worse and cause additional traffic and danger to pedestrians through vehicle movement along the access road. Transportation Development does not consider that traffic and parking demand at this location would differ notably from that generated currently. The development proposes 6 parking spaces (150% parking) at the end of the access which complies with the Council’s Car Parking Guidelines. Officers concur with the comments made by Transportation. It is considered that there is sufficient parking availability surrounding the site and it is unlikely that parking demand or levels of traffic on Charlecott Close will differ notably as a result of the development.
6.19. Public participation responses also question the suitability of the access road serving the proposed development. However, both Officers and Transportation Development consider the access road to be adequate in this instance, given that that this road is an existing feature which previously served a large number of garages.
6.20. Transportation Development requested the proposed bin store to be sited at the closest point to Charlecott Close to ensure residents have refuse collected as a refuse vehicle is very unlikely to attempt to manoeuvre along the access drive. The applicant has since submitted amended plans relocating the proposed bin store closer to Charlecott Close. West Midlands Fire Service have raised no objections to the proposal.
6.21. Ecology/trees: The application site consists of one large mature tree on the site, near to Faltaff House as well as several trees along the western boundary. The
Page 8 of 14 applicant has stated that all trees are to be retained on site, and protected during the construction period in accordance with BS5837:2012. Minimal soft landscaped areas will be disturbed by the proposals and the existing overgrown vegetation on the abandoned garages will be removed outside of the nesting period. The application proposes the planting of a number of specimen trees and new planted screens along the sites north and west boundaries. The Council’s Landscape Officer raises no objection to the proposal subject to the planting of tree, shrubs and hedges along all site boundaries. These details can be resolved through landscape, boundary treatment and surfacing conditions. A condition shall also be attached requiring the implementation of tree protection within 1 metre of the furthest extent of the canopy of any tree or group of trees to be retained on the site or adjoining land.
6.22. Public Participation responses highlight that badgers, bats, foxes, and birds have been sited within the development site previously. Both bats and badgers are both on the protected species list. Wildlife Trust for Birmingham and the Black Country has raised no objections to the principle of the proposal. Due to the location of the proposed development on the existing built environment, it is understood that there is a low likelihood of a badger sett being present within the developmental footprint. However, the construction activities and enabling works have the potential to injure or entrap a badger within the development site, which would contravene legislation protecting badgers. The application site also lies adjacent to the Swanshurst Brook Valley, a Potential Site of Importance (PSI). As such, the Wildlife Trust seeks to ensure measures are in place during construction to ensure the protection of the adjacent Swanshurst Brook Valley. Given the above, Officers consider it necessary to include a condition requiring the prior submission of a construction ecological mitigation plan to ensure precautionary method of working practices are in place during the construction period in order to safeguard against any harm caused to protected species and the adjacent Swanshurst Brook Valley.
6.23. Other issues:
6.24. Severn Trent Water have raised no objections to the proposal subject to a condition requiring the submission of drainage plans for the disposal of foul and surface water flows. It is advised that there may be a public sewer located within the application site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. Discussions between the developer and Severn Trent Water will be required during the building regulations process.
6.25. Public Participation responses have been made in reference to security to the rear of the adjoining properties on Willersey Road. It is considered that the introduction of four apartments would increase general levels of natural surveillance and security to the rear of the adjoining properties on Willersey Road in comparison to the derelict garages that currently occupy the site.
6.26. Public Participation responses concerning potential asbestos within the site would be controlled by environmental regulations and are not material planning considerations. Concerns have been made in relation to noise and disturbance during the construction works and whilst any disruption is likely to be short-term within the lifespan of the development, the scale and nature of the development is relatively small scale and as such any impact is likely to reflect this.
7. Conclusion
7.1. The proposal overcomes the reasons for refusal attached to the previously submitted applications on the site by virtue of good quality design, scale and
Page 9 of 14 massing which would not be out of character with the existing context of the surrounding area and by providing a satisfactory internal and external environment for future occupiers. The proposal is also considered acceptable in terms of its impacts upon residential amenity, highway safety/parking and ecology/trees.
8. Recommendation
8.1. Approve subject to the following conditions.
1 Requires the scheme to be in accordance with the listed approved plans
2 Requires the prior submission of a contamination remediation scheme
3 Requires the submission of a contaminated land verification report
4 Requires the prior submission of a drainage scheme
5 Requires the submission of boundary treatment details
6 Requires the submission of hard and/or soft landscape details
7 Requires the submission of hard surfacing materials
8 Requires the submission of cycle storage details
9 Requires the prior submission of level details
10 Requires the submission of sample materials
11 Requires the provision of a vehicle charging point
12 Requires obscure glazing for specific areas of the approved building
13 Requires the implementation of tree protection
14 Requires the prior submission of a construction ecological mitigation plan
15 Implement within 3 years (Full)
Case Officer: James Herd
Page 10 of 14 Photo(s)
Figure 1 – Aerial view of application site and surrounding area
Figure 2 – View of shared private access towards application site
Page 11 of 14
Figure 3 – View of residential apartment blocks on Charlecott Close
Figure 4 – View of application site looking north with the rear of residential properties along Willersey Road in the distance
Page 12 of 14
Figure 5 – View of application site looking east
Figure 6 – View of the rear of Falstaff House from application site
Page 13 of 14 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 14 of 14
Committee Date: 14/03/2019 Application Number: 2018/07187/PA Accepted: 14/11/2018 Application Type: Full Planning Target Date: 30/03/2019 Ward: Weoley & Selly Oak
Weoley Avenue, Lodge Hill Cemetery, Lodge Hill, Birmingham, B29 6PS
Land re-profiling works construction of a attenuation/ detention basin Recommendation Approve subject to Conditions
1. Proposal
1.1. Planning permission is sought for land re-profiling works and the construction of an surface water attenuation/detention basin within and adjacent to Lodge Hill Cemetery, off Weoley Avenue. The works are required as a result of surface water flooding in the local area and incapacity within the existing Severn Trent Water storm sewers. The proposed works are part of a wider flood alleviation scheme which seek to reduce the area’s risk of flooding by installing a new system of storm sewers, a gully network and the proposed attenuation/detention basin.
1.2. The proposal would see the provision of a drainage swale and bund running 147m south to north along the eastern boundary of Lodge Hill Cemetery with Weoley Avenue but within cemetery grounds. The swale and bund would then turn westwards along the northern boundary for approximately 63.5m. The bund would be approximately 0.3m in height and would sit adjacent to the cemetery boundary fence. The swales would be approximately 0.5m and 0.5m deep. Underground pipework would also run alongside the swale but the pipework would exit the cemetery behind the Avenue Club on Weoley Avenue and enter the area of public open space off Alwold Road. The new pipework would also link to existing pipework in Woolacombe Lodge Road. Once the pipework has entered the open space, it would run for approximately 38m in a western direction where it would border the proposed attenuation/detention basin.
1.3. The attenuation basin would be approximately 26m in length and 16.5m in width (37m at its widest and 2.5m at its narrowest). The basin would be 2m deep. A bund of 0.3m would surround the basin. It would have a water storage capacity of 4,500 cubic metres.
1.4. The swale elements of the proposal would be constructed below ground level and would have a grass finish to blend in with the existing grass parkland and cemetery verge. For the detention basin within the parkland, clay would be imported to line the inside of the basin so as to alleviate infiltration of the water table. The edges of the basin would be finished in grass. The three inlets into the basin would have pre-cast concrete headwalls and stone pitching surrounds, with Inlet 1 also having a security screen. The outlet would have a precast concrete headwall with stone pitching surround and a trash screen. The new public sewer assets and gully network would be constructed below ground and would not be visible aside from manhole access covers.
Page 1 of 9
1.5. Three individual trees and ten groups of trees were assessed within the Arboricultural Report. The proposed development would require the removal of four trees within the G1 group. The G1 group comprises Oak, Cherry, Horse Chestnut and Ash trees and are categorised as B2 trees. These trees are located at the south western corner of the proposed attenuation/detention basin.
1.6. Access for the proposed works along Weoley Avenue would be via the existing Lodge Hill Cemetery entrance off Weoley Avenue. No amendments are proposed to the cemetery access. Access to the parkland area south of Alwold Road would be via the gap between 321 and 327 Alwold Road.
1.7. The application is accompanied by a Planning, Design and Access Statement; Arboricultural Assessment and Report and an Ecological Assessment including Bat and Badger Surveys.
1.8. Amended plans have been received since the submission of the application that increased the size of the red line site boundary and altered the attenuation basin. Further supporting information has also been submitted relating to ecological mitigation and improvement, ground contamination and construction management to remove the requirement for pre-commencement conditions.
1.9. The application has been screened regarding the requirement for an Environmental Impact Assessment and the LPA determines that one is not required.
1.10. Site area: 3.4ha.
1.11. Link to Documents
2. Site & Surroundings
2.1. The application site comprises the north-eastern and northern boundary of Lodge Hill Cemetery and an area of parkland to the south of Alwold Road in the south-west outskirts of Birmingham between Selly Oak to the east, Harborne to the north and Weoley Castle to the west. The proposed works would take place along the north- eastern and northern edges of Lodge Hill Cemetery and within an area of parkland between the north-west corner of the cemetery and the properties along Alwold Road and Kemberton Road.
2.2. Woodgate Valley Local Nature Reserve is located approximately 900m to the north- west of the site, and this is also identified locally as a Site of Importance for Nature Conservation and a Site of Local Importance for Nature Conservation. The site is also within a SSSI Impact Risk Zone as the Edgbaston Pool SSSI lies approximately 2.6km to the north-east.
2.3. The site lies in Flood Zone 1 and is not at risk of flooding from rivers or seas. However, Weoley Avenue, and the area of parkland to the south of Alwold Road are subject to surface water flooding and the area has a recorded history of severe flooding.
2.4. The site is not subject to any public rights of way; however, Lodge Hill Cemetery is a municipal cemetery and crematorium open to the public.
2.5. Site Location Plan
Page 2 of 9
3. Planning History
3.1. 13 April 2006. 2005/07873/PA. Planning permission granted for the installation of disabled access ramp at The Lodge building.
3.2. 1 October 1998. 1998/02191/PA. Planning permission granted for the provision of replacement toilet block and waiting room.
3.3. 17 March 1994. 1994/00103/PA. Planning permission granted for a disabled ramp at front and rear of crematorium.
3.4. 26 August 1993. 1993/03005/PA. Planning permission granted for a storage facility for site machinery.
3.5. 14 May 1981. 18428003. Planning permission granted for an extension of the area available for new earth graves with associated roadways, planting and water supply.
3.6. 2 August 1979. 18428002. Planning permission granted for an extension of the area available for new earth graves.
3.7. 9 July 1959. 18428000. Planning permission granted for an extension of the existing crematorium.
4. Consultation/PP Responses
4.1. Local residents, Ward Councillors, MP and resident associations notified. Site and press notices posted. Consultation was undertaken on the original submission and then again on the amended plans. Two letters of comment received from residents in Alwold Road raising comments regarding: • whether the basin would hold stagnant water; • how close it was to their property; • if the area of open space would now be properly maintained by the Council; • will the open space still remain a public right of way; and • how much demolition work is to occur?
4.2. Environment Agency – No objection.
4.3. Local Services - No objection. The applicant is responsible for all of the water engineering maintenance elements of the scheme / attention basin going forward. The scheme does not constitute any permanent loss of POS; our service has been consulted and is supportive as this will provide improvements to the flooding issues in the wider area.
4.4. Severn Trent Water – No objection.
4.5. Natural England – No objection.
4.6. Regulatory Services – No objection.
4.7. Lead Local Flood Authority – No objection.
4.8. Transportation – No objection.
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5. Policy Context
5.1. Birmingham Development Plan, NPPF, Sustainable Management of Urban Rivers and Floodplains SPD, Nature Conservation Strategy for Birmingham SPG.
6. Planning Considerations
6.1. Policy TP6 of the BDP identifies that “to minimise flood risk, improve water quality and enhance biodiversity and amenity all development proposals will be required to manage surface water through Sustainable Drainage Systems (SuDS). Wherever possible the natural drainage of surface water from new developments into the ground will be preferred. Surface water runoff should be managed as close to its source as possible in line with the following drainage hierarchy: • Store rainwater for later use. • Discharge into the gound (infiltration). • Discharge to a surface water body. • Discharge to a surface water sewer, highway drain or other drainage system. • Discharge to a combined sewer.”
6.2. Planning permission is sought for a sustainable urban drainage scheme that would include the provision of swales and an attenuation/detention basin within and adjacent to Lodge Hill Cemetery, off Weoley Avenue. The works are required as a result of surface water flooding in the local area and incapacity within the existing Severn Trent Water storm sewers. The proposed works are part of a wider flood alleviation scheme which seeks to reduce the area’s risk of flooding by installing a new system of storm sewers, a gully network and the proposed attenuation/detention basin.
6.3. The application is made by Severn Trent Water but is a partnership between the City Council (the LLFA) and Severn Trent to reduce the risk of surface water flooding in Weoley Avenue, Alwold Road, Kemberton Road and Corisande Road. The proposed flood alleviation scheme complies with Policy TP6 of the BDP as the scheme wholly accords with sustainable drainage principles and requirements. The LLFA, Severn Trent Water and the Environment Agency have raised no objection to the proposed development nor requested any conditions be attached to an approval.
6.4. The proposed development would be developed on an area of public open space. Local Services has reviewed the proposal and has confirmed that no loss of the open space would occur. On this basis, the proposed development complies with Policy TP9 of the BDP as no loss of open space would occur.
6.5. The application is supported by an Ecological Assessment, Bat Survey and Badger Survey. The Bat Survey included a desk study that indicated that at least four species of bats have been recorded within 1km of the study area in the last 10 years. The preliminary roost assessment identified twelve trees within the application site with the potential to support roosting bats. This potential led to a further nocturnal survey being undertaken and this identified that none of the trees contain evidence of use by bats.
6.6. The submitted badger survey identified that the application site has widespread badger activity with one active main sett identified. One currently inactive outlier sett was also identified with low potential to become active due to the sett being located within the Cemetery. The original flood alleviation scheme would have required the
Page 4 of 9 closure of the main sett identified however, the amended scheme now retains the existing sett.
6.7. The submitted ecological assessment identifies that the application site has low potential for reptiles and other mammal species although there is suitable habitat on site for these species. The City Ecologist has reviewed the submitted assessments and considers that the proposed development is acceptable in ecological terms and impacts. Further information has been submitted regarding ecological improvement and badger protection that addresses the safeguarding conditions that the Ecologist requested. The Ecologist has reviewed this information and considers that the submission addresses the requirements of the conditions and as such, they are no longer required. I concur with this view.
6.8. An arboricultural assessment has been undertaken and submitted in support of the proposed flood alleviation scheme. Three individual trees and ten groups of trees were assessed. The proposed development would require the removal of four trees within the G1 group. The G1 group comprises Oak, Cherry, Horse Chestnut and Ash trees and are categorised as B2 trees. These trees are located at the south western corner of the proposed attenuation/detention basin. My Arboricultural Officer has reviewed the submitted assessment and has raised no objection to the loss of four trees. I concur with this view.
Other Issues
6.9. The proposed development does not attract a CIL contribution.
6.10. I note the comments received from two residents in Alwold Road regarding: • whether the basin would hold stagnant water; • how close it was to their property; • if the area of open space would now be properly maintained by the Council; • will the open space still remain a public right of way; and • how much demolition work is to occur?
6.11. I can confirm that the basin is designed to accommodate water where flash flooding/significant surface water run-off occurs and whilst the majority of this would be slowly fed into the Severn Trent storm drainage system a small level of water may remain in the bottom to soakaway under normal drainage circumstances. As such, the majority of the time, the attenuation basin would be dry. The basin itself would be approximately 3m from the rear boundary of properties in Alwold Road. The basin would be created on public open space maintained by the City Council. The open space will remain under the control, ownership and maintenance of the City Council, as would the adjacent Cemetery, with access remaining as existing. Severn Trent Water would be responsible for all of the water engineering maintenance elements of the scheme / attention basin going forward. I can also confirm that no demolition is proposed.
7. Conclusion
7.1. The application site is located within City Council cemetery grounds and within a piece of public open space both of which are surrounded by residential development. The adjacent residential development has been the subject of significant surface water flooding events whereby the quantity of run-off and the capacity of existing storm drainage systems have been unable to respond to demand. As such, the proposed works are part of a wider flood alleviation scheme
Page 5 of 9 which seeks to reduce the area’s risk of flooding by installing a new system of storm sewers, a gully network and the proposed attenuation/detention basin.
7.2. The detailed design of the scheme has been developed in consultation with the LLFA and the City Ecologist and Arboricultural Officers and the resulting scheme is considered to be acceptable and sustainable in accordance with BDP policy.
7.3. The NPPF supports the presumption in favour of sustainable development and this is identified as including the three stems of economic, social and environmental factors. I consider that the proposed flood alleviation scheme would have a significant economic, environmental and social benefit through the reduction of flood risk locally. As such, I consider the proposal to be sustainable development and on this basis, should be approved.
8. Recommendation
8.1. That planning permission is granted subject to the conditions listed below.
1 Requires the scheme to be in accordance with the listed approved plans
2 Implement within 3 years (Full)
Case Officer: Pam Brennan
Page 6 of 9 Photo(s)
Photograph 1: View looking south into public open space from Alwold Road to location of attenuation basin
Photograph 2: View looking north along cemetery boundary with Weoley Avenue – location of swale.
Page 7 of 9
Photograph 3: View of northern boundary of cemetery and application site – location of swale.
Page 8 of 9 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 9 of 9
Committee Date: 14/03/2019 Application Number: 2018/06094/PA Accepted: 13/08/2018 Application Type: Householder Target Date: 08/10/2018 Ward: Brandwood & King's Heath
4 Waldrons Moor, Kings Heath, Birmingham, B14 6RS
Erection of two storey side and single storey front, side and rear extensions. Recommendation Approve subject to Conditions
1. Proposal
1.1. Consent is sought for the erection of a two storey side and single storey front, side and rear extensions. The proposed extensions would accommodate ground floor kitchen, lounge, garage, utility and w.c rooms and first floor bedroom with en-suite.
1.2. Link to Documents
2. Site & Surroundings
2.1. The application site relates to a cream rendered end-terrace property located within a residential street in Kings Heath comprising of properties which are similar in terms of size and design. The application property has a hipped roof design with a gable feature to front. The application site accommodates one on-site parking space to the front of the property and the topography of the site slopes down from east- west.
2.2. Site Location Plan
3. Planning History
3.1. 30406000 – Erection of garage & bedroom – Approve - 22/05/1969.
4. Consultation/PP Responses
4.1. Adjoining residents and local ward councillors notified. Two letters of objection received from neighbouring residents in relation to the initial scheme regarding the following:
• The proposed extension would be out-of-keeping with the character and appearance of the existing character of the existing house and street scene and would impact upon property values in the area. • The proposed extensions would be sited too close to adjoining property boundaries. • The proposed extensions would be unacceptable in terms of overlooking, loss of light/sunlight and loss of outlook caused to the adjoining properties.
Page 1 of 7 • Potential damage caused to walls and boundary fences of adjoining properties during construction period. Concerns that building insurance might be affected. • Noise, dust, loss of privacy and general disruptions caused to residents during the construction period. Negative impact on health of residents. • Construction vehicles and equipment would cause traffic congestion on Waldrons Moor.
4.2. Following the submission of amended plans, all neighbouring residents were re- consulted (28/09/2018 & 31/10/2018) for a period of 15 & 10 working days. Three letters of objection were received which reiterated the previous objections already made.
4.3. 19 signature petition received from neighbouring residents in objection to the application on the same grounds as the public participation responses referenced above.
5. Policy Context
5.1. Relevant Local Planning Policy: • Birmingham Development Plan (BDP) 2017 • Birmingham Unitary Development Plan (UDP) Saved Policies 2005 • Places for Living SPG 2001 • Extending Your Home 2007 • 45 Degree Code
5.2. Relevant National Planning Policy: • National Planning Policy Framework (NPPF) 2018
6. Planning Considerations
6.1. This application has been assessed against the objectives of the policies set out above.
6.2. The main issues for consideration in the determination of this application are the impact on the residential amenity of neighbouring properties and the scale, mass and design of the proposal, and therefore the impact on visual amenity.
6.3. The Council’s ‘Extending Your Home’ design guide states that side extensions should be designed to look less important than the existing dwelling and the roof design should match the roof design of the existing dwelling, however, the ridge line should be lower than that of the main roof so that it does not dominate the appearance of the house. ‘Extending Your Home’ design guide also states that two storey extensions can have a significant effect on the street scene. The loss of gap between dwellings can create the impression of a continuous frontage which can be out of character with the appearance of the area and should be avoided.
6.4. The proposal is considered acceptable following amendments to reduce the size, scale and massing of the proposed extensions. The two storey side extension is set down in height, is set back from the property’s principal elevation and the proposed hipped roof design would be in-keeping with the property’s existing hipped roof in accordance with the Council’s ‘Extending Your Home’ design guide. The proposed single storey front and rear extensions would be relatively small in scale and have lean-to roof designs which would be in-keeping with the character and appearance
Page 2 of 7 of the existing property and streetscene. The proposed single storey garage extension would be set back slightly from the proposed single storey front extension and would have a flat roof design which would not be at odds with the character and appearance of the existing property and streetscene.
6.5. It is acknowledged that the cumulative size/scale of the proposed extensions would result in a considerable increase to the property’s footprint. However, given that there is substantial amenity space to the side of the property to comfortably accommodate the proposed extensions within the application site and given the design of the extensions would adhere to the guidance contained within the Council’s ‘Extending Your Home’ design guide, Officers do not consider the proposal would result in the overdevelopment of application site/property in this instance. A condition shall be attached to ensure all external materials for the proposed extensions match the existing dwelling.
6.6. The proposed extensions comply with the Council’s 45 Degree Code to all adjoining properties which assess loss of light/outlook to neighbouring habitable room windows. The initial scheme submitted raised concerns regarding potential overlooking caused from the proposed 1st floor rear bedroom window to the private rear amenity space of no.3 & no.5 Dawberry Road. Following amendments to the internal layout of the proposal to ensure there were no proposed 1st floor rear facing habitable room windows, the proposal is considered acceptable in terms of overlooking caused to the private rear amenity space of no.3 & no.5 Dawberry Road.
6.7. The rear of the proposed two storey side extension would be sited approximately 12.8 metres from the rear of no.3 Dawberry Road. However, given the oblique angle and differences in orientation between the application dwelling and no.3 Dawberry Road and given the condensed nature of the surrounding residential properties, Officers do not consider it reasonably necessary to apply the recommended separation distances contained within the SPG ‘Places for Living’ in this instance.
6.8. The proposed extensions would be sited relatively centrally within the application site away from neighbouring residential boundaries and the proposed first floor en- suite window shall be conditioned to be top-hung and obscurely glazed. Given the above, Officers consider the proposed extensions are acceptable in terms of overbearingness, overlooking and loss of light/outlook caused to all adjoining residential properties.
6.9. There are a collection of trees and hedges located near to the sites side boundary with no.2 Waldrons Moor. The submitted application form states that no trees or hedges would be removed or pruned as a result of the proposed works. While Officers consider the collection of trees and hedges on the side boundary would be unaffected, a condition shall be included to ensure the implementation of tree protection within 1 metre of the furthest extent of the canopy of any tree or group of trees to be retained on the site or adjoining land.
6.10. Concerns have been made in relation to noise, dust and traffic disturbances during the construction works and whilst any disruption is likely to be very short-term within the lifespan of the development, the scale and nature of the development is relatively small scale and as such any impact is likely to reflect this.
Page 3 of 7 6.11. Officers wish to mention that the responses received in relation to the potential damage caused to party walls and boundary treatment are not material planning considerations and have no bearing on the decision making for this application.
7. Conclusion
7.1. Following amendments, the application is considered acceptable in terms of the harm caused to the residential amenity of neighbouring occupiers and no detrimental harm would be caused to the character and appearance of the existing property or streetscene. It is therefore recommended that this application is approved subject to conditions.
8. Recommendation
8.1. Approve subject to conditions
1 Requires obscure glazing for specific areas of the approved building
2 Requires that the materials used match the main building
3 Requires the implementation of tree protection
4 Requires the scheme to be in accordance with the listed approved plans
5 Implement within 3 years (Full)
Case Officer: James Herd
Page 4 of 7 Photo(s)
Figure 1: View of application property’s front facing elevation
Figure 2: View of streetscene on Waldrons Moor
Page 5 of 7
Figure 3: Aerial view of rear of application site
Figure 4: View of application site with the rear of residential properties along Dawberry Road in the distance Page 6 of 7 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 7 of 7 Birmingham City Council
Planning Committee 14 March 2019
I submit for your consideration the attached reports for the North West team.
Recommendation Report No. Application No / Location / Proposal
Approve - Conditions 14 2018/05122/PA
Former Perry Barr Police Station Canterbury Road Perry Barr Birmingham B20 3AA
Conversion of existing building and erection of two new 2 storey buildings to the rear fronting Thornbury Road to provide 14 apartments, access and parking
Approve - Conditions 15 2018/10194/PA
Building 1, New Garden Square (Site of former Edgbaston House/3 Duchess Place) Duchess Road Edgbaston Birmingham B16 8LB
Reserved Matters application seeking approval of access, appearance, layout and scale pursuant to outline planning permission 2017/00663/PA in relation to Building 1 for an 8-storey office building with a ground floor retail unit (Use Classes A1-A4) and an undercroft/basement car park
Approve - Conditions 16 2018/09058/PA
Land off Mayland Road (former garages site) Edgbaston Birmingham B16 0NE
Outline application with all matters reserved for erection of 1 single storey residential dwelling
Page 1 of 1 Director, Inclusive Growth
Committee Date: 14/03/2019 Application Number: 2018/05122/PA Accepted: 01/08/2018 Application Type: Full Planning Target Date: 31/10/2018 Ward: Aston
Former Perry Barr Police Station, Canterbury Road, Perry Barr, Birmingham, B20 3AA
Conversion of existing building and erection of two new 2 storey buildings to the rear fronting Thornbury Road to provide 14 apartments, access and parking Recommendation Approve subject to Conditions
1. Proposal
1.1. The proposal, as amended comprises the conversion of the existing building into 8 apartments (two 1 bedroom and six 2 bedroom) and the erection of two new, 2 storey buildings at the rear fronting Thornbury Road to provide a further 6 apartments (four 1 bedroom and two 2 bedroom).
1.2. 11 parking spaces would be provided to the rear with access off Thornbury Road and communal private amenity space/landscaping would be provided within the site totalling approximately 240sq.m (approximately 17sq.m per apartment).
1.3. There are no proposed external alterations to the frontage building with the exception of some minor demolition to the rear of a toilet block. Some internal partitioning will be required.
1.4. The proposed new build to the rear has been amended since the original submission and now includes two 2 storey buildings instead of a 3 storey block. The new buildings would front onto Thornbury Road and are of a simple modern design with gables and constructed of red brick with tiled roofs.
1.5. The application is supported by a Design and Access Statement, Transport Statement, Air Quality Assessment, Noise Assessment and SUDS Report.
1.6. Link to Documents
2. Site & Surroundings
2.1. The application site comprises the locally listed (Category A) former Police Station which dates from 1904 and fronts Canterbury Road. To the rear of the building is the associated car park which is accessed from Thornbury Road. Adjacent to the application site to the east is the Grade II Listed Canterbury Cross Primary School which dates from 1906 and to the west is the Royale Suite banqueting hall.
2.2. To the north and south are residential terraced housing and the site is a short distance from the A34.
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2.3. Site Location and Street View
3. Planning History
3.1. None relevant.
4. Consultation/PP Responses
4.1. MP, Councillors, Residents Associations and nearby occupiers notified. Statutory site and press notice posted. 5 letters were received objecting to the original proposals on the following grounds;
• There are existing traffic and parking issues in the area associated with the banqueting hall and school. • Existing banqueting hall causes noise and disturbance in the road. • Not enough parking spaces for the potential number of residents. • Access onto Thornbury Road which is a cul-de-sac is restricted. • Will apartments be for sale or rent? • Will there be security/building manager on site once the development is completed? • Any tenants should be subject to a CRB check as the site is next to a school. • Proposal is too intensive. • Increase in crime in the area in recent years. • Enough houses and apartments in the area, a community use on the site would be preferable.
4.2. 2 further letters have been received objecting to the amended proposals on the following grounds;
• Proposal will increase traffic and noise • Thornbury Road has traffic problems associated with the banqueting hall, school and football supporters
4.3. A letter from the adjacent Canterbury Cross Primary School has requested a few items to be clarified before planning permission is granted;
• The wall separating the site from the school is Grade 2 Listed, concern about the foundations during construction as this is a safeguarding issue. • No windows should overlook the school playground which is also a safeguarding issue. • What plans are in place to make sure children and families are safe during drop off and collection times? • What safeguarding plans are in place to maintain the children’s safety during construction? Who will be the point of contact while the works are carried out and what qualifications do they have?
4.4. Transportation Development – No objections subject to conditions.
4.5. Regulatory Services – No objections subject to conditions.
4.6. Severn Trent Water – No objection subject to a condition.
4.7. Local Lead Flood Authority – No objections subject to a condition.
Page 2 of 9
4.8. West Midlands Police – No objections subject to a condition.
4.9. University Hospital Birmingham – Health services in the area are at their capacity. Based on the proposed number of bed spaces a contribution of £645 would be required. Without the requested contribution to support health and well-being, planning permission should not be granted.
5. Policy Context
5.1. Birmingham BDP 2017, UDP 2005 (saved policies), Aston Newtown and Lozells Area Action Plan, Places for Living SPG, Car Parking Guidelines SPD, Grade A Locally Listed Building, adjacent Canterbury Cross Primary School Grade II Listed Building and the NPPF.
6. Planning Considerations
6.1. Principle – I have no objection to the principle of the residential conversion and new build in this predominantly residential area. The site is in a sustainable location close to the A34 and the proposal would accord with principles in the Birmingham Development Plan and the Aston, Newtown and Lozells Local Action Plan which seeks to secure, quality, sustainable developments and provide additional residential accommodation.
6.2. Design and Conservation – I consider the conversion of the former police station to 8 apartments is acceptable. There are no proposed alterations to the frontage of the building and therefore, the character of the building will be maintained. There is some minor demolition to the rear of the building of a toilet block and this is not considered to be of particular significance. Internally, some partitioning and blocking up will be required, however, much of the original fabric of the building will be retained. The Conservation Officer supports this element of the proposal.
6.3. The original submission contained a 3 storey block at the rear which was considered unacceptable in form and appearance. Extensive discussions have taken place between officers and the applicants which has resulted in the revised new build scheme fronting Thornbury Road comprising two, 2 storey buildings containing 6 apartments. I consider the buildings are of an acceptable scale, layout and form being simply designed with gables fronting Thornbury Road which is a response to the adjacent Grade II Listed school. The buildings are set back to allow for parking and, due to the narrowness of Thornbury Road, to avoid a loss of privacy to the existing dwellings on the opposite side of the road .
6.4. The Conservation Officer has commented that it is important that the detailing and quality of materials used in the construction of the new buildings is secured to achieve the contemporary appearance to complement the setting of the adjacent heritage assets, therefore conditions are recommended requiring full details of materials, windows and doors as well as a method statement for demolition and construction.
6.5. Residential Amenity and Standard of Accommodation for Future Occupiers - I do not consider the proposal would result in any loss of amenity to nearby residents. The nearest windows to habitable rooms in the new build element would be 22m from the front elevation of the dwellings on the opposite side of Thornbury Road. I note concerns raised by the Canterbury Cross Primary School regarding safeguarding and I confirm there would be no windows in either the existing
Page 3 of 9 building or new build which would directly overlook the adjacent school playground.
6.6. The new buildings at the rear have been designed so that the size of the apartments and bedrooms exceed the minimum standards within the “Technical housing standards – nationally described space standard”. They also contain adequate storage space. The proposed apartments within the existing building also exceed minimum standards in terms of apartment size. A number of bedrooms are marginally below the minimum standard, however, I consider this is acceptable as it is necessary to work with the original fabric of the building and a good standard of accommodation for future occupiers would be achieved.
6.7. The revised scheme allows for an amount of external private amenity space/landscaping to be provided for residents in the area between the rear of the existing building and the new buildings. While the size of this area would fall short of the guideline within Places for Living SPG of 30sq.m per apartment, I consider it is acceptable as the proposal retains the existing building and the amenity space that would be provided would be enclosed and useable.
6.8. Highways – The applicants have submitted a Transport Statement in support of the application which concludes the site is considered sustainable in transport terms, being located close to local shops and other facilities with an excellent level of access to public transport, both bus and train. It also states that the proposed development will generate low traffic movements which are broadly comparable with the former police station use.
6.9. Transportation Development raise no objections subject to conditions requiring any necessary works to footways and street furniture to be carried out at the applicants expense, a pedestrian visibility splay is maintained at the access points on Thornbury Road, cycle parking is provided and parking and circulation areas are used for no other purpose.
6.10. Transportation Development consider that the proposal would be unlikely to increase traffic to/from the site compared to the previous use as a police station. They raise concern that the proposal for 11 car parking spaces for 14 apartments is likely to increase on-street parking demand within the area, however, they also note that waiting is unrestricted along many parts of the highway within the vicinity of the site and the site has a good level of accessibility to public transport. On the basis of the above I raise no objections on highway/parking grounds.
6.11. Environmental – The application is accompanied by an Air Quality Assessment and a Noise Report. Regulatory Services have agreed with the conclusion of the Air Quality Assessment that air quality impacts would not preclude the development of this site for residential purposes.
6.12. The noise report fully considers noise from road traffic, music escape from the adjacent banqueting hall and plant noise whilst not considering noise from traffic on the car park of the adjacent banqueting hall or daytime noise from the school playground. Regulatory Services consider the revised scheme provides much better acoustic screening than the original and note a 2.3m brick wall on the boundary with the banqueting hall. They also note that only 3 complaints have been received about the banqueting hall from 2011 and these relate to fireworks displays
6.13. Although they are concerned with regard to noise from plant and a kitchen extract at the banqueting hall and potential for noise from the use of the car park, Regulatory
Page 4 of 9 Services consider mitigation measures can be provided to address noise amenity for new residents. They have highlighted the revised plans still have some windows to habitable rooms with acoustic line of sight to the banqueting hall (bedroom 2 of apartments 4 and 10 in the existing building) and secondary living room windows to the ground floor and first floor apartments in Block B of the proposed new build. In response, the applicants have removed the secondary living room windows to Block B. There is an existing 2.3m boundary wall with the banqueting hall which would provide noise mitigation to the side facing window in the ground floor apartment (no.4) in the existing building and the window to the second bedroom in apartment 10 at first floor level is an existing opening and is set off the boundary
6.14. On balance, Regulatory Services have no objections subject to conditions requiring a noise mitigation scheme and appropriate noise insulation for glazed areas in the new development. They also recommend conditions relating to contamination, provision of a vehicle charging point and submission of a construction method statement.
6.15. Drainage - The Local Lead Flood Authority have assessed the SUDS report and accepts the principles of the proposed development subject to a condition requiring the submission of a detailed sustainable drainage scheme. Severn Trent Water raise no objection subject to a condition requiring a scheme showing the details for the disposal of foul and surface water.
6.16. Ecology - The Planning Ecologist has commented that there seems to be little scope for bat roosting externally with the roof seeming to be intact. No ecological issues although some ecological enhancement could be secured through the landscape scheme.
6.16. Other Issues – West Midland Police have raised no objections subject to a condition requiring CCTV which I consider is reasonable and is recommended.
6.17. In response to the safeguarding issues raised by the Canterbury Cross Primary School, I can confirm that no windows in the proposed development will directly overlook the adjoining school playground. No works are proposed to the boundary wall with the school. A condition recommending a Construction Management Plan is also recommended. The day to day management of the site is the responsibility of the applicant.
6.18 I note the request received from the NHS Trust, for a sum of £645. Our position is that we do not consider the request would meet the tests for such Section 106 contributions, in particular the necessity test (Regulation 122.(2)(a) necessary to make the development acceptable in planning terms). We believe the interval from approval to occupation of the proposed development, along with published information (such as the BDP and SHLAA) gives sufficient information to allow the Trust to plan for population growth and associated. Discussions with the relevant Trust are continuing on this matter, in order for us to understand more fully their planned investments in the City and how we might best be able to support that.
7. Conclusion
7.1. I consider the conversion of the vacant former police station into residential accommodation is welcomed and would secure the future of the Grade A Locally Listed building. The proposed new build to the rear has evolved through extensive discussions with officers and is now acceptable subject to conditions to secure a
Page 5 of 9 good quality contemporary development. No adverse highway or environmental impacts have been identified.
7.2. The proposal would comply with relevant local and national planning policies and is acceptable.
8. Recommendation
8.1. Approve Subject to Conditions.
1 Requires the prior submission of a contamination remediation scheme
2 Requires the submission of a contaminated land verification report
3 Requires the submission of window/window frame details
4 Requires the submission of external doors/garage doors
5 Requires the prior submission of a noise mitigation scheme
6 Requires the prior submission of a drainage scheme for the disposal of surface and foul water
7 Requires the prior submission of a sustainable drainage scheme
8 Requires the submission a Noise Insulation Scheme to establish residential acoustic protection
9 Requires the prior submission of a method statement
10 Requires the submission of hard and/or soft landscape details
11 Requires the submission of hard surfacing materials
12 Requires the submission of boundary treatment details
13 Requires the prior submission of a construction method statement/management plan
14 Requires the submission of sample materials
15 Requires the prior submission of level details
16 Requires the submission of a CCTV scheme
17 Requires pedestrian visibility splays to be provided
18 Requires the submission of cycle storage details
19 Requires the parking area to be laid out prior to use
20 Requires works to street furniture and statutory undertakers apparatus to be agreed with the highway authority
Page 6 of 9 21 Requires the construction and reinstatement of footway crossings
22 Requires the provision of a vehicle charging point
23 Requires the scheme to be in accordance with the listed approved plans
24 Implement within 3 years (Full)
Case Officer: John Davies
Page 7 of 9 Photo(s)
Photo 1 – Front elevation
Photo 2 – Rear view of site
Page 8 of 9 Location Plan
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287 102.7m 222
285a 247 THE BROADWAY
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THORNBURY ROAD 57
271 65
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265 2f LB Canterbury Cross Primary Scho
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261c 2 104.9m CANTERBURY ROAD
Surgery
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259a 7 103.9m 5 4
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This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or
civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 9 of 9
Committee Date: 14/03/2019 Application Number: 2018/10194/PA Accepted: 18/12/2018 Application Type: Reserved Matters Development Target Date: 19/03/2019 Ward: Ladywood
Building 1, New Garden Square, (Site of former Edgbaston House/3 Duchess Place), Duchess Road, Edgbaston, Birmingham, B16 8LB
Reserved Matters application seeking approval of access, appearance, layout and scale pursuant to outline planning permission 2017/00663/PA in relation to Building 1 for an 8-storey office building with a ground floor retail unit (Use Classes A1-A4) and an undercroft/basement car park Recommendation Approve subject to Conditions
1. Proposal
1.1. This application is a reserved matters submission, relating to the first phase of the redevelopment of the former Edgbaston House/3 Duchess Place site, on Duchess Road, Edgbaston. Outline consent for the redevelopment of the site was approved on 23rd November, 2017. This application sought consent for the erection of new office, professional services and retail accommodation, alongside the erection of a hotel, residential apartments and new car parking facilities on site; alongside areas of open space and car parking provision. The outline application was granted approval, subject to conditions, with all matters reserved.
1.2. The outline submission included a series of parameter plans, which established a number of principles for the proposed development, including; land use, densities and the proposed scale and massing of the development. The submission also detailed an illustrative Masterplan, for the wider site’s redevelopment, referred to as “New Garden Square”.
1.3. The current application for reserved matters relates to the first phase of the development and details the erection of a new eight storey office building, referred to as “NSG1” within the submitted Masterplan. The development would provide approximately 15,391sqm of office space, across the proposed unit’s eight levels, together with a double height ground floor reception area. The ground floor would further feature 356sqm of usable retail space (Use Classes A1-A4), with the main entrance proposed to be sited within the buildings southern facing, principal elevation. The proposed roof level would comprise a plant area and an area of open space (roof terraces).
1.4. The proposals would also see the creation of a basement level/under-croft car park. This would be accessed via Duchess Road and would house 60 car parking spaces, alongside storage space for 125 cycles. The basement would further accommodate staff changing facilities, toilets, showers, refuse collection points and some further plant and back office operations.
Page 1 of 9 1.5. The proposed office unit would have a highly modern and contemporary design and is proposed to be constructed in the form of a large glazed cube-like structure. This would be detailed with externally erected aluminium fins, sited in a vertical and horizontal fashion, forming several square like additions to the outer leaf of the building. The fins would be sited across the building’s four elevations, within its upper seven levels. The ground floor however would be wholly glazed, allowing this to appear much more permeable and accessible from its surroundings. The proposed office building would further detail a centrally sited, part internal landscaped garden, sited within its south facing principal elevation. This would have a vertical form across the building’s 8 levels and would be open at ground floor level, allowing connectivity and interaction with the wider site area. The building would have a flat roof design. This would feature centrally sited plant areas, contained within 1.5m high cladded structures. The remainder of the roof would be left open and has the potential to support a roof terrace in the future. Aluminium fins would be erected around the roof in a vertical form, in order to create a parapet like structure. The proposed fins would feature a dark finish.
1.6. No landscaping proposals have been submitted as part of this submission. These are proposed to form part of a separate application.
1.7. Link to Documents
2. Site & Surroundings
2.1. The New Garden Square site, of which the application site forms part of, is bounded by the A456 (Hagley Road) to the south and Duchess Road and Beaufort Road to the north. Duchess/Beaufort Road feature two and three storey terraced housing, alongside a pay and display car park. The eastern boundary of the site is formed by Cobalt Square, (a 17-storey office building), and the rear elevations of two storey commercial properties on Francis Road (Grade II Listed). The site’s western boundary adjoins the Plough and Harrow Public House, which are also Grade II Listed. The surrounding land uses remain of a mixed form and vary from office, residential, retail, education and leisure uses.
2.2. The application site itself, is located on the former 18 storey Edgbaston House site (also known as 3 Duchess Place) and an associated multi-deck car park structure. Both of which have now been demolished (Prior Approval application No. 2016/08603/PA refers). The site is located between two 1960s/70s multi-storey office buildings (125 Hagley Road to the west and 2 Duchess Place to the east). The rear of the application building would face onto Duchess Road, which is where vehicular access would be created. A large new public square is proposed to the south of the building, as part of the wider Masterplan for the area, as approved at outline stage.
2.3. Site Location Plan
3. Planning History
3.1. 28/11/17 – 2017/00663/PA. Outline planning application (all matters reserved) for site clearance and demolition of all structures and buildings (save for listed buildings and directly attached extensions) and commercial-led mixed use redevelopment providing up to 57,500sqm (GIA) of Office/Research & Development space (Use Class B1a and B1b), up to 2,400sqm (GIA) of retail (Use Class A1), Professional and Financial Services (Use Class A2), Restaurants and Cafes (Use Class A3), Drinking Establishments (Use Class A4), a hotel of up to 100 bedrooms (Use Class
Page 2 of 9 C1), up to 400 new residential apartments units (Use Class C3), up to 900 new car parking spaces through the creation of a new multi-storey car park and other car parking areas, alterations to the site access arrangements for Hagley Road and Duchess Road and strategic landscaping. Approved.
4. Consultation/PP Responses
4.1. Regulatory Services – No objections.
4.2. Historic England – No objections.
4.3. Birmingham Civic Society – Support and it will enhance the locality.
4.4. Transportation – Raise no objections to the development proposals.
4.5. West Midlands Police – No objection and make a number of observations in terms of security and surveillance.
4.6. West Midlands Fire Services – No objection.
4.7. Press and site notices erected. MP, Ladywood and Edgbaston ward members, residents associations and neighbouring occupiers/residents notified, of the proposals.
4.8. A letter of objection has been received in response to the development proposals. This raises the following areas of concern:
• Addition of retail units within the site area will result in additional noise/nuisance and car parking pressures.
5. Policy Context
5.1. Birmingham Development Plan (BDP) 2017, Birmingham Unitary Development Plan 2005 (saved policies), Places for All (SPG), Car Parking Guidelines SPD, NPPF.
6. Planning Considerations
6.1. The planning considerations in this case include:
• The appropriateness of the proposed site access and its suitability, • The appropriateness of the proposed appearance of the office building, including matters relating to its design, building materials and form; • The appropriateness of the proposed layout and scale of the proposed office building, pursuant to the former outline consent (reference 2017/00663/PA).
A Reserved Matters application relating to the site’s landscaping provision will be submitted to the Council in the future.
6.2. High quality urban design is a key policy in the BDP and the NPPF, as are the impact of developments on heritage assets. In addition, there is a statutory duty in section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving listed buildings or their settings or any features of special architectural or historic interest which they possess.
Page 3 of 9 6.3. Policy PG3 relates to place making. This sets out that all new developments will be expected to demonstrate high design quality, contributing to a strong sense of place. They should respond to site conditions and the local context, including heritage assets and appropriate use of innovation in design.
6.4. Policy TP12 sets out the policy on the historic environment. This states that great weight will be given to the conservation of the City’s heritage assets, with development proposals determined in accordance with national policy.
6.5. Access:
6.6. The site’s access details were not approved at outline stage. The current submission for reserved matters, proposes the application site’s main vehicular entrance point to be sited to the north of the site, via Duchess Road. This would lead onto a basement level car park/service yard, which would provide on-site parking for 60 vehicles, alongside storage space for 125 cycles. The cycle storage would be in the form of individual “Sheffield” stands, in line with BCC’s Car Parking Guidelines-SPD.
6.7. To the south of the site, the main pedestrian access point is proposed. This would lead onto a large public square, proposed immediately to the site’s south, connecting this with the wider New Garden Square development, as shown on the submitted masterplan.
6.8. The proposed access arrangements as set out above have been considered acceptable by Transportation Development and as such the development is considered acceptable in this regard.
6.9. Scale, Layout and Appearance:
6.10. The proposed land uses for the application site reflect those considered appropriate in the consideration of the former Outline planning consent (Reference: 2017/00663/PA). The current proposals reflect the indicative layout which formed part of the former outline submission, in terms of the different elements of the scheme and their positioning on site. These detail an eight storey office building, with ancillary ground floor retail space, with a flexible use class proposed as A1-A4.
6.11. The outline consent identified the site to provide office accommodation, in the form of a single block, with eight storeys in height, with a ground floor active frontage. The building was detailed to be stepped in at the rear, within the buildings upper two levels, to follow the curvature of Duchess Road. The proposed unit was further detailed to have an additional roof terrace area and a lower basement level, for car parking/servicing. The current submission for reserved matters remains in line with this former approval at outline stage and the parameters as set out during the course of this application. As such the land use, density and scale/massing of the unit are considered acceptable and are considered to be reflective of this former approval on site.
6.12. The proposed appearance and design of the proposals are considered to be of a high quality, with a very contemporary and modern pallet of materials proposed. The building itself has a strong architectural rationale and relates well to the site’s context and surroundings, showcasing a high level of design for the first phase of the site’s redevelopment. The building further has an innovative vertical garden feature, which helps break up the southern elevation of the building and further adds interest and character to the development. The northern elevation has a staggered design, with the upper two levels of the building stepped in, helping to break up the
Page 4 of 9 mass of the building and further add interest. The parapet feature for the flat roof level and lucid arrangement of the glazing at ground floor level are further considered to allow the building to interact with its surroundings; allowing the site to be much more permeable. The side elevations feature a high level of detail and articulation, with the proposed glazing being broken down through the use of external fins. The access has been designed to remain to the rear of the site, via Duchess Road, allowing the principal front elevation, featuring the internal garden to face out onto the proposed new public square.
6.13. Upon this basis it is considered that the proposed developments, access, scale, layout and appearance, including the proposed pallet of building materials are acceptable and in compliance with National and Local Planning Policy.
6.14. Impact upon neighbouring Listed Buildings:
6.15. The NPPF states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification.
6.16. The application site is situated within the vicinity of a number of Listed Buildings. These include the rear elevations of two storey commercial properties on Francis Road (Grade II Listed) and Plough and Harrow Public House to the sites west, (Grade II Listed).
6.17. This application follows a former approval for planning consent on site, planning reference: 2017/00663/PA. During the course of this application, matters relating to conservation and the impact of the development upon the setting of the sites neighbouring Listed Buildings was considered in full and afforded substantial weight, during the decision making process. It was considered that, when paying special regard to the desirability of preserving these neighbouring Listed Buildings and their setting, the development proposals were found to be in compliance with policies PG3 and TP12 of the BDP and the relevant sections of the NPPF.
6.18. The current proposals do not deviate from this former outline consent on site. The proposed office building follows the parameters as detailed within the submission of the former outline consent and as such, it is considered that the development proposals would not impact upon the setting of these neighbouring designated heritage assets and as such would be in compliance with Local and National Planning Policy.
6.19. Amenity Considerations:
6.20. The guidance contained in the BDP, Places for Living and the NPPF refers to providing high quality development, and to ensure an appropriate relationship with neighbouring properties.
6.21. This application for reserved matters solely relates to Building one, referred to as NSG1, on the submitted Masterplan. During the course of the Outline planning application, matters of amenity were discussed and assessed at length and it was considered that although the development of the site as a whole would arise to some harm upon the amenity of existing adjoining residential occupiers on Duchess Road, on balance, this was not considered to be so significant, to justify the refusal of the wider scheme.
Page 5 of 9
6.22. As discussed above, the current proposals remain in line with this former outline approval on site. The buildings footprint is a reflection of that approved at outline stage and this is further proposed to be no higher than eight storeys, as previously approved, with additional plant and terrace spaces above. The building also maintains the staggered form of development within its upper two levels, within its rear north facing elevation, as approved at outline stage and as such is not sited any closer to the residential dwellings on Duchess Road, thereby retaining the level of space between the development site and these existing residential dwellings. As such, the proposed development remains reflective of the former outline approval on site and would not result in any new adverse amenity impacts upon the site’s existing neighbouring residential occupiers, above and beyond the former approval on site. The development is therefore considered to be acceptable in this regard.
6.23. Other matters:
6.24. An objection was received highlighting issues around car parking and the use of the ground floor of the building as a commercial unit, resulting in an increased demand in parking, alongside increased noise/nuisance. It should however be noted that the application site sits in a highly sustainable location, served by a number of public transport services, with additional such transport links proposed for the future (METRO expansion). The redevelopment of the wider New Garden Square development is proposed to have in excess of 800 parking spaces, once wholly implemented, thereby having sufficient capacity to meet any increased demand for car parking. It should further be noted that Duchess Road and other surrounding streets currently have parking restrictions in place, in order to manage parking demand. As such, it is considered that the development would not result in any new undue highway or parking concerns, above and beyond the former outline approval on site.
6.25. The site is further situated within a highly mixed use area, with a number of commercial, leisure and residential uses situated within its vicinity. It is therefore considered that a ground floor commercial space would not be out of keeping with the rhythm of development within the area and would therefore not result in an increased level of noise and nuisance. It should further be noted that the land uses proposed do not deviate from the former outline approval on site. The application proposals are therefore considered acceptable in this regard.
7. Conclusion:
7.1. The principle of development for the proposed office development as currently proposed was established through the determination of an Outline application for the wider New Garden Square site. The current proposals relating to layout, scale, appearance and access in respect of the first phase of the development for this site are found to be in accordance with the parameters established at the outline stage and are considered acceptable.
7.2. The development proposes a high quality, innovative and contemporary design and it is considered that this would sit comfortably within its surroundings. The development proposals are further considered not to have any undue impact upon the existing occupiers of neighbouring dwellings or upon the wider highway network, and would provide an attractive and high quality working environment.
Page 6 of 9 7.3. In the light of the above, the proposals are considered to be in accordance with both Local and National Planning Policy and are recommended for approval, subject to the use of relevant planning conditions, as set out below.
8. Recommendation:
8.1. Approve with conditions:
1 Requires the scheme to be in accordance with the listed approved plans
Case Officer: Idris Gulfraz
Page 7 of 9 Photo(s)
Photo 1 – View of the application site from Duchess Road to its north
Photo 2 – View of Duchess Road from application site – to the sites north-east
Page 8 of 9 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 9 of 9
Committee Date: 14/03/2019 Application Number: 2018/09058/PA Accepted: 09/11/2018 Application Type: Outline Target Date: 15/03/2019 Ward: North Edgbaston
Land off Mayland Road (former garages site), Edgbaston, Birmingham, B16 0NE
Outline application with all matters reserved for erection of 1 single storey residential dwelling Recommendation Approve subject to Conditions
1. Proposal
1.1. Outline planning permission is sought for the proposed demolition of an existing disused garage block and the erection of a detached single storey dwelling. All matters i.e. scale, layout, appearance, access and landscaping are reserved for future determination.
1.2. The application is in outline form and supported by an indicative site layout plan and a vehicle tracking plan. As originally submitted, the outline planning application comprised of the erection of 2 no. two storey detached dwellings. The amended indicative site layout plan has since been received which reduces the density and scale of the development and which now shows how the site could accommodate 1 no. detached 4-bedroom single storey bungalow with a garage to the front, terrace to the side and a garden to the rear.
1.3. The indicative gross internal floor area of a single storey bungalow would be approximately 244m2.
1.4. The site area amounts to approximately 0.13Ha resulting in a density of 7.5 dwellings per hectare.
1.5. An access is indicated from Mayland Road with a double garage and a driveway to the front of the property and a refuse collection point some 25m from the highway of Mayland Road.
1.6. Link to Documents
2. Site & Surroundings
2.1. The application site comprises a disused previously developed backland parcel of land adjacent to and bounded by rear gardens of residential dwellings situated on Mayland Road, Ravenshaw Road, City Road and Newnham Road. To the north- west, the site consists of two rows of garages that are vacant and in a state of disrepair. The rest of the site consists of overgrown self-set vegetation throughout.
Page 1 of 9 2.2. The site is accessed via a private track off Mayland Road that sits between a detached garage and a rear garden of Nos 278 and 276 City Road and No. 2 Mayland Road.
2.3. The prevailing character and built form of the surrounding area consists of traditional two storey, semi-detached dwellings on relatively narrow but deep plots. The dwellings along City Road and Ravenshaw Road comprise road frontages and are set back on regular building line with relatively narrow but large gardens. The public realm consists of tree-lined public highway with spacious junctions, fronted by front gardens and overlooked by houses. The site is bounded by Mayland Road and Newnham Road which are small cul-de-sacs with dwellings facing turning circles with large rear gardens facing the application site. There is an existing backland development in the immediate area that comprises one bungalow accessed via private track off Mayland Road at 1A Mayland Road.
2.4. Site Location
3. Planning History
3.1. 10/01/2018 – (2017/07466/PA) - Outline Planning Application for the demolition of existing garage blocks and erection of 4 no. detached dwellinghouses and garages with access and layout to be determined – Refused
4. Consultation/PP Responses
4.1. Regulatory Services – No objection.
4.2. Transportation Development – No objections subject to conditions in relation to pedestrian visibility splay, alterations to footway crossing, refuse collection point and all matters to be reserved.
4.3. West Midlands Fire Service – No objection.
4.4. West Midlands Police – No objection.
4.5. Severn Trent Water – No objection and no requirements for a drainage condition.
4.6. Site notice displayed. Adjoining neighbours, Ward Councillors and MP consulted. 1 petition objecting to the proposal and containing 5 signatories has been received raising the following matters:
. Loss of habitat; the destruction of small trees, shrubs and other vegetation and wildlife such as small mammals, birds, butterflies, moths and variety of insects . Increase of vehicles entering and leaving the cul- de- sac
In addition, 12 letters of representations received from local residents raising the following matters: . Possible loss of privacy; boundary treatment not sufficient and a patio window overlooking amenity space of an existing dwelling on Mayland Road . Increased traffic, restricted parking, not enough space for emergency/refuse vehicles to get through, highway safety issues . Noise, light pollution , increase in disturbance from car lights, street lights and new house, noise, disturbance . Possible asbestos on site
Page 2 of 9 . Security . With food prices going up after Brexit, the land should be used as a community garden instead . No elevations or roof plans . Impact of the housing and construction work on the trees in neighbouring gardens, Tree Survey and Arboricultural Implication Assessment is needed . Private right of access . Possible use of the property as an HMO . Not keeping with local character . Boundary issues, personal circumstances . Impact on wildlife
5. Policy Context
5.1. The following local planning policies are applicable: • Birmingham Development Plan (2017); • Unitary Development Plan (2005) (saved policies 3.14-3.14D & Chapter 8); • Places For Living SPG (2001); • Car Parking Guidelines SPD (2012) • Mature Suburbs Residential Guidance (2008) • 45 Degree Code
5.2. The following national planning policies are applicable:
• National Planning Policy Framework (2019)
6. Planning Considerations
6.1. The main considerations in the determination of this outline planning application are: the principle of residential development, standard of accommodation, the impact on character and residential amenity, highway safety and existing parking provisions.
Principle of Residential Use
6.2. Paragraph 117 of the National Planning Policy Framework (NPPF) states that planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions.
6.3. In addition, Paragraph 118 of the NPPF states, among other things, that planning policies and decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs; and promote and support the development of under-utilised land and buildings, especially if this would help to meet identified needs for housing where land supply is constrained and available sites could be used more effectively.
6.4. Policy TP27 of the Birmingham Development Plan (2017) states that new housing is expected to contribute to making sustainable places, whether it is a small infill site or the creation of a new residential neighbourhood. Moreover, the Policy states that sustainable neighbourhoods are characterised, among other things, by a wide choice of housing sizes, types and tenures to ensure balanced communities.
6.5. Policy TP28 of the Birmingham Development Plan (2017) states that new residential development should be located outside flood zones 2 and 3, be adequately serviced
Page 3 of 9 by existing or new infrastructure and accessible to jobs, shops and services by modes of transport other than the car.
6.6. The application site is located within an established residential area. The site is located outside of flood zones 2 and 3 and is adequately serviced by existing infrastructure. The site is accessible to jobs, shops and services by modes of transport other than the car with a regular bus service that operate along City Road. I am not aware of any physical constraints and the site does not contain any historic or cultural assets.
6.7. It is therefore considered that the principle of residential development in this sustainable location is acceptable in principle, subject to other site specific material planning considerations.
Impact on Local Character
6.8. Places for Living SPG advises that backland developments can be a useful form of infill housing such as bringing derelict land into use. However, it further notes that a high standard of design is required to overcome any constraints and that proposals for backland developments should also consider the effect on the existing street frontage and neighbouring buildings, local character, existing trees/landscaping, satisfactory access and the amenity of neighbouring occupants.
6.9. The Council's Mature Suburbs: Guidelines to Control Residential Intensification SPD also applies to this outline planning application because the surrounding area is generally uniform in character. The SPD advises that when considering new developments within a mature suburb the key is to ensure that the development does not harm the distinctive character and identity of an area.
6.10. The prevailing character and built form of the surrounding area consists of traditional two storey, semi-detached dwellings on relatively narrow but deep plots. The dwellings along City Road and Ravenshaw Road comprise road frontages and are set back on regular building line with relatively narrow but large gardens. The public realm consists of tree-lined public highway with spacious junctions, fronted by front gardens and overlooked by houses. The site is bounded by Mayland Road and Newnham Road which are small cul-de-sacs with dwellings facing turning circles with large rear gardens facing the application site. I recognize that the proposed development would not reflect the prevailing character of the adjoining roads; however, there is already a similar example of backland development in the immediate area that comprises one bungalow accessed via private track off Mayland Road at 1A Mayland Road.
6.11. In addition, the proposed amended scheme is considered to be an improvement to a previously refused application for the demolition of existing garages and erection of 4 no. two storey dwellings and previous scheme which proposed 2 no. two storey dwellings. The current proposal is distinctively different and comprises a single storey bungalow which would be appropriate for this backland development on the site of a vacant block of garages and the proposed indicative layout shows a good spatial arrangement between the bungalow and separation from neighbouring properties. The proposal represents a low key form of development which reflects the low key nature/character of the existing garage block. Furthermore, he proposed bungalow together with the private access road off Mayland Road would mirror the existing arrangement and access at 1A Mayland Road. Moreover, the indicative layout shows that the development would not appear cramped or result in an overdevelopment of the site.
Page 4 of 9
Residential amenity/standard of accommodation
6.12. Although this planning application is in outline form and all matters i.e. scale, layout, appearance, access and landscaping are reserved for future determination; it is important to consider at this stage whether the proposal would comply with the required guidelines contained in ‘Places for Living’ SPG and whether required distance separations could be achieved in a reserved matters submission.
6.13. The indicative proposed layout shows that a single storey bungalow would be located approximately 29m from the properties on Ravenshaw Road, 60m from the properties on City Road, a minimum of 23m from the properties on Mayland Road and 22m from the properties on Newnham Road. In addition, the proposed dwelling would be a single storey which as ‘Places for Living’ SPG states is not critical in terms of overlooking from upper stories and the presence of existing boundary treatments and mature trees further lessens any potential impact on residential amenity. The indicative site layout plan also shows that a bungalow would comply with a minimum distance separation guidelines contained in ‘Places for Living’ SPG and the detailed design and layout could be addressed at reserved matter stage.
6.14. The proposed provision of private amenity space is adequate to comply with the requirements of ‘Places for Living’ SPG and the scale of the bungalow (on the basis of the indicative plan) would comply with the Technical Housing Standards – nationally described space standard. Regulatory Services have assessed the proposal and raised no objections.
Highway issues and parking
6.15. The indicative plans show an access from Mayland Road with a double garage and a driveway to the front of the property and a refuse collection point at around 25m from public highway. It is noted that concerns have been raised by local residents that the proposal would likely to increase traffic and parking demand on surrounding highways and that the access is too narrow for the emergency vehicles/refuse tracks.
6.16. Transportation Development have assessed the proposal and they raised no objections. It is considered that the replacement of previous garages on the site with only 1 dwelling would be unlikely to increase traffic significantly or intensify the use of the access compared to the previous use at the site. Moreover, the indicative plans show that there would be a double garage and also space available for parking outside the garage. Transportation Development recommended that an existing level of pedestrian visibility access splay shall be maintained at the vehicular access, any alteration to footway crossing to be carried out to departmental specifications at applicant’ expense and a refuse collection point should be provided within 25m from public highway. I concur with this view and the relevant conditions are attached. It is also evident from the indicative site layout that an appropriate access, parking and refuse collection point could be achieved on site.
Trees
6.17. The application site is not subject to a Tree Preservation Order, nor does it comprise high quality trees. There are some mature trees outside the application site to the north-eastern and southern borders within neighbouring gardens. None of these trees are subject to a Tree Preservation Order. The Tree Officer has assessed the proposal and commented that the amended scheme for just 1 dwelling on site is
Page 5 of 9 much more acceptable level of development compared to previous schemes. He raises no objections to the proposal however recommends that a Tree protection plan would be needed to ensure that the retained root protection areas are protected. I concur with this view and the relevant condition is attached.
Ecology
6.18. The City Ecologist have assessed the proposal and commented that since the site is former garages with hard standing, there is likely to be relatively limited opportunities for burrowing mammals. Nevertheless, terrestrial mammals such as hedgehogs along with amphibians and nesting birds (within the season) may be present on site. The City Ecologist advises that integration of a bird nesting boxes into the fabric of the proposed development would offer some mitigation for loss of bird nesting habitat following site clearance. In addition, the City Ecologist raises no objections to the proposal subject to conditions relating to a Construction Ecological Mitigation Plan, scheme for ecological/biodiversity/enhancement measures and bird/bat boxes. I concur with this view and the safeguarding conditions are attached.
Other matters
6.19. West Midlands Fire Service have assessed the proposal and they raised no objections.
6.20. Severn Trent Water have assessed the proposal and they raised no objections. As the proposal has minimal impact on the public sewerage system, a drainage condition would not be required.
6.21. West Midlands Police have assessed the proposal and they raise no objections. They recommended that should planning application be approved, the applicant adopts the enhanced security standards produced by Police Crime Reduction initiative 'Secured by Design 2016 Guide'. In addition, recommendations have been made in relation to lighting, boundary treatment and gating. The agent has been advised accordingly.
6.22. It is noted that concern has been raised that the property could be used as an HMO. However, there is no evidence within the application as submitted to suggest that this is the case. Moreover, the hypothetical applicant’s motives are not a material planning consideration and cannot be taken into account when assessing this outline planning application.
6.23. It is also noted that concerns have been raised by local residents with regards to potential asbestos on site. Removal of asbestos is governed by the Control of Asbestos Regulations 2012 and the implementing authority is the Health & Safety Executive. This matter is not a material planning consideration and cannot be taken into account when assessing this outline planning application.
6.24. In addition, it is noted that concern has been raised by a local resident that with food prices going up after Brexit, the land should be used as a community garden instead. However, it is the role of the local planning authority to determine the application before them within the context of relevant policy and guidance.
6.25. Finally, concerns have been raised by local residents with regards to boundary issues, personal circumstances and a private right of access. However, these matters are not material planning considerations and cannot be taken into account when assessing this outline planning application.
Page 6 of 9
6.26. The application site is located in a low market value area and therefore does not attract a CIL contribution.
7. Conclusion
7.1. The proposal amounts to the provision of residential development in a sustainable urban location and the proposal would accord with policies PG3, TP27 and TP28 of the Birmingham Development Plan and the NPPF. The application is therefore in accordance with relevant policy and guidance and planning permission should be granted.
8. Recommendation
8.1. Approve subject to Conditions.
1 Requires the submission of reserved matter details following an outline approval
2 Requires the prior submission of a construction ecological mitigation plan
3 Requires the submission of a scheme for ecological/biodiversity/enhancement measures
4 Requires the prior submission of details of bird/bat boxes
5 Requires the submission of sample materials
6 Requires the prior submission of level details
7 Limits the layout plans to being indicative only
8 Arboricultural Method Statement - Submission Required
9 Requires pedestrian visibility splays to be maintained
10 Requires the provision of refuse collection point
11 Requires the submission of boundary treatment details
12 Limits the maximum number of storeys
13 Implement within 3 years (outline)
Case Officer: Lucia Hamid
Page 7 of 9 Photo(s)
Photo 1: Access from Mayland Road
Photo 2: Facing Site
Page 8 of 9 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 9 of 9 Birmingham City Council
Planning Committee 14 March 2019
I submit for your consideration the attached reports for the East team.
Recommendation Report No. Application No / Location / Proposal
Approve - Conditions 17 2018/10386/PA
40 Goodison Gardens Erdington Birmingham B24 0AQ
Demolition of single storey side extension to existing dwelling and erection of 1 no. dwelling house with associated parking
Approve - Temporary 18 2019/00444/PA
R75-Bordesley Circus Coventry Road Bordesley Birmingham B9 4EJ
Display of four non illuminated freestanding post mounted signs with coloured graphics to front and powder coated posts to side
Page 1 of 1 Director, Inclusive Growth
Committee Date: 14/03/2019 Application Number: 2018/10386/PA Accepted: 24/12/2018 Application Type: Full Planning Target Date: 15/03/2019 Ward: Erdington
40 Goodison Gardens, Erdington, Birmingham, B24 0AQ
Demolition of single storey side extension to existing dwelling and erection of 1 no. dwelling house with associated parking Recommendation Approve subject to Conditions
1. Proposal
1.1. This application seeks consent for the demolition of an existing single storey side extension at 40 Goodison Gardens and the erection of a detached house within the existing side garden area. The proposed building would have similar materials to the existing property and would be approximately 0.2m lower in height. At ground floor there would be an entrance hall, wc, lounge and kitchen and at first floor 3 bedrooms and a bathroom. The development provides a front driveway which can accommodate 2 cars, and a rear / side garden. The existing property would retain a 10m long rear garden to the adjoining property and a 2 car driveway.
Link to Documents
2. Site & Surroundings
2.1. The site occupies a corner plot within an established residential setting, enclosed along its southern side by a 1.8m high fence and mature hedges. Goodison Gardens consist of 1970’s semi-detached dwellings.
Site Location Map
3. Planning History
3.1. None directly relevant to the assessment of the application. Planning permission for the development of the estate was granted in 1968, and approval given for the side extension to the property in 1977.
4. Consultation/PP Responses
Page 1 of 7 4.1. A site notice was displayed and neighbour notification letters were sent to 12 properties on Goodison Gardens, Jack Droney MP, and Ward Councillors. 6 letters of objection have been received, raising the following concerns over the proposal:
. loss of privacy, . loss of existing views, . the development would be over-bearing, . out of scale with the character of the neighbourhood, . excessive removal of tree / hedgerow, . loss of greenspace, . loss of daylight, . traffic and highway safety concerns, . access and parking problems, . increased population density, . wildlife habitat destruction and . drainage issues.
4.2. Transportation Development – No objection, subject to the provision of an appropriate visibility splay.
4.3. Severn Trent Water – No objection.
4.4. West Midlands Police – No objections.
4.5. Regulatory Services – No objections.
5. Policy Context
5.1. National Planning Policy Framework (2019), Birmingham Development Plan (2017), Birmingham Unitary Development Plan (Saved Policies - 2005), SPG Places for Living (2001), Places for All (2001) and the 45 Degree Code (1996).
6. Planning Considerations
Background
6.1. This application has been assessed against the objectives of the policies as set out above. The main issues for consideration are the scale, design and siting of the proposed building, impact on the existing street scene and the amenities of neighbouring occupiers and highway safety.
Policy
6.2. NPPF Paragraph 70 advises that inappropriate development of residential gardens should be resisted, for example where development would cause harm to the local area.
Page 2 of 7 6.3. Policy PG3 of the BDP states that all new development will be expected to demonstrate high design quality, contributing to a strong sense of place. New development should reinforce or create a positive sense of place and local distinctiveness, with design that responds to site conditions and the local area context.
6.4. Saved Policy 3.14C of the Birmingham UDP states that development should have regard to the development guidelines set out in Places for All and Places for Living SPG.
Impact on the Character of the Area
6.5. The scale and design of the proposed building is in keeping with existing properties, in terms of height, mass and scale. The building would be appropriately sited, along the existing building line immediately to the west of the site. The development would not cause harm to the local area in terms of street scene impacts, and in this respect does not conflict with Para. 70 of the NPPF. Conditions can be attached to ensure appropriate planting, boundary treatment and paving are provided to enhance the site’s appearance.
Residential amenity
6.6. The development would not result in loss of outlook or daylight to neighbouring properties. The building would have 10 metres separation distance to the gable wall at No. 38 Goodison Gardens and 89sq.m of garden space. In terms of internal space standards, the floor space of the bedrooms would range from 4.6 sq.m area to 9.5 sq.m – although this is slightly below the national standards, it would be similar to the bedroom floor space of the existing property. The proposal accords with guidance set out in ‘Places for Living’ with regard to providing a satisfactory level of amenity for the future occupants and existing residents.
Other Matters
6.7. The site lies within TPO No. 34 affected area, however this is now built-out and no trees would be affected by the proposal.
6.8. With regard to the comments received from Transportation Development, the layout of the development would enhance visibility at the corner in comparison to the existing situation. Sufficient parking space would be available and as such there are no highway safety concerns.
7. Recommendation
7.1. Approval subject to conditions.
1 Requires the scheme to be in accordance with the listed approved plans
2 Requires that the materials used match the main building
3 Requires the submission of hard surfacing materials
4 Removes PD rights for extensions
Page 3 of 7
5 Requires the submission of a Landscape Scheme (Householder)
6 Implement within 3 years (Full)
Case Officer: Obafemi Okusipe
Page 4 of 7 Photo(s)
Fig.1: Application Site
Fig 2: 38 Goodison Gardens Page 5 of 7
Page 6 of 7 Location Plan
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 7 of 7
Committee Date: 14/03/2019 Application Number: 2019/00444/PA Accepted: 18/01/2019 Application Type: Advertisement Target Date: 15/03/2019 Ward: Bordesley Green
R75-Bordesley Circus, Coventry Road, Bordesley, Birmingham, B9 4EJ
Display of four non illuminated freestanding post mounted signs with coloured graphics to front and powder coated posts to side
Recommendation Approve Temporary
1. Proposal
1.1. The proposal is for the display of 4 no. non-illuminated advertisement signs mounted on posts on Bordesely Circus. The proposed signs measure approximately 1800mm wide, by 700mm high and mounted on 76mm wide x 200mm high posts. The freestanding signs would be constructed of aluminium panels with non-reflective film.
Link to Documents
2. Site & Surroundings
2.1. The application site is a roundabout (Bordesley Circus) intersection of Watery Lane Middleway, Bordesley Middleway, Small Heath Highway and Coventry Road. The site is landscaped and there are a number of highway signs to the periphery. The site is under the control of Birmingham City Council. The surrounding area is a mix of commercial and residential in character.
Site Location
3. Planning History
3.1. None relevant to this application.
4. Consultation/PP Responses
4.1. Transportation Development – No objections.
4.2. Regulatory Services – No objections.
Page 1 of 4 5. Policy Context
5.1 Birmingham Development Plan 2017, Birmingham Unitary Development Plan (saved policies), National Planning Policy Framework. The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.
6. Planning Considerations
6.1. The National Planning Policy Framework states that advertisements should be subject to control only in the interests of amenity and public safety. It also states that poorly placed advertisements can have a negative impact on the appearance of the built environment.
6.2. The proposed advertisement would be modest in nature within the context of the roundabout. Text colour and background will vary. The maximum font size would be 50cm. It is considered that the size, scale and position of the signs is acceptable on visual amenity grounds. There are no objections in principle to the proposal, which would be temporary for five years.
6.3. The proposed advertisements comprising the installation of four adverts on separate posts at intervals on the existing roundabout would have no adverse impact on highway safety. Transportation Development Officer has no objections to the proposal.
7. Conclusion
7.1. It is considered that the size, scale and position of the proposed signage would be acceptable and would not impact on the character of the area and would comply with all relevant planning policies.
8. Recommendation
8.1 Temporary Consent
1 Temporary consent for 5 years.
2 Adverts displayed in accordance with approved plans.
Case Officer: Ann Scott
Page 2 of 4 Photo(s)
Figure 1, view from exit 3
Figure 2, view from exit 2
Figure 3, view from exit 4 Page 3 of 4 Location Plan
WATERY LANE MIDDLEWAY LANE WATERY
MIDDLEWAY LANE WATERY 28
26
30
Telephone 24 Exchange
DART STREET 33 NEW BOND STREET 20
Lock
106.4m 21
El Sub Sta
104
Tow Path
COVENTRYShelter ROAD 80
Bordesley Circus 108.2m
50 to 52 SPRING VALE
First Academy 108.2m
110.9m 25
108.8m
Lock
BORDESLEY PARK ROAD
Tow Path
Drain Hotel
BORDESLEY MIDDLEWAY
BORDESLEY MIDDLEWAY
This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010
Page 4 of 4 BIRMINGHAM CITY COUNCIL
REPORT OF DIRECTOR, INCLUSIVE GROWTH
PLANNING COMMITTEE 14/03/2019
Public Consultation on the Development Management in Birmingham (DMB) Development Plan Document
1 Subject and Brief Summary
1.1 This report is to provide details on the consultation currently being carried out on the Development Management in Birmingham Development Plan Document (DMB) until 29th March 2019.
1.2 The DMB, once adopted, will set out non-strategic planning policies for the determination of planning applications and, in turn, will replace the existing policies of the Birmingham Unitary Development Plan (UDP) (2005). It will therefore be one of the Council’s key planning policy documents.
1.3 This current consultation stage (Preferred Options) began on 4th February 2019 and is the second stage in the plan preparation process for the DMB and attached at Appendix 1. The consultation document is accompanied by an Interim Sustainability Appraisal (SA) (Appendix 2)
2 Recommendations
2.1 That Planning Committee notes the contents of this report, and takes the opportunity to consider providing comments on the DMB Preferred Options document.
3 Contact Officers
Uyen-Phan Han Planning Policy Manager Planning and Development Tel: 0121 303 2765 Email: [email protected]
4 Background
4.1 The DMB, when completed and adopted, will support the adopted Birmingham Development Plan (2017) (BDP) by setting out non-strategic planning policies for the determination of planning applications. The majority of the draft policies proposed will update or modernise existing Unitary Development Plan (UDP) (2005) policies such as those which deal with amenity, contaminated land, advertisements, and telecommunications. Once adopted it will therefore be one of the Council’s key planning policy documents and the policies will be a material consideration in the determination of planning applications.. 4.2 This current consultation stage (Preferred Options) is the second stage in the plan preparation process and has been developed having regard to comments received during the first consultation on the document (Issues and Options) which was held in 2015. The production of this Preferred Options document was, in itself, delayed whilst the BDP was awaiting formal adoption. The DMB has since been revised to inform this consultation and is attached as Appendix 1.
4.3 The purpose of the consultation document is to invite comments on the preferred approach and alternatives which will then inform the preparation of the next stage of the DMB document. The consultation will run until 29th March 2019 and is accompanied by an Interim Sustainability Appraisal (SA) (Appendix 2) which assesses the policies within the DMB to ensure they have a positive impact on social, economic and environmental factors.
4.4 The consultation process will be in accordance with the Council’s adopted Statement of Community Involvement, under the provisions of the Planning and Compulsory Purchase Act 2004, and the revised procedures required by the Town and Country Planning (Local Planning) (England) Regulations 2012.
4.5 The consultation document and relevant material has been published online and all those on the Planning Policy Consultation Database have been notified along with all Councillors and other stakeholders. All the feedback and comments received will be taken into consideration in formulating the next stage of the consultation prior to the eventual adoption of the document. If the Planning Committee has any comments or observations either collectively, or as individual Members, you are welcome to consider making them.
4.6 The consultation document contains 15 new draft policies which cover four different topic areas. These are:
• i) Environment and Sustainability covering policy issues such as Air Quality, contamination, landscaping, light pollution and noise.
• ii) Economy and Centres including policies on advertisements, places of worship and day nurseries
• iii) Homes and Neighbourhoods including policies on residential development, houses in multiple occupation (HMOs) and self / custom build housing
• iv) Connectivity including policies highway safety and access, parking and servicing and telecommunications.
5 Financial Implications
5.1 The Consultation Document has been prepared using existing Inclusive Growth Directorate (Planning and Development) staff resources and specialist external consultants funded from existing approved revenue budgets to prepare specific evidence in support of the DMB. Following consultation, subsequent stages in the adoption of the DMB will be met from the Planning and Development revenue budget for 2019/20. There are no additional financial implications to the City Council from the production of the DMB.
6 Implications for Policy Priorities
6.1 The DMB is consistent with the Council Plan 2018-2022 and in particular the outcomes; “Birmingham is an Entrepreneurial City to learn, work and invest in” as well as “Birmingham is a great city to live in” by providing up to date policies against which planning applications for development will be assessed. The draft policies within the document complement and are in line with the Birmingham Development Plan which was adopted by Full Council in January 2017.
7 Implications for Equalities
7.1 The DMB is being prepared in line with Section 149 of the Equality Act 2010 in ensuring that public bodies consider the needs of all individuals in shaping policy. Preparation of the DMB document includes the carrying out of an integrated Sustainability Appraisal at each formal stage which ensures positive social, economic and environmental impacts as well as an Equality Analysis.
7.2 Equalities considerations have been considered through the Councils gateway approval process on the decision to prepare the DMB document. This has not identified any specific impacts on the protected characteristics, and there will be positive outcomes for the local population from the application of the draft policies once adopted. The Equalities Analysis of the DMB document will be updated and inform the final version of the document when it is adopted by the City Council.
8 Appendices • Appendix 1 - Development Management in Birmingham DPD (DMB) (Preferred Options) Consultation Document • Appendix 2 – Interim Sustainability Appraisal (SA) for the Development Management in Birmingham DPD (DMB) (Preferred Options) Consultation Document • Appendix 3 – Consultation Statement
9 List of Background Documents used to compile this report
• Birmingham Development Plan (2017) • Development Management Development Plan Document: Public Consultation – Cabinet report dated 27th July 2015 • Birmingham Unitary Development Plan 2005
______Waheed Nazir Director, Inclusive Growth DEVELOPMENT MANAGEMENT IN BIRMINGHAM
Preferred Options Consultation
January 2019 Contact Planning and Development Economy Directorate Birmingham City Council
E:mail: [email protected]
Web: http://www.birmingham.gov.uk/DMB
Call: Telephone (0121) 303 4323
Visit: Office: 1 Lancaster Circus Birmingham B4 7DJ
Post: P.O. Box 28 Birmingham B1 1TU
Plans contained within this document are based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office. © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence number 100021326, 2019. development management in birmingham / contacts Birmingham Local Plan 2011-2031 Development Management in Birmingham Development Plan Document
Preferred Options Document Consultation (Regulation 18)
The Council is inviting comments on the Development Management in Birmingham (Development Plan Document) Preferred Options Document as part of a formal public consultation that runs from 4th February 2019 until 29th March 2019.
You can view the document and find out more about the document and the consultation on the Council’s website at: www.birmingham.gov.uk/DMB or by calling (0121) 303 4323.
How do I comment? You can respond directly to the document online at our website: www.birmingham.gov.uk/DMB
Responding online is the quickest and easiest way to comment.
Alternatively, you can also respond by completing a comment form, available from the Planning and Development offices or downloaded from our website, and returning this to us.
• Email: planningstrategy.gov.uk • Write: Planning and Development, 1 Lancaster Circus, Birmingham, B1 1TU.
Please clearly state the policy and paragraph number that your comments relate to.
Hard copies of the Plan are available to view during normal opening hours at the Planning and Development offices and at the local libraries listed on: www.birmingham.gov.uk/DMB.
What happens next? At the end of the consultation period, all of the responses will be analysed. The Council will then compile the results of the consultation in a report which will be made available on our website in due course. All responses received will be taken in to account and used to prepare the Development Management Policies DPD for a final round of consultation prior to its submission to the Secretary of State.
preface / development management in birmingham 2
development management in birmingham / contents Contents 3
Foreword 5 1 Introduction 6 2 Environment and sustainability 10 DM1 Air quality DM2 Amenity DM3 Land affected by contamination and hazardous substances DM4 Landscaping and trees DM5 Light pollution DM6 Noise and vibration 3 Economy and network of centres 22 DM7 Advertisements DM8 Places of worship DM9 Day nurseries and early years provision 4 Homes and neighbourhoods 28 DM10 Houses in multiple occupation DM11 Residential development DM12 Self and custom build housing 5 Connectivity 36 DM13 Highway safety and access DM14 Parking and servicing DM15 Telecommunications 6 Implementation and monitoring 44 7 Appendices 46 1 Technical Housing Standards Nationally Described Space Standard (March 2015 as updated) 2 Information to be submitted with a planning application for new or changes of use to Places of Worship or faith related educational facilities 3 Policies in Stage 1 Regulation 18 Consultation not included in Preferred Options Document and justification 4 Monitoring framework
contents / development management in birmingham 4
development management in birmingham / foreword Foreword 5
Birmingham is going through exciting changes which will see significant levels of new development and infrastructure delivered in the city over the next 15 years. Through the Birmingham Development Plan (adopted in 2017), over 51,100 new homes and substantial amounts of employment land, retail and office development will be delivered by 2031. At the heart of the Council’s local plan is the objective of sustainable growth which seeks to ensure that we build a strong and competitive economy, vibrant and healthy communities and protect and enhance our environment. This document aligns with the Council’s key priorities, which are to make Birmingham a great city to live, grow up and age well in; as well as an excellent city to learn, work and invest in. Growth must therefore be managed in the most positive, effective and sustainable way possible, which is why this document - Development Management in Birmingham, is important. It will provide detailed planning policies for specific types of development and support the implementation of the Birmingham Development Plan. As part of the city’s commitment to engage people in the planning process I am pleased to invite your views on the draft document presented for consultation and encourage your participation in the process of making Birmingham a better place to live. Ian Ward Leader Birmingham City Council
Building on the Birmingham Development Plan, which sets out the overall spatial strategy for the city, the Development Management in Birmingham (DMB) document will provide up-to-date development management policies, replacing the saved policies of the Unitary Development Plan 2005, once adopted. The purpose of the DMB is to provide clear policies that will be used to determine planning applications. Overall, these policies will ensure that development is guided to the right location, is of a high standard, and that inappropriate development is deterred. The DMB will help to ensure that our vision and objectives for sustainable growth and development of the city will be realised. The formulation of the draft policies being presented for consultation has taken into consideration the revised National Planning Policy Framework and other relevant Government guidance. Comments received on the previous round of consultation have also helped to inform the policies presented in this document. We are committed to providing a high quality, responsive and effective Planning Service. To that end we welcome your comments on this document as a means of helping us to achieve this. Waheed Nazir Corporate Director Economy Birminham City Council
foreword / development management in birmingham Introduction
Birmingham’s Local Plan 11.1 Birmingham has established a clear agenda to deliver sustainable growth meeting the needs of its population and securing high quality development and infrastructure. This agenda is set out through Birmingham’s Local Plan which consists of a series of documents containing the strategy and policies for growth. All proposals for development that require planning permission will be determined in accordance with the relevant policies in the Local Plan, which consists of the:
• Adopted Birmingham Development Management reflect the BDP. They are informed Development Plan (BDP). in Birmingham by national policies and guidance 1.4 The purpose of the DMB is which set out Government’s • Saved 2005 Birmingham Unitary to provide detailed development planning policies for England and Development Plan policies. management policies which are how it expects them to be applied. non-strategic and provide detailed • Adopted Aston, Newtown and often criteria based policies for 1.6 The DMB will provide detailed Lozells Area Action Plan. specific types of development. policies in areas where further The policies will give effect detail is needed beyond that • Adopted Longbridge Area to, and support, the strategic contained in the BDP. Each policy Action Plan. policies set out in the Birmingham in the DMB seeks to deliver and/ Development Plan (BDP), adopted or clarify in detail a BDP policy. The • When adopted, the Bordesley in January 2017. It is intended that Council is satisfied that the DMB Park Area Action Plan the policies contained within in this is in general conformity with the (submission expected Winter document are to be applied City- policies of the BDP and also takes 2018). wide unless specified otherwise. full account of national planning policy and European Union • Balsall Heath Neighbourhood 1.5 This document contains 15 Directives. Development Plan. policies arranged in themes to
1.2 The Development Management in Birmingham Development Plan Document (DMB), once it is adopted, will replace the Saved 2005 Birmingham Unitary Development Plan policies and form part of Birmingham’s Local Plan.
1.3 Other relevant planning documents which provide guidance on how planning policies will be applied include Supplementary Planning Documents and Guidance (SPD/ SPG) and non-statutory area frameworks. The Council is in the process of updating and consolidating many of its existing design related SPDs and SPGs into one new SPD called the Birmingham Design Guide. The design guide is currently being developed and will be consulted on later in Spring 2019.
New Street Station
development management in birmingham / introduction 7
Objectives • To protect and enhance the developed in consultation with 1.7 The DMB will support the City’s heritage assets and historic the relevant statutory consultees delivery of the objectives for the environment. and other key stakeholders in City as set out in the BDP. These accordance with the Duty to are: • To conserve and enhance Co-operate and the Statement Birmingham’s natural of Community Involvement. The • To develop Birmingham as a City environments, allowing policies will be consistent with of sustainable neighbourhoods biodiversity and wildlife to national policy and the BDP. that are safe, diverse and flourish. inclusive with locally distinctive character. • To ensure that the City has the Structure of the document • To make provision for a infrastructure in place to support 1.9 The policies have been significant increase in the City’s its future growth and prosperity. organised on a topic basis population. mirroring the structure of the BDP. Each policy begins with • To create a prosperous, How the DMB an introduction setting out successful and enterprising is being prepared? the purpose of the policy. The economy with benefits felt by all. 1.8 The following key principles policy text is shown in a box. • To promote Birmingham’s have been used to guide the The explanatory supporting text national and international role. preparation of the draft policies provides a reasoned justification contained in the DMB. for the policy, against alternatives • To provide high quality (where applicable) and important connections throughout the City • Additionality - the DMB will information on how the policy will and with other places including provide detailed policies to be applied. Other relevant links are encouraging the increased use support the delivery of the made including reference to BDP of public transport, walking and BDP. Where principles for polices, relevant Supplementary cycling. development are addressed by Planning Documents (SPDs), national or BDP policies, they other guidance, and the Local • To create a more sustainable are not repeated. Some areas Information Requirements. City that minimises its of policy will be supported carbon footprint and waste, by supplementary planning and promotes brownfield documents rather than Stages in producing the DMB regeneration while allowing the development management 1.10 This Preferred Options City to grow. policies to provide more detailed Document is the second stage advice about how particular • To strengthen Birmingham’s in the preparation of the DMB policies will work in practice. quality institutions and role as and has been developed having a learning City and extend the • Justification - the development regard to comments received education infrastructure securing management policies will be during the first consultation on the significant school places. based on an appropriate and Development Management DPD deliverable strategy when (Consultation Document) in 2015. • To encourage better health and considered against alternatives A summary of the comments from well-being through the provision and relevant, proportionate and the first stage consultation and of new and existing recreation, up-to-date evidence. how they have been considered is sport and leisure facilities linked set out in a separate Consultation to good quality public open • Conformity - the development Statement. space. management policies will be
introduction / development management in birmingham The overall plan preparation 1.14 A Habitats Regulations 8 process is set out below: Assessment Screening has been carried out in accordance with Issues and Options the European Union Directive to consultation June 2015 complement the SA. These have Preferred Options Document been undertaken as an integral and consultation (this stage) iterative part of the preparation February - March 2019 of the DMB and their outcomes have been taken into account Publication Document in formulating and refining the consultation Summer 2019 policies of the DMB. Submission to the Secretary of State - Autumn 2019 1.15 Copies of the Interim SA Examination in Public report and the Habitats Regulations Winter 2019 Assessment Screening are on the Adoption early 2020 Council’s website.
1.11 Following consultation on this document, we will consider all Evidence base comments received and prepare a 1.16 This DMB has been informed Publication version of plan. There by national and local planning will then be a further opportunity policies, guidance and evidence to comment on the plan, in the produced by the Government, the form of the Publication version, Council and its partners. It has also prior to the Council submitting the drawn upon the evidence base plan to the Secretary of State for which informed the development examination by an independent of the BDP. Evidence reports have inspector. Further background on also been specifically prepared for how the DMB is being prepared this DMB which form background is provided in the paragraphs that evidence to the policy formation follow. process. The evidence base reports can be found on the DMB page of the Council’s website. Duty to co-operate 1.12 Section 33A of the Planning & Compulsory Purchase Act 2004, as inserted by Section 110 of the Localism Act, places a duty on local authorities and relevant statutory bodies to cooperate on strategic planning issues. This duty requires ongoing, constructive and active engagement on the preparation of development plan documents. Duty to Co-operate bodies have and will continue to be involved through the key stages of the process.
Sustainability appraisal 1.13 A Sustainability Appraisal (SA) assesses the social, economic and environmental effects of the proposed policies. It is a process that must be carried out during the preparation of a Local Plan. An Interim Sustainability Appraisal (SA) of the impact of this Preferred Options Document has been undertaken and is available in a separate document.
development management in birmingham / introduction 9
introduction / development management in birmingham Environment and sustainability
2.1 The policies in this chapter have a focus on ensuring that new 2development over its lifetime contributes towards improvements in the quality of life in Birmingham. This approach also supports the key objective of the BDP in bringing forward sustainable development and creating quality places.
DM1 Air quality Why we have taken this air quality compliance with UK approach and how the policy will and EU statutory NO2 limits in the Introduction be applied shortest time possible, as part of a 2.2 The City’s built environment 2.3 Poor air quality is a public longer term air quality programme. and transport systems can have an health concern at both a local impact on the City’s air quality and, and national level. The whole of 2.5 The positive management of air as a consequence, on health and Birmingham is designated as an quality is a priority for the City, and wellbeing. Policies in the BDP seek Air Quality Management Area it is imperative that development to improve air quality within the (AQMA) for nitrogen dioxide (NO2) does not undermine the objectives City by taking a proactive approach and the Council maintains an Air of the CAZ, specifically that to planning, regeneration and new Quality Action Plan (AQAP) to compliance within the CAZ is development. This policy seeks to direct compliance with national maintained and that no other areas ensure that any proposal considers objectives. become subject to requiring the air quality and is accompanied declaration of a CAZ. by an appropriate scheme of 2.4 In order to deliver compliance, 2.6 The AQAP, BDP and mitigation where negative impacts Government has determined the Birmingham Connected provide the are identified. The Governments need for Birmingham to introduce framework to improve air quality current threshold for nitrogen a Clean Air Zone (CAZ) to control in the city, including measures to dioxide is 40 μg/m3. road transport related emissions particularly NO2. The Council’s encourage walking, cycling and the Cabinet has approved the preferred use of public transport, together measures for a Birmingham Clean with the support for the uptake Air Zone that will seek to achieve of cleaner vehicle technologies through infrastructure provision, fleet transition and travel behaviour changes. POLICY DM1 Air quality 2.7 New developments have 1. Development proposals will need to contribute to the management the potential to adversely affect of air quality and support the objectives of the local Air Quality air quality or be affected by air Action Plan and Clean Air Zone. Measures such as sustainable energy, quality. This particularly relates green infrastructure and sustainable transport can help to reduce to development that would and/ or manage air quality impacts. trigger an Air Quality Assessment (AQA) as set out in the Local 2. Development that would, in isolation or cumulatively, lead to Validation Requirements. The unacceptable deterioration in air quality or result in exceedances assessment and mitigation of nationally or locally set objectives for air quality, particularly for approach contained within the nitrogen dioxide, will not be supported. West Midlands Low Emissions 3. The development of fuelling station for low emission vehicles will Towns and Cities Programme: be supported in principle where they establish a network of facilities Good Practice Air Quality Planning to support the City’s transport and air quality objectives. New or Guidance (2014) (or any subsequent extended fuelling stations for petrol and diesel vehicles would need future replacement) should be to be justified on the basis of addressing clear gaps in existing utilised to assess where relevant provision and provide fuelling for low emission vehicles. exposure may arise, calculate the emission damage costs and Implementation identify mitigation. ‘Unacceptable’ deterioration is defined as Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration where the development would Funding Framework result in exposure to pollutant concentrations close to the limit � � � � values.
development management in birmingham / environment and sustainability 11
2.8 AQAs must outline the current not possible, developments must this presents and put in place the and predicted future pollutant be designed and sited to reduce infrastructure needed to support concentrations at, and in the vicinity exposure to air pollutants by this policy. of, the development site. The AQA incorporating mitigation measures. should also consider any potential Policy links cumulative impacts on air quality 2.11 The City Centre offers Birmingham Development Plan arising from planned development an opportunity for air quality • TP37 Health. in the vicinity of the development improvement with an extensive • TP38 A sustainable transport site. The AQA should set out the public transport network, good network. planned mitigation measures to pedestrian access and cycle • TP43 Low emission vehicles. address any negative impacts. routes. Outside the City Centre, • TP44 Traffic congestion and Mitigation measures should be development proposals will also management. provided on-site, however where need to demonstrate how they will this is impractical the AQA should contribute towards improvements Existing policy/guidance to be demonstrate that it is possible to in air quality. replaced or updated include measures in the local area None which have equivalent air quality 2.12 Where an AQA is required benefits. Mitigation measures may and the development that involves Alternatives considered be secured either by planning significant demolition, construction 2.15 In terms of criteria 1and 2 no condition or legal agreement or earthworks, the developer will alternative has been identified to where appropriate. Any impacts also be required to assess the risk this policy. Reasons for rejection: upon air quality will be considered of dust and emissions impacts and National policy requires planning in the context of the benefits the include appropriate mitigation to contribute towards compliance development brings to the City. measures to be secured in a with relevant limit values or national Construction Management Plan. objectives for pollutants and 2.9 Mitigation measures will include take into account local AQMA ensuring that developments 2.13 The UK Government has and Clean Air Zones. Therefore are designed to ensure walking confirmed it will be outlawing the in order to comply with national and cycling is an obvious choice sales of new conventional petrol policy it is considered necessary for short trips and that there is and diesel cars, as part of its ‘Road to set policy aimed at improving good public transport access to to Zero’ strategy. According to the air quality and mitigating the contribute towards the reduction proposals, no new cars or vans impacts of development on air in emissions, particularly nitrogen powered solely by a petrol or diesel quality. Having no air quality policy oxides and particulate matter. All engine will be sold in the UK from will risk undermining the AQMA new development should include 2040. The Road to Zero strategy and CAZ and failure to deliver low emission vehicle charging does, however, aim to considerably relevant actions within the City’s points as part of their parking increase the viability and ease-of- air quality action plan, transport provision, and consideration should use of electric cars. strategy and the objectives of the be given to options to introduce BDP in promoting sustainable car clubs as an alternative model of 2.14 Birmingham and the West development, and helping to car ownership. Application of the Midlands has particular expertise address climate change. City’s parking standards will ensure and a strong skills base in relation that on-site parking is provided at to manufacturing processes, appropriate levels. autonomous vehicles and energy technologies. These offer the 1 CONSULTATION QUESTION 2.10 Developments for sensitive opportunity to develop innovations uses such as schools, hospitals and and products in the ultra-low 1a: Do you agree with the policy residential units should be located emissions and autonomous vehicles approach? If not please explain why. away from major sources/areas of sector. The City is well places to 1b: Are there any other matters air pollution. However, where this is capitalise on the opportunity that that should be considered?
environment and sustainability /development management in birmingham DM2 Amenity fit for purpose and development way for the area in which they 12 proposals are acceptable. are located. Unless otherwise Introduction This policy should be read in stated, this policy applies to all 2.16 Birmingham seeks to conjunction with PG3 of the BDP forms of development within the sustainably manage growth so and DM11of this document. city, including changes of use that it takes place in the most and smaller proposals such as appropriate locations, meeting 2.18 Each development will have extensions. the City’s needs while continuing its own considerations, both within to conserve and enhance the the site itself and its impact on the 2.20 For the purposes of this features that make Birmingham an character of the area in which it is policy “amenity” is defined as ‘the attractive, vibrant and interesting set. These factors will influence how desirable features of a place that place to live, work and visit. amenity needs to be addressed. ought to be protected or enhanced Promoting and protecting high The careful design of development in the public interest’. This includes standards of amenity is a key can ensure that proposals help to factors such as achieving and element of ensuring sustainable maintain or improve amenity. The maintaining acceptable levels of growth and will be a major Birmingham Design Guide provides privacy, safeguarding occupiers consideration when the Council detailed design guidance which from excessive noise or light assesses development proposals. can help to address matters of pollution and ensuring sufficient amenity. internal and external space and Why we have taken this light. Consideration should not 2.19 The built up nature of approach and how the policy will only be given to the impact of Birmingham presents opportunities be applied individual developments, but also for new uses to address and 2.17 The delivery of a high quality to cumulative impacts. environment in Birmingham leaves improve the amenity of the City. This can be achieved by ensuring a lasting impression on how 2.21 The protection of amenity that all developments are suitably the City is perceived and how it covers both living and working located, well designed, adequately functions. In delivering the BDP, conditions. This means firstly that separated from neighbouring uses amenity is an important planning new development should provide and operate in an appropriate consideration to ensure places are for adequate day to day living and working conditions for those who will be occupying it. Secondly, it POLICY DM2 Amenity means that development should not have undesirable amenity impacts on the living conditions 1. All development should be appropriate to its location and ensure it of neighbouring residents or would not result in adverse impacts on the amenity of occupiers and compromise the continued neighbours. In assessing the impact of development on amenity, the operation of uses and activities following will be considered: which are already established in a. Visual privacy and overlooking. the locality. The NPPF is clear (with particular reference to noise) that b. Sunlight, daylight, overshadowing and overbearing impact. businesses wanting to develop c. Aspect, outlook and perception of enclosure. in continuance of their business d. Access to high quality and useable amenity space. should not have unreasonable restrictions put on them because of e. Artificial lighting levels. changes in nearby land uses since f. Noise and vibration. they were established. g. Odour, fumes, and dust. 2.22 It may be necessary to h. Safety considerations, crime, fear for crime and anti-social apply planning conditions to new behaviour. developments to ensure amenity i. Compatibility of adjacent uses. standards are maintained such as hours of operation, requirements j. The individual and cumulative impacts of development proposals for ventilation equipment to be on amenity. properly maintained, and delivery Implementation times.
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration Funding Framework � �
development management in birmingham / environment and sustainability Policy links Birmingham Development Plan 13 • PG3 Place making.
Existing policy/guidance to be replaced or updated No specific policy but amenity is referenced throughout the Saved 2005 UDP policies.
Alternatives considered 2.23 Option: To have no policy on amenity and rely instead on the NPPF and ad hoc considerations of proposals on a case by case basis.
Reasons for rejection: The Council believes the preferred approach will provide a more transparent, consistent and fairer basis for considering planning proposals than having no policy. To ensure the successful delivery of the BDP, amenity considerations are considered important. The NPPF is clear that planning should seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.
2 CONSULTATION QUESTION 2a: Do you agree with the policy approach? If not please explain why. 2b: Are there any other matters that should be considered?
Cannon Hill Park
environment and sustainability / development management in birmingham DM3 Land affected contribute to the pollution of must be agreed by the Council 14 by contamination and water bodies. The pollution of land before the development is can have an adverse impact on commenced and completed prior hazardous substances its suitability for certain types of to occupation. Planning conditions development. There is often a link may be applied to ensure remedial Introduction between the contamination and measures are submitted to and 2.24 Regeneration of previously stability of land. New development, approved by the Local Planning developed land is a key however, presents an opportunity Authority. As part of this, the Government policy and is integral to bring contaminated land back developer will be required to to the City’s growth strategy for the into use. provide a report verifying that the creation of housing and jobs. While works have been carried out as the Council supports development 2.26 When development is approved. opportunities that bring areas of proposed on or adjacent to land affected by contamination land that is known or suspected 2.28 Remedial measures will need back into beneficial use, the to be contaminated, or where to be carried out in line with current potential for any risks associated development is proposed legislation, guidelines and best with land contamination should be that would be sensitive to practice, including applying the appropriately considered to make contamination, proposals Environment Agency’s principles development safe. This equally for development should be in managing risks to groundwater applies to any risks associated with accompanied by an appropriate (the precautionary principle, risk hazardous substances. level of supporting information. based approach and groundwater protection hierarchy). Further Why we have taken this 2.27 A preliminary risk assessment guidance can be found at: approach and how the policy will will be required to identify the be applied nature and extent of contamination. www.gov.uk/guidance/land- 2.25 With the re-use of previously Where the assessment identifies affected-by-contamination developed land in urban areas significant harmful risk to human such as Birmingham, the potential health or the environment, the www.gov.uk/government/ for land contamination is Council will require a full ground collections/land-contamination- commonplace. The contamination investigation and a risk assessment technical-guidance of land can have adverse impacts management and remediation on human health, wildlife and strategy. Any remedial measures www.claire.co.uk/information- centre/water-and-land-library-wall
2.29 When a new development is POLICY DM3 Land affected by contamination and proposed that could cause land to hazardous substances become contaminated, for instance by nature of the proposed use or 1. Proposals for new development will need to ensure that risks by reason of specific elements of associated with land contamination and instability are fully the proposed development, the investigated and addressed by appropriate measures to minimise or development should be designed mitigate any harmful effects to human health and the environment. in such a way as to minimise the risk 2. All proposals for new development on land which is known to of contamination occurring. be, or potentially, contaminated or unstable, will be required to 2.30 Hazardous installations submit a preliminary risk assessment, and where appropriate, a comprise a range of chemical risk management and remediation strategy based on detailed site process sites, fuel and chemical investigation. storage sites, and pipelines. It is 3. Proposals for development of new hazardous installations, or important that any risks associated development located within the vicinity of existing installations, with the development of hazardous will only be permitted where it is demonstrated that necessary installations, or development near safeguards, in consultation with the HSE, are incorporated to ensure them, are appropriately considered the development is safe; and that it supports the spatial delivery of through the planning process. growth as set out in the Birmingham Development Plan. 2.31 The Council will consult the Implementation Health and Safety Executive (HSE) on all applications for hazardous Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration substances consent. The Council Funding Framework will need to be completely satisfied that the proposal will not constitute � a hazard to existing communities
development management in birmingham / environment and sustainability or the local environment. In 2.34 Planning (Hazardous considering planning applications Substances) Regulations require 15 the Council must be satisfied that local authorities to ensure that land proposals will not constitute a use policies maintain and secure hazard to existing communities or appropriate distances between the local environment. The Council where hazardous substances are will seek the advice of the HSE, used or stored and residential areas Environment Agency and other and that the hazardous substance stakeholders, as appropriate, when authority (the Council) consults HSE considering potential risks. on applications.
2.32 Certain sites and pipelines are designated as notifiable 3 CONSULTATION QUESTION installations by virtue of 3a: Do you agree with the policy the quantities of hazardous approach? If not please explain why. substance stored or used. Where 3b: Are there any other matters development is proposed within that should be considered? the consultation distance of notifiable installations, the Council is required to consult the HSE on the suitability of that development in relation to the risks that the notifiable installation might pose to the surrounding population. The HSE has defined consultation zones around hazardous installations. Applicants may be required to submit risk assessments to demonstrate that appropriate safeguards will be incorporated into the development. The standing advice published by the HSE should be referred.
Policy links Birmingham Development Plan • PG3 Place making. • TP37 Health.
Existing policy/guidance to be replaced or updated Saved Unitary Development Plan 2005 - Paragraphs 8.37 and 8.38 Notifiable Installations.
Alternatives considered 2.33 No alternative to this policy has been identified. Environmental Health legislation requires local authorities to identify contaminated land and ensure it is managed in an appropriate manner. The NPPF also stresses the need for policies to ensure that new development is compatible with its location. The NPPF makes clear that developers and landowners are responsible for securing safe development where a site is affected by contamination.
Tyseley Incinerator
environment and sustainability / development management in birmingham DM4 Landscaping and trees trees, hedgerows and woodland) is an integral part of the overall 16 forms a critical part of this network design of development. It also Introduction and provide a multitude of sets out criteria for how existing 2.35 Maintaining and expanding benefits, having a positive impact landscaping should be considered the green infrastructure network on human health and improving in development proposals. throughout Birmingham is a key the quality of visual amenity and part of the City’s growth agenda. ecological networks. This policy Why we have taken this Green landscaping (including seeks to ensure that landscaping approach and how the policy will be applied 2.36 The green infrastructure of the City is an important part of POLICY DM4 Landscaping and trees our landscape and townscape - enhancing quality of the Landscaping environment, human well-being 1. All developments must take opportunities to provide high quality and can positively affect the value landscapes that enhance existing landscape character and the green of local property and attract infrastructure network, contributing to the creation of high quality investment. Policy TP7 Green places. Infrastructure of the BDP, and other supporting policies, set out how 2. The composition of the landscape shall be appropriate to the the green infrastructure network setting and the development, as set out in a Landscape Plan*, with will be maintained and enhanced, opportunities taken to maximise the provision of new trees and other with the role of landscape and trees green infrastructure. clearly recognised.
Trees, woodland and hedgerow protection 2.37 New development has a 3. Development proposals must seek to avoid the loss of, and minimise clear role in supporting the City’s the risk of harm to, existing trees, woodland, and/or hedgerows approach to green infrastructure, of visual or nature conservation value, including but not limited to and can contribute to and ancient woodland, and ancient and veteran trees. Where trees and/ enhance the landscape, provide or woodlands are to be lost as a part of development this loss must biodiversity net gain and help be justified as a part of an Arboricultural Impact Assessment (AIA) to reduce the impact of climate submitted with the application. change. Each development site will be able to contribute to the 4. Where a proposed development retains existing trees or hedgerows green infrastructure network in on site, or where development occurs within a tree root protection appropriate ways reflecting the site area, provision must be made for their care and protection during the context and location. demolition and construction phase of development with mitigation measures being put in place to ensure that development works do 2.38 Trees and other vegetation not have a harmful impact on existing trees, hedgerows and wildlife. make an important contribution to delivering sustainable development 5. Development proposals should not result in the loss of trees or and high quality design. Trees woodland which are subject to a Tree Preservation Order, or which and significant hedges should be are designated as Ancient Woodland, Ancient/Veteran trees, or retained as an integral part of the which are considered worthy of protection. design of development except where their long-term survival 6. To ensure that the benefits of proposed development outweigh the would be compromised by their harm resulting from the loss of any trees, woodlands or hedgerows, age or physical condition or there adequate replacement planting will be required to the satisfaction are exceptional and overriding of the Council based on the existing value of the tree(s) removed. benefits in accepting their loss. This should be provided on-site unless the developer can justify why Sufficient consideration must be this is not achievable. Where on-site replacement is not achievable, given to retained trees and the contributions to off-site tree planting will be sought through a proposed new use of the land Section 106 Agreement. around them, especially in respect * see the adopted Local Validation Criteria of shade to buildings, perceived Implementation threat and building distances.
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration Funding Framework � � �
development management in birmingham / environment and sustainability 2.39 Certain trees and hedgerows Policy links in the City are protected, including Birmingham Development Plan 17 trees in Conservation Areas, those • PG3 Place making. with Tree Preservation Orders, • TP7 Green infrastructure ancient trees, aged and veteran network. trees and trees classified as being of categories A or B in value. The Existing policy/guidance to be Council will only consider the replaced loss of a tree covered by a Tree Saved Unitary Development Plan Preservation Order as justifiable 2005 - Paragraphs 3.14D Good where the tree is considered to be Urban Design Principles. imminently dangerous, or its loss is significantly outweighed by the Alternatives considered benefits of a proposed scheme and 2.44 No alternative to this policy there are no viable development has been identified. The NPPF alternatives. and BDP provide strong support for protecting and enhancing 2.40 All development proposals valued landscapes. Local planning that impact on trees are required authorities are advised to set to follow the process outlined criteria based policies against which in the latest British Standard (BS proposals for any development on 5837 2012 or subsequent updated or affecting protected wildlife or version) and provide an up-to-date landscape areas will be judged. AIA. This should be undertaken by suitably qualified and experienced professionals, including arboricultural consultants and tree 4 CONSULTATION QUESTION surgeons. 4a: Do you agree with the policy approach? If not please explain why. 2.41 Where development would 4b: Are there any other matters result in the loss of a tree(s), that should be considered? adequate replacement planting will be based on the existing value of the tree(s) removed, calculated using the Capital Asset Value for Amenity Trees (CAVAT) methodology (or other future equivalent). Reasonable deductions will be permitted based on the value of any replacement planting works and the individual circumstances of the proposal.
2.42 New trees including trees on the highways should be provided with sufficient above and below ground planting space requirements (soil volumes, water supply and drainage) to allow for healthy growth to maturity without creating conflicts with buildings, pavements and utility infrastructure.
2.43 Detailed guidance on landscaping and green infrastructure will be updated and included in the Birmingham Design Guide.
Sutton Park
environment and sustainability /development management in birmingham DM5 Light pollution existing buildings and developing 2.48 Lighting associated with new 18 way-finding opportunities through developments should be designed Introduction the City. It can also improve in accordance with established 2.45 Creative and appropriate safety by lighting dark places and industry standard guidance which lighting can provide a valuable enhance the visual appearance of is currently set out the Institute of contribution to making Birmingham buildings and townscapes. Through Lighting Professionals. In particular, successful, safe and connected. careful planning and design, the use of low energy light sources Given the built up nature of the adverse impacts of light pollution, will be encouraged. BDP policy area, the City needs to ensure that intrusion and spill can be avoided. TP11 provides details on sports lighting makes a positive impact on facilities lighting. the built and natural environment. 2.47 The effect lighting has on This policy seeks to ensure that existing homes and planned 2.49 Where appropriate, the impact of light pollution from new residential development is an Council will require applicants development will be minimised and important consideration. Any to submit a Lighting Assessment mitigated. proposals involving exterior security Report (as set out in the Local lighting, illuminated advertising or Information Requirements) to flood lighting should be designed detail the measures which will be Why we have taken this to enhance the built environment, implemented to control the level of approach and how the policy will and installed to enable amenity to illumination, glare, and spillage of be applied be protected. It may be necessary light. Conditions may be imposed 2.46 Well-designed lighting can to apply planning conditions to to restrict lighting levels and hours make a positive contribution to ensure standards are maintained, of use or require measures to be the urban environment, providing for example to control factors such taken to minimise adverse effects. safe environments for a range of as hours of operation, light spill, or activities, creating landmarks out of brightness. 2.50 Detailed guidance on the design of lighting proposals will be updated and included in the Birmingham Design Guide.
POLICY DM5 Light pollution Policy links Birmingham Development Plan 1. Development incorporating external lighting must mitigate any • TP11 Sports facilities. potential adverse impacts from such lighting. Development which • TP37 Health. would result in light pollution that would have a harmful impact on local amenity, nature conservation, heritage assets or highway safety Existing policy/guidance to be will not be permitted. replaced or updated Saved Unitary Development Plan 2. Proposals for external lighting will need to demonstrate that the 2005 - DC20 Floodlighting of Sports lighting is: Facilities, Car Parks and Secure Areas (Light Pollution). Lighting a. Appropriate for its purpose in its setting. Places SPD will be superseded by the Birmingham Design Guide. b. Designed to minimise any harmful impact on privacy or amenity, particularly to sensitive receptors such as residential properties Alternatives considered and ecological networks. 2.51 No alternative to this policy has been identified. The NPPF is c. Designed to preserve or enhance the character or appearance of clear that planning policy should any heritage assets which are affected. limit the impact of light pollution from artificial light on local amenity, d. Designed to a high standard and well integrated into the intrinsically dark landscapes and proposal. nature conservation. The draft policy provides a detailed approach e. Energy efficient. for achieving this.
Implementation 5 CONSULTATION QUESTION Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration 5a: Do you agree with the policy Funding Framework approach? If not please explain why. 5b: Are there any other matters � � that should be considered?
development management in birmingham / environment and sustainability 19
Longbridge District Centre
environment and sustainability / development management in birmingham DM6 Noise and vibration Why we have taken this noise (such as major new roads, 20 approach and how the policy will rail or industrial development), Introduction be applied and should only be located close 2.52 Noise is an inherent part of 2.53 The growth of Birmingham to existing sources of significant everyday life and contributes to over the centuries has led to a noise if they can be satisfactorily the character of different places. dynamic and attractive environment mitigated. A noise assessment Ensuring that noise and vibration with its busy commercial areas in will be required to be submitted are considered in development close proximity to residential areas. in line with the Local Validation proposals and managed Noise needs to be considered Requirements. The determination appropriately brings benefit to the where new developments may of noise impact will be based on quality of the living and working create additional noise, or when the Noise Policy Statement for environments. This policy seeks they would be sensitive to existing England and the Planning Practice to mitigate the impact of new or planned sources of noise. Guidance on Noise. Detailed noise and vibration generating guidance on assessment and the development and to ensure that 2.54 Noise sensitive developments determination of impacts can be noise sensitive uses are located and should, as far as is practicable, found in a Planning Guidance designed in a way to protect them be located away from existing Note maintained by Environmental from major sources of noise. or planned sources of significant Health.
2.55 Vibration can have a significant impact on amenity of noise sensitive uses. Sources of vibration include transportation (especially railways) and industrial processes. Environmental Health can advise where a vibration POLICY DM6 Noise and vibration assessment will be required
1. Development should be designed, managed and operated to 2.56 Good design of reduce exposure to noise and noise generation. developments, along with other actions, can help to mitigate any 2. Noise-generating development that would have an impact on noise or vibration impacts. These amenity or biodiversity will not be supported unless an appropriate include: scheme of mitigation is provided. • Reduction and/or containment 3. Noise-sensitive development (such as residential uses, hospitals of the source of impact, and/ and schools) will need to be appropriately mitigated or adequately or protection of surrounding separated from major sources of existing or planned sources of noise sensitive buildings. and vibration, including transport infrastructure and commercial • Layout to provide adequate activity. distance between the source and sensitive buildings or areas, and/ 4. The following will be taken into account when assessing or screening/buffers. development proposals: • Limiting operating times or activities of sources allowed a. The location, design, layout and materials. on the site, and/or specifying acceptable limits. b. Positioning of building services and circulation spaces. Policy links c. Measures to reduce or contain generated noise (e.g. sound insulation). Birmingham Development Plan • TP37 Health. d. Existing levels of background noise. Existing policy/guidance to be e. Hours of operation and servicing. replaced/updated There is no specific existing Implementation policy on noise and vibration but reference is made to noise and Local/ Partnerships CPO CIL/ Planning Other Local Plan/ vibration within the Saved 2005 National Section 106 Management SPD/Regeneration UDP policies. Funding Framework � �
development management in birmingham / environment and sustainability Alternatives considered 2.57 No alternative has been 21 identified to this policy. National policy requires development to contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability. In addition the BDP seeks to create well designed, healthy and safe environments. It is therefore considered necessary to include this policy.
6 CONSULTATION QUESTION 6a: Do you agree with the policy approach? If not please explain why. 6b: Are there any other matters that should be considered?
Spaghetti Junction
environment and sustainability / development management in birmingham Economy and network of centres
3.1 Ensuring that Birmingham has a successful and prosperous economy 3requires the provision of a wide range of employment opportunities and services to meet the needs of the City’s growing population. The BDP provides the strategic approach to ensuring provision for a wide range of businesses and jobs in the City. This section sets out detailed policies for specific types of development to support economic success.
DM7 Advertisements appropriate siting and design. Why we have taken this The aim of this policy is to ensure approach and how the policy will Introduction that advertisements are well be applied 3.2 Commercial advertising is a designed and relate well in scale 3.3 The Council aims to ensure component of modern day life and character to a building or that advertisements, including but must integrate effectively into surrounding area. hoardings, are designed to a high the city’s environment through standard and contribute to a safe and attractive environment. Poorly placed or designed advertisements POLICY DM7 Advertisements can have a negative impact on the appearance of both the built and natural environment, and 1. Proposals for advertisements should be designed to a high standard impact on amenity, public safety and meet the following criteria: and movement. At the same a. Suitably located, sited and designed having no detrimental impact time, sensitive areas need to on public and highway safety or to the amenity of the area. be protected from any adverse b. Sympathetic to the character and appearance of their location, impacts from advertisements. adjacent buildings and the building on which they are displayed having regard to their size, materials, construction, location and 3.4 The display of advertisements level of illumination. is subject to a separate planning c. Avoid proliferation or clutter of signage on the building and in the consent process as set out in public realm. The Town and Country Planning d. Not obscure architectural features of a building or extend beyond (Control of Advertisements) the edges or the roofline of buildings and respect the building’s (England) Regulations 2007 (as proportions and symmetry. amended). Through the planning e. Not create a dominant skyline feature when viewed against the system, advertisements are subject immediate surroundings. to the consideration of impacts
in the interests of amenity, public 2. Illuminated advertisement and signs should not adversely affect the safety, and cumulative impact. safety and amenity of the surrounding area. Amenity includes the visual amenity
of a locality, and public safety 3. Areas sensitive to impacts on visual amenity, including open space, includes the safety of users of public squares, key public routes, ecological networks, conservation nearby highway infrastructure. areas or in proximity to listed buildings and other heritage assets will require particularly sensitive treatment and will need to be more 3.5 Policy DM6 applies to all carefully sited and designed so they do not have an adverse impact types of advertisements, including on these. hoardings, freestanding signs, those attached to buildings, 4. The siting of advertisements hoardings will not normally be telecommunication assets, totems acceptable where visible from the M6 motorway or A38 Aston and other signs. It also applies to Expressway where they are purposefully designed to be read from internally and externally illuminated the roadway and the attention of drivers is likely to be distracted. signs, and digital signs. Implementation
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration Funding Framework � �
development management in birmingham / economy and network of centres 23
3.6 Detailed guidance on the design of advertisements, signs and shop fronts will be updated and included in the emerging Birmingham Design Guide.
Policy links Birmingham Development Plan • PG3 Place making.
Existing policy/guidance to be replaced or updated Saved Unitary Development Plan 2005 - DC6) Electronic Advertisement Signs SPG, DC19) Location of Advertisement Hoardings SPG, Shop Front Design Guide SPG, Large Format Banner Advertisements SPD.
Alternatives considered 3.7 Option: To have no policy on advertisements.
Reasons for rejection: This would not be favoured since there would be no safeguard against inappropriate advertisements and signs.
7 CONSULTATION QUESTION 7a: Do you agree with the policy approach? If not please explain why. 7b: Are there any other matters that should be considered?
Digital advertising
economy and network of centres / development management in birmingham DM8 Places of worship and Why we have taken this 3.10 This draft policy is consistent 24 faith related community uses approach and how the policy will with the NPPF which requires be applied planning authorities to plan 3.9 Places of worship are places positively for the provision and use Introduction where groups of people gather to of community facilities including 3.8 Birmingham’s population is perform acts of religious praise, places of worship. The Council increasingly diverse, with a broad honour, or devotion. In addition recognises the important and range of faiths and a growing to this main function, they can valuable contribution of places demand for faith premises. Places also include facilities that provide of worship to communities across of worship are an important part religious or faith-related training, the city in terms of encouraging of the infrastructure, culture accommodation, and social community cohesion and providing and identity of the City. The aim welfare, as well as community activities such as employment of this policy is to support the and educational facilities. This training, education, and provision of such facilities and to policy also relates to faith related counselling. The Council wishes ensure that they are appropriately community and educational uses to ensure that the needs of faith located, designed, constructed which do not physically form part of communities in Birmingham are and managed to benefit users and a place of worship. appropriately met in the context of protect local neighbourhoods. a growing and increasingly diverse population.
3.11 The Council believes that the most appropriate location for POLICY DM8 Places of worship and faith related places of worship and faith related community uses community uses is in the network of centres as is defined in Policy TP21 of the BDP. These are the most 1. The Council’s preferred locations for the development of places sustainable in terms of transport of worship and faith related community uses are in the network of accessibility and parking. Other centres as defined in Policy TP21 of the Birmingham Development locations outside of the network of Plan. Locations outside of the network of centres will only be town centres may be considered considered acceptable where it is demonstrated that a suitable site* if the criteria outlined in the policy cannot be found within an identified centre. can be satisfactorily met. Proposals for places of worship and faith 2. Premises to serve a regional or city-wide need** are likely to be related community uses must also used for larger gatherings attracting substantial numbers of people not conflict with other relevant local and should be located in a sub-regional or district centre. Where plan policies and guidance. it is demonstrated that a suitable site* cannot be found within an identified sub-regional or district centre, a site which is on a key 3.12 A development which is transport corridor may be considered acceptable. to serve a regional or city-wide need is defined as a premises 3. Premises to serve a district or local need are likely to be used for for gatherings of more than 300 smaller gatherings and should be located in a district or local centre people at any one time. or a parade. Where it is demonstrated that a suitable site* cannot be A development which is to serve a found within an identified centre or a parade, a site with good public district-wide need is defined as a transport accessibility orwithin a 15 minute walk from the population premises for gatherings of between the local place of worship or faith related community use serves, may 60 and 300 people at any one time. be considered acceptable. A development which is to serve a local need is defined as a premises 4. Proposals will need to demonstrate that the site is suitable for the for gatherings of up to 60 people number of proposed users and the scale of development, identifying at any one time. These thresholds whether it serves local, district, city-wide or regional need. reflect the Fire Safety Guide for * Means suitable, available and viable for the development proposed. England and Wales - Guide 6 Small ** See definition of regional/city-wide, district and local premises in Paragraph 3.12 and Medium Places of Assembly and Guide 7 Large Places of Implementation Assembly.
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration Funding Framework �
development management in birmingham / economy and network of centres 3.13 Where noise from the Existing policy/guidance to be 3.19 Option 2: To have no policy proposed activities is likely to affect replaced on places of worship and faith 25 neighbouring properties, Saved Unitary Development related community uses. consideration will be given to Plan 2005 - Paragraphs 8.31 attaching conditions to any -8.35 and Places for Worship and Reasons for rejection: Birmingham planning permission granted, which Faith related Community and has a diverse mix of faiths and would reduce or eliminate such Educational Facilities SPD (2011). cultures. A policy is required to problems. ensure that development for Alternatives considered places of worship and faith related 3.14 Proposals in residential areas 3.18 Option 1: Retain the wording community uses takes place in will only be considered suitable of existing policy in paragraphs the appropriate locations and where it is demonstrated that a 8.31 -8.35 of the Saved Unitary their impacts on the local area are suitable site cannot be found in an Development Plan 2005 and Places managed. identified centre and where there is for Worship and Faith related no detrimental impact on amenity Community and Educational in terms of noise and disturbance, Facilities SPD (2011). hours of operation, road safety, traffic generation and any other Reasons for rejection: This policy environmental impacts. needs to be updated to reflect Policy TP21 of the BDP which 3.15 Additional ancillary activities states that the preferred location 8 CONSULTATION QUESTION such as weddings, funerals, and for community facilities (e.g. health other special occasions are likely centres, education and social 8a: Do you agree with the policy to lead to higher volumes of services and religious buildings) approach? If not please explain why. people and increased noise levels, is within the network of defined 8b: Are there any other matters traffic movements and parking centres. that should be considered? demand. These can have an adverse impact on local amenity and public safety and will need to be carefully considered having regard to their frequency and the number of additional people that would be attracted to the premises. Applications will be expected to be supported by a management plan to address such issues.
3.16 Good design of developments can help to mitigate noise and promote sustainable development. Good design can also ensure that places of worship respect the local context and character of an area and contribute to a high quality environment.
3.17 The information to be submitted in support of a planning application for a place of worship or faith related community use is set out in Appendix 2.
Policy links Birmingham Development Plan • PG3 Place making. • TP21 The network and hierarchy of centres.
Place of worship
economy and network of centres / development management in birmingham DM9 Day nurseries and 3.22 Early years facilities bring buildings and whether planning 26 childcare provision benefits to the community by conditions can be used to control reducing barriers to work for factors such as the hours of use or parents and carers and can provide limit the number of children playing Introduction an environment conducive to outside at any one time. 3.20 The Council recognises the the development of the children value and importance of provision who attend. Investment in the 3.24 The Council will expect all of suitable day care facilities for expansion and improvement of planning applications for day preschool children. Demand for a educational facilities is supported, nurseries and child care facilities in range of such facilities, operated in accordance with the BDP (Policy residential buildings and other non- either from dwellings or other TP36 Education). However, such residential buildings to outline: the premises, is likely to increase over facilities must be provided in numbers of staff and other visitors the plan period. To ensure that appropriate locations and suitable expected to attend the facility; the basic standards are maintained, the premises, to ensure high standards days of the week and the hours Council will seek to ensure that all of provision and prevent harm to when the facility will operate; the facilities are appropriately located, the amenity of neighbours. The nature of the activity; car parking in particular to protect the amenity network of centres as defined and transport patterns, including of the neighbouring properties and Policy TP21 of the Birmingham servicing of the use; disabled the wider area. Development Plan is considered access; and steps taken to minimise Why we have taken this the most appropriate location. the noise impact of such uses. approach and how the policy will be applied 3.23 There is normally a need for Policy links 3.21 Increasing living costs, parents to drop off their children Birmingham Development Plan coupled with a need for both in the morning and pick them up • PG3 Place making. parents to work have resulted in in the afternoon or evening. It is • TP27 Sustainable increasing demand for pre-school therefore important that sufficient neighbourhoods. nurseries. Although some schools safe parking is provided in a • TP36 Education. have sought to provide nursery location that will not endanger Existing policy/guidance to be places, private companies provide other road users or pedestrians. replaced/updated the majority of pre-school nursery Where nurseries are proposed in Saved 2005 UDP paragraphs 8.14 - places. This is often provided residential areas it is important to 8.16 Day nurseries. through the conversion of existing ensure that they would not give rise buildings and sometimes through to unacceptable adverse impacts on local amenity. In these cases it Alternatives considered the development of purpose built 3.25 Option 1: Retain existing UDP facilities. may be necessary to ensure that there is sufficient distance between policy.
POLICY DM9 Day nurseries and childcare provision
1. The Council’s preferred locations for the development of day nurseries and facilities for the care, recreation and education of children are in the network of centres as defined in Policy TP21 of the Birmingham Development Plan. Locations outside of the network of centres will only be considered acceptable where it is demonstrated that a suitable site* cannot be found within an identified centre.
2. The development of day nurseries and facilities for the care, recreation and education of children will need to provide for sufficient outdoor play space to meet the needs of the children.
* Means suitable, available and viable for the development proposed. Implementation
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration Funding Framework �
development management in birmingham / economy and network of centres Reasons for rejection: The policy requires updating as it refers to out 27 of date policies. The existing policy does not reflect the Policy TP21 in the BDP which states that the preferred location for community facilities (e.g. health centres, education and social services and religious buildings) is within the network of defined centres.
3.26 Option 2: No policy on day nurseries and child care provision.
Reasons for rejection: Without a policy on the development of day nurseries and childcare provision, development may result in adverse impacts on the vitality of local centres, residential amenity and character of an area.
9 CONSULTATION QUESTION 9a: Do you agree with the policy approach? If not please explain why. 9b: Are there any other matters that should be considered?
Childcare provision
economy and network of centres / development management in birmingham Homes and neighbourhoods
4.1 The provision of the right amount and right type of housing in the 4right location is essential to supporting the City’s growing population and creation of sustainable neighbourhoods. The BDP sets out the overall approach to developing new homes and promoting sustainable communities in the City. The policies in the section offers an approach to addressing the impacts and issues of certain forms of housing and supporting use to ensure the delivery of high quality housing and other uses which provides a good quality of life for their occupants and surrounding occupants.
DM10 Houses in multiple 4.4 House in Multiple Occupation, share facilities such as a bathroom occupation (HMO) and other commonly known as a HMO, is and kitchen. Examples include defined as a property rented to at bedsits, shared houses, lodgings, non-family housing least three people who are not from accommodation for workers/ one ‘household’ (e.g. a family) but employees and refuges. Planning Introduction 4.2 With the City’s growing population, there is a need to POLICY DM10 Houses in multiple occupation (HMO) ensure that new development and other non-family housing supports successful communities in 1. Applications for Houses in Multiple Occupation (HMO), including the City by ensuring the right mix of small HMOs (C4 Use Class) within Article 4 Direction areas will only housing types in an area, securing be permitted where the development: appropriate design and supporting • Would not result in this type of accommodation forming over well managed properties. 10% of the number of residential properties1 within a 100 metre Residential conversions provide an radius of the application site2. important contribution to people’s • Would not result in a family dwellinghouse (C3 Use) being housing choice. The policy aims to sandwiched between two non-family residential uses3; and ensure that such development also • Would not lead to a continuous frontage of three or more non- preserves the residential amenity family residential uses3. and character of an area and that • Complies with relevant standards for HMOs and Policy DM11 harmful concentrations do not standards for residential development. arise. 2. When the threshold has already been breached, planning 4 Why we have taken this permission will only be granted in exceptional circumstances . approach and how the policy will 3. Proposals for HMOs, the extension of existing HMOs, the change be applied of use from C4 HMO to SuiGeneris HMO, the subdivision or 4.3 The BDP recognises that conversion of properties into self-contained dwellings and different types of residential residential hostels and secured accommodation should create good accommodation are important to living environments, support mixed and balanced communities meeting the wide ranging housing and relate well to the uses within the area they are located without needs of people in the City. All giving rise to adverse cumulative impacts on amenity, character, developments should achieve a appearance, highway safety and parking. high quality design contributing 1. Paragraph 4.17 sets out the residential properties identified for the to a strong sense of place (BDP purposes of calculating the percentage concentration of HMOs and Policy PG3), and new homes should the data sources for the purposes of identifying HMOs. 2. Measured from the centre point of the property. contribute towards achieving mixed 3. A licenced HMO, Sui Generis HMO, C4 HMO within and balanced communities (BDP an Article 4 Direction Area, student accommodation, residential policy TP30). In areas of the City accommodation within C1 and C2 Use and self-contained flats. where there are shortages of larger 4. Exceptional circumstances are set out in paragraph 4.18. family houses, their conversion to Implementation other uses will only be supported where there are good planning Local/ Partnerships CPO CIL/ Planning Other Local Plan/ reasons or social need for the National Section 106 Management SPD/Regeneration Funding Framework proposed use (BDP Policy TP35). �
development management in birmingham / homes and neighbourhoods 29
use classes distinguish between 4.7 The cumulative effect of 4.8 In 2010 a new C4 use class for ‘small’ HMOs of up to six people incremental intensification in an Houses in Multiple Occupation (C4 use class), and ‘large’ HMOs of area caused by numerous changes was created and a Permitted seven of more occupants which are of use from small HMO to large Development Right introduced Sui Generis. HMOs or the extension of existing for conversion of a dwelling house HMOs can be also significant. For to C4 Use (small HMO of 3-6 non 4.5 The conversion and reuse of these reasons applications for such related persons sharing). Planning existing buildings for housing can changes will be assessed using consent is therefore not required help to meet the changing housing criteria three of the policy. for conversion of a dwellinghouse needs of the city. There has been to a C4 Use (small HMO). significant trend for this form of housing in the private rented market in Birmingham in recent years. This trend has emerged in part due to the accommodation needs of the city’s substantial student population, but also to cater for transient populations and to address a general need for low cost accommodation for young professionals unable to afford home ownership.
4.6 There are concerns for areas with high concentration of HMOs as set out in the city’s Community Cohesion Strategy. It is important that such proposals take account of effects on the surrounding area. Over-concentrations of certain types of accommodation can have a number of negative impacts on the local communities, including effects to the residential character, appearance, and amenity of an area as a result of excessive noise and disturbance to residents and levels of parking. The National HMO lobby and National Organisation of Residents Associations consider a 10% concentration of HMOs, equating to a 20-30% population as the tipping point to an unbalanced community. Housing
homes and neighbourhoods / development management in birmingham 4.9 The Council had concerns hostels and self-contained flats property). Appendix 4 includes a 30 about the over-concentration can have similar impacts to HMOs list of properties from Schedule of HMOs in certain parts of the on housing density, residential 14 of the Housing Act which will city and felt that these areas had character, amenity, highway safety not be identified as residential the exceptional circumstances and parking. The presence of such properties, for example student necessary to warrant an Article uses will therefore be taken into halls of residences care homes and 4 Direction. Article 4 Directions account in assessing proposals children’s homes. All subdivided allow the City Council to require against the policy criteria. The properties including flatted blocks planning permission for small Council will encourage conversion within the same curtilage are HMOs. There is currently an of HMOs and other suitable non counted as one property. Article 4 Direction for HMOs in family residential accommodation parts of Selly Oak, Harborne and back to family housing. Stage 2 Edgbaston wards where there is a Count HMOs high transient student population. 4.14 In order to fulfill the It is accepted that although the Article 4 Directions do not mean requiements of the policy HMO sources listed in para 4.17 that planning consent would adequate living conditions must be provide the most robust approach not be granted; it means that an provided for occupants of HMOs to identifying the numbers and application has to be submitted so in accordance with the Council’s locations of HMOs in an area, it will that the Council can examine the licensing standards for HMOs not identify all HMOs. proposal in detail. which seek to secure minimum standards of accommodation Stage 3 4.10 A planning policy for the such as minimum room sizes, Calculate concentration Article 4 Direction Area of Selly fire safety standards and access The concentration of HMOs Oak, Harborne and Edgabston to basic facilities such as a surrounding the application site is was adopted in November 2014. kitchen, bathroom and toilet. calculated as a percentage of the In summary, the policy states that The City Council, local residents, total estimated number of existing conversions of C3 family housing universities, private landlords HMO units against the total to HMOs will not be permitted if and other partners will continue number of residential properties. it would result in 10% or more of to work together to support the The final figure calculated is houses within a 100 metre radius best management, maintenance rounded up above 0.5 and down of the application not being in use and provision of residential below 0.5. as a single family dwelling. The accommodation, and to ensure 100 metre radius applied from the that a good standard of amenity is 4.17 For the purposes of the centre point of the development maintained. threshold, HMOs are identified site. This policy will be replaced by from the following sources: Policy DM10 of this document. 4.15 In the right location, good • Properties licensed as a HMO. design of development and its • Properties with C4 or Sui 4.11 The policy for the Selly Oak future operation can help to limit Generis HMO planning consent Article 4 has been effective in any negative impacts. This includes or issued with a Certificate of preventing new HMO development ensuring the proposal can be Lawful Development. from exacerbating existing delivered in line with best practice • Council tax records - students concentrations within a 100 metre and Government guidance, and in full time education can apply radius of application sites, whilst setting residential institution for exemption from council allowing further conversions in developments within their own tax (for the purposes of the areas of lower proliferation. grounds. City Centre, defined by the A4040 Ring Road, Council tax 4.12 However, additional HMOs Approach to determining a records will not be used for the can also impact on residential planning application identification of a HMO due amenity where they lead to 4.16 The Council will calculate the to the nature of the residential concentrations in the immediate number of HMOs in the relevant accommodation in the City vicinity of an application site area for each individual planning Centre). (‘sandwiching’ and continuous application based on the following frontage). Policy DM10 therefore method. Exceptional circumstances includes additional criteria to 4.18 The concentration of HMOs address these issues both within Stage 1 in an area may be at such a point Article 4 Direction Areas and across Identifying residential properties where the introduction of any the city. The residential properties identified new HMO would not change are those located within 100m of the character of the area. This 4.13 Other non-family housing the application site (measured is because the vast majority of such as residential homes and from the centre point of the properties are already in HMO use.
development management in birmingham / homes and neighbourhoods The retention of the property as 4.21 Option 3: To have a less a family dwelling would therefore prescriptive policy. 31 have little effect on the balance and mix of households in a community. Reasons for rejection: Defining Proposals should relate well to cumulative impact by using the uses within the area they are a threshold against which located. In accordance with the applications will be assessed will policy, the impact arising from aid in transparency and consistency proposals on highway safety and in decision-making. amenity will be taken into account.
Policy links 10 CONSULTATION QUESTION Birmingham Development Plan 10a: Do you agree with the policy • PG3 Place making. approach? If not please explain why. • TP27 Sustainable neighbourhoods. 10b: Are there any other matters • TP28 The location of new that should be considered? housing. • TP30 The type, size and density of new housing. • TP31 Affordable housing. • TP32 Housing regeneration. • TP35 The existing housing stock.
Existing policy/guidance to be replaced/updated Saved 2005 UDP paragraphs 8.23 - 8.25 Houses in Multiple Paying Occupation and paragraphs 8.28 - 8.30 Hostels and Residential Homes.
Alternatives considered 4.19 Option 1: Retain existing UDP policy.
Reasons for rejection: This policy requires updating as it refers to out of date UDP policies, but the main thrust of the policy remains unchanged in DM10.
4.20 Option 2: To have no policy on HMOs.
Reasons for rejection: Without a HMO policy, development could result in concentrations of HMOs which can lead to a number of negative impacts on local communities, for example more frequent noise nuisance, depopulation of neighbourhoods during academic vacations, and increased pressure on parking due to higher population densities.
New housing
homes and neighbourhoods / development management in birmingham DM11 Standards for contributes to people’s physical able to accommodate a basic set of 32 residential development and mental health & well-being. furniture, fittings, storage, activity Homes must meet occupiers’ needs and circulation space appropriate Introduction in terms of the size and layout of to the design and occupancy level 4.22 Birmingham residents should internal and external spaces. They of the dwelling. When Government be able to enjoy good levels of should also ensure that residents’ amends these standards, the City amenity and have accommodation use and enjoyment of these spaces Council will prepare technical notes that meets every day needs for will not be adversely affected by to demonstrate how the update is indoor and outdoor space, privacy, lack of daylight and sunlight, poor applied within Birmingham. daylight and outlook. This policy outlook, excessive noise, undue sets how to achieve high quality overlooking from nearby places or 4.25 Where space standards residential environments and poor air quality. are to be met, applicants must internal and outdoor space to submit appropriate supporting protect the health and well-being 4.24 The Government’s Technical documentation alongside the of residents of existing and new Housing Standards - Nationally planning application to ensure that dwellings. Described Space Standards compliance with the standards can (March 2015 as updated) applies be verified, including completion Why we have taken this to new residential development in of an internal space compliance approach and how the policy will Birmingham. This will ensure that statement. be applied all homes are highly functional, 4.23 In delivering Policy PG3 Place meeting occupiers’ typical day 4.26 All new development, Making of the BDP, amenity is to day needs at a given level of including extensions of properties an important consideration as it occupation. It is based on being within residential areas, has the potential to affect adjoining dwellings. Daylight and outlook are important to create pleasant spaces POLICY DM11 Standards for residential development and support everyday activities. The size and layout of windows in new residential development 1. All residential development (including extensions) is required to should be maximised and the meet the minimum Nationally Described Space Standards (Appendix layout and design of development 1). Exceptions will only be considered in order to deliver innovative must consider levels of sunlight high quality design, deal with exceptional site issues or specialised reaching residential properties and user requirements, where it can be demonstrated that residents’ take opportunities to benefit from quality of life will not be compromised. passive solar gain whilst preventing overheating of indoor spaces. 2. All residential development, should as a minimum, be accessible and adaptable in accordance with Building Regulation Part M4 (2). 4.27 The ‘45 Degree Code’ is a well-established approach in 3. Separation distances between buildings and surrounding uses Birmingham to protect daylight should protect residents’ privacy and outlook, ensure appropriate levels and outlook for occupiers, levels of daylight to internal and external living spaces and prevent particularly for existing houses. undue enclosure, overshadowing, noise and disturbance. In applying the code the main considerations include: 4. All new residential development must provide useable outdoor amenity space appropriate to the scale, function and character of the • If the extension/building is development. single storey, the line is drawn from the midpoint of the 5. Development will need to ensure adequate outlook and daylight to nearest habitable room ground dwellings, in line with the approach of the ‘45 degree Code’. This floor window of the adjoining includes potential impacts on existing houses, where development premises. should not cross the line from an angle of 45 degrees from the • If the extension/building is two nearest window providing the main source of natural light to a storey or taller, the measurement ‘habitable room’ of dwellings that could be affected. is taken from the quarter point of the nearest habitable room Implementation ground floor window.
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ • If the neighbouring property National Section 106 Management SPD/Regeneration has already been extended, the Funding Framework measurement is normally taken from the nearest habitable room � � window of that extension.
development management in birmingham / homes and neighbourhoods • If the neighbouring property Extensions.Places for Living SPD, residential extensions is taken has an extension which is made Places for All SPD, Residential forward into the new policy. 33 mainly of glass, the policy is Extensions SPD. These guidance applied to the original window documents will be updated through 4.32 Option 2: To have no opening in the wall where the the Birmingham Design Guide. minimum space standards or policy extension has been added. on separation distances, outdoor Alternatives considered amenity space and accessible and Detailed guidance on household 4.31 Option 1: Retain the wording adaptable housing. extensions will be in the of existing policy in paragraph Birmingham Design Guide. 8.39-8.44 of the Saved Unitary Reasons for rejection: Having Development Plan regarding no such policy would risk 4.28 Amenity will also be house extensions. There is developments not achieving considered in terms of adequate no existing policy on housing a reasonable level of amenity separation from surrounding uses technical standards for internal therefore impacting on quality of (existing and proposed) to ensure space, outdoor amenity space or life. Minimum space standards that satisfactory living standards accessible and adaptable housing. will help to ensure that there can be achieved through suitable is sufficient space, privacy and and careful design. Reasons for rejection: The policy storage facilities to ensure the long requires updating in regard to the term sustainability and usability 4.29 The amount and type of Birmingham Development Plan of homes. DM11is consistent with outdoor space should relate to and to achieve good standards of the NPPF requires local planning the potential occupancy of the amenity for the occupiers of new authorities to seek to secure dwelling and should be useable, residential buildings and protect high quality design and a good with consideration from a number the amenity of nearby occupiers standard of amenity for all existing of factors, including shape, and residents. The general thrust and future occupants of land and orientation, landform and shading. of the existing policy regarding buildings. Outdoor amenity spaces should receive sunlight for at least part of the day, with garden sizes increased 11 CONSULTATION QUESTION where necessary to take account of 11a: Do you agree with the policy overshadowing. approach? If not please explain why.
4.30 Further guidance on the 11b: Are there any other matters that should be considered? design of residential development is contained in existing guidance which is being updated and consolidated in the emerging Birmingham Design Guide SPD.
Policy links Birmingham Development Plan • PG3 Place making. • TP27 Sustainable neighbourhoods. • TP29 The housing trajectory. • TP30 The type, size and density of new housing. • TP31 Affordable housing. • TP32 Housing regeneration. • TP33 Student accommodation. • TP34 Provision for gypsies, travellers and travelling showpeople. • TP35 The existing housing stock.
Existing policy/guidance to be replaced/updated Saved Unitary Development Plan 2005 - Paragraphs 8.39 - 8.44 45 Degree Code for House New housing
homes and neighbourhoods / development management in birmingham DM12 Self and custom people wishing to build their operating its self-build register 34 build housing own homes. since November 2014. The number of entries on the register at present Introduction • The Self-Build and Custom is relatively low but increasing. The 4.33 Self and custom build housing Housebuilding Act 2015 places a number of new homes granted can be an additional source of duty on local authorities to keep exemptions from the Community supply to conventional housing and a register of those seeking to Infrastructure Levy due to their self/ further housing choice. The Council acquire a plot for self-building custom build status also indicates will seek to support individuals or and to have regard to the that there is considerable self-build groups of individuals that wish to register in carrying out their activity in the district. build their own homes as a more planning, housing, land disposal affordable means by which to and regeneration functions. 4.36 The Council will encourage access home ownership. and facilitate self-build and custom • The Housing and Planning build housing, including promotion Why we have taken this Act introduced a duty on local of the self-build register, further approach and how the policy will authorities to “give suitable engagement with local self-build be applied development permission in groups and consideration of 4.34 Self-build and custom respect of enough serviced Council owned land opportunities. build housing can be defined as plots of land to meet the The Council welcomes homes built or commissioned by demand for self-build and engagement with local residents individuals or groups of individuals custom housebuilding in the or community groups wishing to for their own use. There is a strong authority’s area arising in each build their own home, and pre- push at a national level to increase base period”. The Act defines application planning discussion is self-build activity and a number of ‘demand’ as evidenced by the recommended. requirements have been placed on number of entries added to local councils: the register during the relevant 4.37 The Council’s Housing period. Development Team is also working • The National Planning Policy to make permissioned plots Framework requires local 4.35 Councils clearly need to adopt available to support this type of planning authorities to clearly a proactive and positive approach house building. This development understand need, and plan for to encouraging and supporting management policy will therefore a mix of housing, including for self-build. The Council has been form just one part of a wider package of measures intended to promote and facilitate self- build and custom build housing development in the district. POLICY DM12 Self and custom build housing 4.38 While the Council is generally 1. The Council will actively support the development of self and supportive of proposals for self or custom-build homes in suitable locations where they support the custom build units, it is important delivery of the Birmingham Development Plan and do not conflict that applications for self or custom with other policies in the Local Plan. build do not compromise the strategy of the BDP. Therefore 2. The Council will encourage developers to consider incorporating an applications for this type of housing element of self-build plots into development schemes as part of the will be judged against the same housing mix. The Council’s self-build register will be used as a source relevant policies in the Plan. of evidence of the demand for self-build and custom build housing locally, and the level of demand will be a material consideration in Policy links determining proposals. Birmingham Development Plan • PG3 Place making. 3. Affordable self-build plots will be considered and encouraged as a • TP27 Sustainable suitable product within the affordable housing requirement on larger neighbourhoods. sites. • TP30 The type, size and density of new housing. Implementation Existing policy/guidance to be Local/ Partnerships CPO CIL/ Planning Other Local Plan/ replaced/updated National Section 106 Management SPD/Regeneration None. Funding Framework � �
development management in birmingham / homes and neighbourhoods Alternatives considered 4.39 To have no policy on self and 35 custom build housing.
Reasons for rejection: The Council wish to take a proactive approach to supporting individuals or groups of individuals that wish to build their own homes as a more affordable means by which to access home ownership. It is also a duty upon local authorities to have regard to the Self and Custom Build Register in carrying out their planning, housing, land disposal and regeneration functions.
12 CONSULTATION QUESTION 12a: Do you agree with the policy approach? If not please explain why. 12b: Are there any other matters that should be considered?
New housing
homes and neighbourhoods / development management in birmingham Connectivity 5.1 Connectivity is key to the successful future growth of Birmingham and the wellbeing of its residents. The core principles in regard to how we use 5our streets, create places and link people and businesses to opportunities are covered by the BDP. The development management policies in this section set out the detailed transport and traffic considerations relevant to individual development proposals. It also sets out the policy on telecommunications. DM13 Highway safety and POLICY DM13 access Highway safety and access
Introduction 1. Development must ensure that the safety of highway users is properly 5.2 Transport from individual taken into consideration and that any new development would not developments can have an impact have an adverse impact on highway safety. on the efficiency, safety and 2. Development must ensure that safe, convenient and appropriate sustainability of the City’s transport access arrangements are in place for all users, including the needs of system. This policy will be used people with disabilities and reduced mobility within the development to determine whether or not a and onto the highway network, both during the construction and proposed development has an operation stages of the development. Priority shall be given to the impact on the existing highway needs of sustainable transport modes. network and, therefore, whether 3. Developments should provide for the efficient delivery of goods the proposal should be considered and access by service and emergency service vehicles. Where it is appropriate in transport terms. It demonstrated that this is not feasible, an appropriate alternative also provides guidelines on the solution must be agreed with the City Council and secured. provision of adequate access and 4. Development proposals that will generate significant amounts of servicing for development. traffic should be accompanied by a Transport Assessment and should be located where the need to travel will be minimised, and is in a Why we have taken this location that is readily accessible by sustainable transport modes. approach and how the policy will Development proposals that generate significant amounts of traffic be applied will be required to provide, implement and monitor a Travel Plan that 5.3 New developments make an sets out the means by which the developer will encourage users to important contribution towards adopt more sustainable modes of travel. an efficient, comprehensive and 5. Vehicle access points (including private driveways) will be supported sustainable transport system in where it would not result in: Birmingham. At the same time this • A reduction in pedestrian or highway safety. network is an enabler for economic • Detrimental impact on public transport, cycling and walking routes. growth across the City ensuring • Adverse impact on the quality of the street scene and local that businesses can operate character of the area. successfully and people have a • The loss of important landscape features, including street trees choice of sustainable transport and significant areas of green verge. modes for their journeys. • The prevention or restriction of the implementation of necessary or future transport improvements. 5.4 Highway Safety is fundamental 6. On Birmingham’s strategic highway network, and other principle to the design of the highway and main distributor routes, development must seek opportunities network and no development to remove unnecessary access points. New direct vehicular accesses should have a negative impact will be supported where there are no practical alternatives (including on highway safety. The Road consideration of impacts on public transport, walking and cycling Safety Strategy for Birmingham routes and road safety). Any new access point must allow for access adopts a ‘Safe System’ approach and egress in a forward gear and for safe crossing of the access point which acknowledges the risk of on foot or by bike. human error and places significant responsibility on design of the Implementation transport network to ensure that Local/ Partnerships CPO CIL/ Planning Other Local Plan/ collisions do not result in serious National Section 106 Management SPD/Regeneration injury. Effective traffic management Funding Framework is essential to the safe and free flow of movement on the highway � � �
development management in birmingham / connectivity 37
network. It can improve accessibility and potentially reduce congestion by understanding flows of traffic at peak and non-peak periods. Where it is necessary for the developer to undertake improvements to the highway network to facilitate the safe and smooth movement of traffic, or incorporate pedestrian, cycle or public transport improvements, these works will be secured through the use of appropriate planning conditions and legal agreements.
5.5 Development proposals that will generate significant amounts of traffic should be accompanied by a Transport Assessment or Statement and will be required to provide a Travel Plan. Applications for development with significant transport implications should demonstrate the measures they are taking to minimise the impact of the development on highway users. The Council’s thresholds for Transport Assessments/ Statements and Travel Plans are set out in the Council’s Local Information Requirements. Further guidance on the preparation of TAs and TSs can be found in national policies and guidance.
5.6 Detailed guidance on Travel Plans is provided on Birmingham Connected Business Travel Network with requirements for uploading and maintaining travel plans through STARSfor. Schools refer to information on Modeshift STARS. Where Travel Plans are to be submitted alongside a planning application, they should be worked up in consultation with the local authority using the STARs for online system. They should have measurable outputs, which A34 at Perry Barr
connectivity / development management in birmingham might relate to targets in the local Policy links Alternatives considered 38 transport plan, and should set out Birmingham Development Plan 5.10 No alternative to this policy the arrangements for monitoring • PG3 Place making. has been identified. The NPPF the progress of the plan, as well as • TP38 A sustainable transport requires development to provide the arrangements for enforcement, network. for safe and suitable access to in the event that agreed objectives • TP39 Walking. the site for all users. It states that are not met. This is likely to • TP40 Cycling. development should only be be addressed through a legal • TP41 Public transport. prevented or refused on highways agreement between the relevant • TP42 Freight. grounds if there would be an parties and the Council under a • TP43 Low emission vehicles. unacceptable impact on highway Section 106 Agreement. • TP44 Traffic and congestion safety, or the residual cumulative management. impacts on the road network would 5.7 Travel Plans must include clear, • TP45 Accessibility standards for be severe. viable proposals for monitoring of new development. travel patterns post occupation. Where a Travel Plan is required to Existing policy/guidance to be mitigate significant impacts on the replaced/updated 13 CONSULTATION QUESTION highway, the agreed measures and There is no specific policy in the targets of the Travel Plan may be Saved 2005 UDP which addresses 13a: Do you agree with the policy secured with a sanction to ensure highway safety and access but approach? If not please explain why. that any failure to deliver agreed references are made throughout 13b: Are there any other matters measures and/or outcomes can be the UDP policies. that should be considered? remedied. The sanction would be used, if required, to address the travel impact of the scheme to the benefit of all parties.
5.8 Where construction is likely to have an impact on the highway, a construction traffic management plan will be required to ensure safe operation of the highway. This should include consideration of communications in relation to travel impact, in liaison with the Transportation Behaviour Change Team. It is the developer’s responsibility to ensure the impact, if any, on the highway network is reduced and managed effectively as far as reasonably practicable and any necessary licenses are obtained.
5.9 With all development, the existing network and proposed access points to the site will need to be suitable for future traffic levels. The main parts of the highway network within Birmingham, including the strategic highway network and the West Midlands key route network, are more sensitive to traffic impacts from development. Any new or amended access arrangements need to be carefully considered to ensure the efficient, effective and safe operation of the highway infrastructure across the City. Low emission vehicles
development management in birmingham / connectivity 39
Cycle lane
connectivity / development management in birmingham DM14 Parking and servicing constraints on our highway capacity and reduce pollution. The Parking 40 and because of the significant SPD will set out how the city will Introduction detrimental impact of traffic on our manage on-street (public highway) 5.11 This policy seeks to promote environment. and off-street parking provision sustainable transport. The Council across the city. recognises that a flexible and 5.13 In order to ensure that balanced approach needs to development is sustainable, local 5.15 The Council will support be adopted. There is a need to parking policies, alongside other and promote the provision of prevent excessive car parking planning and transport measures, charging points for ultra-low provision, while at the same time should act to promote sustainable emission vehicles and car clubs. ensuring that low on-site provision transport choices and reduce The availability of car club vehicles does not increase pressure on reliance on the private car for has been shown to reduce surrounding streets. work and other journeys. Careful the level of car ownership and and appropriate management usage. The Council considers this Why we have taken this of parking is a key element of would contribute to sustainable approach and how the policy will Birmingham’s transport strategy. development in the City. Car club be applied bays should ideally be placed on- 5.12 It is estimated that the 5.14 The Council is currently site if they would be accessible growth in the city’s population updating its parking policy and to the public as well as for the will result in 1.2million additional standards and will publish a new occupants of the site, or on the daily trips across the network by Parking SPD for consultation. public highway close to the 2031 (by all transport modes). It is The approach to the provision development. not possible or indeed desirable of parking aims to promote to accommodate all these sustainable transport, reduce 5.16 Garages will only be accepted by private car due to existing congestion, improve road safety as contributing towards parking provision for development if they have adequate functional space. This will help ensure that parking of POLICY DM14 Parking and servicing cars contributes to parking needs and residential amenity by creating 1. Parking and servicing should contribute to the delivery of an efficient, a more secure environment, and comprehensive and sustainable transport system. Development reducing the potential for unsocial should promote sustainable travel, reduce congestion, and make parking and visual impacts. efficient use of land. 5.17 It is essential that a design 2. A Parking Supplementary Planning Document will be prepared which led approach is adopted to ensure will set out the city’s parking strategy and revised parking standards. parking functions satisfactorily The Council will seek to apply levels of parking commensurate with for all users including disabled the accessibility of locations. This will mean zero car parking for new drivers, pedestrians, cyclists development in the City Centre and reduced parking standards in and service vehicles and does areas with good public transport connectivity. not impact negatively on the 3. New development should ensure that the operational and parking surrounding streetscape. Well needs of development are met, including parking for people with planned and designed parking disabilities, cycle parking and infrastructure to support the use of low can have a determining influence emission vehicles and car clubs. on the streetscape, can influence development density and is 4. Proposals for parking and servicing shall avoid highway safety important to the success of all problems and protect the local amenity and character of the area. developments. Parking should be designed to be secure and fully accessible to all users and adhere to the principles of the Birmingham Design Guide. 5.18 New hotel developments in locations where bike hire schemes 5. Proposals for standalone parking facilities must demonstrate that are established will be encouraged there is a deficit in local publicly available off-street parking, or that it to provide publically accessible will help to relieve on-street parking problems. bike hire facilities on site in liaison Implementation with the city bike hire provider.
Local/ Partnerships CPO CIL/ Planning Other Local Plan/ National Section 106 Management SPD/Regeneration Funding Framework � � �
development management in birmingham / connectivity Policy links Alternatives considered Birmingham Development Plan 5.19 To have no policy on parking. 41 • PG3 Place making. Reasons for rejection: National • TP38 A sustainable transport policy makes clear that parking network. standards should be determined • TP39 Walking. at the local level in response to local circumstances. The proposed • TP40 Cycling. policy supports the implementation • TP41 Public transport. of the BDP in developing a • TP42 Freight. sustainable, high quality, integrated transport system. It is considered • TP43 Low emission vehicles. essential that appropriate parking • TP44 Traffic and congestion is provided to contribute to traffic management. reduction and ensure safety, inclusive development and manage • TP45 Accessibility standards for any impact on amenity. new development. 14 CONSULTATION QUESTION Existing policy/guidance to be replaced 14a: Do you agree with the policy Saved Unitary Development approach? If not please explain why. Plan 2005 - DC10 Car Parking 14b: Are there any other matters Guidelines. that should be considered?
Longbridge Tecnology Park
connectivity / development management in birmingham DM15 Telecommunications Why we have taken this 5.22 Proposals for new 42 approach and how the policy will telecommunications equipment Introduction be applied require either planning permission 5.20 The Council recognises 5.21 Whilst there are significant or prior notification from the City the importance of advanced economic and social benefits Council, although some small high quality communications associated with the development of installations are not required to infrastructure to serve local telecommunications infrastructure, seek this approval. business and communities and the development of masts, their crucial role in the national antennae and other associated 5.23 The necessary evidence to and local economy. This includes infrastructure can give rise to justify the proposed development the development of high speed significant levels of concern relating should support applications for broadband technology and other to visual intrusion and impact on telecommunications development. communication networks for the surrounding area in which it This should include the outcome which there is a growing demand. is located. Operators and Local of consultations with organisations The objective of this policy is to Authorities work to the ‘Code of with an interest in the proposed ensure the right balance is struck best practice on mobile network development. When adding to between providing essential development’ in England, which an existing mast or base station, telecommunications infrastructure has been produced in accordance a statement that self-certifies and protecting the environment with a working group including the cumulative exposure will and local amenity. English Heritage, the Mobile not exceed the International Operators Association, National Commission on non-ionising Parks England, and the Planning radiation protection guidelines Officers Society. is needed, or evidence that the applicant has explored the possibility for erecting antennas on an existing building, mast or POLICY DM15 Telecommunications other structure and a statement certifying International Commission guidelines will be met. 1. The Council will promote the development of advanced, high quality communications infrastructure to support economic growth and more 5.24 Relating to the visual intrusion accessible, inclusive communities. This will be achieved by requiring of masts, careful consideration new development proposals to: into the design should be carried a. Demonstrate opportunities have been explored for sharing of out to minimise the visual impact masts or sites. Such evidence should accompany any application of the development. Such design made to the local planning authority. solutions may relate to the form b. Demonstrate that there are no suitable alternative sites for of structure, to colour and to telecommunications development available in the locality materials, for example masts can including the erection of antennae on existing buildings or other be designed to look like trees or suitable structures. street furniture or can be designed c. Be sited and designed in order to minimise impact on the into the fabric of a building. visual and residential amenity, character and appearance of the surrounding areas. 5.25 When freestanding masts outside of the built up area are d. If on a building, apparatus and associated structures to be being developed, it is essential to sited and designed in order to minimise impact to the external ensure that they, as far as possible, appearance of the building. blend in with the natural landscape. e. Not have unacceptable harm on areas of ecological interest, areas This includes the associated of landscape importance, or heritage assets and their setting. equipment such as underground f. Conform to the International Commission on Non-Ionising cable, service routes and means Radiation Protection (ICNIRP) guidelines, taking account where of enclosure should be designed appropriate of the cumulative impact of all operators’ equipment such that there is minimal loss or located on the mast/site. damage to trees and other natural vegetation. Additional planting of Implementation trees and vegetation is a means to screen such development. In Local/ Partnerships CPO CIL/ Planning Other Local Plan/ accordance with the policy no National Section 106 Management SPD/Regeneration unacceptable harm should arise to Funding Framework the natural environment as a result � of such applications.
development management in birmingham / connectivity 5.26 Further guidance is contained Reasons for rejection: the policy in paragraphs 42-46 of the NPPF, supports the implementation 43 and the Telecommunications of the Policy TP46 Digital Development: Mobile Phone Communications of the BDP. Infrastructure SPD. The Council supports well- designed and located high quality Policy links communications infrastructure and Birmingham Development Plan this policy is intended to facilitate • PG3 Place making. provision in line with this aspiration. • TP46 Digital communications.
Existing policy/guidance to be replaced/updated There is no existing policy. 15 CONSULTATION QUESTION 15a: Do you agree with the policy Alternatives considered approach? If not please explain why. 5.27 Option: To have no policy and 15b: Are there any other matters rely on the NPPF. that should be considered?
Birmingham New Street Station
connectivity / development management in birmingham Implementation and monitoring
6.1 The DMB will be implemented through the development management 6process. Its policies along with other Birmingham Local Plan policies and the National Planning Policy Framework will be the primary means by which the council will make decisions on planning applications.
6.2 The Birmingham Authority 6.3 The Development Monitoring Report (AMR) will Management policies support monitor the effectiveness of the the delivery of the BDP. Each policies of the Development Development Management policy Management policies. Updates of identifies which lead BDP policy it the AMR will normally be published is delivering. The effectiveness of annually. However, publication of the Development Management the AMR will be dependent upon policies will be monitored using the resource available. indicators set out in Appendix 5 of this document, many of which link with BDP monitoring indicators.
Birmingham Council House
development management in birmingham / implementation and monitoring 45
implementation and monitoring / development management in birmingham Appendices
Appendix 1: Technical Housing Standards - Nationally 7Described Space Standard (March 2015 as updated)
Table 1 - Minimum Gross Internal floor Areas (GIA) and Storage
Number of 1 storey 2 storey 3 storey Built in Number of bedspaces dwelling dwelling dwelling storage* bedrooms (people) (sq.m) (sq.m) (sq.m) (sq.m) Studio 1 39(37)** - - 1 1 2 50 58 - 1.5 3 61 70 - 2 2 4 70 79 - 4 74 84 90 3 5 86 93 99 2.5 6 95 102 108 5 90 97 103 6 99 106 112 4 3 7 108 115 121 8 117 124 130 6 103 110 116 5 7 112 119 125 3.5 8 121 128 134 7 116 123 129 6 4 8 125 132 138
* The built-in storage figures are included within the GIAs (i.e. are not additional). ** Where a studio has a shower room instead of a bathroom, the floor area may be reduced from 39m2 to 37m2, as shown bracketed.
development management in birmingham / appendices 47
The Standard requires that: a. The dwelling provides at least the GIA and built-in storage area set out in Table 1. b. A dwelling with two or more bedspaces has at least one double (or twin) bedroom. c. In order to provide one bedspace, a single bedroom has a floor area of at least 7.5 sq.m and is at least 2.15m wide. d. In order to provide two bedspaces, a double (or twin) bedroom has a floor area of at least 11.5 sq.m. e. One double (or twin) bedroom is at least 2.75m wide and every other double (or twin) bedroom is at least 2.55m wide. f. Any area with a headroom of less than 1.5m is not counted within the GIA unless used solely for storage (if the area under the stairs is to be used for storage, assume general floor area of 1sq.m within the GIA). g. Any other area that is used solely for storage and has a headroom of 900-1500mm (such as under eaves) is counted at 50% of its floor area, and any area lower than 900mm is not counted at all. h. A built-in wardrobe counts towards the GIA and bedroom floor area requirements, but should not reduce the effective width of the room below the minimum widths set out above. The built-in area in excess of 0.72 sq.m in a double bedroom and 0.36sq.m in a single bedroom counts towards the built-in storage requirement. I. The minimum floor to ceiling height is 2.3m for at least 75% of the GIA.
Compliance All areas are to be denoted in square metres (sq.m) and all linear dimensions in metres (m). Developers are to provide a schedule of dwelling types indicating their overall GIA and in-built storage areas.
Developers will be able to achieve ‘type approval’ for standardised designs. (Note that internal floor plans will still normally need to be submitted in order to assess amenity impacts and to demonstrate compliance with design principles such as active frontages, natural surveillance and the 45 degree code). For dwellings without type approval, drawings will need to be submitted at a scale of no greater than 1:100 showing room dimensions and heights for plan checking purposes.
The City Council will accept type approval of plans where this is confirmed by a building control body (which can be either a Local Authority Building Control Body, or a Government Approved Inspector) providing that the information used to assess compliance is also submitted, to enable checking by the City Council.
If the proposed development does not comply with the Standard, room floor plans with indicative furniture layouts will be required to demonstrate the functionality of internal spaces.
appendices / development management in birmingham 48 Appendices
Appendix 2: Information to be submitted with a planning application for changes of use to, or new Places of Worship or faith related educational facilities
1. If the proposed site is not within an identified centre (as defined by Policy TP21 of the BDP), has the suitability of sites located within town centres been considered? Sites should be assessed for their suitability, availability and viability with regard to the development proposed.
2. The hours of operation, specifying the times and days of the week when the premises will be used. Outline what time of day and/or night, and on which days of the week the use would operate.
3. Information on how much floor space, in square metres, would be required for each of the activities associated with the use (such as for worship, prayer, offices, storage, meetings rooms, kitchen, toilets, changing and cleansing areas, connected uses (education) etc.).
4. Details of the maximum capacity of the building.
5. Information on any special activities, festivals, ceremonies or additional services that would be provided, and how often they would occur, the number of additional people that would be attracted to the premises and at what time of the day/or night or night they would take place. A Management Plan for how additional volumes of people and traffic arising from such events are to be managed will be required.
6. Details of any music or amplified sound, either inside or outside the premises, or other potential sources of noise that may occur as a result of the use.
7. A Transport Statement or Impact Assessment as appropriate. Information to indicate where people would travel from to the premises and by what mode.
8. Details of the car and cycle parking and access arrangements, and whether drop-off facilities would be provided for larger vehicles or coaches. This should include the number of car parking spaces that would be provided, including provision for people with disabilities and any special parking management services such as power assisted doors, designated parking spaces, ramps and handrails etc.
development management in birmingham / appendices 49
Appendix 3: Policies in Stage 1 Regulation 18 Consultation not included in Preferred Options Document and justification
Proposed policy in How this has been dealt with in the Preferred Options Document October 2015 Consultation Impacts covered by DM2 Amenity, DM6 Noise and Vibration, DM13 Highway Hot food Takeaways safety and access, DM14 Parking and Servicing
Impacts covered by DM2 Amenity, DM6 Noise and Vibration, Highway safety Sheesha Lounges and access, DM14 Parking and Servicing
Impacts covered by DM2 Amenity, DM6 Noise and Vibration, Highway safety Restaurants/ Cafes/ Pubs and access, DM14 Parking and Servicing
Impacts covered by DM2 Amenity, DM6 Noise and Vibration, Highway safety Private Hire and Taxi Booking and access, DM14 Parking and Servicing Offices
Covered by DM9 Places of worship and faith related community uses, DM10 Education Facilities – Use of Day nurseries and early years provision, BDP Policy TP36 Education Dwellings Houses
Covered by DM9 Places of worship and faith related community uses, DM10 Education Facilities Non- Day nurseries and early years provision, BDP Policy TP36 Education Residential Properties
Impacts covered by DM2 Amenity, DM6 Noise and Vibration, DM13 Highway Hotels and Guest Houses safety and access, and DM14 Parking and Servicing
Impacts covered by DM2 Amenity, DM6 Noise and Vibration, DM13 Highway Flat Conversions safety and access, DM14 Parking and Servicing and BDP Policy TP35 The Existing Housing Stock
Impacts covered by DM2 Amenity, DM6 Noise and Vibration, DM13 Highway Hostels and Residential Homes safety and access, DM14 Parking and Servicing and BDP Policy TP35 The Existing Housing Stock
Covered by BDP Policy TP47 Developer contributions Planning Obligations
Covered by BDP Policy PG Place-making Design
Covered by ODPM Circular1/2003 Aerodrome Safety
appendices / development management in birmingham 50 Appendices
Appendix 4: Monitoring Framework
Policy Monitoring Indicator
• Exceedance of annual mean NO2 levels above 40μg/m3 Policy DM1 • BDP Monitoring Indicator for Policy TP1 Air Quality
• BDP Monitoring Indicator for Policy PG3 Policy DM2 • Number of applications refused on amenity grounds Amenity
Policy DM3 • Number of applications where there are outstanding EA/HSE objections Land affected by Contamination and Hazardous substances Policy DM4 • BDP Monitoring Indicator for Policy TP7 Landscaping and Trees Policy DM5 • Number of applications refused on light pollutions grounds Light Pollution • Number and location of Environmental Health enforcement cases carried Policy DM6 out against reported statutory noise nuisance Noise and Vibration
Policy DM7 • No indicator identified Advertisements Policy DM8 • No indicator identified Places of Worship Policy DM9 • No indicator identified Day nurseries and childcare provision • Concentrations of HMOs above the 10% threshold on an LSOA or Ward Policy DM10 House in multiple occupation
Policy DM11 • Number of applications refused on space standards not being met Standards for Residential • Number of applications refused on 45 Degree Code Development • Number and of individuals and groups listed on the self-build register each year. Policy DM12 • Number of new homes granted exemption from CIL due to self/custom Self and custom building build status. • Numbers of plots made available for self and custom build each year
Policy DM13 • BDP Monitoring Indicator for Policy TP39 and TP44 Highway and safety access • Adoption of the Parking Supplementary Planning Document (SPD) Policy DM14 • Number of applications refused on car parking or servicing grounds Parking and servicing
• Approval of stand-alone single operator masts as a proportion of all new Policy DM15 telecom approvals Telecommunications • Number of appeals lost where officer recommendations are overturned
development management in birmingham / appendices
Birmingham City Council Sustainability Appraisal of the Development Management Development Plan Document
Preferred Options Document
Interim Sustainability Report
Wood Environment & Infrastructure Solutions UK Limited – January 2019
ii © Wood Environment & Infrastructure Solutions UK Limited
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1 Draft report December 2018
2 Final Report January 2019
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Non-Technical summary
Introduction
This Non-Technical Summary (NTS) provides an overview of the Sustainability Appraisal (SA) Report produced as part of the SA of the Development Management DPD (DM DPD) that is currently being prepared by Birmingham City Council (the Council). The SA is being carried out on behalf of the Council by Wood1 to help integrate sustainable development into the emerging DPD.
The following sections of this NTS:
Provide an overview of the DM DPD;
Describe the approach to undertaking the SA of the DM DPD;
Summarise the findings of the SA of the DM DPD; and
Set out the next steps in the SA of the DM DPD including how to respond to the consultation on this SA Report.
What is the Development Management DPD?
The Development Management DPD provides detailed policy guidance on a range of planning matters, covering environmental, social and economic topics, and will be a material consideration in the determination of planning applications. The DPD will be applicable to any location in the City, helping to deliver the BDP vision of Birmingham as “an enterprising, innovative and green City that has delivered sustainable growth meeting the needs of its population”, with an emphasis on supporting growth and creating high quality places. The objectives of the DPD mirror those of the BDP. The policies within the Development Management DPD reflect, and are in accordance with, the policies and guidance set out within the National Planning Policy Framework (NPPF) and the strategic spatial objectives and policies in the BDP. There are 15 proposed policies under the following themes:
Environment and Sustainability
DM1 Air quality
DM2 Amenity
DM3 Land affected by contamination and hazardous substances
DM4 Landscaping and trees
DM5 Light pollution
DM6 Noise
Economy and Network of Centres
DM7 Advertisements
DM8 Places of worship
DM9 Day nurseries and early years provision
1 Formerly Amec Foster Wheeler, which was acquired in October 2017 by Wood Group.
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Homes and Neighbourhoods
DM10 Houses in multiple occupation and other residential accommodation
DM11 Standards for Residential development
DM12 Self and custom build housing
Connectivity
DM13 Highway safety and access
DM14 Parking and Servicing
DM15 Telecommunications.
What is Sustainability Appraisal?
National planning policy2 states that local plans are key to delivering sustainable development. Sustainable development is that which seeks to secure net gains across economic, environmental and social objectives to meet the needs of the present without compromising the ability of future generations to meet their own needs.
The DM DPD should contribute to a sustainable future for the plan area. To support this objective, the Council is required to carry out a SA of the DPD3. SA is a means of ensuring that the likely social, economic and environmental effects of the DPD are identified, described and appraised and also incorporates a process set out under a European Directive4 and related UK regulations5 called Strategic Environmental Assessment (SEA). Where negative effects are identified, measures are proposed to avoid, minimise or mitigate such effects. Where any positive effects are identified, measures are considered that could enhance such effects. SA is therefore an integral part of the preparation of the DM DPD.
How has the Development Management DPD been appraised?
A range of SA Objectives were developed in light of the baseline data, key sustainability issues identified for the City and reference to the sustainability objectives developed for the SA/SEA of the Birmingham Development Plan. These have been used to appraise the effects of DM DPD and to consider whether the Plan objectives, policies and proposals are sustainable.
Table NTS 1 Sustainability Appraisal Objectives
SEA Directive Topic DM DPD Sustainability Appraisal Objectives Area(s)
Material assets 1. ENV1 Encourage development that optimises the use of previously developed land and buildings
Material assets 2. ENV2 To promote the application of high standards of design, construction and maintenance of buildings
Material assets 3. ENV3 To encourage the use of sustainable methods of transport and reduce the need to travel
Landscape & townscape, 4. ENV4 To encourage high quality development which protects and enhances Birmingham’s cultural heritage, biodiversity cultural and natural heritage, including resilient ecological networks able to meet the demands & geodiversity of current and future pressures.
2 See paragraph 16 of the National Planning Policy Framework (Ministry for Housing, Communities and Local Government, 2018). 3 The requirement for SA of local plans is set out under section 19(5) of the Planning and Compulsory Purchase Act 2004. 4 Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment. 5 Environmental Assessment of Plans and Programmes Regulations 2004 (statutory instrument 2004 No. 1633).
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SEA Directive Topic DM DPD Sustainability Appraisal Objectives Area(s)
Climatic Factors 5. ENV5 To promote development which anticipates and responds to the challenges associated with climate change, particularly floodrisk management and reduction
Water resources, air quality, 6. ENV6 To promote development which makes best use of water resources, reduces pollution material assets and encourages sustainable waste management
Population and health 7. ECON1 To help improve the performance of the local and City-wide economy to provide opportunity for all
Population and health 8. ECON2 To help promote the vitality of local centres
Population and health 9. ECON3 To promote the regeneration of areas across the City through appropriate development
Population and health 10. ECON4 To encourage investment in learning and skills development
Population and health 11. SOC1 To help ensure equitable access to community services and facilities
Population and health 12. SOC2 To help provide decent and affordable housing for all, of the right quantity type, tenure and affordability to meet local needs
Population and health 13. SOC3 To encourage development which promotes health and well-being
Population and health 14. SOC4 To encourage development which helps to reduce crime, the fear of crime and antisocial behaviour
Population and health 15. SOC5 To enable communities to influence the decisions that affect their neighbourhoods and quality of life
The DPD Objectives have been assessed for their compatibility with the SA objectives above. The policies have been appraised using matrices to identify likely significant effects on the SA objectives. A qualitative scoring system has been adopted which is set out in Table NTS 2.
Table NTS 2 Scoring System Used in the Appraisal of the Draft DPD
Score Description Symbol Significant Positive The proposed option/policy contributes significantly to the achievement of the objective. Effect ++ The proposed option/policy contributes to the achievement of the objective but not Minor Positive Effect significantly. + Neutral The proposed option/policy does not have any effect on the achievement of the objective 0 Minor The proposed option/policy detracts from the achievement of the objective but not Negative Effect significantly. - Significant The proposed option/policy detracts significantly from the achievement of the objective. Negative Effect -- There is no clear relationship between the proposed option/policy and the achievement of No Relationship the objective or the relationship is negligible. ~ The proposed option/policy has an uncertain relationship to the objective or the relationship Uncertain is dependent on the way in which the aspect is managed. In addition, insufficient information ? may be available to enable an appraisal to be made. NB: where more than one symbol/colour is presented in a box it indicates that the appraisal has identified both positive and negative effects. Where a box is coloured but also contains a ‘?’, this indicates uncertainty over whether the effect could be a minor or significant effect although a professional judgement is expressed in the colour used. A conclusion of uncertainty arises where there is insufficient evidence for expert judgement to conclude an effect.
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What are the likely significant effects of the Development Management DPD?
The results of the SA of the DM policies indicate that there are likely to be largely positive or significantly positive effects resulting from implementation of the policies. This reflects the positive intent of the policies and the need to deal systematically and objectively with planning issues arising day-to-day across the City, as well as the experience accumulated through their ongoing implementation through the UDP. More generally, the Development Management policies represent the lowest tier in a hierarchy of planning policies, adding local detail to implement the broader principles of policies within the NPPF and the BDP. As such they specifically address local issues and are designed to mitigate potential adverse effects associated with development. No significant negative effects, either associated with specific sustainability objectives or cumulatively have been identified. This contrasts with the scores attributed to the absence of a policy which are typically significantly negative, reflecting the clear need to systematically control development and the likely consequences of the absence of such a policy framework which is to the benefit of applicants, residents and the City as a whole. Some policies have been identified as holding some uncertainty as to their precise effects in respect of meeting sustainability objectives. These apply principally to whether significant positive effects are likely to be fully realised in respect of matters such as sustainable travel and construction, or enhanced access by local communities to skills enhancement from the construction of education facilities, reflecting the case-by-case nature of individual developments and their particular circumstances. Nevertheless, the potential for the realisation of significant positive or positive effects exists.
Proposed mitigation measures
No suggestions were made as to the specific wording of policies reflecting their positive intention. This reflects the positive scores, the absence of negative effects and the intention to use the policies in combination with the policies of the BDP, which for each policy are cross-referenced.
However, the following suggestions are made in respect of the presentation of the policies in order to make clearer how the policies will be implemented:
ensure that, wherever possible, the specific criteria against which the policy will be implemented and monitored are included.
For each DM policy, provide further detail against the cited BDP policies on how these will work together.
Set out more clearly in paragraph 1.10 of the DPD which matters are covered by the BDP and which by the DM DPD, such as the control of various forms of retail development.
Where possible, fully reference BCC strategies on various topics relating to specific policies.
Set out a summary table of how the policies will be monitored, indicating where this can be covered by the existing AMR.
In Summary
The SA of the DM DPD has scrutinised the basis for, content and likely effects of the proposed suite of policies. The SA has ensured that there has been consideration of the likely environmental effects of various options associated with each policy, demonstrating how the performance of the proposed policy is likely to lead to positive outcomes for the location of proposed developments and for the City as a whole.
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Comments
This draft Sustainability Report which accompanies the Preferred Options DM DPD is subject to consultation for a period of 8 weeks from 4th February 2019. Comments on this Report should be sent to:
Planning Policy Birmingham City Council Planning and Development 1 Lancaster Circus Queensway Birmingham B1 1TU
www.birmingham.gov.uk/DMB
Next Steps
Following consultation and an analysis of the responses, the Council will revise the Preferred Options Development Management DPD to produce a Publication Document which will be subject to a statutory period of public consultation. Following this, a Submission Development Management DPD will be produced. This Report will take account of consultee responses and any changes to the scope and/or content of the proposed policies.
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Contents
1. Background 1 1.1 Introduction 1 1.2 What is Sustainability Appraisal? 1 Legislation 2 National Planning Policy Framework and Guidance 3 1.3 Purpose of this SA Report 4 1.4 The Development Management DPD 4 Evolution of the Development Management DPD 5 1.5 The Sustainability Appraisal process 6 1.6 Habitats Regulations Assessment 8 1.7 Compliance with the SEA Directive/Regulations 9
2. Review of Contextual Information 11 2.1 Plans, Policies and Programmes 11 European level 11 The National Planning Policy Framework (NPPF) (July 2018) 11 Review of Plans, Programmes and Strategies 12 2.2 Environmental, social and economic baseline and evolution without the Plan 48
3. Methodology 55 3.1 The SA Framework 55 3.2 Appraisal Methodology 57 DPD Objectives 57 DPD Policies 57 3.3 Geographical and temporal scope 59 3.4 Mitigation 59 3.5 Who carried out the appraisal 60 3.6 Difficulties encountered 60
4. Appraisal of the Draft Development Management DPD and Reasonable Alternatives 61 4.1 Compatibility between the DPD Objectives and the SA Objectives 61 4.2 Policies and alternatives 64 4.3 Summary of results and the reasons for selecting/rejecting the alternatives 64 4.4 Proposed mitigation measures 74 4.5 Uncertainties and risks 74
5. Next steps 75 5.1 Preparation of the Submission Development Management DPD 75
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5.2 Finalising the SA Report and Post Adoption Statement 75 5.3 Monitoring Requirements 75 5.4 Quality Assurance Checklist 76
Table 1.1 Changes to the Suite of Policies from the Regulation 18 Document to the Preferred Options Document 5 Table 1.2 Compliance with the requirements of the SEA Directive 9 Table 2.1 Plans, Programmes and Strategies Relevant to the SA of the DM DPD 13 Table 2.2 The Relationship between Plans, Programmes and Strategies and the Sustainability Objectives 16 Table 2.3 Baseline summary and issues relevant to the Development Management DPD 48 Table 3.1 Sustainability Objectives, Guide Questions and Indicators 55 Table 3.2 Compatibility matrix 57 Table 3.3 Appraisal matrix 58 Table 3.4 Appraisal Scoring system 58 Table 4.1 Compatibility between the Development Management DPD Objectives and the SA Objectives 62 Table 4.2 Summary of the results of the appraisal of the preferred policy option 64
Figure 1.1 The relationship between the SA process and Local Plan preparation 8
Appendix A Policy Appraisal Appendix B Scoping Report Baseline Appendix C Consultation Responses on the Scoping Report update (August 2018) and the Council’s Response Appendix D Consultation Responses on the Scoping Report (2014) and the Council’s Response Appendix E Regulation 18 Consultation Responses
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1. Background
1.1 Introduction
6 1.1.1 The Birmingham Development Plan (DBP) was adopted by Birmingham City Council (the Council) in 2017. The BDP provides the strategic planning policies for over 51,100 new homes and substantial amounts of employment land, retail and office development to be delivered by 2031. The Council has also been preparing the Development Management Development Plan Document (DPD). It will provide detailed planning policies for specific types of development and support the implementation of the BDP.
7 1.1.2 The Council issued an initial draft Development Management DPD in March 2015 . Following an analysis of the consultation responses and the adoption of the BDP, the Council has now prepared a Preferred Options Development Management DPD.
1.1.3 Wood Environment and Infrastructure Solutions Ltd. (Wood) has been commissioned by the Council to undertake a Sustainability Appraisal (SA) of the Development Management DPD. The SA will appraise the environmental, social and economic performance of the Development Management DPD and any reasonable alternatives.
1.1.4 This report presents the findings of the SA of the Preferred Options Development Management DPD. It sets out the results of the testing of the DPD’s sustainability performance using a framework developed in the Scoping Report8.
1.1.5 This draft Sustainability Report accompanies the Preferred Options Development Management DPD and is subject to consultation for a period of 8 weeks from 4th February 2019. Comments on this Report should be sent to:
Planning Policy Birmingham City Council Planning and Development 1 Lancaster Circus Queensway Birmingham B1 1TU
www.birmingham.gov.uk/DMB
1.2 What is Sustainability Appraisal?
1.2.1 Sustainability Appraisal (SA) is a process whereby the environmental, social and economic aspects of a proposed plan, policy or programme (and any reasonable alternatives) are systematically identified, described and evaluated to ensure that there is an optimal balance between them. In doing so, it will help to inform the selection of options and identify measures to avoid, minimise or
6 Birmingham City Council (January 2017) Birmingham Development Plan: Part of Birmingham’s Local Plan, Planning for sustainable growth. 7 Birmingham City Council (June 2015) Regulation 18 Consultation on Development Management DPD 8 Birmingham City Council (2018) Sustainability Appraisal of the Development Management DPD: Scoping Report
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mitigate any potential negative effects that may arise from the plan, policy or programme’s implementation as well as opportunities to improve the contribution towards sustainability.
1.2.2 SA is required by government legislation which is combined with Strategic Environmental Assessment (SEA) of new plans, policies and programmes under European legislation (the SEA Directive)9.
Legislation
1.2.3 Under Section 19(5) of the Planning and Compulsory Purchase Act (PCPA) 2004, a local planning authority (LPA) is required to
a) carry out an appraisal of the sustainability of the proposals in each development plan document;
b) prepare a report of the findings of the appraisal.
1.2.4 The development plan documents referred to in Section 19 (5a) include Local Plans.
1.2.5 In developing the DPDs, LPAs must also address the requirements of European Union Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, referred to as the SEA Directive, and its transposing regulations the Environmental Assessment of Plans and Programmes Regulations 2004 (statutory instrument 2004 No. 1633).
1.2.6 The criteria to determine whether the SEA requirements apply are contained in Article 3 of the SEA Directive, summarised as follows:
Whether the plan or programme (PP) is to be prepared and/or adopted by a national, regional or local authority or prepared by an authority for adoption through a legislative procedure by Parliament or Government?
Whether the PP required by legislative, regulatory or administrative provisions?
Whether the PP is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and whether it set a framework for future development consent of projects contained in Annexes I and II to the EIA Directive?
Whether the PP determines the use of small areas at local level, or is it a minor modification of a PP? (If the answer is yes to either of these, the SEA requirements will not apply).
Whether the PP’s sole purpose to serve national defence or civil emergency, OR is it a financial or budget PP, or is it co-financed by European structural funds? (If the answer is yes to either of these, the SEA requirements will not apply).
Is it likely to have a significant effect on the environment?
1.2.7 Responsible Authorities must carry out screening to determine whether SEA is required of PPs. The Responsible Authority must make its conclusions on a determination available to the public, including reasons for not requiring SEA. When forming a view on whether SEA is needed in these cases, Responsible Authorities must consult the statutory consultation bodies identified by the SEA Regulations (which for PPs whose activities and effects occur only within England are the Environment Agency, Natural England Historic England). For the purposes of the SEA Directive and the DPDs, LPAs are the Responsible Authority. In the case of the Development Management DPD,
9 Environmental Assessment of Plans and Programmes Regulations 2004 (the ‘Strategic Environmental Assessment Regulations’), which implement the requirements of the European Directive 2001/42/EC (the ‘Strategic Environmental Assessment Directive’)
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the Council considered that it was likely to have significant effects, and in consequence, this SA includes meeting the requirements of the SEA Directive and implementing regulations.
1.2.8 Section 39 of the PCPA requires that the authority preparing a DPD must do so “with the objective of contributing to the achievement of sustainable development”. On this, it echoes Article 1 of the SEA Directive, which states that the objective of SEA is:
“to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development”.
National Planning Policy Framework and Guidance
10 1.2.9 At paragraph 16, the National Planning Policy Framework (NPPF) (2018) sets out that local plans should be prepared with the objective of contributing to the achievement of sustainable development11 In this context, paragraph 32 of the NPPF reiterates the requirement for SA/SEA as it relates to local plan preparation:
“Local plans and spatial development strategies should be informed throughout their preparation by a sustainability appraisal that meets the relevant legal requirements.12 This should demonstrate how the plan has addressed relevant economic, social and environmental objectives (including opportunities for net gains). Significant adverse impacts on these objectives should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued. Where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed (or, where this is not possible, compensatory measures should be considered).’’
1.2.10 The Planning Practice Guidance (Local Plans paragraph 016) also makes clear that SA plays an important role in demonstrating that a local plan reflects sustainability objectives and has considered reasonable alternatives. In this regard, SA will help to ensure that a local plan is “justified”, a key test of soundness that concerns the extent to which the plan provides an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence.
1.2.11 The PPG also states that “Sustainability appraisal should be applied as an iterative process informing the development of the Local Plan.” In this regard the PPG superseded previous Government guidance13 on SA which included the following:
“The development and appraisal of options will be an iterative process, with the options being revised to take account of the appraisal findings and consultation responses. This will inform the selection, refinement and publication of preferred options for consultation…”
1.2.12 Therefore current legislation, planning policy and guidance all make clear that compliance with requirements of the SEA Directive through the completion of an integrated SA is critical to ensuring that a plan is found sound at Examination and can then be formally adopted.
10 Ministry of Housing, Communities and Local Government (2108) National Planning Policy Framework. Available from https://www.gov.uk/government/collections/revised-national-planning-policy-framework [Accessed November 2018] 11 This is a legal requirement of local planning authorities exercising their plan-making functions (section 39(2) of the Planning and Compulsory Purchase Act, 2004) 12 The reference to relevant legal requirements in the NPPF relates to Strategic Environmental Assessment. 13 ODPM (2005), Sustainability Appraisal of Regional Spatial Strategies and Local Development Documents, ODPM Publications
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1.3 Purpose of this SA Report
1.3.1 Specifically, this SA Report sets out:
An overview of the Preferred Options Development Management DPD;
A review of relevant international, national, regional, sub-regional and local plans, policies and programmes;
Baseline information for the DPD area across key sustainability topics;
Key economic, social and environmental issues relevant to the appraisal of the Preferred Options Development Management DPD;
The approach to undertaking the appraisal of the Preferred Options Development Management DPD;
The findings of the appraisal of the Preferred Options Development Management DPD; and
Conclusions and an overview of the next steps in the SA process.
1.4 The Development Management DPD
1.4.1 The Development Management DPD provides detailed policy guidance on a range of planning matters, covering environmental, social and economic topics, and will be a material consideration in the determination of planning applications. The DPD will be applicable to any location in the City, helping to deliver the BDP vision of Birmingham as “an enterprising, innovative and green City that has delivered sustainable growth meeting the needs of its population”, with an emphasis on supporting growth and creating high quality places. The objectives of the DPD mirror those of the BDP, namely:
To develop Birmingham as a City of sustainable neighbourhoods that are safe, diverse and inclusive with locally distinctive character.
To make provision for a significant increase in the City’s population.
To create a prosperous, successful and enterprising economy with benefits felt by all.
To promote Birmingham’s national and international role.
To provide high quality connections throughout the City and with other places including encouraging the increased use of public transport, walking and cycling.
To create a more sustainable City that minimises its carbon footprint and waste, and promotes brownfield regeneration while allowing the City to grow.
To strengthen Birmingham’s quality institutions and role as a learning City and extend the education infrastructure securing significant school places.
To encourage better health and well-being through the provision of new and existing recreation, sport and leisure facilities linked to good quality public open space.
To protect and enhance the City’s heritage assets and historic environment.
To conserve and enhance Birmingham’s natural environments, allowing biodiversity and wildlife to flourish.
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To ensure that the City has the infrastructure in place to support its future growth and prosperity.
Evolution of the Development Management DPD
1.4.2 Consultation on the Issues and Options version of the DM DPD (Regulation 18 Stage) took place in Summer 2015. In total, 26 respondents provided a total of 91 responses, which have been taken into consideration as the policies in the DPD was prepared. The proposed changes arising from the consultations were:
A number of policies not being carried forward into the Preferred Options document for differing reasons (see Table 1.1 below)
The addition of policies on Highway safety and access (Policy DM13) and Parking and servicing (Policy DM14);
The addition of introductory text to Policy DM3 (Land affected by Contamination and Hazardous Substances) including Hazardous Installations following the consultation response from HSE as well as the inclusion of groundwater pollution and the precautionary principle, following the consultation response from the Environment Agency;
Policy DM5 includes reference to ILP design requirements and low energy lighting following the consultation response from Highways England.
1.4.3 However, in light of the consultation and re-appraisal of the relationship between the emerging DM DPD and the adopted BDP, various policies have been deleted and others merged.
Table 1.1 Changes to the Suite of Policies from the Regulation 18 Document to the Preferred Options Document
Proposed policy in October 2015 How this has been dealt with in the Preferred Options Document Consultation
Covered by DM2 Amenity, DM6 Noise and Vibration, DM13 Highway safety and access, DM14 Hot food Takeaways (DM01) Parking and Servicing
Covered by DM2 Amenity, DM6 Noise and Vibration, Highway safety and access, DM14 Parking Sheesha Lounges (DM02) and Servicing
Covered by DM2 Amenity, DM6 Noise and Vibration, Highway safety and access, DM14 Parking Restaurants/ Cafes/ Pubs (DM03) and Servicing
Private Hire and Taxi Booking Covered by DM2 Amenity, DM6 Noise and Vibration, Highway safety and access, DM14 Parking Offices (DM08) and Servicing
Education Facilities – Use of Covered by DM9 Places of worship and faith related community uses, DM10 Day nurseries and Dwellings Houses (DM09) early years provision, BDP Policy TP36 Education
Education Facilities Non- Covered by DM9 Places of worship and faith related community uses, DM10 Day nurseries and Residential Properties (DM10) early years provision, BDP Policy TP36 Education
Not considered necessary. Majority of impacts covered by DM2 Amenity, DM6 Noise and Hotels and Guest Houses (DM11) Vibration, DM13 Highway safety and access, DM14 Parking and Servicing
Not considered necessary. Majority of impacts covered by DM2 Amenity, DM6 Noise and Flat Conversions (DM14) Vibration, DM13 Highway safety and access, DM14 Parking and Servicing
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Proposed policy in October 2015 How this has been dealt with in the Preferred Options Document Consultation
Hostels and Residential Homes Not considered necessary. Majority of impacts covered by DM2 Amenity, DM6 Noise and (DM15) Vibration, DM13 Highway safety and access, DM14 Parking and Servicing
Planning Obligations (DM17) Covered by BDP Policy TP47 Developer contributions
Aerodrome Safety (DM19) Covered by ODPM Circular1/2003
Design (DM23) Covered by BDP Policy PG Place-making
1.4.4 The proposed policies within the Development Management DPD reflect, and are in accordance with, the policies and guidance set out within the National Planning Policy Framework (NPPF) and the strategic spatial objectives and policies in the BDP. There are 15 proposed policies under the following themes:
Environment and Sustainability DM1 Air quality DM2 Amenity DM3 Land affected by contamination and hazardous substances DM4 Landscaping and trees DM5 Light pollution DM6 Noise and vibration Economy and Network of Centres DM7 Advertisements DM8 Places of worship DM9 Day nurseries and early years provision Homes and Neighbourhoods DM10 Houses in multiple occupation and other residential accommodation DM11 Standards for Residential development DM12 Self and custom build housing Connectivity DM13 Highway safety and access DM14 Parking and Servicing DM15 Telecommunications
1.5 The Sustainability Appraisal process
1.5.1 The appraisal of the DM DPD is an integral part of the plan preparation and has five sequential stages. These are highlighted in Figure 1.1 below together with links to the development of the DPD.
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14 1.5.2 The first stage (Stage A) led to the production of a SA Scoping Report . Informed by a review of other relevant polices, plans and programmes as well as baseline information and the identification of key sustainability issues affecting the County, the Scoping Report set out the proposed framework for the appraisal of the DPD (termed the SA Framework).
th 1.5.3 The Scoping Report was subject to consultations that ran from Friday 12 December 2014 until Friday 22nd January 2015 and from 21st May and 29th June 2018. Responses were received to the consultation from the statutory SEA consultation bodies (Natural England, Historic England and the Environment Agency). Responses related to various aspects of the Scoping Report and resulted in amendments to the SA Framework. Appendix C contains a schedule of the consultation responses received on the Scoping Report, the Council’s response and the subsequent action taken.
1.5.4 Stage B of the SA process is iterative and involves the development and refinement of the DPD by testing the sustainability strengths and weaknesses of the emerging policy options.
1.5.5 At Stage C, a final SA Report will be prepared to accompany the submission draft DPD. This will be available for consultation alongside the DPD itself prior to consideration by an independent planning inspector (Stage D).
1.5.6 Following Examination in Public, and subject to any significant changes to the draft DPD that may require appraisal, the Council will issue a Post Adoption Statement as soon as reasonably practicable after the adoption of the DPD. This will set out the results of the consultation and SA processes and the extent to which the findings of the SA have been accommodated in the adopted DPD. During the period covered by the DPD, the Council will monitor its implementation and any significant social, economic and environmental effects (Stage E).
14 Birmingham City Council (2018) Sustainability Appraisal of the Development Management DPD: Scoping Report
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Figure 1.1 The relationship between the SA process and Local Plan preparation
Source: Department for Communities and Local Government (DCLG) (2014) Planning Practice Guidance. Available at http://planningguidance.planningportal.gov.uk/wp-content/uploads/2014/02/sea1_013.jpg
1.6 Habitats Regulations Assessment
1.6.1 Regulation 105 of the Conservation of Habitats and Species Regulations 2017 (the ‘Habitats Regulations’) requires that competent authorities assess the potential impacts of land use plans on the Natura 2000 network of European protected sites15 to determine whether there will be any ‘likely significant effects’ (LSE) on any European site as a result of the plan’s implementation (either alone or ‘in combination’ with other plans or projects); and, if so, whether these effects will result in any adverse effects on that site’s integrity with reference to the site’s conservation objectives. The process
15 Strictly, ‘European sites’ are any Special Area of Conservation (SAC) from the point at which the European Commission and the UK Government agree the site as a ‘Site of Community Importance’ (SCI); any classified Special Protection Area (SPA); any candidate SAC (cSAC); and (exceptionally) any other site or area that the Commission believes should be considered as an SAC but which has not been identified by the Government. However, the term is also commonly used when referring to potential SPAs (pSPAs), to which the provisions of Article 4(4) of Directive 2009/147/EC (the ‘new wild birds directive’) are applied; and to possible SACs (pSACs) and listed Ramsar Sites, to which the provisions of the Conservation of Habitats and Species Regulations 2017 are applied a matter of Government policy when considering development proposals that may affect them (NPPF para 176). ‘European site’ is therefore used in this report in its broadest sense, as an umbrella term for all of the above designated sites.
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by which the effects of a plan or programme on European sites are assessed is known as ‘Habitats Regulations Assessment’ (HRA)16.
1.6.2 In accordance with the Habitats Regulations, what is commonly referred to as a HRA screening exercise has been undertaken to identify the likely impacts of the emerging Local Plan upon European sites, either alone or ‘in combination’ with other projects or plans, and to consider whether these effects are likely to be significant. Where the possibility of significant effects could not be excluded, a more detailed Appropriate Assessment (AA) has been carried out to determine whether these effects would adversely affect the integrity of European sites.
1.6.3 The AA is reported separately from the SA of the DPD (although a summary of the findings is included in Section 5.8 of this report) but importantly has helped to inform the appraisal process, particularly in respect of the potential effects of proposals on biodiversity.
1.7 Compliance with the SEA Directive/Regulations
1.7.1 This Sustainability Report has been compiled with reference to the legal requirements of the SEA and associated Regulations. Table 1.2 sets out where and how the requirements of the SEA Directive have been in producing this Report.
Table 1.2 Compliance with the requirements of the SEA Directive
SEA Directive requirement Where covered in the Sustainability Report
a) An outline of the contents, main objectives of the plan or programme, and relationship with other Sections 1 and 2 relevant plans.
b) The relevant aspects of the current states of the environment and the likely evolution thereof without Section 2 implementation of the plan or programme.
c) The environmental characteristics of areas likely to be significantly affected. Section 2
d) Any existing environmental problems which are relevant to the plan or programme including, in Section 2 particular, those relating to any areas of a particular environmental importance.
e) The environmental protection objectives, established at international, community or national level, Section 2 which are relevant to the plan or programme and the way those objectives and any environmental consideations have been taken into account during its preparation.
f) The likely significant effects on the environment, including on issues such as biodiversity, population, Section 4 human health, fauna, flora, soil, water, air, climatic factors, material and archaeological heritage, landscape and the interrelationship between the above factors. These effects should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects.
g) The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse Section 4 effects on the environment of implementing the plan.
h) An outline of the reasons for selecting the alternatives dealt with, and a description of how the Section 4 assessment was undertaken including any difficulties encountered in compiling the required information.
i) A description of measures envisaged concerning monitoring. Section 5
j) A non-technical summary of the information provided under the above headings. This Report
16 ‘Appropriate Assessment’ has been historically used as an umbrella term to describe the process of assessment as a whole. The whole process is now more usually termed ‘Habitats Regulations Assessment’ (HRA), and ‘Appropriate Assessment’ is used to indicate a specific stage within the HRA.
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2. Review of Contextual Information
2.1 Plans, Policies and Programmes
2.1.1 The relationship between various policies, plans, programmes and environmental protection objectives may influence the DM DPD. The relationships are analysed to help:
Identify any external social, environmental or economic objectives that should be reflected in the SA/SEA process;
Identify external factors that may have influenced the preparation of the plan; and
Determine whether the policies in other plans and programmes might lead to cumulative or synergistic effects when combined with policies in the plan.
2.1.2 This process enables the DM DPD to take advantage of any potential synergies and to respond to any inconsistencies and constraints. The plans and programmes to be considered include those at the international, national, regional and local scale.
2.1.3 The review aims to identify the relationships between the DM DPD and these other documents i.e. how the strategy could be affected by the other plans’ and programmes’ aims, objectives and/or targets, or how it could contribute to the achievement of any environmental and sustainability objectives. An understanding of the plans and programmes alongside which the DM DPD sits is important in developing a baseline approach to the assessment. It is also a valuable source of information to support the completion of the social, economic and environmental baseline and aid the determination of the key issues. The completed review of plans and programmes will also be used to provide the policy context for the subsequent assessment process and help to inform the development of objectives that comprise the assessment framework.
2.1.4 The principal documents which form the legislative context for the DM DPD are as follows:
European level
2.1.5 The SEA Directive is a European Union requirement that seeks to provide a high level of protection of the environment by integrating environmental considerations into the process of preparing certain plans and programmes. The aim of the Directive is “to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development, by ensuing that, in accordance with this Directive, an environmental assessment is carried out of certain plans and programmes which are likely to have significant effects on the environment.”
2.1.6 The Strategic Environmental Assessment Directive is implemented through the Environmental Assessment of Plans and Programmes Regulations 2004, which apply to a plan or programme related solely to England (or part of England), or to England (or part of England) and any other part of the United Kingdom. Where the Directive applies there are some specific requirements that must be complied with and which, in the case of Local Plans, should be addressed as an integral part of the sustainability appraisal process.
The National Planning Policy Framework (NPPF) (July 2018)
2.1.7 Section 19 of the Planning and Compulsory Purchase Act 2004 requires a local planning authority to carry out a sustainability appraisal of each of the proposals in a Local Plan during its preparation.
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More generally, section 39 of the Act requires that the authority preparing a Local Plan must do so “with the objective of contributing to the achievement of sustainable development.”
2.1.8 Sustainability Appraisals incorporate the requirements of the Environmental Assessment of Plans and Programmes Regulations 2004 (commonly referred to as the ‘Strategic Environmental Assessment Regulations’), which implement the requirements of the European Directive 2001/42/EC (the ‘Strategic Environmental Assessment Directive’) on the assessment of the effects of certain plans and programmes on the environment. Sustainability appraisal ensures that potential environmental effects are given full consideration alongside social and economic issues.
2.1.9 Government guidance set out in paragraph 32 of the NPPF states that:
“Local plans and spatial development strategies should be informed throughout their preparation by a sustainability appraisal that meets the relevant legal requirements. This should demonstrate how the plan has addressed relevant economic, social and environmental objectives (including opportunities for net gains). Significant adverse impacts on these objectives should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued. Where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed (or, where this is not possible, compensatory measures should be considered).”
2.1.10 Throughout this document, where reference is made to SA, it denotes SA incorporating the requirements of the SEA Directive. The SA has been carried out taking account of A Practical Guide to the Strategic Environmental Assessment Directive (2005)17 which provides guidance on SEA in the UK from the former ODPM and devolved administrations. SAs are an effective way to ensure that sustainable development principles are taken into account during the plan making process. By assessing the plan policies against a broad range of sustainability objectives, the appraisal process exposes sustainability strengths and weaknesses of the plan, which can help to develop recommendations for its improvement. As well as helping to enhance the plan, the appraisal process also provides a basis for informed discussion between stakeholders around a shared set of objectives.
2.1.11 Planning Practice Guidance (PPG) also makes clear that SA plays an important role in demonstrating that a local plan reflects sustainability objectives and has considered reasonable alternatives. In this regard, SA will help to ensure that a local plan is “justified”, a key test of soundness that concerns the extent to which the plan is the most appropriate strategy18, when considered against the reasonable alternatives and available and proportionate evidence.
Review of Plans, Programmes and Strategies
2.1.12 One of the first steps in undertaking SA is to identify and review other relevant plans and programmes that could influence the DM DPD. The requirement to undertake a plan and programme review and to identify the environmental and wider sustainability objectives relevant to the plan being assessed is set out in the SEA Directive. An ‘environmental report’ required under the SEA Directive should include: “An outline of the contents, main objectives of the plan or programme and relationship with other relevant plans and programmes” to determine “the environmental protection objectives, established at international (European) community or national level, which are relevant to the plan or programme … and the way those objectives and any
17 ODPM (2005) A Practical Guide to the Strategic Environmental Assessment: Practical guidance on applying European Directive 2001/42/EC “on the assessment of the effects of certain plans and programmes on the environment” 18 The NPPF makes it clear that a Plan should set out ‘an’ appropriate strategy rather than ‘the most appropriate strategy’. The SEA requirements for consideration of reasonable alternatives will remain an important contribution to support the selection of the appropriate strategy despite this change in planning policy.
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environmental considerations have been taken into account during its preparation” (Annex 1 (a), (e)).
2.1.13 Plans and programmes relevant to the DPD may be those at an international/ European, UK, national, regional, sub-regional or local level, as relevant to the scope of the document. The review of relevant plans and programmes aims to identify the relationships between the DPD and these other documents, i.e. how the DPD could be affected by the other plans’ and programmes’ aims, objectives and/or targets, or how it could contribute to the achievement of their sustainability objectives. The review also ensures that the relevant environmental protection and sustainability objectives are integrated into the SA. Additionally, reviewing plans and programmes can provide appropriate information on the baseline for the plan area and help identify the key sustainability issues.
2.1.14 The SA Scoping Report (2015 and 2018 update) included a review of plans and programmes, consistent with the requirements of the SEA Directive, and which was used to inform the development of the SA Framework. Table 2.1 lists the plans, programmes and strategies at international, national, regional and local scale reviewed within the Scoping Report, whilst Table 2.2 sets out how the content of the plans, programmes and strategies reviewed have been translated into the Sustainability Objectives.
Table 2.1 Plans, Programmes and Strategies Relevant to the SA of the DM DPD
International
EU Directive on the Conservation of Wild Birds (79/409/EEC). EU Directive on Waste (Directive 75/442/EEC, 2006/12/EC 2008/98/EC as amended). EU (1991) Urban Waste Water Treatment Directive EU (1992) Conservation of Natural Habitats and Wild Fauna and Flora (92/43/EEC, Habitats Directive) EU Packaging and Packaging Waste Directive (94/62/EC). The Pan-European Biological and Landscape Diversity Strategy (1995) EU (1996) Ambient Air Quality Assessment and Management (96/62/EC, Air Quality Framework Directive) EU Drinking Water Directive (98/83/EC). EU Directive on the Landfill of Waste (99/31/EC). European Commission (1999) The Landfill Directive EU (2000) Directive on Establishing a Framework for Community Action in the Field of Water Policy (2000/60/EC, The Water Framework Directive)’ EU (2000) The Water Framework Directive EU 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment (SEA Directive). EU Directive 2002/91/EC (2002) Directive 2002/91/EC on the Energy Performance of Buildings. EU Environmental Noise Directive (Directive 2002/49/EC). Earth Summit (2002) Johannesburg Declaration on Sustainable Development EU (2008) The Air Quality Directive EU (2006) European Employment Strategy. EU (2007) Floods Directive EC (2007) Together for Health: A Strategic Approach for the EU 2008-2013 EU (2008) Directive on Waste (2006/12/EC, Waste Framework Directive) EU (2010) The Industrial Emissions Directive EU (2011) EU Biodiversity Strategy to 2020 – towards implementation. EU (2013) Seventh Environmental Action Programme to 2020 ‘Living well, within the limits of our planet’. EU (2015) Invasive Alien Species Regulation (1143/2014/EU). UNFCCC (1997) Kyoto Protocol to the UN Framework Convention on Climate Change UNFCCC (2009) Copenhagen Accord (Climate Change) Council of Europe (2006) European Landscape Convention Council of Europe (1985) Convention on the Protection of the Architectural Heritage of Europe
National
Committee on Climate Change (2017) UK Climate Change Risk Assessment. DCLG (2011) The Localism Act DCLG (2011) The Community Infrastructure Levy Regulations DCLG (2012) National Planning Policy Framework (NPPF) DCLG (2012) National Planning Policy Framework Technical Guidance DCLG (2012) Planning Policy for Traveller Sites DCLG (2014) Planning Practice Guidance
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DCLG (2014) National Planning Policy for Waste DCLG (2014) Written Statement on Sustainable Drainage Systems DCLG (2017) Fixing Our Broken Housing Market DECC (2008) UK Climate Change Act 2008 DCMS (2007) Heritage Protection for the 21st Century DCMS 2013: Scheduled Monuments and Nationally Important but Non-Scheduled Monuments Defra (2003) The Water Environment (Water Framework Directive) (England and Wales) Regulations Defra (2007) Guidance for Local Authorities on Implementing Biodiversity Duty Defra (2007) The Air Quality Strategy for England, Scotland, Wales and Northern Ireland (Volume 2) Defra (2008) Future Water, the Government’s Water Strategy for England (Feb 08) Defra (2009) Safeguarding our Soils: A Strategy for England Defra (2011) Government Review of Waste Policy in England Defra (2011) Natural Environment White Paper; The natural choice: securing the value of nature Defra & HM Government (2011) Water White Paper; Water for Life Defra and Environment Agency (2011) National Flood and Coastal Erosion Risk Management Strategy for England Defra (2011) Securing the Future: Delivering UK Sustainable Development Strategy Department for Culture, Media and Sport (DCMS) (2001) The Historic Environment: A Force for our Future Historic England (2015) Historic Environment Good Practice Advice in Planning Notes 1 to 3. HM Government (2006) Climate Change: The UK Programme HM Government (2010) The Air Quality Standards 2010 HM Government (2010) Flood and Water Management Act, 2010 HM Government (2012) Draft Water Bill HM Government (1979) Ancient Monuments and Archaeological Areas Act. HM Government (1981) Wildlife and Countryside Act. HM Government (1990) Planning (Listed Building and Conservation Areas) Act. HM Government (2000) Countryside and Rights of Way Act 2000. HM Government (2003) Sustainable Energy Act. HM Government (2004 and revised 2006) Housing Act. HM Government (2005) Securing the future - delivering UK sustainable development strategy. HM Government (2006) The Natural Environment and Rural Communities (NERC) Act 2006. HM Government (2008) The Climate Change Act 2008. HM Government (2008) The Planning Act. HM Government (2009) The UK Renewable Energy Strategy. HM Government (2010) The Government’s Statement on the Historic Environment for England. HM Government (2010) Flood and Water Management Act 2010. HM Government (2010) White Paper: Healthy Lives, Healthy People: Strategy for Public Health in England. HM Government (2011) The Localism Act. HM Government (2011) Water for Life: White Paper. HM Government (2011) UK Marine Policy Statement. HM Government (2011) Carbon Plan: Delivering our Low Carbon Future. HM Government (2011) Water for Life, White Paper. HM Government (2013) The Community Infrastructure Levy (Amendment) Regulations 2013. HM Government (2014) Water Act. HM Government (2015) Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015. HM Government (2015) Government Response to the Committee on Climate Change. HM Government (2016) Environmental Permitting (England and Wales) Regulations 2016. HM Government (2017) The Conservation of Habitats and Species Regulations 2017. HM Government (2017) Heritage Statement HM Government (2018) A Green Future: Our 25 Year Plan to Improve the Environment. Department for Education (DFE) (2014) Home to School Travel and Transport Guidance. DFE (2016) Strategy 2015 – 2020: World Class Education and Care. DfT (2008) Delivering a Sustainable Transport System (DaSTS). English Heritage (2008) Conservation Principles, Policies and Guidance English Nature: Climate Change Space for Nature (2006) Environment Agency (2009) Water for people and the environment - Water resources strategy for England and Wales. Environment Agency (2011) National Flood and Coastal Erosion Risk Management Strategy for England. Environment Agency (2013) Managing Water Extraction (updated 2016). Forestry Commission (2005): Trees and Woodlands Nature's Health Service Forestry Commission (2016) Corporate Plan 2016-2017. NHS (2014) Five Year Forward View. NHS (2017) Next Steps on the Five Year Forward View.
Regional
Severn Trent Water Resources Management Plan (2014) Severn Trent Water Sewage Management Plan (2009) Tame, Anker and Mease Abstraction Licensing Strategy (2013) The Wildlife Trust for Birmingham and the Black Country (2017) Birmingham and Black Country Nature Improvement Area Ecological Strategy 2017-2022 Environment Agency Humber River Basin Management Plan (2009) and The Tame, Anker and Mease Management Catchment consultation (2014) Environment Agency Trent Catchment Flood Management Plan (2010) Environment Agency (2015) Severn River Basin District River Basin Management Plan Energy Capital (2018) a Regional Approach to Clean Energy Innovation The Greater Birmingham and Solihull Local Enterprise Partnership Strategy (2013)
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Greater Birmingham & Solihull Local Enterprise Partnership (2016) Strategic Economic Plan 2016-2030 The 7 Authorities of the West Midlands Metropolitan Area (2011) West Midlands Local Transport Plan Environment Agency (2009) A Water Resources Strategy Regional Action Plan for the West Midlands Region Forestry Commission (2004) West Midlands Regional Forestry Framework Energy Capital (2017) A Vision for the West Midlands – Renewable and Energy Efficient Future Natural England (2012) National Character Area profile no. 67: Cannock Chase and Cank Wood Natural England (2012) National Character Area profile no. 97: Arden Peter Brett Associates LLP (2014) GBSLEP Joint Strategic Housing Study West Midlands Combined Authority (2017) West Midlands Roadmap to a Sustainable Future in 2020 (Annual Monitoring Report) West Midlands Combined Authority (2017) Thrive West Midlands – An Action Plan to drive better mental health and wellbeing in the West Midlands
Local
Birmingham City Council (1992) Moseley and Sparkhill: Area of restraint Birmingham City Council (1994) Handsworth, Sandwell and Soho: Areas of restraint Birmingham City Council (1999) Wheelwright Road: Area of restraint Birmingham City Council (2005) Developing Birmingham: An Economic Strategy for the City 2005-2015 Birmingham City Council (2006) Air Quality Action Plan Birmingham City Council (2006) Municipal Waste Management Strategy. Birmingham City Council (2007) Sustainable Management of Urban Rivers and Floodplains SPD Birmingham City Council (2008) Birmingham Private Sector Housing Strategy 2008+ (updated 2010) Birmingham City Council (2008) Contaminated Land Inspection Strategy for Birmingham Second Edition Birmingham City Council (2010) Birmingham Climate Change Action Plan 2010+ Birmingham and Black Country Biodiversity Partnership (2010) Birmingham and the Black Country Biodiversity Action Plan Birmingham City Council (2011) Birmingham Multi Agency Flood Plan Birmingham City Council (2012) Level 1 & 2 Strategic Flood Risk Assessment Birmingham City Council (2013) Green Living Spaces Strategy Birmingham City Council (2013) Carbon Roadmap Birmingham City Council (2013) Birmingham Health and Well-being Strategy Birmingham City Council (2014) Local Flood Risk Management Strategy Birmingham City Council (2014) Gypsy and Traveller Accommodation Assessment Birmingham City Council (2014) Selly Oak, Edgbaston and Harborne: Houses in Multiple Occupation Article 4 Birmingham City Council (2014-19) Birmingham Heritage Strategy Birmingham City Council (2015) Corporate Emergency Plan Birmingham City Council (2015) Surface Water Management Plan Birmingham City Council (2017) Air Quality Annual Status Report Birmingham City Council (2017) Birmingham Development Plan Birmingham City Council (2006) Access for People with Disabilities SPD Birmingham City Council (2001) Affordable Housing SPG Birmingham City Council (1993) Car park design guide Birmingham City Council (2012) Car Parking guidelines SPD Birmingham City Council (2007) Extending your home: Home extensions guide Birmingham City Council (2000) Floodlighting of sports facilities, car parks and secure areas Birmingham City Council (2003) High Places Birmingham City Council (2008) Large format banner advertisements SPD Birmingham City Council (2008) Lighting Places Birmingham City Council (1999) Location of advertisement hoardings Birmingham City Council (2006) Loss of industrial land SPD Birmingham City Council (2008) Mature suburbs Birmingham City Council (2000) Parking of vehicles at commercial and industrial premises adjacent to residential property Birmingham City Council (2006) The Future of Birmingham’s Parks and Open Space Strategy Birmingham City Council (2001) Places for all Birmingham City Council (2001) Places for living Birmingham City Council (2011) Places of worship Birmingham City Council (2007) Public open space in new residential development SPD Birmingham City Council (1996) Shopfronts design guide Birmingham City Council (2012) Shopping and Local Centres SPD Birmingham City Council (2001) Specific needs residential uses SPG Birmingham City Council (2008) Telecommunications development mobile phone infrastructure SPD Birmingham City Council (2018) Council Plan and Budget 2018+ Birmingham City Council (2014) Birmingham Connected White Paper Birmingham City Council (2008) Sustainable Community Strategy Birmingham City Council (2012) Employment Land Review Birmingham City Council (2013) Employment Land and Office Targets Birmingham City Council (2013) Strategic Housing Market Assessment Birmingham City Council (2018) SHLAA 2017 Birmingham City Council (2008) Statement of Community Involvement Birmingham City Council (2017) Birmingham Cultural Strategy
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Table 2.2 The Relationship between Plans, Programmes and Strategies and the Sustainability Objectives
Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
International
EU Directive on the Identifies 181 endangered species and sub-species for which the Member Incorporated in Conservation of Wild States are required to designate Special Protection Areas. Sustainability Birds (79/409/EEC) Makes it a legal requirement that EU countries make provision for the Objective 4. protection of birds. This includes the selection and designation of Special Protection Areas. Target Actions include: Creation of protected areas; Upkeep and management; and Re-establishment of destroyed biotopes. EU Directive on the Directive seeks to conserve natural habitats. Conservation of natural habitats Incorporated in Conservation of Natural requires member states to identify special areas of conservation and to Sustainability Habitats and of Wild maintain, where necessary landscape features of importance to wildlife and Objective 4. Fauna and Flora flora. (92/43/EEC) & The amendments in 2007: Subsequent Amendments Simplify the species protection regime to better reflect the Habitats Directive; Provide a clear legal basis for surveillance and monitoring of European protected species (EPS); Toughen the regime on trading EPS that are not native to the UK; and Ensure that the requirement to carry out appropriate assessments on water abstraction consents and land use plans is explicit.
EU Directive on Waste Promotes the development of clean technology to process waste, promoting Incorporated in (Directive 75/442/EEC, recycling and re-use. Sustainability 2006/12/EC 2008/98/EC Objective 6. as amended) The Directive contains a range of provision including: The setting up of separate collections of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant recycling sectors – including by 2015 separate collection for at least paper, metal, plastic and glass. Household waste recycling target – the preparing for re-use and the recycling of waste materials such as at least paper, metal, plastic and glass from households and possibly other origins as far as these waste streams are similar to waste from households, must be increased to a minimum of 50% by weight by 2020. Construction and demolition waste recovery target – the preparing for re-use, recycling and other material recovery of non-hazardous construction and demolition waste must be increased to a minimum of 70% by weight by 2020. EU (1992) Conservation The main aim of the Habitats Directive is to promote the maintenance of Incorporated in of Natural Habitats and biodiversity by requiring Member States to take measures to maintain or Sustainability Wild Fauna and Flora restore natural habitats and wild species listed on the Annexes to the Directive Objective 4 (92/43/EEC, Habitats at a favourable conservation status, introducing robust protection for those Directive). habitats and species of European importance. In applying these measures Member States are required to take account of economic, social and cultural requirements, as well as regional and local characteristics. EU Packaging and This Directive aims to harmonize national measures concerning the Incorporated in Packaging Waste management of packaging and packaging waste in order, on the one hand, to Sustainability Directive (94/62/EC) prevent any impact thereof on the environment of all Member States as well as Objective 6. of third countries or to reduce such impact, thus providing a high level of environmental protection, and, on the other hand, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community. To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
No later than five years from the date by which this Directive must be implemented in national law (1996), between 50 % as a minimum and 65 % as a maximum by weight of the packaging waste will be recovered. Within this general target, and with the same time limit, between 25 % as a minimum and 45 % as a maximum by weight of the totality of packaging materials contained in packaging waste will be recycled with a minimum of 15 % by weight for each packaging material. EU (1996) Ambient Air The Directive ensures that where pollutants exceed certain limit values, Incorporated in Quality Assessment and Member States take action to reduce pollution down to the limit values. The list Sustainability Management (96/62/EC, of atmospheric pollutants to be considered includes: sulphur dioxide, nitrogen Objective 6 Air Quality Framework dioxide, particulate matter, lead, ozone, benzene, carbon monoxide, poly- Directive). aromatic hydrocarbons, cadmium, arsenic, nickel and mercury. Objectives: Obtain adequate information on ambient air quality; and Maintain ambient air quality where it is good, and improve air quality where it is bad. EU (1998) Aarhus The Aarhus Convention establishes a number of rights of the public (individuals Incorporated in Convention and their associations) with regard to the environment. The Parties to the Sustainability Convention are required to make the necessary provisions so that public Objective 15 authorities (at national, regional or local level) will contribute to these rights to become effective. The Convention provides for: The right of everyone to receive environmental information that is held by public authorities ("access to environmental information"). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Applicants are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession; The right to participate in environmental decision-making. Arrangements are to be made by public authorities to enable the public affected and environmental non-governmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it ("public participation in environmental decision-making"); The right to review procedures to challenge public decisions that have been made without respecting the two aforementioned rights or environmental law in general ("access to justice"). EU Drinking Water Provides for the quality of drinking water. Incorporated in Directive (98/83/EC) The standards are legally binding. Sustainability Objective 6.
EU Directive on the Sets out requirements to ensuring that where landfilling takes place the Incorporated in Landfill of Waste environmental impacts are understood and mitigated against. Sustainability (99/31/EC) By 2006 biodegradable municipal waste going to landfills must be reduced to Objective 6. 75% of the total amount (by weight) of biodegradable municipal waste produced in 1995 or the latest year before 1995 for which standardised Eurostat data is available. EU (2000) Directive on The Directive establishes an integrated approach to protection, improvements Incorporated in Establishing a Framework and sustainable use of water bodies, introducing a statutory system of analysis Sustainability for Community Action in and planning based upon the river basin. Objectives 5 and 6 the Field of Water Policy The Directive imposes a statutory responsibility on Member States to ensure all (2000/60/EC, The Water water bodies meet certain water quality standards. The four main stages of Framework Directive). implementation are: Environmental and economic assessment (‘Characterisation’) of river basin districts including identification of pressures and impacts; Environmental monitoring based on river basin district characterisation; Setting of environmental objectives; and Designing and carrying out a programme of measures to achieve these environmental objectives.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Targets: All water bodies in all Member States are to reach ‘Good Ecological Status’ by 2015. Good ecological status applies to natural water bodies and is defined as a slight variation from undisturbed natural conditions. Some water bodies are designated as ‘artificial’ or ‘heavily modified’. This is because they may have been created or modified for a particular use such as water supply, flood protection, navigation or urban infrastructure. By definition, artificial and heavily modified water bodies are not able to achieve natural conditions. Instead the classification and objectives for these water bodies, and the biology they represent, are measured against ‘ecological potential’ rather than status. For an artificial or heavily modified water body to achieve good ecological potential, its chemistry must be good. In addition, any modifications to the structural or physical nature of the water body that harm biology must only be those essential for its valid use. All other such modifications must have been altered or managed to reduce or remove their adverse impact, so that there is the potential for biology to be as close as possible to that of a similar natural water body. EU 2001/42/EC on the The SEA Directive provides the following requirements for consultation: Directive sets the Assessment of the Effects Authorities which, because of their environmental responsibilities, are basis for SEA as a of Certain Plans and whole and therefore Programmes on the likely to be concerned with the effects of implementing the plan or programme, must be consulted on the scope and level of detail of the Indirectly covers all Environment (SEA information to be included in the Environmental Report. These authorities objectives. Directive) are designated in the SEA Regulations as the Consultation Bodies (Consultation Authorities in Scotland). The public and the Consultation Bodies must be consulted on the draft plan or programme and the Environmental Report, and must be given an early and effective opportunity within appropriate time frames to express their opinions. Other EU Member States must be consulted if the plan or programme is likely to have significant effects on the environment in their territories. EU (2005) Clean Air The strategy aims to extend clean air laws into new sectors - agriculture and Incorporated in Strategy. transport - that were not covered before, targeting five main pollutants including Sustainability fine-dust particles which are most harmful to human health. Objective 6
EU (2008) Directive on The directive requires all Member States to take the necessary measures to Incorporated in Waste (2006/12/EC, ensure waste is recovered or disposed of without endangering human health or Sustainability Waste Framework causing harm to the environment and includes permitting, registration and Objective 6 Directive). inspection requirements. The directive also requires Member States to take appropriate measures to encourage firstly, the prevention or reduction of waste production and its harmfulness and secondly the recovery of waste by means of recycling, re-use or reclamation or any other process with a view to extracting secondary raw materials, or the use of waste as a source of energy. The directive’s overarching requirements are supplemented by other directives for specific waste streams. EU (2010) The Industrial The Johannesburg Declaration on Sustainable Development was adopted at The principles of Emissions Directive the World Summit on Sustainable Development (WSSD), sometimes referred sustainable to as Earth Summit 2002, at which the Plan of Implementation of the World development are Summit on Sustainable Development was also agreed upon. included in all of the The Johannesburg Declaration builds on earlier declarations made at the sustainability United Nations Conference on the Human Environment at Stockholm in 1972, objectives. and the Earth Summit in Rio de Janeiro in 1992. While committing the nations of the world to sustainable development, it also includes substantial mention of multilateralism as the path forward. In terms of the political commitment of parties, the Declaration is a more general statement than the Rio Declaration. It is an agreement to focus particularly on "the worldwide conditions that pose severe threats to the sustainable development of our people, which include: chronic hunger; malnutrition; foreign occupation; armed conflict; illicit drug problems; organized crime; corruption; natural disasters; illicit arms trafficking; trafficking in persons; terrorism; intolerance and incitement to racial, ethnic, religious and other hatreds; xenophobia; and endemic, communicable and chronic diseases, in particular HIV/AIDS, malaria and tuberculosis." Johannesburg Declaration UNFCCC (1997) Kyoto The protocol shares the Convention’s objective (to achieve stabilisation of Incorporated in Protocol to the UN greenhouse gas concentrations in the atmosphere at safe levels, so that Sustainability ecosystems can adapt naturally, and food supply is not threatened) but Objective 5
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Framework Convention strengthens the convention by committing Countries to legally-binding targets on Climate Change. to limit or reduce their greenhouse gas emissions.
UNFCCC (2009) The Copenhagen Accord is a treaty that is to take over from the Kyoto Incorporated in Copenhagen Accord Protocol’s targets, as of when it expires in 2012, for curbing the growth in Sustainability (Climate Change). greenhouse gas emissions sufficiently to avoid climate change impacts Objective 5 projected by the IPCC. The Copenhagen Accord commits Countries to legally binding targets including: To reduce global emissions so as to hold the increase in global temperature below 2˚C; Commit developed countries to reducing greenhouse gas emissions; Projects to reduce greenhouse gas emissions in developing countries will be subject to international monitoring if they are internationally funded; Provide developing countries with financial incentives to preserve forests; and Implementation of the Accord to be reviewed in 2015 and an assessment to be made on whether the goal of keeping global temperature rise within 2˚C needs to be strengthened to 1.5˚C.
Council of Europe (2006) Aims to promote the protection, management and planning of Europe's Incorporated in European Landscape landscapes, both rural and urban, and to foster European co-operation on Sustainability Convention landscape issues. Objective 4
Council of Europe (1985) This convention commits signatories to protect their architectural heritage by Incorporated in Convention on the means of identifying monuments, buildings and sites to be protected; Sustainability Protection of the preventing the disfigurement, dilapidation or demolition of protected properties; Objective 4 Architectural Heritage of providing financial support by the public authorities for maintaining and Europe restoring the architectural heritage on its territory; and supporting scientific research for identifying and analysing the harmful effects of pollution and for defining ways and means to reduce or eradicate these effects.
EU (2007) Floods The Floods Directive aims to provide a consistent approach to managing flood Incorporated in Directive risk across Europe. The approach is based on a 6 year cycle of planning which Sustainability includes the publication of Preliminary Flood Risk Assessments, hazard and Objective 5 risk maps and flood risk management plans. The Directive is transposed into English law by the Flood Risk Regulations 2009.
EU (1991) Urban Waste The Directive aims to protect the environment from the adverse effects of urban Incorporated in Water Treatment waste water discharges and discharges from certain industrial sectors and Sustainability Directive. concerns the collection, treatment and discharge of: Objective 6 Domestic Waste Water; Mixture of Waste Water; and Waste Water from Certain Industrial Sectors. There are four main principles: planning, regulation, monitoring, and information and reporting.
European Commission The Directive aims to prevent or reduce as far as possible negative effects on Incorporated in (1999) The Landfill the environment, in particular the pollution of surface water, groundwater, soil Sustainability Directive. and air, and on the global environment, including the greenhouse effect, as well Objectives 1 and 6 as any resulting risk to human health, from the landfilling of waste, during the whole lifecycle of the landfill.
EC (2007)Together for The Strategy aims to provide an overarching strategic framework spanning Incorporated in Health: A Strategic core issues in health as well as health in all policies and global health issues. Sustainability Approach for the EU Objective 13 2008-2013
The Pan-European The strategy aims to address degradation of biological and landscape diversity Incorporated in Biological and Landscape across Europe reinstating these assets where possible. Sustainability Diversity Strategy (1995) Objective 4
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National
CLG (2012) National The general thrust of the NPPF is aimed at contributing towards sustainable Incorporated in Planning Policy development through the planning system. There is a presumption in favour of Sustainability Framework (NPPF) sustainable development “which should be seen as a golden thread running Objectives 1 - 15 through both plan-making and decision-taking.” There are three dimensions as to how the government aims to achieve sustainable development which gives rise to the need for the planning system to perform in a number of roles. These roles are based around economic, environmental and social roles.
NPPF – Biodiversity, The NPPF sets out 12 core planning principles for plan and decision making, Incorporated in Geodiversity and Soil including: ‘Conserving and enhancing the natural environment’. The planning Sustainability system should contribute and enhance the natural and local environment by: Objectives 1, 4 and 6 Protecting and enhancing valued landscapes, geological conservation interests and soils; Recognising the wider benefits of ecosystem services; Minimising impacts on biodiversity and providing net gains in biodiversity where possible, including by establishing coherent ecological networks that are more resilient to current and future pressures; Preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and Remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate. Plans and decisions should encourage effective use of brownfield sites and take into account the economic benefits of agricultural land when assessing development, seeking to utilise areas of poorer quality land. Local planning authorities should plan positively for creation, protection, enhancement and management of networks of biodiversity and green infrastructure. Planning and decision making should occur at a landscape scale across local authority boundaries and assess noise, air and light pollution, considering cumulative impacts. Local planning authorities should protect and enhance biodiversity specifically regarding priority species/habitats, protected sites and potential/proposed/possible protected sites.
NPPF – Landscape The NPPF sets out 12 core planning principles for plan and decision making, Incorporated in including: ‘Conserving and enhancing the natural environment’. The planning Sustainability system should contribute and enhance the natural and local environment by: Objective 4 Protecting and enhancing valued landscapes, geological conservation interests and soils; Recognising the wider benefits of ecosystem services; Minimising impacts on biodiversity and providing net gains in biodiversity where possible, including by establishing coherent ecological networks that are more resilient to current and future pressures; Preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and Remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate. Plans and decisions should encourage effective use of brownfield sites and take into account the economic benefits of agricultural land when assessing development, seeking to utilise areas of poorer quality land. Local planning authorities should plan positively for creation, protection, enhancement and management of networks of biodiversity and green infrastructure. Planning and decision making should occur at a landscape scale across local authority boundaries and assess noise, air and light
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pollution, considering cumulative impacts. Local planning authorities should protect and enhance biodiversity specifically regarding priority species/habitats, protected sites and potential/proposed/possible protected sites.
NPPF – Cultural One of the NPPF’s 12 core planning principles for plan and decision making is Incorporated in Environment the conservation and enhancement of the historic environment. Local planning Sustainability authorities are required to set out a positive strategy for the conservation and Objective 4 enjoyment of the historic environment, including heritage assets most at risk through neglect, decay or other threats. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional. Non-designated heritage assets of archaeological interest that are demonstrably of equivalent significance to scheduled monuments, should be considered subject to the policies for designated heritage assets. Proposals that preserve the setting, reveal the significance of the asset or make a positive contribution should be treated favourably.
NPPF – Water Among the NPPF’s core principles are ‘conserving and enhancing the natural Incorporated in environment’ and ‘meeting the challenge of climate change, flooding and Sustainability coastal change’; In fulfilling these objectives, the planning system should Objectives 5 and 6 contribute to and enhance the natural and local environment by: preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability. In preparing plans to meet development needs, the aim should be to minimise pollution and other adverse effects on the local and natural environment. Local planning authorities should adopt proactive strategies to mitigate and adapt to climate change, taking full account of flood risk, coastal change and water supply and demand considerations. Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. Local Plans should be supported by Strategic Flood Risk Assessment and develop policies to manage flood risk from all sources, taking account of advice from the Environment Agency and other relevant flood risk management bodies, such as lead local flood authorities and internal drainage boards. Local Plans should apply a sequential, risk-based approach to the location of development to avoid where possible flood risk to people and property and manage any residual risk, taking account of the impacts of climate change, by: Applying the Sequential Test; If necessary, applying the Exception Test; Safeguarding land from development that is required for current and future flood management; Using opportunities offered by new development to reduce the causes and impacts of flooding; and. Where climate change is expected to increase flood risk so that some existing development may not be sustainable in the long-term, seeking opportunities to facilitate the relocation of development, including housing, to more sustainable locations.
NPPF – Climate Change One of the core principles of the NPPF is meeting the challenge of climate Incorporated in change, flooding and coastal change and encourages the adoption of proactive Sustainability strategies to mitigate and adapt to climate change in line with the objectives Objective 5 and provisions of the Climate Change Act 2008, taking full consideration of flood risk, coastal change and water supply and demand. The NPPF also supports low carbon future by helping to increase the use of renewable and low carbon sources in line with the National Policy Statement for Renewable Energy Infrastructure. It seeks to ensure that all types of flood risk is taken into account over the long term at the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk.
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NPPF - Air Quality This Directive aims to improve air quality throughout Europe by controlling the Incorporated in level of certain pollutants and monitoring their concentrations. In particular the Sustainability Directive aims to establish levels for different air pollutants; draw up common Objective 6 methods for assessing air quality; methods to improve air quality; and make sure that information on air quality is easily accessible to Member States and the public.
NPPF - Minerals and One of the core principles of the NPPF is facilitating the sustainable use of Incorporated in Waste minerals. Policy guidance suggests the need to: Identify policies for existing Sustainability and new sites of national importance, the definition of Mineral Safeguarding Objective 1 Areas so that locations of mineral sources are not sterilised by other developments, safeguarding of existing and planned mineral infrastructure (rail links, wharfage, storage, processing etc.), environmental criteria to ensure there is not an unacceptable environmental impact and policies for reclaiming land and site aftercare.
NPPF - Economy One of the NPPF’s core planning principles for plan and decision making is Incorporated in building a strong competitive economy. The NPPF highlights the Government’s Sustainability commitment to securing economic growth to create jobs and prosperity, Objectives 7 – 10 ensuring the planning system does everything it can to support sustainable economic growth. Local planning authorities are required to proactively meet development needs recognising potential barriers to invest (including infrastructure, housing and services) and regularly review land allocations. Economic growth in rural areas should be supported to create jobs and sustainable new developments, including expansion of all types of businesses, diversification of agriculture, supporting tourism and retention of local services. In drawing up local plans, local authorities should: Set out a clear economic vision and strategy for their area which positively and proactively encourages sustainable economic growth; Set criteria, or identify strategic sites, for local and inward investment to match the strategy and to meet anticipated needs over the plan period; Support existing business sectors, taking account of whether they are expanding or contracting and, where possible, identify and plan for new or emerging sectors likely to locate in their area. Policies should be flexible enough to accommodate needs not anticipated in the plan and to allow a rapid response to changes in economic circumstances; Plan positively for the location, promotion and expansion of clusters or networks of knowledge driven, creative or high technology industries; Identify priority areas for economic regeneration, infrastructure provision and environmental enhancement; and Facilitate flexible working practices such as the integration of residential and commercial uses within the same unit.
NPPF – Housing Two of the NPPF’s core principles is the delivery of a wide choice of high Incorporated in quality homes and requiring good design. Local planning authorities are Sustainability required to significantly boost the supply of housing through: Objective 12 Affordable and meeting needs of the market, identifying accessible sites for 5, 6-10 and 11-15 years’ worth of housing/growth; Illustrating the expected rate of housing delivery through a housing trajectory and set out a strategy; Deliver high quality housing, widen opportunities for home ownership and create sustainable inclusive and mixed communities; Making allowance for windfall sites on the basis that such sites are consistently available; Resisting inappropriate development of residential gardens; and Avoid isolated country homes unless they were truly outstanding or innovative in design or enhance the surroundings. Sustainable development in rural areas housing should be located where it will enhance or maintain the vitality of rural communities.
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Planning policies and decisions should aim to ensure that developments: Will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; Establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; Create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and Are visually attractive as a result of good architecture and appropriate landscaping.
NPPF - Health Amongst the planning principles of the NPPF is the promotion of healthy Incorporated in communities. The framework sets out open space, sport and recreation Sustainability considerations for neighbourhood planning bodies which include an Objective 13 assessment of needs and opportunities; setting local standards; maintaining an adequate supply of open space and sports and recreational facilities; planning for new open space and sports and recreational facilities; and planning obligations. Local and neighbourhood plans should identify community green spaces of particular importance (including recreational and tranquillity) to them, ensuring any development of these areas is ruled out in a majority of circumstances.
NPPF – Transport & Amongst the 12 planning principles of the NPPF are: Incorporated in Accessibility Sustainability Promoting sustainable transport; Support sustainable transport Objective 3 development including infrastructure, large scale facilities, rail freight, roadside facilities, ports and airports. Protecting and exploiting opportunities for sustainable transport modes, including designing and locating developments to maximise sustainable modes and minimise day to day journey lengths.
NPPF – Quality of Life One of the 12 core planning principles of the NPPF is: Promoting healthy Incorporated in communities, and Supporting high quality communications infrastructure. The Sustainability NPPF argues that the planning system can play an important role in facilitating Objectives 12 - 15 social interaction and creating healthy, inclusive communities. Local planning authorities should create a shared vision with communities of the residential environment and facilities they wish to see. Local policies and decisions should therefore promote: Safe and accessible environments and developments. Opportunities for members of the community to mix and meet. Plan for development and use of high quality shared public space. Guard against loss of facilities. Ensure established shops can develop in a sustainable way. Ensure integrated approach to housing and community facilities and services. Local and neighbourhood plans should identify community green spaces of particular importance (including recreational and tranquillity) to them, ensuring any development of these areas is ruled out in a majority of circumstances. The framework sets out open space, sport and recreation considerations for neighbourhood planning bodies. These include an assessment of needs and opportunities; setting local standards; maintaining an adequate supply of open space and sports and recreational facilities; planning for new open space and sports and recreational facilities; and planning obligations.
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CLG (2012) NPPF Provides technical detail the ‘sequential test’ to assist with fulfilling the Incorporated in Technical Guidance requirements set out in the NPPF on ensuring that inappropriate development Sustainability in areas at risk of flooding should be avoided by directing development away Objective 1 from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere.
CLG (2011) The Localism The Localism Bill includes five key measures that underpin the Government's Incorporated in Act approach to decentralisation. Sustainability Objectives 11 - 15 Community rights; Neighbourhood planning; Housing; General power of competence; and Empowering cities and other local areas.
CLG (2011) The The Community Infrastructure Levy is a new levy that local authorities in Incorporated in Community Infrastructure England and Wales can choose to charge on new developments in their area. Sustainability Levy Regulations The money can be used to support development by funding infrastructure that Objectives 11 - 15 the council, local community and neighbourhoods want - for example new or safer road schemes, park improvements or a new health centre. The system applies to most new buildings and charges are based on the size and type of the new development.
DCLG (2014) Planning This document sets out the Government’s planning policy for Traveller sites. It Incorporated in Policy for Traveller Sites identifies the following aims: Sustainability (updated August 2015) That local planning authorities should make their own assessment of need Objective 12. for the purposes of planning; To ensure that local planning authorities, working collaboratively, develop fair and effective strategies to meet need through the identification of land for sites; To encourage local planning authorities to plan for sites over a reasonable timescale; That plan-making and decision-taking should protect Green Belt from inappropriate development; To promote more private Traveller site provision while recognising that there will always be those Travellers who cannot provide their own sites; That plan-making and decision-taking should aim to reduce the number of unauthorised developments and encampments and make enforcement more effective; For local planning authorities to ensure that their Local Plan includes fair, realistic and inclusive policies; To increase the number of Traveller sites in appropriate locations with planning permission, to address under provision and maintain an appropriate level of supply; To reduce tensions between settled and Traveller communities in plan making and planning decisions; To enable provision of suitable accommodation from which Travellers can access education, health, welfare and employment infrastructure; and For local planning authorities to have due regard to the protection of local amenity and local environment.
DCLG (2014) Planning Planning Practice Guidance is designed to support the NPPF. It reflects the All of the Objectives Practice Guidance objectives of the NPPF which are not repeated here. reflect NPPF and PPG.
DCLG (2014) National This document sets out detailed waste planning policies for local authorities. Incorporated in Planning Policy for Waste States that planning authorities need to: Sustainability Use a proportionate evidence base in preparing Local Plans. Objective 6 Identify sufficient opportunities to meet the identified needs of their area for the management of waste streams. Identifying suitable sites and areas. The overall objective of the document is to work towards a more sustainable and efficient approach to resource use and management. Planning plays a
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pivotal role e.g. by ensuring the design and layout of new development and other infrastructure complements sustainable waste management.
DCLG (2014) Written This statement sets out that it is the Government’s expectation that sustainable Incorporated in Statement on Sustainable drainage systems will be provided in new developments wherever this is Sustainability Drainage Systems appropriate. Objective 6.
DCLG (2017) Fixing Our The White Paper makes the following proposals as ‘step 1’: Incorporated in Broken Housing Market Making sure every part of the country has an up-to-date, sufficiently Sustainability ambitious plan so that local communities decide where development Objective 12. should go; Simplifying plan-making and making it more transparent, so it’s easier for communities to produce plans and easier for developers to follow them; Ensuring that plans start from an honest assessment of the need for new homes, and that local authorities work with their neighbours, so that difficult decisions are not ducked; Clarifying what land is available for new housing, through greater transparency over who owns land and the options held on it; Making more land available for homes in the right places, by maximising the contribution from brownfield and surplus public land, regenerating estates, releasing more small and medium-sized sites, allowing rural communities to grow and making it easier to build new settlements; Maintaining existing strong protections for the Green Belt, and clarifying that Green Belt boundaries should be amended only in exceptional circumstances when local authorities can demonstrate that they have fully examined all other reasonable options for meeting their identified housing requirements; Giving communities a stronger voice in the design of new housing to drive up the quality and character of new development, building on the success of neighbourhood planning; and Making better use of land for housing by encouraging higher densities, where appropriate, such as in urban locations where there is high housing demand; and by reviewing space standards. DECC (2008) UK Climate The 2008 Climate Change Act seeks to manage and respond to climate Incorporated in Change Act 2008. change in the UK, by: Sustainability Objective 5 Setting ambitious, legally binding targets; Taking powers to help meet those targets; Strengthening the institutional framework; Enhancing the UK’s ability to adapt to the impact of climate change; and Establishing clear and regular accountability to the UK Parliament and to the devolved legislatures.
DCMS (2007) Heritage This White Paper responds to the public call for change, and to this changing Incorporated in Protection for the 21st policy context. It sets out a vision for a new heritage protection system. The Sustainability Century. proposals in the White Paper reflect the importance of the heritage protection Objective 4 system in preserving heritage for people to enjoy now and in the future. They are based around three core principles: Developing a unified approach to the historic environment; Maximising opportunities for inclusion and involvement; and Supporting sustainable communities by putting the historic environment at the heart of an effective planning system.
DCMS (2013) Scheduled This policy statement sets out Government policy on the identification, Incorporated in Monuments & Nationally protection, conservation and investigation of nationally important ancient Sustainability Important but Non- monuments, under the provisions of the Ancient Monuments and Objective 4. Scheduled Monuments Archaeological Areas Act 1979. It includes principles relating to the selection of scheduled monuments and the determination of applications for scheduled monument consent.
DCMS (2016) The Culture The White Paper is structured around four core themes: Incorporated in White Paper Everyone should enjoy the opportunities culture offers, no matter where Sustainability they start in life; Objective 4 The riches of our culture should benefit communities across the country;
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The power of culture can increase our international standing; and Cultural investment, resilience and reform.
DCMS (2017) Heritage This statement sets out how the government will support the heritage sector Incorporated in Statement and help it to protect and care for our heritage and historic environment in the Sustainability coming years. Objective 4
There are no formal targets or objectives in this statement. Defra (2003) The Water Requires all inland and coastal waters to reach “good status” by 2015. This is Incorporated in Environment (Water being done by establishing a river basin structure with ecological targets for Sustainability Framework Directive) surface waters. Objective 6 (England and Wales) Regulations
Defra (2006) The Natural The Act is primarily intended to implement key aspects of the Government’s Incorporated in Environment and Rural Rural Strategy published in July 2004; it also addresses a wider range of issues Sustainability Communities Act 2006 relating broadly to the natural environment. Objectives 4, 7, 8 The Act established an independent body – Natural England – responsible for and 9f conserving, enhancing and managing England’s natural environment for the benefit of current and future generations. The Act also established the Commission for Rural Communities (“the Commission”). The Commission will be an independent advocate, watchdog and expert adviser for rural England, with a particular focus on people suffering from social disadvantage and areas suffering from economic under- performance. It will provide information, advice, monitoring and reporting to Government and others on issues and policies affecting rural needs. The Act also reconstitutes the Joint Nature Conservation Committee and renames and reconstitutes the Inland Waterways Amenity Advisory Council (which becomes the Inland Waterways Advisory Council). In line with the 2004 Rural Strategy, the Act extends both the Secretary of State’s funding powers for functions within Defra’s remit, and the ability to authorise other bodies to carry out those functions. Public bodies for which Defra is responsible are given the power to enter agreements to enable various other designated bodies to perform functions on their behalf. These various powers are intended to be used to simplify and devolve delivery arrangements and to improve their effectiveness and efficiency. The Act makes provision in respect of biodiversity, pesticides harmful to wildlife and the protection of birds, and in respect of invasive non-native species. It alters enforcement powers in connection with wildlife protection, and extends time limits for prosecuting certain wildlife offences. It addresses a small number of gaps and uncertainties which have been identified in relation to the law on sites of special scientific interest. It amends the functions and constitution of National Park authorities, the functions of the Broads Authority and the law on rights of way.
Defra (2007) Guidance for The Duty is set out in Section 40 of the Natural Environment and Rural Incorporated in S Local Authorities on Communities Act (NERC) 2006, and states that: “Every public authority must, in Sustainability Implementing Biodiversity exercising its functions, have regard, so far as is consistent with the proper Objective 4 Duty exercise of those functions, to the purpose of conserving biodiversity”. Particular areas of focus include: Policy, Strategy and Procurement; Management of Public Land and Buildings; Planning, Infrastructure and Development; and Education, Advice and Awareness.
Defra (2007) The Air The Strategy sets out standards and objectives for the 8 main health- Incorporated in Quality Strategy for threatening air pollutants in the UK. The standards are based on an Sustainability England, Scotland, Wales assessment of the effects of each pollutant on public health. They are based Objective 6 and Northern Ireland on recommendations by the Expert Panel on Air Quality Standards, The (Volume 2). European Union Air Quality Daughter Directive and the World Health Organisation. Local Authorities are responsible for seven of the eight air pollutants under Local Air Quality Management (LAQM). National objectives have also been set for the eighth pollutant, ozone, as well as for nitrogen oxides and sulphur dioxide.
Defra (2007) The Air The Strategy: Incorporated in Quality Strategy for Sets out a way forward for work and planning on air quality issues; Sustainability Objectives 3 and 12.
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England, Scotland, Wales Sets out the air quality standards and objectives to be achieved; and Northern Ireland Introduces a new policy framework for tackling fine particles; and Identifies potential new national policy measures which modelling indicates could give further health benefits and move closer towards meeting the Strategy’s objectives. The Air Quality Strategy sets out objectives for a range of pollutants. As these are quite extensive they have not been reproduced here.
Defra (2007) Strategy for Key aims for government intervention in trees, woods and forests are: Incorporated in England's Trees, Woods To secure trees and woodlands for future generations; Sustainability and Forests Objective 4. To ensure resilience to climate change; To protect and enhance natural resources; To increase the contribution that trees, woods and forests make to our quality of life; and To improve the competitiveness of woodland businesses and products. These aims will form the basis on which the Delivery plan will be developed by Natural England and the Forestry Commission England (FCE). The strategy provides a national policy direction, which can be incorporated alongside regional priorities within regional forestry frameworks. Strategy aims to create 2,200 hectares of wet woodland in England by 2010.
Defra (2009) The Strategy is underpinned by the following vision: Incorporated in Safeguarding our Soils: A By 2030, all England’s soils will be managed sustainably and degradation Sustainability Strategy for England threats tackled successfully. This will improve the quality of England’s soils and Objective 4. safeguard their ability to provide essential services for future generations. Achieving this vision will mean that: Agricultural soils will be better managed and threats to them will be addressed; Soils will play a greater role in the fight against climate change and in helping us to manage its impacts; Soils in urban areas will be valued during development, and construction practices will ensure vital soil functions can be maintained; and Pollution of our soils is prevented, and our historic legacy of contaminated land is being dealt with. There are no specific objectives or targets in this strategy.
Defra (2011) Biodiversity This is a new biodiversity strategy for England that builds on the Natural Incorporated in 2020: A strategy for Environment White Paper and provides a comprehensive picture of the Sustainability England’s wildlife and Government is implementing the international and EU commitments. It sets out Objective 4 ecosystem the strategic direction for biodiversity policy for the next decade on land (including rivers and lakes) and at sea. The Strategy has as its mission to halt overall biodiversity loss, support healthy well-functioning ecosystems, and establish coherent ecological networks, with more and better places for nature for the benefit of wildlife and people.
Defra (2011) Review of Building on waste reduction targets established in the 2007 Waste Strategy, the Incorporated in Waste Policy in England Review sets out a range of commitments relating to: Sustainability Objective 2 Sustainable use of materials; Waste prevention, re-use and recycling; Regulation and enforcement; Householders and local authorities working together; Business waste collection; Energy recovery; Landfill; and Infrastructure and planning.
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Objectives: Defra (2008) Future Incorporated in By 2030 at the latest, we have: Water, the Government’s Sustainability Water Strategy for Improved the quality of our water environment and the ecology which it Objectives 5 and 6 England supports, and continued to provide high levels of drinking water quality from our taps; Sustainably managed risks from flooding and coastal erosion, with greater understanding and more effective management of surface water; Ensured a sustainable use of water resources, and implemented fair, affordable and cost reflective water charges; Cut greenhouse gas emissions; and Embedded continuous adaptation to climate change and other pressures across the water industry and water users. Targets: Key targets are within the objectives above and further a number of sub-targets are included within the document.
Defra (2009) The Soil Strategy for England provides a vision to guide future policy Incorporated in Safeguarding our Soils: A development across a range of areas and sets out the practical steps that are Sustainability Strategy for England needed to take to prevent further degradation of our soils, enhance, restore and Objective 1 ensure their resilience, and improve understanding of the threats to soil and best practice in responding to them. Key objectives of the strategy include: Better protection for agricultural soils; Protecting and enhancing stores of soil carbon; Building the resilience of soils to a changing climate; Preventing soil pollution; Effective soil protection during construction and development; and Dealing with the legacy of contaminated land.
Defra (2011) Natural The Natural Environment White paper sets out the Government’s plans to Incorporated in Environment White ensure the natural environment is protected and fully integrated into society Sustainability Paper; The natural and economic growth. The White Paper sets out four key aims: Objectives 4 and 7 choice: securing the value (i) protecting and improving our natural environment; of nature (ii) growing a green economy;
(iii) reconnecting people and nature; and (iv) international and EU leadership, specifically to achieve environmentally and socially sustainable economic growth, together with food, water, climate and energy security and to put the EU on a path towards environmentally sustainable, low-carbon and resource-efficient growth, which is resilient to climate change, provides jobs and supports the wellbeing of citizens.
Defra (2011) Biodiversity The Strategy is designed to help to deliver the Natural Environment White Incorporated in 2020: a Strategy for Paper and include the following priorities: Sustainability England’s Wildlife and Objective 3 Creating 200,000 hectares of new wildlife habitats by 2020; Ecosystem Services Securing 50% of SSSIs in favourable condition, while maintaining at least 95% in favourable or recovering condition; Encouraging more people to get involved in conservation by supporting wildlife gardening and outdoor learning programmes; and Introducing a new designation for local green spaces to enable communities to protect places that are important to them.
Defra & HM Government Water for Life describes a vision for future water management in which the Incorporated in (2011) Water White water sector is resilient, in which water companies are more efficient and Sustainability Paper; Water for Life customer focused, and in which water is valued as the precious and finite Objective 5 resource it is.
Defra & Environment The strategy describes what needs to be done by all organisations involved in Incorporated in Agency (2001) National flood and coastal erosion risk management. The strategy sets out a statutory Sustainability Flood and Coastal framework that will help communities, the public sector and other organisations Objective 5 Erosion Risk to work together to manage flood and coastal erosion risk.
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Management Strategy for England
HM Government (1979) The Act defines sites that warrant protection as ancient monuments. They can Incorporated in Ancient Monuments and be a Scheduled Ancient Monuments or "any other monument which in the Sustainability Archaeological Areas Act opinion of the Secretary of State is of public interest by reason of the historic, Objective 4. architectural, traditional, artistic or archaeological interest attaching to it". There are no specific targets or objectives identified.
HM Government (1981) The main UK legislation relating to the protection of named animal and plant Incorporated in Wildlife and Countryside species includes legislation relating to the UK network of nationally protected Sustainability Act wildlife areas: Site of Special Scientific Interest (SSSIs). Objective 4. There are no specific targets or objectives identified.
HM Government (1990) The Planning (Listed Buildings and Conservation Areas) Act 1990 provides Incorporated in Planning (Listed Building specific protection for buildings and areas of special architectural or historic Sustainability and Conservation Areas) interest. Objective 4. Act There are no specific targets or objectives identified.
HM Government (2000) This Act: Incorporated in Countryside and Rights of Gives people greater freedom to explore open country on foot; Sustainability Way Act 2000 Objective 4. Creates a duty for Highway Authorities and National Park Authorities to establish Local Access Forums; Provides a cut-off date of 1 January 2026 for the recording of certain rights of way on definitive maps and the extinguishment of those not so recorded by that date; Offers greater protection to wildlife and natural features, better protection for Sites of Special Scientific Interest (SSSIs) and more effective enforcement of wildlife legislation; and Protects Areas of Outstanding Natural Beauty with legislation similar to that for National Parks. There are no specific objectives or targets in the Act.
HM Government (2003) The Act aims to promote sustainable energy development and use and report Incorporated in Sustainable Energy Act on progress regarding cutting the UK’s carbon emissions and reducing the Sustainability number of people living in fuel poverty. Objective 4. Specific targets are set by the Secretary of State as energy efficiency aims.
HM Government (2004 Energy efficiency must be at least 20% greater in properties by 2010 than Incorporated in and revised 2006) compared with 2000. Sustainability Housing Act Objective 4.
HM Government (2005) The Strategy contains a new set of indicators to monitor progress towards Incorporated in Securing the Future – the sustainable development in the UK. Those most relevant at the local authority Sustainability UK Sustainable level include: Objectives 1, 2, 3, 4, Development Strategy Greenhouse gas emissions and 6. Road freight (CO2 emissions and tonne km, tonnes and GDP) Household waste (a) arisings (b) recycled or composted Local environmental quality HM Government (2006) The Act: Incorporated in The Natural Environment Makes provision about bodies concerned with the natural environment and Sustainability and Rural Communities rural communities; Objective 4. (NERC) Act 2006 Makes provision in connection with wildlife, Sites of Special Scientific Interest (SSSIs), National Parks and the Broads; Amends the law relating to rights of way; Makes provision as to the Inland Waterways Amenity Advisory Council; and Provides for flexible administrative arrangements in connection with functions relating to the environment and rural affairs and certain other functions; and for connected purposes. There are no specific objectives or targets in the Act.
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HM Government (2008) The Act sets: Incorporated in The Climate Change Act Legally binding targets - greenhouse gas emission reductions through Sustainability 2008 action in the UK and abroad of at least 80% by 2050, and reductions in Objective 5. CO2 emissions of at least 26% by 2020, against a 1990 baseline. The 2020 target will be reviewed soon after Royal Assent to reflect the move to all greenhouse gases and the increase in the 2050 target to 80%. Further, the Act provides for a carbon budgeting system which caps emissions over five year periods, with three budgets set at a time, to set out our trajectory to 2050.
HM Government (2008) Introduces a new system for nationally significant infrastructure planning, This act is not The Planning Act alongside further reforms to the Town and Country Planning system. A major specifically relevant component of this legislation is the introduction of an independent Infrastructure to any of the Planning Commission (IPC), to take decisions on major infrastructure projects objectives. (transport, energy, water and waste). To support decision-making, the IPC will refer to the Government's National Policy Statements (NPSs), which will provide a clear long-term strategic direction for nationally significant infrastructure development. There are no specific objectives or targets in the Act.
HM Government (2009) A vision is set out in the document whereby by 2020: Incorporated in The UK Renewable More than 30% of our electricity is generated from renewables; Sustainability Energy Strategy Objective 5. 12% of our heat is generated from renewables; and 10% of transport energy is generated from renewables. HM Government (2010) The Vision of the Statement is “that the value of the historic environment is Incorporated in The Government’s recognised by all who have the power to shape it; that Government gives it Sustainability Statement on the Historic proper recognition and that it is managed intelligently and in a way that fully Objective 4.. Environment for England realises its contribution to the economic, social and cultural life of the nation.” This vision is supported by six aims: 1 Strategic Leadership: Ensure that relevant policy, guidance, and standards across Government emphasize our responsibility to manage England’s historic environment for present and future generations. 2 Protective Framework: Ensure that all heritage assets are afforded an appropriate and effective level of protection, while allowing, where appropriate, for well managed and intelligent change. 3 Local Capacity: Encourage structures, skills and systems at a local level which: promote early consideration of the historic environment; ensure that local decision makers have access to the expertise they need; and provide sufficiently skilled people to execute proposed changes to heritage assets sensitively and sympathetically. 4 Public Involvement: Promote opportunities to place people and communities at the centre of the designation and management of their local historic environment and to make use of heritage as a focus for learning and community identity at all levels. 5 Direct Ownership: Ensure all heritage assets in public ownership meet appropriate standards of care and use while allowing, where appropriate, for well managed and intelligent change. 6 Sustainable Future: Seek to promote the role of the historic environment within the Government’s response to climate change and as part of its sustainable development agenda. No key targets.
HM Government (2010) The Regulations largely implement Directive 2008/50/EC on ambient air quality Incorporated in The Air Quality Standards and cleaner air for Europe. Sustainability 2010 Objective 6
HM Government (2010) The Act takes forward a number of recommendations from the Pitt Review into Incorporated in Flood and Water the 2007 floods and places new responsibilities on the Environment Agency, Sustainability Management Act local authorities and property developers (among others) to manage the risk of Objective 5 flooding. The Environment Agency is responsible for developing and applying a flood risk management strategy for England and Wales. Every other agency with
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a flood risk management function across England and Wales must take account of this strategy. Local authorities across England and Wales are required to develop, maintain, apply and monitor a strategy for local flood risk management in their areas. These local strategies must include the risk of flooding from surface water, watercourse and groundwater flooding. Lead local authorities must establish and maintain a register of structures which have an effect on flood risk management in their areas. The Act introduces a requirement to improve the flood resistance of existing buildings by amending the Building Act 1984. The Act introduces the provision for residential landlords to be charged the cost of their tenant’s unpaid water bills should the landlord fail to pass on the tenants details to the respective water company for the local area. The Act introduces the requirements for developers of property to construct Sustainable Drainage Systems (SUDS). Local authorities have a duty to adopt these SUDS once completed. By adoption, the Act means that they become responsible for maintaining the systems.
HM Government (2010) This is the UK transposition of EC Directive 92/43/EC on the conservation of Incorporated in The Conservation of natural habitats and of wild fauna and flora. The Regulations provide for the Sustainability Habitats and Species designation and protection of 'European sites', the protection of 'European Objective 4 Regulations protected species', and the adaptation of planning and other controls for the protection of European Sites.
Those key targets related to water resources, include: HM Government (2010) Incorporated in Flood and Water To widen the list of uses of water that water companies can control during Sustainability Management Act 2010 periods of water shortage, and enable Government to add to and remove Objective 6. uses from the list. To encourage the uptake of sustainable drainage systems by removing the automatic right to connect to sewers and providing for unitary and county councils to adopt SUDS for new developments and redevelopments. To reduce ‘bad debt’ in the water industry by amending the Water Industry Act 1991 to provide a named customer and clarify who is responsible for paying the water bill. To make it easier for water and sewerage companies to develop and implement social tariffs where companies consider there is a good cause to do so, and in light of guidance that will be issued by the Secretary of State following a full public consultation. HM Government (2010) Aims to create a ‘wellness’ service (Public Health for England) and to Incorporated in White Paper: Healthy strengthen both national and local leadership. Sustainability Lives, Healthy People: Objective 13. No formal targets or objectives. Strategy for Public Health in England
HM Government (2011) The Localism Bill includes five key measures that underpin the Government's Incorporated in The Localism Act approach to decentralisation. Sustainability Objective 15. Community rights; Neighbourhood planning; Housing; General power of competence; and Empowering cities and other local areas. No key targets or indicators.
HM Government (2011) Water for Life describes a vision for future water management in which the Incorporated in Water for Life: White water sector is resilient, in which water companies are more efficient and Sustainability Paper customer focused, and in which water is valued as the precious and finite Objective 6. resource it is.
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Water for Life includes several proposals for deregulating and simplifying legislation, to reduce burdens on business and stimulate growth. Ofwat’s proposals for reducing its regulatory burdens complement these. No key targets or objectives.
HM Government (2011) This sets out how the UK will achieve decarbonisation within the framework of Incorporated in Carbon Plan: Delivering energy policy: Sustainability our Low Carbon Future Objective 5. To make the transition to a low carbon economy while maintaining energy security, and minimising costs to consumers, particularly those in poorer households. There are no formal objectives or targets.
HM Government (2013) The Community Infrastructure Level (CIL) is a charge which may be applied to Not specifically The Community new developments by local authorities. The money can be used to support applicable to any of Infrastructure Levy development by funding infrastructure that the council, local community and the objectives. (Amendment) Regulations neighbourhoods want. 2013 There are no formal objectives or targets.
HM Government (2014) The provisions in the Act enable the delivery of Government’s aims for a Incorporated in Water Act 2014 sustainable sector as set out in the Water White Paper in a way that this is Sustainability workable and clear. This Act aims to makes steps towards reducing regulatory Objective 6. burdens, promoting innovation and investment, giving choice and better service to customers and enabling more efficient use of scarce water resources. There are no formal objectives or targets.
HM Government (2015) The regulations implement provisions of the Water Framework Directive Incorporated in Water Framework (Directive 2000/60/EC), the Environmental Quality Standards Directive Sustainability Directive (Standards and (Directive 2008/105/EC) and the priority substances amendment of these Objective 6. Classification) Directions directives (Directive 2013/39/EU). This includes directions for the classification (England and Wales) of surface water and groundwater bodies, monitoring requirements, standards 2015. for ecological and chemical status of surface waters, and environmental quality standards for priority substances. There are no formal objectives or targets.
HM Government (2015) In June 2015 the Committee on Climate Change and the Adaptation Sub- Incorporated in Government Response to Committee published the seventh progress report on Government’s mitigation Sustainability the Committee on Climate activity and the first statutory assessment of the National Adaptation Objective 5. Change. Programme. This included five recommendations and it is those recommendations that are responded to within this response. There are no formal objectives or targets.
HM Government (2016) The Regulations provide a consolidated system of environmental permitting in Not specifically Environmental Permitting England and Wales, and transpose the provisions of 15 EU Directives. It relevant to any of the (England and Wales) provides a system for environmental permits and exemptions for industrial objectives. Regulations 2016. activities, mobile plant, waste operations, mining waste operations, water discharge activities, groundwater activities, flood risk activities and radioactive substances activities. It also sets out the powers, functions and duties of the regulators. Certain flood risk activities are now regulated under the Environmental Permitting Regulations, with environmental permits required for some activities. There are slight variations between England and Wales. There are no formal objectives or targets.
HM Government (2016) This Act makes widespread changes to housing policy and the planning Incorporated in Housing and Planning Act system. It introduces legislation to allow the sale of higher value local authority Sustainability 2016 homes, introduce starter homes and "Pay to Stay" and other measures Objective 12. intended to promote home ownership and boost levels of housebuilding. The Act introduces numerous changes to housing law and planning law: A proposal to abolish secure and assured tenancies for new tenancies, and replace them with fixed term tenancies lasting between two and five years. However, following an amendment, this was later extended to tenancies of up to 10 years with the possibility of for longer tenancies for families with children.[3] The Act requires where there is a succession to the tenancy that unless they are a spouse or civil partner the new tenancy
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has to be fixed term rather than secure. Housing associations are not affected by this change. The promotion of self-build and custom build housebuilding. The building of 200,000 starter homes which will be obtainable to first time buyers between 23 and 40 for sale at 20% below market prices. The extension of right to buy to include housing association properties. Due to a deal with the National Housing Federation right to buy will be extended to housing association tenants on a voluntary basis with the Government making payments to housing associations to compensate for the discounts on offer. A policy dubbed "pay to stay" that would see some council tenants pay higher rent. Income of £31,000 or £40,000 in London would see someone hit by "Pay to Stay". Tenants in receipt of housing benefit would not be affected by this change and neither would housing association tenants. The forced sale of high value empty local authority properties. The stated aim of this policy was to fund right-to-buy for housing associations in order to promote home ownership. The Act states that lost social housing will be replaced with "affordable housing" which could be a starter home. In London two properties will be built for every one sold. The speeding up of the planning system so as to deliver more housing. A concept called "permission in principle" is being introduced which is "an automatic consent for sites identified in local plans and new brownfield registers subject to further technical details being agreed by authorities". It is hoped that this will speed up house building. Powers to force local authorities to have a Local Plan where they do not have one. Changes to banning orders on "rogue landlords" The Act allows a local authority to apply for a banning order when a landlord or letting agent commits certain offences. The Act also creates a database of rogue landlords that will be maintained by local authorities. Changes relating to Rent Repayment Orders allowing a local authority to apply for one where a landlord has committed certain offences. A law allowing recovery of abandoned properties. A private landlord will be allowed to do this without serving a section 21 notice and without serving a court order.
HM Government (2017) The purpose of these Good Practice Advice notes is to provide information on Incorporated in The Conservation of good practice to assist local authorities, planning and other consultants, Sustainability Habitats and Species owners, applicants and other interested parties in implementing biodiversity Objective 4. Regulations 2017 policy in the National Planning Policy Framework (NPPF) and the related guidance given in the National Planning Practice Guide (PPG). There are no formal objectives or targets.
DfT (2008) Delivering a Objectives: I Incorporated in Sustainable Transport Sustainability To support national economic competitiveness and growth, by delivering System (DaSTS). Objectives 3, 7 – 9, reliable and efficient transport networks; 13 To reduce transport’s emissions of carbon dioxide and other greenhouse gases, with the desired outcome of tackling climate change; To contribute to better safety and health and longer life-expectancy by reducing the risk of death, injury or illness arising from transport and by promoting travel modes that are beneficial to health; To promote greater equality of opportunity for all citizens, with the desired outcome of achieving a fairer society; and To improve quality of life for transport users and non-transport users, and to promote a healthy natural environment.
English Heritage (2008) A framework for the sustainable management of the historic environment based Incorporated in Conservation Principles, on the following principles: Sustainability Policies and Guidance Objective 3 The historic environment is a shared resource;
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Everyone should be able to participate in sustaining the historic environment; Understanding the significance of places is vital; Significant places should be managed to sustain their values; Decisions about change must be reasonable, transparent and consistent; and Documenting and learning from decisions is essential.
English Nature (2006) Context for the next 80 years in terms of the likely effects of climate change on Incorporated in Climate Change Space biodiversity. Prescribes suggested actions to be taken in preparation for Sustainability for Nature change. Objective 3 and 5
Environment Agency Objectives: Incorporated in (2009) Water for people Sustainability Enable habitats and species to adapt better to climate change; and the environment - Objective 3 and 6 Water resources strategy Allow the way we protect the water environment to adjust flexibly to a for England and Wales. changing climate; Reduce pressure on the environment caused by water taken for human use; Encourage options resilient to climate change to be chosen in the face of uncertainty; Better protect vital water supply infrastructure; Reduce greenhouse gas emissions from people using water, considering the whole life-cycle of use; and Improve understanding of the risks and uncertainties of climate change. Target: In England, the average amount of water used per person in the home is reduced to 130 litres each day by 2030.
Environment Agency The strategy encourages more effective risk management by enabling people, Incorporated in (2011) The National Flood communities, businesses, infrastructure operators and the public sector to work sustainability and Coastal Erosion Risk together to: objective 5. Management Strategy for Ensure a clear understanding of the risks of flooding and coastal erosion, England nationally and locally, so investment risk can be prioritised more effectively; Set out clear and consistent plans for risk management so that communities and business can make informed decisions about the management of the remaining risk; Manage flood and coastal erosion risks in an appropriate way, taking account of the needs of communities and the environment; Ensure that emergency plans and responses to flood incidents are effective and that communities are able to respond effectively to flood forecasts, warnings and advice; and Help communities to recover more quickly and effectively after incidents.
Forestry Commission An advisory document which provides detailed examples of how the Woodland Incorporated in (2005): Trees and Sector (trees, woodlands and green spaces) can significantly contribute to Sustainability Woodlands Nature's people’s health, well-being (physical, psychological and social) and quality of Objective 4 and 13 Health Service life. Increasing levels of physical activity is a particular priority.
HM Government (2006) The Climate Change Programme aims to tackle climate change by setting out Incorporated in Climate Change The UK policies and priorities for action in the UK and internationally. Sustainability Programme Aims and Objectives: Objective 5 To reduce carbon dioxide emissions by 20% below 1990 levels by 2010 (more than is required by the Kyoto Agreement); Make agreements with other countries as to how they will tackle climate change together; Report annually to Parliament on UK emissions, future plans and progress on domestic climate change; and Set out the adaptation plan for the UK, informed by additional research on the impacts of climate change.
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Regional
Severn Trent Water Guidance on the approach to water management over the period 2010-2035, Incorporated in Resources Management focused on achieving and maintaining the level of headroom necessary to Sustainability Plan (2010) ensure we can deliver our target levels of service at least cost to customers, Objectives 2 and 5 whilst minimizing the impact on the environment. This is to be achieved n part by reducing leakage and managing the demand for water, and partly by developing new resources. The Strategy identifies that: “Our best estimates of future supply/demand pressures show that we will need additional water resources and treatment capacity in the longer term. The schemes being delivered through our wider supply resilience investment strategy will provide a deployable output benefit and these form a key part of our longer term supply / demand plans. However, we have identified the likely need for further leakage reductions and water resource schemes during in the 2025-2035 period. Our analysis shows that the most significant risk to our long term supply/demand balance is the impact of climate change.”
Energy Capital (2018) a The report states the main focus of the (Energy Improvement Zones) EIZs will Incorporated in Regional Approach to be to integrate low carbon technologies, to develop the business models and sustainability Clean Energy Innovation infrastructure needed to support new approaches to clean energy as well as objective 5. overcome the regulatory barriers necessary for them to flourish. They will be designed to stimulate local clean energy innovation and drive productivity within the region, exports and growth. The EIZs aim to demonstrate new technologies, and to turn them into fully commercial propositions, breeding regional markets and supply chains that provide a platform for exports and growth. They will also offer a controlled environment in which innovators of all types can trial new services, technologies and business models.
Environment Agency A strategic document summaries key issue by river catchment. For the Tame, Incorporated in Humber River Basin Anker and Mease these are to: Sustainability Management Plan (2009) Objectives 5 and 6 Improve sewage treatment works at a number of locations to reduce the levels of phosphate, for the River Trent designation. Target pollution prevention campaigns around industrial areas in the urban areas, particularly around Birmingham and the Black Country. Improve sewage treatment works at a number of locations in the River Mease catchment to reduce the levels of phosphate in the SAC site.
Environment Agency Incorporated in A summary document forming the background to updating the River Basin Sustainability The Tame, Anker and Management Plan and the work of the Catchment Partnership. The following Objectives 5 and 6 Mease Management objectives are proposed: Catchment (2014 consultation) Identifying and remediating point source pollution; Identifying opportunities and tackling diffuse run-off; Restoring and enhancing watercourses, wetlands and floodplains Ensuring water bodies, the water environment and network contribute green infrastructure; Ensuring that the water environment contributes to the local economy and social well-being; and Using the planning system to maximise benefits to the water environment and catchment. The document notes that: “It is disappointing to see that water quality has declined between 2009 and 2014, despite the significant improvements that have occurred throughout parts of the catchment.”
Environment Agency A strategic planning document that provides an overview of the main sources of Incorporated in Trent Catchment Flood flood risk in the Trent catchment and how these can be managed in a Sustainability Management Plan (2010) sustainable framework for the next 50 to 100 years. The CFMP covers Objective 5 Birmingham and the Black Country and identifies that Birmingham should “take further action to reduce flood risk”.
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Environment Agency This River Basin Management Plan seeks to protect the River Severn so that is Incorporated in (2015) Severn River can be enjoyed by different Districts the river runs through without each District Sustainability Basin District River Basin affecting the others ability to enjoy the river. It also seeks to conserve and Objective 6. Management Plan enhance the quality of the River Severn environment and maintain its high water quality and habitats, as the River Severn benefits from having particularly rich and diverse wildlife and habitats.
The Greater Birmingham The Greater Birmingham & Solihull LEP is a partnership of businesses, local Incorporated in and Solihull Local authorities and universities which supports private sector growth and job Sustainability Enterprise Partnership creation. Set up to strengthen local economies, encourage economic Objectives 7, 8, 9 Strategy (2013) development and enterprise, and improve skills across the region. The LEP and 10. has set out plans to: Increase economic output (GVA) in the area by £8.25 billion by 2020; Create 100,000 private sector jobs by 2020; Stimulate growth in the business stock and business profitability; Boost indigenous and inward investment; Become global leaders in key sectors, including: automotive assembly, low carbon R&D, business and professional services, clinical trials, creative and digital sectors; and Increase the proportion of adults with appropriate qualifications to meet employment needs. This Strategic Economic Plan sets out a mission for the West Midlands Region: Greater Birmingham & Incorporated in ‘To create jobs and grow the economy of Greater Birmingham and in so doing Solihull Local Enterprise Sustainability raise the quality of life for all of the LEP’s population.’ Partnership (2016) Objectives 7, 8, 9 Strategic Economic Plan This plan includes the following targets: and 10. 2016-2030 Create 250,000 private sector jobs by 2030 and be the leading Core City LEP for private sector job creation; Increase GVA by £29bn by 2030; Decrease unemployment to the National Average by 2020 and to have the lowest unemployment amongst the LEP Core Cities by 2030; GBSLEP to be the leading Core City by 2030 for GVA per head; Increase % of working age population with NVQ3+ to the National Average by 2025; Increase productivity rates to the National Average by 2030; and GBSLEP to be the Leading Core City LEP for Quality of Life by 2030. Natural England (2012) Cannock Chase and Cank Wood National Character Area (NCA) extends north Incorporated in National Character Area of the Birmingham and Black Country conurbation and includes a major area of sustainability profile no. 67: Cannock this city. It is situated on higher land consisting of sandstone and the South objective 4. Chase and Cank Wood Staffordshire Coalfield. The NCA principally coincides with the historical hunting forest of Cannock Chase, with major remnants surviving within the Cannock Chase Area of Outstanding Natural Beauty (AONB), which supports internationally important heathland Special Areas of Conservation (SAC) and the Sutton Park National Nature Reserve.
Natural England (2012) Arden National Character Area (NCA) comprises farmland and former wood- Incorporated in National Character Area pasture lying to the south and east of Birmingham, including part of the West sustainability profile no. 97: Arden Midlands conurbation. Traditionally regarded as the land lying between the objective 4. River Tame and the River Avon in Warwickshire, the Arden landscape also extends into north Worcestershire to abut the Severn and Avon Vales. To the north and northeast it drops down to the open landscape of the Mease/Sence Lowlands. The eastern part of the NCA abuts and surrounds Coventry, with the fringes of Warwick and Stratford-upon-Avon to the south. This NCA has higher ground to the west, the Clent and Lickey Hills and to the east, the Nuneaton ridge.
The 7 Authorities of the The West Midlands Local Transport Plan 2011 - 2026 (LTP) is a statutory Incorporated in West Midlands document which looks at the transport needs of the Metropolitan Area and sets Sustainability Metropolitan Area (2011) out a way forward to deliver those needs through short, medium and long term Objective 3 West Midlands Local transport solutions. Transport Plan The LTP sets out how our transport network can play its part in the transformation of the West Midlands economy. It demonstrates how this will
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bring real benefits to people through its contribution to economic revival, creation of jobs, improved accessibility, improved local and national connections by road and rail and better quality of life. The Plan’s specific objectives are: Prioritising investment on those interventions which will have greatest economic benefit; Improving the delivery of our transport priorities; Effectively maintaining and managing our transport assets ; Enhancing the efficiency, and reliability of our transport networks for the movement of people and freight; Improving safety and security; and Promoting low carbon corridors and Smarter Choices to influence travel behaviour.
Environment Agency The EA Water Resources Strategy for England and Wales, Water for People Incorporated in (2009) A Water and the Environment, sets out a number of actions that are reflected in the Sustainability Resources Strategy Regional Action Plan. This Plan takes the aims and objectives of the strategy Objective 2 Regional Action Plan for and identifies Regional actions that will enable: the West Midlands Water to be abstracted, supplied and used efficiently; Region The water environment to be restored, protected and improved so that habitats and species can better adapt to climate change; Supplies to be more resilient to the impact of climate change, including droughts and floods; Water to be shared more effectively between abstractors; Improved water efficiency in new and existing buildings; Water to be valued and used efficiently; Additional resources to be developed where and when they are needed in the context of a twin-track approach with demand management; Sustainable, low carbon solutions to be adopted; and Stronger integration of water resources management with land, energy, food and waste.
Forestry Commission The Framework sets out priorities for activity across the private, public and Incorporated in (2004) West Midlands voluntary sector, and includes priorities and actions based around the following Sustainability Regional Forestry themes: Objectives 4, 5, 6 Framework and 13 Tree and Woodland Cover; Trees Woodland and Forestry Industry; Wood Energy and Recycling; Recreation and Tourism; Health and Wellbeing; Fostering Social Inclusion; Enhancing Biodiversity; Climate Change; and Green Infrastructure.
Peter Brett Associates This study outlined the oversights of past population projections for the Incorporated in LLP (2014) GBSLEP Joint Birmingham area and its surrounding districts/regions. It highlights a need for a Sustainability Strategic Housing Study. considerable amount of housing building needed each year and a need for Objective 12. more housebuilding in the regions and districts surrounding Birmingham. Preferred scenario 2011-31 – 165,000 dwellings.
West Midlands Combined This report is an annual monitoring report of the progress the West Midlands Incorporated in Authority (2017) West Roadmap to Sustainability and includes the following objective: Sustainability Midlands Roadmap to a Objective 13. Reverse the rise in health inequalities for women Sustainable Future in 2020 (Annual Monitoring Report)
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West Midlands Combined This Action Plan forms an agreement between the key organisations of the Incorporated in Authority (2017) Thrive West Midlands to work together to improve the mental health and wellbeing of Sustainability West Midlands – An the residents of the West Midlands: Objective 13. Action Plan to drive better mental health and Improve the accessibility of jobs for people with mental health issues and wellbeing in the West their general wellbeing. Midlands
Local
Birmingham City Council Restricts non-family dwelling house uses in Handsworth, Sandwell and Soho Incorporated in (1994) Handsworth, Wards. Sustainability Sandwell and Soho: Objectives 9 and 15. Areas of Restraint
Birmingham City Council Restricts non-family dwelling house uses in Wheelwright Road. Incorporated in (1999) Wheelwright Road: Sustainability Area of Restraint Objectives 9 and 15
Birmingham City Council The vision of the Economic Strategy is: “To build on Birmingham’s renaissance Incorporated in (2005) Developing and secure a strong and sustainable economy for our people.” Sustainability Birmingham: An The strategy identifies four key areas to focus on: Objectives 7, 8, 9 Economic Strategy for the and 10. City 2005-2015. 1) development and Investment; 2) creating a skilled workforce; 3) fostering business development and diversification; and 4) creating sustainable communities and vibrant urban villages.
Birmingham City Council The Action Plan sets out 41 actions which follow the objectives below: Incorporated in (2006) Air Quality Action Sustainability Reducing vehicle emissions; Plan. Objective 6. Improving public transport to reduce traffic volumes; Improving the road network to reduce congestion; Using area planning measures to reduce traffic volumes; Reducing air pollution from industry, commerce and residential areas; and Changing levels of travel demand/promotion of alternative modes of transport.
Birmingham City Council The Strategy sets out the following vision for delivering its municipal waste Incorporated in (2006) Municipal Waste management services: Sustainability Management Strategy. Objective 6. “To run a city that produces the minimum amount of waste that is practicable, and where the remainder is re-used, recycled or recovered to generate energy. The material recovered through composting, recycling, re-use and from the energy recovery process will replace the need for extraction of virgin materials. The waste management strategy will be sensitive to local needs and will provide a service to help Birmingham become as clean and green a city as it can be. Birmingham City Council and the Constituency partners will provide a service that citizens are pleased to support, and where there is malpractice or deliberate misuse of the service, that this is dealt with efficiently to maintain a clean, safe and healthy environment.” The Strategy has the following objectives: The Council will explore ways of reducing the amount of waste sent to landfill to an absolute minimum, recovering value from waste wherever economically and environmentally practicable through energy recovery and measures to increase re-use, recycling and composting; The City Council and its partners will raise awareness among the wider community to view waste as a resource and will deliver communications activities and work with relevant stakeholders (such as community groups and schools) to promote the cultural change needed to significantly
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increase recycling and re-use and reduce the overall quantity of waste requiring treatment or disposal; The City Council will develop recycling and composting system that meet the targets set out in this strategy through methods that are acceptable and accessible to the residents of Birmingham; the City Council will explore ways of working with other local authorities and will expand its partnership activities with the private voluntary sectors to assist in delivery of this strategy; and The City Council will work with its partners and other agencies to provide efficient and effective enforcement of its services to contribute to a clean, green, safe and healthy environment.
Birmingham City Council A Supplementary Planning Document which responds to the demands of the Incorporated in (2007) Sustainable Water Framework Directives and sets out policies for development near to river Sustainability Management of Urban corridors relating to: Objective 5. Rivers and Floodplains Water Quality; SPD Water Pollution Prevention; Sustainable Urban Drainage Systems (SUDS) and Surface Water Run- Off; Character of the River Corridors; The Floodplain; Nature Conservation and Landscaping; The Historic Environment; Design of Developments; Access; Education and Recreation; Safety and Litter; and Community Involvement.
Birmingham City Council The strategy details priority issues and actions to increase levels of decent Incorporated in (2008) Birmingham homes in owner-occupied and private rented sector housing; promote domestic Sustainability Private Sector Housing energy efficiency and affordable warmth; and address the growing demand Objective 12. Strategy 2008+ (updated from elderly and disabled residents for assistance to live independently in their 2010). own homes. It also set out how the council will fulfil its regulatory role in the licensing and inspection of Houses in Multiple Occupation (HMOs) as prescribed by the Housing Act (2004) and promote better standards of management within the private rented sector (PRS).
Birmingham City Council To identify any contaminated land as defined by the legislation. Incorporated in (2008) Contaminated Sustainability To take steps to control any risk from any contaminated land identified Land Inspection Strategy Objective 6. using voluntary or enforcement action. for Birmingham Second Edition To liaise with the Environment Agency regarding sites that may be polluting controlled waters or other special sites.
Birmingham City Council Birmingham becoming a ‘Low Carbon Transition’ city; Incorporated in (2010) Birmingham Sustainability Improving the energy efficiency of the city’s Climate change action ‘Homes and Buildings’; Objective 5. plan 2010+ Reducing the city’s reliance on unsustainable energy through ‘Low Carbon Energy Generation’; Reducing the city’s impact on the non-renewable resources through ‘Resource Management’; Reducing the environmental impact of the city’s mobility needs through ‘Low Carbon Transport’; Making sure the city is prepared for climate change through ‘Climate Change Adaptation’; and Making sure that this action plan ‘Engages with Birmingham Citizens and Businesses’.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Birmingham and Black Objectives are to: Incorporated in Country Biodiversity Sustainability Maintain and increase biodiversity of key sites and landscapes through Partnership (2010) Objectives 4 and 5. appropriate protection and management; Birmingham and the Black Country Biodiversity Restore degraded habitats and key species populations by restoring key Action Plan areas; Link key areas with ecological corridors to reconnect wildlife populations and make them less vulnerable; Promote and support the use of the natural environment to mitigate against, and adapt to the effects of climate change; Enable the sustainable use of the natural environment to benefit health and wellbeing of residents, workers and visitors as well as improving the local economy.
Birmingham City Council A plan outlining flood risk, warnings mechanisms, the actions, roles and I Incorporated in (2011) Multi-agency Flood responsibilities of those organisations and communities with a key response Sustainability Plan role in the event, or threat of flooding in the Birmingham local authority area. Objective 5.
Birmingham City Council Assesses and maps all known sources of flood risk, including fluvial, surface Incorporated in (Jan 2012) Level 1 & 2 water, sewer, groundwater and impounded water bodies, taking into account Sustainability Strategic Flood Risk future climate change predictions, to allow the Council to use this as an Objective 5. Assessment evidence base to locate future development primarily in low flood risk areas. The outputs from the SFRA will also assist in preparing sustainable policies for the long term management of flood risk.
Birmingham City Council A study undertaken in consultation with key local partners who are responsible Incorporated in (2015) Birmingham for surface water management and drainage in their area. Partners work Sustainability Surface Water together to understand the causes and effects of surface water flooding and Objective 5. Management Plan agree the most cost effective way of managing surface water flood risk for the long term. The process of working together as a partnership is designed to encourage the development of innovative solutions and practices.
Birmingham City Council Improve the wellbeing of children •Detect and prevent Adverse Childhood Incorporated in (2013) Health and Well- Experiences (ACEs). Sustainability being Strategy (Updated Objective 13. Improve the independence of adults. Priorities 2017) Improve the wellbeing of the most disadvantaged. Make Birmingham a Healthy City.
Birmingham City Council Includes seven green living spaces principles but no formal objectives or Incorporated in (2013) Green Living targets. Sustainability Spaces Strategy Objectives 4 and 13.
Birmingham City Council Identifies priorities and delivery mechanisms for addressing acute and chronic Incorporated in (2013) Birmingham health and well-being issues across the City, some of which are closely related Sustainability Health and Wellbeing to spatial planning. These include aspirations to: Objectives 1, 2, Strategy Create fair employment and good work for all; Ensure Healthy Standard of living for all; and Create and develop healthy sustainable homes and communities
Birmingham City Council 60% reduction in C02 emissions by 2027. Incorporated in (2013) Carbon Roadmap sustainability objective 5.
Birmingham City Council Estimates a need for 4 additional pitches during the period 2014-2031. Incorporated in (2014) Gypsy and Sustainability Traveller Accommodation Objective 12. Assessment
Birmingham City Council The strategy sets a direction for the City’s heritage sector for the next 5 years Incorporated in (2014) Protecting the Past and is a partnership document for the city as a whole, not a Council strategy Sustainability – Informing the Present. and reflects the need to attract funding and other kinds of support from a wider Objective 4 Birmingham’s’ Heritage constituency of interest and the opportunity to work with partners outside the Strategy (2014-2019) authority in promoting the city’s heritage tourism assets.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
The strategy contains no formal objectives or targets.
Birmingham City Council Aim of the plan delivered through the following objectives: Not specifically (2015) Corporate relevant to anyone To provide an overview of the civil emergency risks which can give rise to Emergency Plan objective but covered emergencies / major business disruptions requiring activation of this plan; in general terms by To outline emergency management and business continuity responsibilities the majority of the of the Council at a corporate and directorate level, including specialist Objectives. capabilities, such as emergency welfare provision, information and communication systems; To provide a summary of equipment and facilities available for corporate emergency response actions; To clarify wider resilience structures for both planning and response; and To summarise corporate training and exercises and other assurance processes.
Birmingham City Council Includes the following objectives: Incorporated in (2017) Local Flood Risk Sustainability Identify all stakeholders with a role in flood risk management , set out their Management Strategy objective 5. responsibilities and work with them to adopt a partnership approach to managing local flood risk; Develop a clear understanding of flood risk from surface water, groundwater and ordinary watercourses and set out how this information will be communicated and shared; Outline how flood risk assets are identified, managed and maintained and develop a clear understanding of riparian responsibilities; Define the criteria and for responding to and investigating flooding incidents, and set out the role of emergency planning, flood action groups and individual property owners; Define the criteria for how and when flood risk management measures will be promoted to ensure that they provide value for money whilst minimising long-term revenue costs and maximising external funding contributions; Minimise the impact of development on flood risk by developing guidance, policies and standards that manage flood risk and reduce the risk to existing communities; and Adapt a sustainable approach to managing local flood risk by ensuring actions deliver wider environmental benefits.
Birmingham City Council A Development Plan Document which sets the long-term spatial planning vision Incorporated in (2017) Birmingham and objectives for Birmingham. It contains a set of strategic policies that are Sustainability Development Plan required to deliver the vision including the broad approach to development. Objectives 1 – 15
Birmingham City Council Provides guidance under Part M of the Building Regulations and their Incorporated in (2006) Access for People obligations under the Disability Discrimination Act around: SOC1, SOC3 and with Disabilities SPD SOC5. Works in the Public Realm Approaches to buildings and open areas within an application site Entrances into buildings used by the public Signage Access onto upper floors Birmingham City Council The purpose of this supplementary planning guidance is to provide an Incorporated in (2001) Affordable additional, complementary mechanism for securing affordable homes in sustainability Housing SPG response to recent government advice. objectives ECON 2, ECON 3 and SOC 2. Birmingham City Council A design guide providing detail on the design objectives and components of car Incorporated in (?) Car park design guide park design required by the council. Includes a provision for those with mobility sustainability difficulties and takes into account issues around safety and security. objectives ENV 2, ECON 3, SOC 1 and SOC 4. Birmingham City Council A Development Plan Document providing detail on car parking standards. The Incorporated in (2012) Car Parking parking standards guidance is intended to be considered alongside a number sustainability guidelines SPD
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
of other local policies. Encourages the use of sustainable travel, including objectives ENV electric vehicles, car clubs and cycling. 2,ENV 3 and SOC 1.
Birmingham City Council A guide to tell the public about the council’s policies on good design and Incorporated in (2007) Extending your explain what we are looking for when we assess planning applications for home sustainability home: Home extensions extensions. Outlines three main principles: objectives ENV 2, guide ENV 4 and ECON 3. 1. Respect the appearance of the local area and your home.
2. Ensure the extension does not adversely affect your neighbours. 3. Minimise the impact on the environment. Provides detailed guidance on the three principles, as well as specific guidance on types of extensions, for example back extensions and dormers. Birmingham City Council Supplementary planning guidance for the installation of flood lighting. Flood Not specifically (2000) Floodlighting of lighting should: relevant to anyone sports facilities, car parks objective but covered Point downwards. and secure areas in general terms by Minimise the flood of light near to or above the horizontal to reduce the majority of the potential glare. Objectives. The main floodlight beam should, where possible, be directed towards below a 70’arc from a vertical column. Use asymetrical beams that permit the front glazing to be kept at or near parallel to the surface being lit. Birmingham City Council This supplementary planning guidance provides policy and design guidance for Incorporated in (2003) High Places tall buildings in Birmingham. It provides guidance on the location, form and sustainability appearance of tall buildings. It provides information on: objectives ENV 2, ENV 5,. The location of tall buildings. The design of tall buildings. Conservation Areas and Listed Buildings where tall buildings are inappropriate The sustainability of proposals. Birmingham City Council A supplementary planning document detailing the policy around large banners. Incorporated in (2008) Large format States that: sustainability banner advertisements objective ENV 2. SPD A large format banner will only normally be permitted where a building is to be scaffolded for building or related work, and that such scaffolding covers an entire elevation. A commercial advertisement element should occupy no more than 40% of the extent of the scaffolded elevation. No elevation should normally contain an advertisement element greater than 500sq.m in area or 40% of the scaffolded elevation, whichever is the lesser. Within sensitive areas such as conservation areas, or on, facing or in close proximity to a listed building, the entire scaffolding mesh must be covered by a 1:1 scale image of the building being constructed/refurbished, or other similar appropriate image. The use of 1:1 scale images will be encouraged in other locations. Scaffolded elevations shall have the whole elevation covered by mesh to a good quality of workmanship, and shall have any commercial element sitting within, and framed by, the mesh. The scaffold and associated banner advert(s) should be removed as soon as the relevant work, as described in 3.1 above, is complete. The advertisement consent will last no longer than the agreed building programme or one year, whichever is the shorter. Consent for continued display in accordance with this policy would not be unreasonably withheld. Such adverts will not normally be permitted in predominantly residential areas.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Birmingham City Council A supplementary planning document detailing how Birmingham’s city centre Incorporated in (2008) Lighting Places should be lit. The objectives are as follows: sustainability objectives ENV 2, To foster multilateral exchange of experience, ideas, creations, ENV 6, ECON 1 and technologies and expertise. ECON 2. To encourage exchange of technical experts. To organise theme based meetings. To help public authorities undertake concerted action to promote illumination projects. To provide a structure for this exchange within the scope of an international network of local public authorities. To create arenas for research and experimentation and/or operations. To include lighting issues within a perspective that is both environmentally friendly and in favour of sustainable development. To enable the cities to develop an identity by means of their artistic or technical choices. To impose lighting as a tool for promotion of the cities. Birmingham City Council Guidelines for outdoor advertisement hoardings, including those with Incorporated in (1999) Location of mechanically changing displays, ranging from 96 sheet size to smaller 12 sheet sustainability advertisement hoardings panels, and will be used to control the display of existing and proposed objectives ENV 2 and hoardings. States that applications must be treated on their own individual ECON 1. merits, with regards to the general characteristics of the locality in which they will be displayed. Also provides specific guidance on location and land use guidelines. Birmingham City Council This document provides guidance on the information required by the City Incorporated in (2006) Loss of industrial Council where a change of use from industrial to an alternative use is being sustainability land SPD proposed. The SPD applies to all industrial land. objectives ENV 1 and ECON 2.
Birmingham City Council The purpose of these guidelines is to set out the City Council’s aspirations for Incorporated in (2008) Mature suburbs such types of development within the City’s mature suburbs and residential sustainability areas. It sets out key design issues for housing intensification and what is objectives ENV 6, expected from developers and designers when submitting planning ECON 3, and SOC 2. applications. Aims for buildings in mature suburbs to be assessed against: Plot Size Building Form and Massing Building Siting Landscape and Boundary Treatment Plot Access Parking Provision and Traffic Impact Design Styles Public Realm Archaeology, Statutorily Listed and Locally Listed Buildings Design Out Renewable Energy and Climate Cumulative Impact Birmingham City Council These guidelines apply to car parking proposals relating to commercial and Incorporated in (2000) Parking of vehicles industrial premises which could cause noise and disturbance to occupants in sustainability at commercial and adjoining residential accommodation. objective ENV 2. industrial premises adjacent to residential property
Birmingham City Council This Strategy is intended to protect and guide the planning, design, Incorporated in (2006) The Future of management, maintenance and provision of parks and public open spaces in sustainability Birmingham’s Parks and the city over the next 10-15 years. Contains 30 policies around the provision objectives ENV 4, Open Space Strategy and use of green spaces and parks. ENV 6, ECON2 and SOC3. Birmingham City Council The guide was produced as a response to the lack of general design guidance Incorporated in (2001) Places for all that relates to all types of development throughout the city. Good design should sustainability apply everywhere not just in key locations such as the city centre and objectives ENV 2, conservation areas.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
The main targets are: ENV 5, ENV 6, ECON 3 and SOC 3. 1. Creating diversity - The aim must be to create or build within places that have an accessible choice of closely mixed complementary activities. 2. Moving around easily - Places should be linked up with short, direct public routes overlooked by frontages. 3. Safe places, private spaces - Places must be safe and attractive with a clear division between public and private space. 4. Building for the future - Buildings and spaces should be adaptable to enhance their long-term viability and built so they harm the environment as little as possible. 5. Build on local character - Development must consider the context and exploit and strengthen the characteristics that make an area special. Birmingham City Council Residential development is the major land use in Birmingham and the majority Incorporated in (2001) Places for living of new development proposals within the city will continue to be for new homes. sustainability It is important that residential areas are desirable, sustainable and enduring. objectives ENV 2, They should provide good quality accommodation in a safe and attractive ENV 3, ENV 5, ENV environment, which people. 6, ECON 3 and SOC 1. Places not estates - Successful developments must address 2. wider issues than simply building houses and create distinctive places that offer a choice of housing and complementary activities nearby 2. Moving around easily - Places should be linked up with short, direct public routes overlooked by frontages. 3. Safe places, private spaces - Places must be safe and attractive with a clear division between public and private space 4. Building for the future - Buildings and spaces should be adaptable to enhance their long-term viability and built so they harm the environment as little as possible. 5. Build on local character - Developers must consider the context and exploit and strengthen the characteristics that make an area special. Birmingham City Council The document provides clear and proactive guidance to communities seeking Incorporated in (2011) Places of worship to establish a place of worship and looking to submit applications for planning sustainability permission. Its main aim is to ensure a consistent approach to planning objectives ENV 4 and applications, not only for places of worship, but also for faith-related community SOC 1. and educational use. Birmingham City Council An amount of open space equivalent pro rata, to 2 ha per 1000 Incorporated in (2007) Public open space population will be required. sustainability in new residential objectives ENV 2, As part of the overall requirement, a children’s play area will be development SPD ECON 2, ECON 3, required where there is no existing provision within walking distance SOC 1, SOC 3 and of the new development (defined as 400m, taking into account SOC 4. barriers such as main roads, railways and canals, which restrict access). Public open space should be sited where it will be overlooked, safe, useable and accessible to all residents and designed to local authority criteria. It should take into account the needs of people with disabilities and any cultural needs identified in consultation with local residents. The key aim of large scale redevelopments is to achieve a good quality environment overall coupled with a good housing stock. Birmingham City Council These guidelines set out the principles of good shopfront design. They help Incorporated in (1996) Shopfronts design establish the ground rules for the design of shop fronts and advertisements. sustainability guide objective ENV 2, ECON 2 and ECON 3.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Birmingham City Council This expands on policies for shopping and local centres in the UDP and to Incorporated in (2012) Shopping and bring Birmingham’s polices for shopping and local centres up to date and in line sustainability Local Centres SPD with national planning policy. objectives ENV 2, ECON 1, ECON 2 Within the Primary Shopping Areas at least 55 % of all ground fl oor and ECON 3. units in the Town and District Centres should be retained in retail (Class A1 use) and 50% of all ground fl oor units in the Neighbourhood Centres should be retained in retail (Class A1) use. Applications for change of use out of A1 will normally be refused if approval would have led to these thresholds being lowered, unless exceptional circumstances can be demonstrated in line with Policy 3. No more than 10% of units within the centre or frontage shall consist of hot food takeaways. Applications for new A3, A4 and A5 uses are encouraged within the Centre Boundary of Town, District and Neighbourhood Centres, subject to avoiding an over concentration or clustering of these uses that would lead to an adverse impact on residential amenity. Birmingham City Council Guidance relating to the use of land and buildings for residential Incorporated in (2001) Specific needs accommodation, and in certain cases associated care, to people whose sustainability residential uses SPG housing needs may be termed 'specific'. objectives ENV 2 and Targets: SOC 2. 1 Parking space per 3 beds. a) Single room used for living/sleeping/cooking – 15.0sq.m. b) Two room letting as living/sleeping room and separate kitchen One individual: 12.50sq.m (135 sq.ft.) floor area Two individuals: 18.0sq.m (190sq.ft.) c) Two room letting with kitchen/living room and separate bedroom One individual bedroom: 6.50.sq.m (70sq.ft.) floor area One individual kitchen/living area: 11.50sq.m (120sq.ft) floor area Two individual’s bedroom: 12.50sq.m. (135 sq.ft.) floor area Two individual’s kitchen/living room: 15.0sq.m. (160sq.ft.) floor area Birmingham City Council This Supplementary Planning Document (SPD) is intended to provide guidance Incorporated in (2008) to the public, licensed telecommunications operators and planners on the sustainability Telecommunications process for the control of telecommunications development and for its siting objective ENV 4. development mobile and appearance within Birmingham. phone infrastructure SPD
Birmingham City Council Birmingham City Council’s Council Plan and Budget for 2018/19 – 2021/22 Incorporated in (2018) Council Plan and setting the objectives, priorities and spending plans of the City Council and the Sustainability Budget 2018+ tough decisions that have been made for the 2018/19 financial year ensure a Objectives 1 – 15 balanced financial position and long-term financial sustainability. Birmingham City Council Birmingham Connected is directly linked to the strategies and policies of the Incorporated in (2014) Birmingham BDP. Investing in a radically improved integrated transport system will realise Sustainability Connected White Paper the city’s potential to support sustainable economic growth, job creation and Objectives ENV 3, linking communities. ENV 6, ECON 2, SOC 1 and SOC 3. As well as the above Birmingham Connected covers a number of other agendas. Its vision is to create a transport system which puts the user first and delivers the connectivity that people and businesses require. We will improve people’s daily lives by making travel more accessible, more reliable, safer and healthier and using investment in transport as a catalyst to improve the fabric of our city. We also want to use the transport system as a way of reducing inequalities across the city by providing better access to jobs, training, healthcare and education as well as removing barriers to mobility. Birmingham City Council The document’s vision is to make Birmingham the first sustainable global city in Incorporated in (2008) Sustainable modern Britain. It will be a great place to live, learn, work and visit: a global city Sustainability Community Strategy with a local heart. Objectives ENV 2, ENV 6, SOC 3,
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Five outcomes Birmingham people will be enabled to: 1. Succeed economically ECON 2, SOC 4, 2. Stay safe in a clean, green city 3. Be healthy 4. Enjoy a high quality of life 5. SOC 5. Make a contribution
Birmingham City Council The Employment Land Review (ELR) provides an analysis of the employment Incorporated in (2012) Employment Land land supply position in Birmingham, recent completions, key conclusions and Sustainability Review recommendations for future action. Objectives ECON 1 and ECON 3. As the supply of best urban employment land has declined over recent years. There is a need to identify new employment land opportunities to ensure that an adequate supply of land is maintained. The Washwood Heath sites be excluded from the potential best urban supply at present due to the proposed HS2 route safeguarding. Given that the supply of good urban land is low and the scope for new opportunities is limited, existing good urban employment land be retained in industrial use and new opportunities safeguarded. That the approach for the Protection of Employment land set out in the Supplementary Planning Document on the 'Loss of Industrial Land to Alternative Uses' be maintained. This aims to protect good quality sites whilst recognising that poor quality and outdated sites should either be upgraded or used for new development where appropriate Maximise the use of available funding sources to promote the delivery of key employment sites such as the Regional Investment Site at East Aston. The City Council continues to work proactively with property agents, major companies, landowners and developers to bring sites forward for development. The use of Compulsory Purchase Orders to assemble land to facilitate employment development be considered where necessary. Where developments involve the loss of employment land an appropriate Section 106 contribution should be secured and utilised to improve other 5 industrial sites. When the Community Infrastructure Levy is adopted a proportion of the monies raised should also be used to improve existing industrial sites. The Greater Birmingham and Solihull Local Enterprise Partnership (GBSLEP) consider the supply of land for strategic sites such as Major Investment Sites and Regional Logistic Sites and the mechanism for delivery. Birmingham City Council This evidence based document provides robust evidence in relation to future Incorporated in (2013) Employment Land requirements for industrial land and office space up to the year 2031. The study Sustainability and Office Targets helped to inform TP17-TP21 in the Birmingham Development Plan. Objectives ECON 1, ECON 3 and ECON 4. Birmingham City Council This evidence based document was commissioned by Birmingham City Incorporated in (2013) Strategic Housing Council in March 2012 to enable the Council to develop planning and housing Sustainability Market Assessment policies and take decisions which encourage the provision of the most Objective SOC 2. appropriate mix of housing (in terms of type, size, tenure, and affordability The study bears directly on two areas of Council policy, housing and planning. It should inform affordable housing policies, by assessing both the total need for affordable housing and the profile of that need in terms of household sizes and types. It should also inform planning policies in the emerging Core Strategy, in particular the housing target, showing how much housing development the Council should provide land for in the next 20 years, in both the market and affordable sectors. The study established that for the housing market area (comprising Birmingham, the Black Country, Bromsgrove, Coventry, Lichfield and Solihull), the best available estimate of objectively assessed housing need to 2031 is for some 9,300 net new homes per annum. Birmingham City Council The SHLAA is a study of sites within Birmingham that have the potential to Incorporated in (2018) SHLAA 2017 accommodate housing development. Its purpose is to provide evidence to Sustainability support the Local Development Framework, in particular the Birmingham Objective SOC 2. Development Plan. It is a key component of the evidence base to support the delivery of land to meet the need for new homes within the city. It is not a decision making document and it does not allocate land for development.
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Plan, Programme or Objectives and Targets identified in the Document Use in Strategy Sustainability Objectives
Birmingham City Council The Statement of Community Involvement (SCI) sets out how we will Incorporated in (2008) Statement of encourage more people to participate in decision-making in Planning. The Sustainability Community Involvement document sets out our minimum standards for consultation on new policies and Objective SOC 5. planning applications. The key objectives are: a) We will consult early in the development process - this will help to ensure
that the views of the community, specific consultation bodies, developers and businesses are fed into the process at the outset. Early engagement is one of the government’s objectives in reviewing the planning system. b) Use appropriate consultation methods for each document and for each community. c) Use plain English for all documents. d) Be prepared to experiment with a wide range of innovative consultation methods. e) Ensure that everyone, including people from under-rep Birmingham City Council Our strategy ‘Imagination, Creativity and Enterprise’ represents the cultural Incorporated in (2017) Birmingham fabric of Birmingham. It was developed in partnership with many cultural sector Sustainability Cultural Strategy organisations, businesses, educational institutions and individuals. Multiple Objectives ENV 4, agencies use it to deliver the agreed actions and outcomes and advocate on SOC 1, and ECON 4 behalf of the cultural sector. . The strategy has five themes through which the vision will be delivered: 1. Culture on Our Doorstep Becoming a leader in cultural democracy where people come together to co-create, commission, lead and participate in a wide range of locally relevant, pluralistic and community driven cultural ventures. 2. Next Generation Ensuring that all children and young people have opportunities to engage with a diverse range of high quality arts and cultural experiences at every stage of their development and which they value as worth it. 3. A Creative City Supporting and enabling the growth of creative and cultural SMEs and micro-businesses and individuals through business support, skills and talent development and access to finance. 4. Our Cultural Capital Cementing Birmingham’s role and reputation as a centre of imagination, innovation and enterprise, with local roots and international reach. 5. Our Cultural Future Adapting our business models to ensure they are capable of sustaining and growing the sector into the future through collaboration, diversification, rebalancing and devolution Birmingham City Council The Birmingham Community Cohesion Strategy (Green Paper) sets out Incorporated in (2018) Community proposals for a collaborative approach in which the City Council works Sustainability Cohesion Strategy (Green alongside residents, local organisations and city partners to ensure Birmingham Objectives ENV 4, Paper) is a place where people from different backgrounds can come together to SOC 1, and ECON 4 improve things for themselves and their communities. This is a draft (Green . Paper) document at present but is expected to be adopted during 2019. https://www.birminghambeheard.org.uk/economy/community-cohesion- strategy/
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2.2 Environmental, social and economic baseline and evolution without the Plan
2.2.1 The SEA Regulations require that information is provided on “... the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan.”
2.2.2 The analysis of the baseline information led to the identification of a number of issues relevant to the Development Management DPD, as set out in Table 2.3. These issues are used in combination with the review of plans and programmes and the SA/SEA of the Birmingham Development Plan to inform the development of the Sustainability Objectives and the Assessment Framework as set out in chapter 3.
Table 2.3 Baseline summary and issues relevant to the Development Management DPD
Topic Summary of Baseline Issues Arising Supporting Likely evolution Evidence without the Plan
Biodiversity and The City has 2 SSSIs and a number of other statutory and non- statutory Biodiversity and greenspace resources, BDP; AMR, In the absence of the geodiversity designated sites which cover approximately 10% of the City. There is one Local including locally and nationally Birmingham and DM DPD, there is likely Nature Reserve designated in order to protect its geodiversity. The important sites, across the City are Black Country to be less opportunity Birmingham and Black Country Nature Improvement Area (NIA) Ecological mapped and managed. Development NIA Ecological for the scrutiny of the Strategy provides a landscape-scale framework for action to conserve and Management policies will be important Strategy, and BCC impacts of specific enhance biodiversity and geodiversity and to improve ecological networks in protecting the integrity of biodiversity and EcoRecord development in across the City. The Cannock Chase to Sutton Park Project is another example and geodiversity assets, including data. specific locations on of landscape-scale action. designated sites, important habitats and biodiversity and Biodiversity and Geodiversity is linked to issues related to air quality, water legally protected and notable species geodiversity. quality, soil quality, health and natural landscape. both directly and indirectly. For example, continued monitoring of developments on the periphery of designated sites will be important to determine potential indirect and cumulative impacts. Monitoring the potential effects of developments on biodiversity and geodiversity assets more generally is also important because of the potential for these to be influenced by a variety of environmental pathways.
Population and Birmingham is the major employment centre for the West Midlands. The population of Birmingham is ONS population In the absence of the health Birmingham has a high proportion of economically inactive people e.g. predicted to grow considerably over the estimates DM DPD, there is likely
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Topic Summary of Baseline Issues Arising Supporting Likely evolution Evidence without the Plan
students, people caring full-time for relatives. Unemployment is higher than next 20 years and the emerging BDP to be less opportunity the national average. The economic activity rate for Black and Minority Ethnic Birmingham Development Plan is for the scrutiny of the residents is far higher than that for white residents. responding to this change through the impacts of specific There is significant disparity in terms of average household income between provision of housing and employment development in Birmingham’s constituencies. About 40% of Birmingham’s residents live in land across the City. The locations of this specific locations on areas that are in the most deprived 10% in England. Concentrations are very development could place greater and the health and well- high in wards to the east, north and west of the City Centre and also in Tyburn different demands on the application of being of the City’s and Kingstanding Wards to the north of the M6 motorway. Unemployment Development Management policies, population. rates are above the national average. requiring, for example, that they facilitate development in areas of need Economy and Equality is linked to issues related to poverty, learning and skills, and cumulatively do not result in equality, housing and community involvement. negative effects on specific population Birmingham faces several issues relating to housing: there are large numbers groups, areas of the City or key issues of homeless people, social housing is in need of updating and relocating, and such as health through, for example, the number of households is increasing. House prices in Birmingham peaked access to greenspace or reductions in in January 2008 and sharply declined through to 2010, and now have motor transport. Consideration of the stabilised. This suggests that the affordability of housing for poorer families wider effects of policy application, such and first-time buyers has declined due to other national economic conditions. as on health, will also be important through, for example, the control of Housing is linked to issues related to poverty, equality, built and historic certain kinds of development in local environment, natural landscape, sense of place, resource use, energy efficiency centres. and sustainable design, construction and maintenance. The number of residents feeling in poor health is higher than the national average, and people in Birmingham have generally less healthy lifestyles than the English average. Life expectancy in Birmingham is below the England average. Health is linked to issues related to air quality, water quality, biodiversity, natural landscape, culture, sport and recreation, equality and crime. Air quality is an issue as the whole City is designated as an Air Quality Management Area (AQMA); the main source pollutant being nitrogen dioxide as a result of pollution from vehicle emissions. There is a strong correlation between traffic congestion and poor air quality. Given the allocation of an AQMA, and the requirement to maintain an Air Quality Action Plan (AQAP) to direct compliance with national objectives, air quality should improve within the City. In order to deliver compliance, Government has determined the need for Birmingham to introduce a Clean Air Zone (CAZ) to control road transport
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Topic Summary of Baseline Issues Arising Supporting Likely evolution Evidence without the Plan
related emissions particularly Nitrogen Dioxide. A Clean Air Zone feasibility study to determine the type and extent of the zone is underway. Air Quality is linked to issues related to biodiversity, health, sustainable transport reducing the need to travel, climate change mitigation and adaptation). Noise pollution is a problem in some parts of the city, with Birmingham airport and traffic being the principal sources. It is anticipated this trend will continue. Noise is linked to issues related to sustainable transport and housing.
Water resources and New additional water management measures or water resources needed to Water resources are under pressure in Catchment The BDP contains quality ensure there is sufficient water for new housing proposed in the Birmingham Birmingham and across the regional Abstraction specific policies on Plan. New foul drainage infrastructure will also be required to support the generally, with reliance on external Management water management proposed level of growth. sources such as Wales. Development Strategies measures which Resource Use is linked to issues related to water quality. Management policies, in combination (CAMS) development will with the BDP, should contribute to the Humber River adhere to. protection of water resources and quality Basin through the application of development Management standards which encourage prudent Plan water resource use and guard against pollution. Severn Trent Water Resources Management Plan BDP
Climate change CO2 emissions and the heat island effect are significant climate related issues Climate change impacts for Birmingham UKCP09 The BDP contains which need to be actively managed to avoid their effects becoming more are likely to consist of higher predictions policies (TP1 – TP4) detrimental in the coming decades. Use of the City’s Green Infrastructure temperatures and more extreme events, relating to climate Birmingham network will be particularly important in addressing this issue. including rainfall leading to flooding. Climate Change change, although the Whilst it is challenging for Development DM DPD allows for the Reducing and Managing Climate Change is linked to issues related to Action Plan 2010, Management policies to be specific on scrutiny of the impacts sustainable transport, reducing the need to travel, air quality, biodiversity Carbon Roadmap health and natural landscape. climate change adaptation measures, the 2013 of specific design of buildings for example will be development on Recent developments have shown evidence of energy efficiency, but the large important, as will the continued BDP climate change. number of old properties in the City will need improving to make them more encouragement of CO2 reductions energy efficient, building on current initiatives. through energy efficiency measures and encouraging pedestrian, cycling and
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Topic Summary of Baseline Issues Arising Supporting Likely evolution Evidence without the Plan
Energy Efficiency is linked to issues related to renewable energy, sustainable public transport access wherever design construction and maintenance, housing and social and environmental possible. responsibility. Although the city has good public transport infrastructure, it needs expanding and upgrading to help minimise the high level of car use in Birmingham. A commitment is set out to achieve this. Emphasis will be placed on ‘smarter travel’, discouraging unnecessary journeys and encouraging people to use public transport. Congestion is a significant issue at certain times on both road and rail. Sustainable Transport is linked to issues related to air quality, reducing the need to travel, health, climate change mitigation and adaptation. A very small proportion of people who work and live in the city (one tenth) work from home and therefore avoid travelling to work. There is little evidence of people being actively encouraged to work from home. More emphasis needs to be placed on ‘smarter travel’, discouraging unnecessary journeys, encouraging people to use public transport, and the provision of new/enhanced footways and cycleways. Reducing the need to travel is linked to issues related to sustainable transport, air quality, health, climate change mitigation and adaptation and noise.
Flood risk, incidences Birmingham City Council has a good record of taking on board Environment Sources of flood risk are from river Birmingham The BDP contains of flooding and flood Agency comments in terms of permitting development in flood risk areas. It is flooding, surface water flooding, sewer Strategic Flood specific policies on defences recognised by the City Council that measures will need to be put in place to flooding and groundwater flooding. Risk Assessment water management manage and where possible reduce flood risk. Use of the City’s Green There are around 9,000 properties at risk BCC records measures which Infrastructure network will be particularly important in addressing this issue. from fluvial flooding and 30,000 from development will surface water flooding (1 in 100 year Managing and Reducing Flood Risk is linked to issues related to health and adhere to. well-being, biodiversity and infrastructure provision. event). These risks will be taken into account as part of the assessment of applications for development.
Material Assets Good use is being made of previously developed land as a very high Development Management policies, in ONS data In the absence of the (housing, economy, proportion of new housing and office development has taken place on combination with those of the BDP, will BDP DM DPD, there will be key infrastructure, previously developed land. Multifunctional use of land is also important with be influential in promoting the efficient less opportunity to minerals and waste) the City’s Green and Blue Infrastructure network having an important role to use of material assets through, for monitor and evaluate play in achieving this. example, attention on energy efficiency the specific effects on standards, the use of recycled material assets of aggregates and promotion of waste developments, and in
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Topic Summary of Baseline Issues Arising Supporting Likely evolution Evidence without the Plan
Efficient Use of Land is linked to issues related to soil quality, flood risk, water management. The effects are likely to be turn promote more quality, natural landscape, built and historic environment, biodiversity culture, cumulative and long term in character, sustainable sport and recreation and sense of place.Use of renewable energy could be associated with the progressive management of these. significantly improved. replacement of the City’s housing stock Renewable Energy is linked to issues related to climate change mitigation and through renewal and new build. adaptation. There is high demand for housing in Landfill diversion rates are increasing in the City, and past targets for recycling Birmingham and not all of it can be met have been met. within Birmingham itself and demand for housing is likely to continue to increase The percentage of waste sent to landfill within the City has decline to one third with forecast population growth. of its level ten years ago, whilst recycling has trebled. Given European and National targets it is likely these trends will continue.
Waste Reduction and Minimisation is linked to issues related to air quality, soil quality, natural landscape and built and historic environment.
Cultural heritage Birmingham has a large amount of land designated as Conservation Areas, Cultural heritage is a diverse, City-wide BDP In the absence of the some of which are nationally recognised such as the Jewellery Quarter and asset which can be vulnerable to the DM DPD, there will be Bourneville. The City also has an extensive number of archaeological remains effects of development, both direct and less opportunity to Listed Buildings and Registered Parks & Gardens. indirect, short-term and cumulative. monitor and evaluate Criteria guiding Development Built and Historic Environment is linked to issues related to sense of place, the specific effects of Management policies will help to avoid housing, sustainable design, construction and maintenance, crime and poverty. development on immediate impacts, but monitoring will cultural heritage. be required to ensure that here are no unintended consequences for example in relation to the wider setting of cultural heritage assets which can be affected by cumulative development.
Landscape and Although much of Birmingham is built up, there is a significant amount of Although much of Birmingham is built BDP Whilst the BDP (policy townscape open land within the City including areas of agricultural land to the north east up, there is a significant amount of open PG3) addresses place- and south west of the City. The City falls within the National Character Areas land within the City. Landscape making, in the absence (NCAs) of Arden to the south and Cannock Chase and Cank Wood to the character is a key contributor to regional of the DM DPD there north. The assessment of these areas for the Countryside Quality Counts and local identity, influencing sense of will be less opportunity project for Natural England indicates that they are subject to a high rate of place, shaping the settings of people’s to scrutinise specific change. Most of Birmingham is built up, but 15% of the City is designated as lives and providing a critical stimulus to matters relating to Green Belt. their engagement with the natural landscape and trees.
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Topic Summary of Baseline Issues Arising Supporting Likely evolution Evidence without the Plan
Natural landscape is linked to issues related to biodiversity, health, soil quality, environment. The Development sense of place, culture, sport and recreation, climate change mitigation and Management DPD, in combination with adaptation, managing and reducing flood risk. the BDP, will be influential in helping to retain a sense of character across the City in the context of development pressures.
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3. Methodology
3.1 The SA Framework
3.1.1 The SA Framework comprises of 15 objectives and associated guide questions. Broadly, the SA objectives present the preferred environmental, social or economic outcome which typically involves minimising detrimental effects and enhancing positive effects. They have been developed to enable a comprehensive assessment of the likely significant effects of the implementation of the Development Management DPD by covering key environmental, social and economic issues.
3.1.2 The development of the SA objectives has been informed by the review of plans and programmes, the analysis of the baseline evidence and the consideration of the key sustainability issues for Birmingham (presented in Table 2.3). In addition, they also reflect comments received during the Regulation 18 consultation of the SA Scoping Report (summarised in Appendix C) and the DM DPD (June 2015).
3.1.3 Table 3.1 sets out the Framework for assessing the sustainability performance of the Development Management DPD, specifically evaluating whether there are likely to be any significant effects associated with implementation of the DPD.
Table 3.1 Sustainability Objectives, Guide Questions and Indicators
SEA Directive Sustainability Objectives Guide Questions Potential Indicators Topic Area(s)
Material assets ENV1 To encourage development that optimises Will the use of Proportion of new the use of previously developed land and buildings previously developed development on previously land be encouraged? developed land used Will development Development densities densities be maximised? achieved
Material assets ENV2 To promote the application of high Will development be Proportion of developments standards of design, construction and maintenance encouraged to meet and meeting energy efficiency of buildings where possible exceed standards for design, standards for energy construction and efficiency? maintenance
Material assets ENV3 To encourage the use of sustainable Will development be Work place travel plans methods of transport and reduce the need to encouraged to Measures to promote travel incorporate measures sustainable transport such which promote as provision for cyclists sustainable transport? Will development help to reduce the need to travel?
Landscape & ENV4 To encourage high quality development Will development Development affecting townscape, which protects and enhances Birmingham’s cultural protect and where historic assets cultural heritage, and natural heritage possible enhance the Development affecting biodiversity & City’s cultural and natural assets including geodiversity natural heritage? open space
Climatic Factors ENV5 To promote development which anticipates Will development help Renewable energy installed and responds to the challenges associated with to reduce flood risk? Other measures installed such as SUDS
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SEA Directive Sustainability Objectives Guide Questions Potential Indicators Topic Area(s)
climate change, particularly managing and Will development take Flooding events reducing floodrisk into account and actively Approvals made contrary to mitigate climate change EA advice impacts?
Water resources, ENV6 To promote development which makes best Will development Water use and technologies air quality, use of water resources, reduces pollution and incorporate water Changes in water quality material assets encourages sustainable waste management efficiency measures? Change to/within Air Quality Will development Management Areas actively avoid creating additional pollution Noise complaints burdens? Sustainable waste management
Population and ECON1 To help improve the performance of the Will development Employment creation by health local and City-wide economy to provide promote growth in key area and type opportunity for all economic sectors? Business start-ups Will development contribute to encouraging a culture of enterprise and innovation?
Population and ECON2 To help promote the vitality of local Will development Local centre health checks health centres contribute to the maintenance and enhancement of the vitality of local centres?
Population and ECON3 To promote the regeneration of areas Will development Location and type of health across the City through appropriate development contribute to development regeneration of areas of the City most in need?
Population and ECON4 To encourage investment in learning and Will development Local initiatives to promote health skills development contribute to investment skills development in learning and skills?
Population and SOC1 To help ensure equitable access to Will development help Accessibility indices of key health community services and facilities to promote equitable facilities access to services?
Population and SOC2 To help provide decent and affordable Will development help Development types and health housing for all, of the right quantity type, tenure to promote access to a spatial distribution and affordability to meet local needs range of housing types which meet the needs of residents?
Population and SOC3 To encourage development which promotes Will development help Activity levels by area and health health and well-being to promote a healthier, sector of the population more active population?
Population and SOC4 To encourage development which helps to Will development help Crime levels by area and health reduce crime, the fear of crime and antisocial to discourage crime? type behaviour
Population and SOC5 To enable communities to influence the Will public participation Participation in health decisions that affect their neighbourhoods and be encouraged as part consultations quality of life of the planning of new development?
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3.2 Appraisal Methodology
3.2.1 Based on the contents of the Development Management DPD detailed in Section 1.4, the SA Framework has been used to appraise the DPD Objectives and Development Management policies. The approach to the appraisal of each of the elements listed above is set out in the sections that follow.
DPD Objectives
3.2.2 It is important that the Objectives of the DPD are aligned with the SA objectives. The Objectives contained in the DPD (see Section 1.4) have therefore been appraised for their compatibility with the objectives that comprise the SA Framework to help establish whether the proposed general approach to the DPD is in accordance with the principles of sustainability. A compatibility matrix has been used to record the appraisal, as shown in Table 3.2 below.
Table 3.2 Compatibility matrix
DPD Objective SA Objective Objective 1 Objective 2 Objective 3 Objective 4
ENV1 To encourage development that optimises the use of previously developed 0 0 + ? land and buildings
ENV2 To promote the application of high standards of design, construction and + - + + maintenance of buildings
Etc... + 0 + ?
Key
Objectives are Uncertain if No clear relationship Objectives are potentially Objectives are + ? ~ between Objectives - potentially incompatible compatible related
DPD Policies
3.2.3 The proposed Development Management policies have been appraised against each of the SA objectives that comprise the SA Framework using an appraisal matrix. The matrix includes:
The SA objectives;
A score indicating the nature of the effect for each option on each SA objective;
A commentary on significant effects (including consideration of the cumulative, synergistic and indirect effects as well as the geography, duration, temporary/permanence and likelihood of any effects) and on any assumptions or uncertainties; and
Recommendations, including any mitigation or enhancements measures.
3.2.4 The format of the matrix that has been used in the appraisal is shown in Table 3.3. A qualitative scoring system has been adopted which is set out in Table 3.4. The proposed policies contained in the DPD have been appraised against the SA objectives with a score awarded both for each
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constituent policy and for the cumulative effect of each policy. The appraisal matrices are presented at Appendix A.
Table 3.3 Appraisal matrix
Cumulative, Secondary SA Objective Score and Temporal Effects of Commentary the Proposed Policy ENV1 To Likely Significant Effects encourage development A description of the likely significant effects of the preferred option on that optimises the SA objective has been provided here, drawing on baseline the use of information as appropriate. previously Mitigation developed land - - Mitigation and enhancement measures are outlined here. and buildings Assumptions Any assumptions made in undertaking the appraisal are listed here. Uncertainties Any uncertainties encountered during the appraisal are listed here. ENV2 To Likely Significant Effects promote the application of A description of the likely significant effects of the preferred option on high standards the SA objective has been provided here, drawing on baseline of design, information as appropriate. construction Mitigation and + + Mitigation and enhancement measures are outlined here. maintenance of buildings Assumptions Any assumptions made in undertaking the appraisal are listed here. Uncertainties Any uncertainties encountered during the appraisal are listed here. Etc.
Table 3.4 Appraisal Scoring system
Score Description Symbol
Significant Positive The proposed option/policy contributes significantly to the achievement of the objective. Effect ++ The proposed option/policy contributes to the achievement of the objective but not Minor Positive Effect significantly. + Neutral The proposed option/policy does not have any effect on the achievement of the objective 0 Minor The proposed option/policy detracts from the achievement of the objective but not Negative Effect significantly. -
Significant The proposed option/policy detracts significantly from the achievement of the objective. Negative Effect --
There is no clear relationship between the proposed option/policy and the achievement of No Relationship the objective or the relationship is negligible. ~ The proposed option/policy has an uncertain relationship to the objective or the Uncertain relationship is dependent on the way in which the aspect is managed. In addition, ? insufficient information may be available to enable an appraisal to be made. NB: where more than one symbol/colour is presented in a box it indicates that the appraisal has identified both positive and negative effects. Where a box is coloured but also contains a ‘?’, this indicates uncertainty over whether the effect could be a minor or significant
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effect although a professional judgement is expressed in the colour used. A conclusion of uncertainty arises where there is insufficient evidence for expert judgement to conclude an effect.
3.3 Geographical and temporal scope
3.3.1 The geographical scope of the SA principally relates to administrative area of the City of Birmingham, but also takes into account sub-regional, regional and national impacts where appropriate. Birmingham’s position as the principal settlement of the West Midlands means that it’s environmental, social and economic role and impact reach far beyond its immediate boundaries, with attendant implications for key sustainability issues such as carbon emissions, housing provision and wealth creation. The assessment considers sustainability issues and effects in relation to the short term (1-5 years), medium term (5-10 years) and longer term, (10-20 years), the latter being the intended lifespan of the Development Management DPD (to 2031).
3.4 Mitigation
3.4.1 Identifying effective mitigation measures will also be an important part of the Environmental Report. Box 3.1 provides information on types and examples of mitigation measures that might be proposed and includes an overview of the mitigation hierarchy. The mitigation hierarchy is based on the principle that it is preferable to prevent the generation of an impact rather than counteract its effects. It thus suggests that mitigation measures higher up the hierarchy should be considered in preference to those further down the list.
Box 3.1 Mitigation Hierarchy and Example Measures
Mitigation measures should be consistent with the mitigation hierarchy (after DETR 199719 and CLG 200620): Avoidance - making changes to a design (or potential location) to avoid adverse effects on an environmental feature. This is considered to be the most acceptable form of mitigation. Reduction - where avoidance is not possible, adverse effects can be reduced through sensitive environmental treatments/design. Compensation - where avoidance or reduction measures are not available, it may be appropriate to provide compensatory measures (e.g. an area of habitat that is unavoidably damaged may be compensated for by recreating similar habitat elsewhere). It should be noted that compensatory measures do not eliminate the original adverse effect, they merely seek to offset it with a comparable positive one. Remediation - where adverse effects are unavoidable, management measures can be introduced to limit their influence. Enhancement - where there are no negative impacts, but measures are adopted to achieve a positive move towards the sustainability objectives e.g. through innovative design. Examples of how mitigation measures could be incorporated into DM DPD proposals could include:
Ensuring that development management decisions are scrutinised for consistency, cumulative impacts and potential unintended consequences at site, neighbourhood and City-wide levels.
Monitoring the scope the DM DPD and its relationship with the BDP, and where there could be policy gaps.
Monitoring the impacts of particular policies and their effectiveness, particularly in respect of the criteria used to help define the policy.
19 Department of the Environment, Transport and the Regions (1997) Mitigation Measures in Environmental Statements. London: DETR 20 Department for Communities and Local Government (2006): Consultation Document - EIA: A guide to good practice and procedures. London: CLG
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3.5 Who carried out the appraisal
3.5.1 The SA has been undertaken by Wood on behalf of Birmingham City Council.
3.6 Difficulties encountered
The SEA Directive requires the identification of any difficulties (such as technical deficiencies or lack of knowledge) encountered during the appraisal process. These uncertainties and assumptions are detailed in the appraisal matrices. Those uncertainties and assumptions common across the appraisal are outlined below.
Uncertainties
The case-by-case character of individual development proposals which although of a similar type could yield different sustainability outcomes depending on their location.
The cumulative sustainability impacts of developments in a particular area.
The trade-offs which might be required between environmental, social and economic sustainability outcomes in light of the specific character of developments.
Notwithstanding monitoring of various indicators (as part of the BDP as a whole), the difficulty of precisely measuring the sustainability impacts (positive and negative) of specific developments in particular localities and over time.
Assumptions
That all development proposals will be consistently judged against the policy requirements of the DM DPD and the BDP more widely, including wider statutory measures relating, for example, to energy efficiency in buildings and air pollution.
That monitoring of the environmental, social and economic impacts of development will enable judgements to be made on the overall sustainability of development in the City, and in turn feed back into policy evolution.
That policy will be implemented consistently across the City and the results of DM decisions monitored accordingly.
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4. Appraisal of the Draft Development Management DPD and Reasonable Alternatives
4.1 Compatibility between the DPD Objectives and the SA Objectives
4.1.1 Testing the compatibility between the SA Objectives and Plan Objectives is a requirement of the SA/SEA process. It helps to identify at an early stage where there could be conflict between the two sets of objectives, particularly in respect of economic and social objectives which can sometimes be at odds with environmental objectives.
4.1.2 The following Objectives (mirroring those of the BDP) have been set for the emerging Development Management DPD:
1. To develop Birmingham as a City of sustainable neighbourhoods that are safe, diverse and inclusive with locally distinctive character.
2. To make provision for a significant increase in the City’s population.
3. To create a prosperous, successful and enterprising economy with benefits felt by all.
4. To promote Birmingham’s national and international role.
5. To provide high quality connections throughout the City and with other places including encouraging the increased use of public transport, walking and cycling.
6. To create a more sustainable City that minimises its carbon footprint and waste, and promotes brownfield regeneration while allowing the City to grow.
7. To strengthen Birmingham’s quality institutions and role as a learning City and extend the education infrastructure securing significant school places.
8. To encourage better health and well-being through the provision of new and existing recreation, sport and leisure facilities linked to good quality public open space.
9. To protect and enhance the City’s heritage assets and historic environment.
10. To conserve and enhance Birmingham’s natural environments, allowing biodiversity and wildlife to flourish.
11. To ensure that the City has the infrastructure in place to support its future growth and prosperity.
4.1.3 Table 4.1 presents an assessment of the compatibility between these Objectives and the SA Objectives.
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Table 4.1 Compatibility between the Development Management DPD Objectives and the SA Objectives
Plan Objectives
Sustainability Objectives 1. Sustainable Neighbourhoods 2. PopulationGrowth 3. Prosperity 4. National & International Role 5. Connectivity City Sustainable 6. 7. Education 8. Health & Well-being 9. Heritage 10. Natural Environment 11. Infrastructure
ENV1 To encourage development that optimises the use of previously developed + + ? ? ~ + ~ + ~ ? ~ land and buildings
ENV2 To promote the application of high standards of design, construction and + ~ ~ + ~ ~ ~ ~ + ~ ~ maintenance of buildings
ENV3 To encourage the use of sustainable methods of transport and reduce the need + ~ + ? + + ~ + ~ ~ + to travel
ENV4 To encourage high quality development which protects and enhances Birmingham’s cultural and natural heritage, + ? ~ + + + + + + + including resilient ecological networks able to meet the demands of current and future pressures
ENV5 To promote development which anticipates and responds to the challenges associated with climate change, + ? ? ~ ~ + ~ + ? ? ? particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water resources, + ? ? ~ ~ + ~ + ~ + ~ reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City-wide economy to + + + + ~ + + + ? ? ~ provide opportunity for all
ECON2 To help promote the vitality of + + ~ ~ + ~ ~ ~ ~ ~ local centres
ECON3 To promote the regeneration of areas across the City through appropriate + + + ~ + + ~ + ~ ~ + development
ECON4 To encourage investment in ~ ~ + ~ ~ ~ + ~ ~ ~ ~ learning and skills development
SOC1 To help ensure equitable access to + ~ + ~ + + + + ~ ~ + community services and facilities
SOC2 To help provide decent and + + ~ ~ ~ ~ ~ + ~ ~ ~ affordable housing for all, of the right
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Plan Objectives
Sustainability Objectives 1. Sustainable Neighbourhoods 2. PopulationGrowth 3. Prosperity 4. National & International Role 5. Connectivity City Sustainable 6. 7. Education 8. Health & Well-being 9. Heritage 10. Natural Environment 11. Infrastructure
quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which + ~ ~ ~ + + ~ + ~ + ~ promotes health and well-being
SOC4 To encourage development which helps to reduce crime, the fear of crime + ~ ~ ~ ~ ~ ~ + ~ ~ ~ and antisocial behaviour
SOC5 To enable communities to influence the decisions that affect their + ~ ~ ~ ~ ~ ~ + ~ ~ ~ neighbourhoods and quality of life
Objectives are Uncertain if No clear relationship Objectives are potentially Objectives are + ? ~ between Objectives - potentially incompatible compatible related
4.1.4 Table 4.1 identifies a number of potential uncertainties between the Sustainability Objectives and those of the emerging Development Management DPD, principally related to the relationship between appropriate business locations and environmental considerations such as reducing the need to travel; contributions to environmental considerations in respect of local centre viability and regeneration; and development which contributes to local distinctiveness and reducing the need to travel. These relationships are unproven, but highlighted as issues which could require monitoring.
4.1.5 The compatibility analysis reveals that the great majority of SA Objectives and Plan Objectives are either compatible or have no direct relationship with one another. No potential incompatibilities between objectives have been identified, although there are a number of uncertain relationships relating to:
Plan Objective 2 (population growth);
Plan Objective 3 (prosperity);
Plan Objective 4 (national and international role);
Plan Objective 9 (heritage);
Plan Objective 10 (natural environment); and
Plan Objective 11 (infrastructure).
4.1.6 The potential uncertainties principally relate to dilemmas in reconciling the need and demand for development with environmental protection (ENV1, 3, 4, 5 and 6 and ECON 1). In many instances, any potential conflicts arising will have to be determined on a case-by-case basis given the particular character and context of development. These uncertainties are not regarded as barriers to
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development although particular attention will have to be paid to the application of policy in light of these relationships.
4.2 Policies and alternatives
4.2.1 The Development Management DPD proposes 15 policies to manage various aspects of development across the City. The policies have emerged through a process of consultation within Birmingham City Council and with interested parties. In reaching the proposed policies, options have been considered in most cases. This took account of the following factors:
To what extent the policy is required in light of the City Council’s corporate objectives and national planning policy.
To what extent there is a reasonable need to update the existing policy (which is the most common instance).
To what extent a potential alternative approach would ensure efficient and effective management of development to meet local needs and priorities to address the specific issues identified in the Scoping Report.
To what extent a potential alternative could be pursued without placing an unreasonable burden on applicants or the decision making process (such as through requirements for supporting information).
4.2.2 In consequence, alternatives that have been considered have included:
Having no policy;
Reliance on national policy (i.e. the NPPF);
Using the existing UDP policy;
Variations on the proposed policy.
4.3 Summary of results and the reasons for selecting/rejecting the alternatives
4.3.1 Table 4.2 summarises the results of the appraisal of policies, drawn from the analysis in Appendix A which appraises the proposed policies against reasonable alternatives.
Table 4.2 Summary of the results of the appraisal of the preferred policy option
Policy Summary of Appraisal of the Proposed Alternatives Considered Policy
Environment and Sustainability
DM1 Air Quality A policy which clearly address environmental No alternative has been identified to this policy - protection issues will help to reinforce existing National policy requires planning to contribute towards regulatory regimes. The outcome is likely to be compliance with relevant limit values or national enhanced sustainability performance across objectives for pollutants and take into account local most indicators, reflecting greater certainty for AQMA and Clean Air Zones (CAZ). Therefore in order to developers in respect of both minimum comply with national policy it is considered necessary to standards and good practice. No likely
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Policy Summary of Appraisal of the Proposed Alternatives Considered Policy
significant negative effects have been set policy aimed at improving air quality and mitigating identified. The policy could benefit from the the impacts of development on air quality. Having no air inclusion of examples of measures against quality policy will risk undermining the AQMA and CAZ which the policy will be implemented and and failure to deliver relevant actions within the City’s air measured. quality action plan, transport strategy and the objectives of the BDP in promoting sustainable development, and helping to address climate change.
DM2 Amenity Good design is important to securing No policy on amenity and rely instead on the NPPF and sustainable development through balancing a ad hoc considerations of proposals on a case by case wide variety of considerations. The detailed basis. criteria within DM01 against which Reason for rejection: The Council believes the preferred developments will be considered serve as a approach will provide a more transparent, consistent and reference point against which specific fairer basis for considering planning proposals than proposals can be considered, thereby helping having no policy. To ensure the successful delivery of the to ensure that development takes account of BDP, amenity considerations are considered important. the specific matters which help to make the The NPPF is clear that planning should seek to secure City and its neighbourhoods attractive and high quality design and a good standard of amenity for successful places to live. The specific all existing and future occupants of land and buildings. requirements of DM02 complement the overarching principles set out in DM01. There are no suggested changes to the content of the policies arising from the appraisal. The option of developing a new policy to address design issues yields more positive sustainability outcomes than the reasonable alternatives presented.
DM3 Land affected by A policy which clearly addresses environmental No alternative to this policy has been identified - Contamination and protection issues will help to reinforce existing Environmental health legislation requires local Hazardous Substances regulatory regimes. The outcome is likely to be authorities to identify contaminated land and ensure it is enhanced sustainability performance across managed in an appropriate manner. The NPPF also most indicators, reflecting greater certainty for stresses the need for policies to ensure that new developers in respect of both minimum development is compatible with its location. The NPPF standards and good practice. No likely makes clear that developers and landowners are significant negative effects have been responsible for securing safe development where a site is identified. There are no suggested changes to affected by contamination. the content of the policy arising from the appraisal.
DM4 Landscaping and Trees and landscaping are fundamental to a No alternative to this policy has been identified - The Trees high quality and ultimately sustainable NPPF and BDP provide strong support for protecting and environment, contributing aesthetically and enhancing valued landscapes. Local planning authorities functionally to the quality of life across the are advised to set criteria based policies against which City. Specification of expectations for design proposals for any development on or affecting protected and use of trees and landscaping as part of wildlife or landscape areas will be judged. new development will ensure that, in combination with other policies, high quality design is realised and wider sustainability enhancements are secured. There are no suggested changes to the content of the policy arising from the appraisal, other than cross- referencing Council Strategies relating to Green Infrastructure, for example. The option of developing a new policy to address trees and landscape issues yields more positive
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Policy Summary of Appraisal of the Proposed Alternatives Considered Policy
sustainability outcomes than the reasonable alternative presented.
DM5 Light Pollution A policy which clearly address environmental No alternative to this policy has been identified - The protection issues will help to reinforce existing NPPF is clear that planning policy should limit the impact regulatory regimes. The outcome is likely to be of light pollution from artificial light on local amenity, enhanced sustainability performance across intrinsically dark landscapes and nature conservation. most indicators, reflecting greater certainty for The draft policy provides a detailed approach for developers in respect of both minimum achieving this. standards and good practice. No likely significant negative effects have been identified. There are no suggested changes to the content of the policies arising from the appraisal. The option of developing a new policy to address environmental protection issues yields more positive sustainability outcomes than the reasonable alternative presented.
DM6 Noise and A policy which clearly address environmental No alternative has been identified to this policy - Vibration protection issues will help to reinforce existing National planning policy requires development to regulatory regimes. The outcome is likely to be contribute to and enhance the natural and local enhanced sustainability performance across environment by preventing both new and existing most indicators, reflecting greater certainty for development from contributing to or being put at developers in respect of both minimum unacceptable risk from, or being adversely affected by standards and good practice. No likely unacceptable levels of soil, air, water or noise pollution significant negative effects have been or land instability. In addition the BDP seeks to create identified. There are no suggested changes to well designed, healthy and safe environments. It is the content of the policies arising from the therefore considered necessary to include this policy. appraisal. The option of developing a new policy to address environmental protection issues yields more positive sustainability outcomes than the reasonable alternative presented.
Economy and Network of Centres
DM7 Advertisements A specific policy which clearly controls the No policy on advertisements siting and design of advertisements will Reasons for rejection: Not having a policy and relying provide an important reference point for upon applications being considered against the National ensuring that a range of sustainability benefits Planning Policy Framework would not be favoured since are secured, focused on enhancing economic there would be no safeguard against inappropriate development in the City whilst ensuring that advertisements and signs. residential amenity and City-wide amenity is protected. In all cases, the greater certainty and precision associated with an updated policy is likely to yield positive sustainability effects. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing a new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
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Policy Summary of Appraisal of the Proposed Alternatives Considered Policy
DM8 Places of Ensuring the appropriate location and design Retain the wording of existing policy in paragraphs Worship of these uses will help to ensure that 8.31 - 8.35 of the Saved Unitary Development Plan 2005 sustainable development is promoted, and Places for Worship and Faith-related Community particularly having regard to equitable access and Educational Facilities SPD (2011) through public transport and sensitive design Reasons for rejection: This policy needs to be updated to ensuring that impacts on local amenity are reflect Policy TP21 of the BDP which states that the minimised. There are no suggested changes to preferred location for community facilities (e.g. health the content of the policy arising from the centres, education and social services and religious appraisal. The option of developing a new buildings) is within the network of defined centres. policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives No policy on places of worship and faith related presented. community uses. Reasons for rejection: Birmingham has a diverse mix of faiths and cultures. A policy is required to ensure that development for places of worship and faith related community uses takes place in the appropriate locations and their impacts on the local area are managed.
Homes and Neighbourhoods
DM9 Nurseries and A policy which ensures the consistent provision Retain existing UDP policy Childcare of educational facilities of various kinds across Reasons for rejection: The policy requires updating as it the City will help to ensure that there is refers to out of date policies. The existing policy does equitable access (for example through not reflect the Policy TP21 in the BDP which states that sustainable locations) and in a fashion which the preferred location for community facilities (e.g. maintains and enhances local amenity. The health centres, education and social services and precise effects of the policy will have to religious buildings) is within the network of defined monitored to determine whether the policy centres. objectives are being realised in practice. There are no suggested changes to the content of No policy on day nurseries and child care provision the policy arising from the appraisal. The Reasons for rejection: Without a policy on the option of developing a new policy to address development of day nurseries and childcare provision, education-related development issues yields development may result in adverse impacts on the more positive sustainability outcomes than the vitality of local centres, residential amenity and character reasonable alternatives presented. of an area.
DM10 Houses in The sustainability effects of a clear policy which Retain existing UDP policy Multiple Occupation seeks to control Houses in Multiple Reasons for rejection: This policy requires updating as it and other Residential Occupation (HMO) is likely be positive, refers to out of date UDP policies, but the main thrust of Accommodation reflecting the potential issues associated with the policy remains unchanged in DM11. them. The sustainability effects relate to ensuring that local amenity and design quality No policy on HMO is appropriately protected, whilst providing for Reasons for rejection: Without a HMO policy, the needs of those in need. No likely development could result in concentrations of HMOs significant negative effects have been which can lead to a number of negative impacts on local identified. There are no suggested changes to communities, for example more frequent noise nuisance, the content of the policy arising from the depopulation of neighbourhoods during academic appraisal. The option of developing a new vacations, and increased pressure on parking due to policy to address siting and design of these higher population densities. uses yields more positive sustainability Less prescriptive policy outcomes than the reasonable alternatives presented. Reasons for rejection: Defining cumulative impact by using a threshold against which applications will be assessed will aid in transparency and consistency in decision-making.
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Policy Summary of Appraisal of the Proposed Alternatives Considered Policy
DM11 Standards for This policy will yield a range of sustainability Retain existing UDP policy in paragraph 8.39-8.44 of Residential benefits, associated with ensuring that there is the Saved Unitary Development Plan regarding house Development consistent high quality residential extensions. There is no existing policy on housing development throughout the City. No likely technical standards for internal space, outdoor amenity significant negative effects have been space or accessible and adaptable housing. identified. There are no suggested changes to Reasons for rejection: The policy requires updating to the content of the policies arising from the achieve good standards of amenity for the occupiers of appraisal. The option of developing new policy new residential buildings and protect the amenity of to address residential design matters yields nearby occupiers and residents. The general thrust of the more positive sustainability outcomes than the existing policy regarding residential extensions is taken reasonable alternatives presented. forward into the new policy. No minimum space standards or policy on separation distances, outdoor amenity space and accessible and adaptable housing. Reasons for rejection: Having no such policy would risk developments not achieving a reasonable level of amenity therefore impacting on quality of life. Minimum space standards will help to ensure that there is sufficient space, privacy and storage facilities to ensure the long term sustainability and usability of homes. DM9 is consistent with the NPPF requires local planning authorities to seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.
DM12 Self and Promoting self- and custom-build housing No policy on self and custom build housing. Custom-build Housing through a specific policy is likely to yield positive sustainability effects City-wide with no Reasons for rejection: The Council wishes to take a adverse effects identified. There are no proactive approach to supporting individuals or groups suggested changes to the content of the policy of individuals that wish to build their own homes as a arising from the appraisal. The option of more affordable means by which to access home having no specific policy could result in some ownership. It is also a duty upon local authorities to have minor adverse effects relating to social regard to the Self and Custom Build Register in carrying indicators. out their planning, housing, land disposal and regeneration functions.
Connectivity
DM13 Highway Safety Ensuring that there is a rounded approach to No alternative to this policy has been identified - the and Access transport planning across the City should yield NPPF requires development to provide for safe and a broad range of sustainability benefits, suitable access to the site for all users. It states that notably in respect on enhancing the City’s development should only be prevented or refused on economic performance through ensuring more highways grounds if there would be an unacceptable efficient and effective movement. In turn and impact on highway safety, or the residual cumulative more broadly, the well-being of residents is impacts on the road network would be severe. enhanced though the greater opportunities for efficient travel within the City. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
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Policy Summary of Appraisal of the Proposed Alternatives Considered Policy
DM14 Parking and Ensuring that there is a rounded approach to No policy Servicing transport planning across the City should yield Reasons for rejection: National policy makes clear that a broad range of sustainability benefits, parking standards should be determined at the local notably in respect on enhancing the City’s level in response to local circumstances. The proposed economic performance through ensuring more policy supports the implementation of the BDP in efficient and effective movement. In turn and developing a sustainable, high quality, integrated more broadly, the well-being of residents is transport system. It is considered essential that enhanced though the greater opportunities for appropriate parking is provided to contribute to traffic efficient travel within the City. No likely reduction and ensure safety, inclusive development and significant negative effects have been manage any impact on amenity. identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
DM15 Ensuring that the City has an up-to-date No policy Telecommunications telecommunications infrastructure will ensure Reasons for rejection: policy supports the sustainability benefits across a range of implementation of the Policy TP46 Digital objectives, notably the contribution to the Communications of the BDP. The Council supports well- City’s economic performance, creating designed and located high quality communications opportunities for travel reduction and ensuring infrastructure and this policy is intended to facilitate that all residents have equitable access to high provision in line with this aspiration. quality services that enable them to fulfil their economic and social potential. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing new policy to address telecommunications siting matters yields more positive sustainability outcomes than the reasonable alternatives presented.
4.3.2 Table 4.3 summarises the scores, by SA Objective, attributed to the preferred policy option and then provides an overall assessment of the cumulative effects of the 15 preferred policies against each SA Objective.
4.3.3 The results set out in Tables 4.2 and 4.3 demonstrate the overwhelming likely positive or significantly positive effects resulting from implementation of the policies. This reflects their positive intent and the need to deal systematically and objectively with planning issues arising day- today across the City, as well as the experience accumulated through their ongoing implementation through the UDP. More generally, the Development Management policies represent the lowest tier in a hierarchy of planning policies, adding local detail to implement the broader principles of policies within the NPPF and the Birmingham Development Plan. As such they specifically address local issues and are designed to mitigate potential adverse effects associated with development.
4.3.4 No significant negative effects, either associated with specific sustainability objectives or cumulatively have been identified. This contrasts with the scores attributed to the absence of a policy which are typically significantly negative (see Appendix A), reflecting the clear need to systematically control development and the likely consequences of the absence of such a policy framework which is to the benefit of applicants, residents and the City as a whole.
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4.3.5 Some policies have been identified as holding some uncertainty as to their precise effects in respect of meeting sustainability objectives. These apply principally to whether significant positive effects are likely to be fully realised in respect of matters such as sustainable travel and construction, or enhanced access by local communities to skills enhancement from the construction of education facilities, reflecting the case-by-case nature of individual developments and their particular circumstances. Nevertheless, the potential for the realisation of significant positive or positive effects exists.
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Table 4.3 Summary of scores attributed to the Preferred Policy Options
ENV1 optimisepreviouslyof use developed land design, of standards high apply ENV2 maintenance and construction of methods sustainable encourage ENV3 transport and reduce the need to travel ENV4 protectand enhance Birmingham’s heritage and natural cultural to the and respond anticipate ENV5 change, climate with associated challenges managing and reducing floodrisk particularly ENV6 make best use ofwater resources, sustainable encourage and pollution reduce waste management ECON1improve performance the of the local andCity-wide economy to provide all for opportunity ECON2 promote the vitality of local centres areas of regeneration the promote ECON3 across the City ECON4 encourage investment in learning development skills and SOC1 ensure equitableaccess to community facilities and services and affordable decent provide SOC2 housing for all meet local needs and well-being health promotes SOC3 and crime of fear the crime, reduce SCO4 behaviour antisocial SOC5 enable communities to influence the decisions that affect their neighbourhoods and quality of life
DM1 Air Quality ~ ++? + ~ ~ ++? + ~ + ~ ~ ~ ++ ~ ~
DM2 Amenity ~ ++ ~ ++ ~ ~ ++ ++ ++ ~ ~ ~ ++ ~ ~
DM3 Contamination ++ ~ ~ ~ ~ ++? + ~ + ~ ~ ~ ++ ~ ~ and Stability
DM4 Trees, Landscape ~ ++ ~ ++ ++ ++ ++ ++ ++ ~ ~ ~ ++ ++ ~ and Development
DM5 Light Pollution ~ + ~ ++ ~ ~ ~ + ~ ~ ~ ~ ~ + ~
DM6 Noise and Vibration ~ +? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ++ ~ ~
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ENV1 optimisepreviouslyof use developed land ENV2 apply high standards of design, construction andmaintenance ENV3 encouragemethods sustainable of transport and reduce theneed totravel ENV4 protect and enhance Birmingham’s heritage and natural cultural the to respond and anticipate ENV5 change, climate with associated challenges floodrisk and reducing managing particularly ENV6 make best use of water resources, sustainable encourage pollution and reduce waste management ECON1improve theperformance of the local and City-wide economyto provide all for opportunity ECON2 promote the vitality of local centres areas of regeneration the promote ECON3 City the across in learning investment encourage ECON4 development and skills SOC1 ensure equitable access to community services and facilities and affordable decent provide SOC2 housing for all meet local needs and well-being health promotes SOC3 SCO4 reduce crime, the fear of crime and behaviour antisocial SOC5 enable communitiesto influence the neighbourhoods their affect that decisions and quality of life
DM7 Advertisements ~ ++? ~ ++? ~ ~ ++? ++? ~ ~ ~ ~ ~ ~ +
DM8 Places of Worship ++? ++? ++? ++? ~ ~ ~ ++? ++? ~ ++? ~ ++? ~ ++?
DM9 Education Facilities ~ + ++? ~ ~ ~ +? + ~ +? +? ~ +? ~ ~ – Change of Use
DM10 Houses in Multiple Occupation – ++? ~ ~ ++? ~ ~ ~ ~ ~ ~ ~ ++? ~ ++? ++? City wide
DM11 Residential Development ~ ++? ~ ~ ~ ~ ++? ++? ~ ~ ~ ~ ++? ~ ~
DM12 Self and custom- build housing +? +? ~ ~ ~ ~ ~ ~ +? ++? ~ ++ +? ~ ++?
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ENV1 optimisepreviouslyof use developed land ENV2 apply high standards of design, construction andmaintenance ENV3 encouragemethods sustainable of transport and reduce theneed totravel ENV4 protect and enhance Birmingham’s heritage and natural cultural the to respond and anticipate ENV5 change, climate with associated challenges floodrisk and reducing managing particularly ENV6 make best use of water resources, sustainable encourage pollution and reduce waste management ECON1improve theperformance of the local and City-wide economyto provide all for opportunity ECON2 promote the vitality of local centres areas of regeneration the promote ECON3 City the across in learning investment encourage ECON4 development and skills SOC1 ensure equitable access to community services and facilities and affordable decent provide SOC2 housing for all meet local needs and well-being health promotes SOC3 SCO4 reduce crime, the fear of crime and behaviour antisocial SOC5 enable communitiesto influence the neighbourhoods their affect that decisions and quality of life
DM13 Highway Safety ~ + ++ + ~ ~ ~ ++ ~ ~ + ~ + ~ ++? and Access
DM14 Parking ~ + ++? + ~ ~ ~ ++ ~ ~ + ~ + ~ ++
DM15 ~ + + + ~ ~ + + + + + ~ + ~ + Telecommunications
Cumulative Effect of all ~/+/ ~/+/ ~/+/ ~/+/ +/++? +/++? ~/++ ~/++ +/++? ~/+/++ ~/+ ~/+ ~/++? +/++? ~/++? Policies ++? ++? ++? ++?
Sustainability Appraisal Scoring
Score Key: + + + 0 - - - ? ~ Significant positive Minor positive No overall effect Minor negative effect Significant negative Score uncertain No clear relationship effect effect effect
NB: where more than one symbol is presented in a box it indicates that the appraisal has found more than one score for the category. Where a box is coloured but also contains a ‘?’, this indicates uncertainty over whether the effect could be a minor or significant effect although a professional judgement is expressed in the colour used. A conclusion of uncertainty arises where there is insufficient evidence for expert judgement to conclude an effect.
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4.4 Proposed mitigation measures
4.4.1 When considering planning policies, mitigation can usually be in the form of policy amendments. For the Development Management DPD preferred policies, there are no recommendations for the modification of the range of policies. This reflects the positive scores, the absence of negative effects and the intention to use the policies in combination with the policies of the BDP, which for each policy are cross-referenced.
4.4.2 Whilst there are no recommendations for the amendment of policy wording, the following general points can be made in respect of the presentation of the policies in order to make clearer how they will be implemented:
ensure that, wherever possible, the specific criteria against which the policy will be implemented and monitored are included.
For each Development Management policy, provide further detail against the cited BDP policies on how these will work together.
Set out more clearly in paragraph 1.10 of the DPD which matters are covered by the BDP and which by the Development Management DPD, such as the control of various forms of retail development.
Where possible, fully reference BCC strategies on various topics relating to specific policies.
Set out a summary table of how the policies will be monitoring, indicating where this can be covered by the existing Authority Monitoring Report. Some suggestions are given in Section 5.
4.5 Uncertainties and risks
4.5.1 The principal uncertainties centre on the implementation of the policies and the inevitable variability associated with case-by-case judgements. However, any unintended sustainability effects are likely to be localised, and monitoring of implementation is an important part of development management. It is through this mechanism that consistency of implementation and unintended consequences (and hence potential effects on sustainability) should be identified. Monitoring activity has been undertaken for policies applied as part of the Unitary Development Plan and lessons learnt in the development of new policies. It can be assumed therefore that the new policies are more sophisticated and should therefore yield more sustainable effects. Nevertheless, many of the scores retain a ‘?’ to indicate that there is uncertainty associated with their effects.
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5. Next steps
5.1 Preparation of the Submission Development Management DPD
5.1.1 Following consultation and an analysis of the responses, the Council will revise the Preferred Options Development Management DPD to produce a Publication Document which will be subject to a statutory period of public consultation. Following this, a Submission Development Management DPD will be produced. This will be submitted for consideration by an independent planning inspector.
5.2 Finalising the SA Report and Post Adoption Statement
5.2.1 A final Sustainability Report will be produced to accompany the Submission version of the Development Management DPD. Following EiP, and subject to any significant changes to the draft DPD that may require appraisal, the Council will issue a Post Adoption Statement (PAS) as soon as reasonably practicable after the adoption of the DPD. The PAS will set out the results of the consultation and SA processes and the extent to which the findings of the SA have been accommodated in the adopted DPD.
5.3 Monitoring Requirements
5.3.1 Following adoption of the Development Management DPD, there will need to be monitoring of any significant effects identified. Monitoring the sustainability effects of implementing the Development Management DPD should be conducted as part of an overall approach to monitoring the sustainability effects of the BDP and various SPDs across the City. An Authority Monitoring Report is already produced for the BDP and this could be refined to reflect the content of the Development Management DPD and combined with the monitoring of potential sustainability effects.
5.3.2 Table 5.1 sets out a number of suggested indicators for monitoring the potential significant sustainability effects of implementing the Development Management DPD, drawing on indicators that are also used for the Birmingham Development Plan where relevant. Note that the indicators proposed are included as suggestions at this stage, as it is recognised that many datasets may not be available for monitoring some of the sustainability effects of the Development Management DPD, and that the indicators included may change the City Council finalises the monitoring framework for the DPD itself. In addition, the data used for monitoring in many cases will be provided by outside bodies. Information collected by other organisations (e.g. the Environment Agency) can also be used as a source of indicators.
Table 5.1 Proposed monitoring indicators for the Development Management DPD
Policy Proposed Indicator(s)
DM1 Air Quality BDP AQ monitoring
DM2 Amenity Development Management (DM) statistics on applications refused as contrary to policy
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Policy Proposed Indicator(s)
DM3 Contamination and Stability DM statistics on applications with contamination/stability issues
DM4 Trees, Landscape and Development BDP monitoring of city-greening
DM statistics on conditions attached to applications
DM5 Light Pollution DM statistics on applications refused as contrary to policy
DM6 Noise and Vibration DM statistics on applications refused as contrary to policy
DM7 Advertisements DM statistics on applications refused as contrary to policy
DM8 Places of Worship DM statistics on applications
DM9 Education Facilities – Change of Use DM statistics on applications refused as contrary to policy
DM10 Houses in Multiple Occupation – DM statistics on applications refused as contrary to policy City wide
DM11 Residential Development DM statistics on applications refused as contrary to policy
DM12 Self and custom-build housing DM statistics on applications
DM13 Highway Safety and Access DM statistics on applications refused as contrary to policy
DM14 Parking and Servicing DM statistics on applications refused as contrary to policy
DM15 Telecommunications DM statistics on applications
5.4 Quality Assurance Checklist
21 5.4.1 The Government’s Guidance on SEA contains a quality assurance checklist to help ensure that the requirements of the SEA Directive are met. This has been completed for the Development Management DPD in Table 5.2.
21 (Former) Office of the Deputy Prime Minister (2005) A Practical Guide to the Strategic Environmental Assessment Directive.
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Table 5.2 Completed Quality Assurance Checklist for the Development Management DPD
Objectives and Context
The plan’s purpose and objectives are made clear. Section 1.4
Sustainability issues, including international and EC objectives, are Key sustainability issues identified through a review of considered in developing objectives and targets. relevant plans and programmes (see Section 2) and analysis of baseline conditions (see Section 2) have informed the development of the SA Framework presented in Section 3.
SEA objectives are clearly set out and linked to indicators and Section 3.1 presents the SA objectives and guide targets where appropriate. questions.
Links with other related plans, programmes and policies are A review of related plans and programmes is presented in identified and explained. Section 2 of this SA Report.
Scoping
The environmental consultation bodies are consulted in The environmental bodies were consulted on the Scoping appropriate ways and at appropriate times on the content and Report in March 2015 and August 2018. scope of the Environmental Report.
The assessment focuses on significant issues. Sustainability issues have been identified in the baseline analysis contained in Section 2 of this SA Report on a topic-by-topic basis. Section 2.2 summarises the key sustainability issues identified.
Technical, procedural and other difficulties encountered are As set out in Section 3.6 of this SA Report, no substantive discussed; assumptions and uncertainties are made explicit. difficulties were encountered during its preparation.
Reasons are given for eliminating issues from further No issues have been knowingly eliminated from this SA consideration. Report.
Baseline Information
Relevant aspects of the current state of the environment and their Section 2 and Appendix B of this SA Report presents the likely evolution without the plan are described. baseline analysis of the County’s social, economic and environmental characteristics including their likely evolution without the Local Plan.
Characteristics of areas likely to be significantly affected are Throughout Section 2 of this SA Report, reference is made described, including areas wider than the physical boundary of the to areas which may be affected by the Local Plan. plan area where it is likely to be affected by the plan where practicable.
Difficulties such as deficiencies in information or methods are As set out in Section 3.6 of this SA Report, no difficulties explained. were encountered during its preparation.
Prediction and evaluation of likely significant effects
Likely significant social, environmental and economic effects are Section 4 summarises the appraisal of the sustainability identified, including those listed in the SEA Directive (biodiversity, performance of the Pre-Submission Local Plan in terms of population, human health, fauna, flora, soil, water, air, climate the Local Plan Vision and Spatial Principles, preferred factors, material assets, cultural heritage and landscape), as development requirements and Spatial Strategy, site relevant. allocations and policies. Detailed appraisal matrices are set out in Appendix A that have been developed to meet the requirements of the SEA Directive.
Both positive and negative effects are considered, and where Positive and negative effects are considered within the practicable, the duration of effects (short, medium or long-term) is appraisal matrices and within Section 4. Potential effects addressed. are identified in the short, medium and long-term.
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Likely secondary, cumulative and synergistic effects are identified The cumulative effects of the Plan are considered in where practicable. Section 4.
Inter-relationships between effects are considered where Inter-relationships between effects are identified in the practicable. assessment commentary, where appropriate.
Where relevant, the prediction and evaluation of effects makes use These are identified in the commentary, where of accepted standards, regulations, and thresholds. appropriate.
Methods used to evaluate the effects are described. These are described in Section 3.
Mitigation measures
Measures envisaged to prevent, reduce and offset any significant These are identified within the appraisal matrices. adverse effects of implementing the plan are indicated.
Issues to be taken into account in development consents are These are identified within the appraisal matrices. identified.
The SA Report
Is clear and concise in its layout and presentation. The SA Report is clear and concise.
Uses simple, clear language and avoids or explains technical terms. Maps and tables have been used to present the baseline Uses maps and other illustrations where appropriate. information in Section 2 where appropriate.
Explains the methodology used. Explains who was consulted and Section 3 presents the proposed methodology to be used what methods of consultation were used. for assessment whilst consultation arrangements are discussed in Section 1.
Identifies sources of information, including expert judgement and Information is referenced throughout the SA Report. matters of opinion.
Contains a non-technical summary Included.
Consultation
The SEA is consulted on as an integral part of the plan-making This SA Report is being consulted upon following process. adoption of the Birmingham Development Plan.
The consultation bodies, other consultees and the public are The emerging Plan and SA have been made available for consulted in ways which give them an early and effective consultation in line with planning regulations. opportunity within appropriate time frames to express their opinions on the draft plan and SA Report.
Decision-making and information on the decision
The SA Report and the opinions of those consulted are taken into Responses received to this SA Report will inform the account in finalising and adopting the plan. preparation of the Submission Plan.
An explanation is given of how they have been taken into account. This information will be provided in subsequent reports.
Reasons are given for choices in the adopted plan, in the light of These will be present in the Environmental Report. other reasonable options considered.
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Appendix A Policy Appraisal
Sustainability Appraisal Scoring
Score Key: + + + 0 - - - ? ~ Significant positive Minor positive No overall effect Minor negative effect Significant negative Score uncertain No clear effect effect effect relationship
NB: where more than one symbol is presented in a box it indicates that the appraisal has found more than one score for the category. Where a box is coloured but also contains a ‘?’, this indicates uncertainty over whether the effect could be a minor or significant effect although a professional judgement is expressed in the colour used. A conclusion of uncertainty arises where there is insufficient evidence for expert judgement to conclude an effect.
S – short term (0 - 10 years), M – medium term (between 10 and 25 years) and L – long term (>25 years)
Policy Reasonable Alternatives
DM1 Air Quality None – a policy is required by National Policy
DM2 Amenity No policy – rely on National Policy
DM3 Land affected by Contamination and Hazardous Substances None – a policy is required by Legislation
DM4 Landscaping and Trees None – a policy is required by National Policy
DM5 Light Pollution None – a policy is required by National Policy
DM6 Noise and Vibration None – a policy is required by National Policy
DM7 Advertisements No policy
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Policy Reasonable Alternatives
DM8 Places of Worship and Faith-related Community Uses Retain existing UDP policy No policy
DM9 Day Nurseries and Childcare Provision Retain existing UDP policy No policy
DM10 Houses in Multiple Occupation and other Residential Accommodation Retain existing UDP policy No policy Less prescriptive policy
DM11 Residential Development Retain existing UDP policy No minimum space standards or policy
DM12 Self and Custom-Build Housing No policy
DM13 Highway safety and access None – a policy is required by National Policy
DM14 Parking and Servicing No policy
DM15 Telecommunications No policy
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Policy DM1 Air Quality
Policy Content Options Considered
1. The Council will promote measures to improve air quality and seek to ensure that exposure to poor air quality is reduced. None – a policy is 2. Development proposals will need to take into account its impact on air quality and support the objectives of the Council’s Air Quality Action Plan and Clean Air required by Zone. National Policy
3. Air quality assessments are required in line with the Local Information Requirement. Development that would result in an unacceptable adverse impact on air quality will not be supported unless it can be demonstrated that measures can be implemented that will mitigate these effects. Development that would result in deterioration of the City’s nitrogen dioxide pollution levels will be resisted. Similarly, developments that introduce sensitive receptors (i.e. housing, schools) in locations of poor air quality will not be acceptable unless designed to mitigate the impact.
4. Development that involves significant demolition, construction or earthworks will also be required to assess the risk of dust and emissions impacts in and air quality assessment and include appropriate mitigation measures to be secured in a Construction Management Plan.
5. The development of fuelling station for low emission vehicles will be supported in principle where they establish a network of facilities to support the City’s transport and air quality objectives. New or extended fuelling stations for petrol and diesel vehicles would need to be justified on the basis of addressing clear gaps in existing provision, are away from sensitive areas for air quality and provide fuelling for low emission vehicles.
SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the No clear relationship use of previously developed land and buildings ~
ENV2 To promote the application of high standards of Effects likely to be City- Consistent application of standards which encourage high environmental quality will design, construction and maintenance of buildings wide and cumulative, help to secure better quality buildings across the city to the benefit of sustainability ++? over the short, medium over the longer term. The speed and depth of this change is uncertain, however. and long term.
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SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ENV3 To encourage the use of sustainable methods of Effects likely to be City- Measures to reduce air pollution through the use of Travel Plan will help to promote transport and reduce the need to travel wide and cumulative, sustainable transport, contributing sustainability across the City. However, these + over the short, medium measures are unlikely to significantly address air quality issues generated by road and long term. traffic.
ENV4 To encourage high quality development which No clear relationship protects and enhances Birmingham’s cultural and ~ natural heritage
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate ~ change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use Effects likely to be City- Consistent application of standards which encourage high environmental quality will of water resources, reduces pollution and encourages wide and cumulative, help to secure better quality buildings across the city to the benefit of sustainability ++? sustainable waste management over the short, medium over the longer term. The speed and depth of this change is uncertain, however. and long term.
ECON1 To help improve the performance of the local Effects likely to be City- Enhancement of the City’s environmental quality will make a contribution to the City’s and City-wide economy to provide opportunity for all wide and cumulative, economic success. + over the short, medium and long term.
ECON2 To help promote the vitality of local centres ~ No clear relationship
ECON3 To promote the regeneration of areas across Effects likely to be City- Enhancement of the City’s environmental quality will make a contribution to the City’s the City through appropriate development wide and cumulative, economic success. + over the short, medium and long term.
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SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ECON4 To encourage investment in learning and skills No clear relationship development ~
SOC1 To help ensure equitable access to community No clear relationship services and facilities ~
SOC2 To help provide decent and affordable housing No clear relationship for all, of the right quantity type, tenure and affordability ~ to meet local needs
SOC3 To encourage development which promotes Effects likely to be City- Clear, consistent policies which seek high environmental standards in new health and well-being wide and cumulative, development will contribute to health and well-being. ++ over the short, medium and long term.
SOC4 To encourage development which helps to No clear relationship reduce crime, the fear of crime and antisocial ~ behaviour
SOC5 To enable communities to influence the No clear relationship decisions that affect their neighbourhoods and quality ~ of life
Commentary
A policy which clearly address environmental protection issues will help to reinforce existing regulatory regimes. The outcome is likely to be enhanced sustainability performance across most indicators, reflecting greater certainty for developers in respect of both minimum standards and good practice. No likely significant negative effects have been identified. The policy could benefit from the inclusion of examples of measures against which the policy will be implemented and measured.
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BCC Evidence DM1 Air Quality: The large number of approvals with relevant conditions suggests that the new Policy DM06 should provide clear decision making considerations and criteria, as well as providing a basis for any necessary conditions. A sample of 10 approvals associated with air quality conditions were considered as part of the evidence base for this policy, with the intention to draw out recurring themes and understand the use of the relevant conditions when permission was expected to have an impact on the air quality of the city. The sample concluded that a number of proposals which are likely to have an impact on air quality are subject to conditions, with the key conditions imposed relating to odour and extraction thereby having a more “tangible” impact on citizens, and hours of operation, thereby limiting traffic generation by virtue of the operating hours of the proposal. Although it is understood that Regulatory Services have requested conditions relating to vehicle charging points on a number of planning applications seeking permission for residential development, there are few instances where this has been imposed as schemes have not warranted such a condition. On this basis, it is considered appropriate that some level of threshold is presented in policy, particularly relating to proposed residential development in the City Centre as this is the AQMA area, designated due to high numbers of vehicle emissions. Discouraging residents in the City Centre to operate high emission cars and providing alternatives is necessary to ensure that the issue is not exacerbated whilst seeking to achieve a diverse City Centre with a large range of mixed uses. The issue of vehicle charging points is already in BDP Policy TP42. The proportion of refusals based on non-standard reasons suggests that many require a tailored justification. There will continue to be a need for non-standard reasons for refusal as the potential impact of a development on air quality needs to be weighed against the benefits of that development. Consequently, a standard reason for refusal would be unlikely to be appropriate. The policy should therefore provide a basis for non-standard reasons which can be clearly related to individual proposals. Any detrimental impact of development on air quality would need to be considered and identified individually. Appeal dismissal decisions do not consistently relate to a theme in relation to air quality and the likely reason for refusal. The sample reviewed grounds did not draw anything conclusive, however, traffic generation and increase in the amount of vehicle trips are recurring issues in appeal considerations.
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Policy DM2 Amenity
Policy Content Options Considered
All development should be appropriate to its location and ensure it would not result in adverse impacts on the amenity of occupiers and neighbours. In No policy – rely on National assessing the impact of development on amenity, the following will be considered: Policy a. Visual privacy and overlooking; b. Sunlight, daylight, overshadowing and overbearing impact; c. Aspect, outlook and perception of enclosure; d. Access to high quality and useable amenity space e. Artificial lighting levels f. Noise and vibration; g. Odour, fumes, and dust h. Safety considerations, crime, fear for crime and anti-social behaviour; i. Compatibility of adjacent uses; and j. The individual and cumulative impacts of development proposals on amenity
SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of ~ ~ No clear relationship previously developed land and buildings
ENV2 To promote the application of high standards of design, Effects likely to be City- Clear design and environmental quality expectations will help to construction and maintenance of buildings wide and cumulative, over ensure that there is strong reference point against which - ++ the short, medium and development proposals can be assessed for their quality and long term. contribution to achieving sustainable neighbourhoods and design quality across the City.
ENV3 To encourage the use of sustainable methods of ~ ~ No clear relationship transport and reduce the need to travel
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SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ENV4 To encourage high quality development which protects Effects likely to be City- Implicit in the criteria-based approach of the policies is sensitivity and enhances Birmingham’s cultural and natural heritage wide and cumulative, over towards the context into which new development will be placed. - ++ the short, medium and long term.
ENV5 To promote development which anticipates and ~ ~ No clear relationship responds to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- Effects likely to be City- Attractive and sustainable design will contribute to the City’s image wide economy to provide opportunity for all wide and cumulative, over as a progressive and responsible place in which to invest. - ++ the short, medium and long term.
ECON2 To help promote the vitality of local centres Effects likely to be City- Attractive and sustainable design will contribute to the success and wide and cumulative, over rejuvenation of local centres. - ++ the short, medium and long term.
ECON3 To promote the regeneration of areas across the City Effects likely to be City- Attractive and sustainable design will contribute to the regeneration through appropriate development wide and cumulative, over of the City through helping to produce attractive and successful - ++ the short, medium and places. long term.
ECON4 To encourage investment in learning and skills ~ ~ No clear relationship development
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SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
SOC1 To help ensure equitable access to community services ~ ~ No clear relationship and facilities
SOC2 To help provide decent and affordable housing for all, of ~ ~ No clear relationship the right quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which promotes health and Effects likely to be City- Good design, by its nature, promotes health and well-being, through well-being wide and cumulative, over the promotion of amenity and local environmental quality. - ++ the short, medium and long term.
SOC4 To encourage development which helps to reduce ~ ~ No clear relationship crime, the fear of crime and antisocial behaviour
SOC5 To enable communities to influence the decisions that ~ ~ No clear relationship affect their neighbourhoods and quality of life
Commentary Good design is important to securing sustainable development through balancing a wide variety of considerations. The detailed criteria within DM01 against which developments will be considered serve as a reference point against which specific proposals can be considered, thereby helping to ensure that development takes account of the specific matters which help to make the City and its neighbourhoods attractive and successful places to live. The specific requirements of DM02 complement the overarching principles set out in DM01. There are no suggested changes to the content of the policies arising from the appraisal. The option of developing a new policy to address design issues yields more positive sustainability outcomes than the reasonable alternatives presented. BCC Evidence Analysis DM2 Amenity: There are a large number of applications where design was an important consideration. It could be argued that it is a consideration for almost every planning application. There is significant use of standard conditions and reasons for refusal, as well as a large number of
January 2019 Doc Ref. L40761 A10 © Wood Environment & Infrastructure Solutions UK Limited
appeals (most of which were dismissed). This indicates the need for up-to-date DPD Policy. Appeals allowed seem to follow a pattern of individual subjective assessment of each case on its merits, rather than any obvious weakness of policy.
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Policy DM3 Land Affected by Contamination and Hazardous Substances
Policy Content Options Considered
1. Proposals for new development will need to ensure that risks associated with land contamination and instability are fully investigated and addressed by None – a policy is required appropriate measures to minimise or mitigate any harmful effects to human health and the environment. by National Policy
2. All proposals for new development on land which is known to be, or potentially, contaminated or unstable, will be required to submit a preliminary risk assessment, and where appropriate, a risk management and remediation strategy based on detailed site investigation.
3. Proposals for development of new hazardous installations, or development located within the vicinity of existing installations, will only be permitted where it is demonstrated that necessary safeguards, in consultation with the HSE, are incorporated to ensure the development is safe; and that it supports the spatial delivery of growth as set out in the Birmingham Development Plan.
SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the Effects likely to be City- Redevelopment of brownfield land is a priority of the Birmingham Plan and use of previously developed land and buildings wide and cumulative, environmental quality policies will be an important part of realising this key objective ++ over the short, medium through ensuring that the development process and its outputs are undertaken with and long term. reference to clear standards. A specific policy on contamination and stability is particularly important in respect of use the previously developed land.
ENV2 To promote the application of high standards of No clear relationship design, construction and maintenance of buildings ~
ENV3 To encourage the use of sustainable methods of No clear relationship transport and reduce the need to travel ~
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SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ENV4 To encourage high quality development which No clear relationship protects and enhances Birmingham’s cultural and ~ natural heritage
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate ~ change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use Effects likely to be City- Consistent application of standards which encourage high environmental quality will of water resources, reduces pollution and encourages wide and cumulative, help to secure better quality buildings across the city to the benefit of sustainability ++? sustainable waste management over the short, medium over the longer term. The speed and depth of this change is uncertain, however. and long term.
ECON1 To help improve the performance of the local Effects likely to be City- Enhancement of the City’s environmental quality will make a contribution to the and City-wide economy to provide opportunity for all wide and cumulative, City’s economic success. + over the short, medium and long term.
ECON2 To help promote the vitality of local centres ~ No clear relationship
ECON3 To promote the regeneration of areas across Effects likely to be City- Enhancement of the City’s environmental quality will make a contribution to the the City through appropriate development wide and cumulative, City’s economic success. + over the short, medium and long term.
ECON4 To encourage investment in learning and skills No clear relationship development ~
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SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
SOC1 To help ensure equitable access to community No clear relationship services and facilities ~
SOC2 To help provide decent and affordable housing No clear relationship for all, of the right quantity type, tenure and affordability ~ to meet local needs
SOC3 To encourage development which promotes Effects likely to be City- Clear, consistent policies which seek high environmental standards in new health and well-being wide and cumulative, development will contribute to health and well-being. ++ over the short, medium and long term.
SOC4 To encourage development which helps to No clear relationship reduce crime, the fear of crime and antisocial ~ behaviour
SOC5 To enable communities to influence the No clear relationship decisions that affect their neighbourhoods and quality ~ of life
Commentary
A policy which clearly addresses environmental protection issues will help to reinforce existing regulatory regimes. The outcome is likely to be enhanced sustainability performance across most indicators, reflecting greater certainty for developers in respect of both minimum standards and good practice. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. BCC Evidence DM3 Contamination and Hazardous Substances: The large number of approvals with relevant conditions suggests that the new Policy should provide clear decision making considerations and criteria which relate to the relevant standard conditions, as well as providing a basis for any necessary bespoke conditions. The proportion of refusals based on non-standard reasons suggests that many require a tailored justification. The policy should therefore provide a basis for non-standard reasons which can be clearly related to individual proposals. Land contamination is a generally lesser noted reason for refusal
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– other reasons tend to outweigh the land contamination issues as being unresolvable. Land contamination is an issue which applicants would seek to resolve for the benefit of the development. If a developer is faced with a land contamination issue on a site and is not willing to address it, then it is a fundamental issue that cannot be resolved. Support cannot be provided for the development of sites with land stability or contamination issues as it poses a danger to human health and the deliverability of development. Appeal decisions show that amenity of residents is a recurring theme, particularly with regard to noise and disturbance, and parking. This indicates that the new Policy DM7 should provide clear decision making considerations and criteria to address these issues. There are very few appeals which relate to land contamination specifically, with other environmental issues forming the key concerns of development, particularly noise and disturbance.
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Policy DM4 Landscaping and Trees
Policy Content Options Considered
Landscaping None – a policy is All developments must take opportunities to provide high quality landscapes that enhance existing landscape character and the green infrastructure network, required by National contributing to the creation of high quality places. Policy The composition of the landscape shall be appropriate to the setting and the development, as set out in a Landscape Plan, with opportunities taken to maximise the provision of new trees and other green infrastructure. Trees, woodland and hedgerow protection Development proposals must seek to avoid the loss of, and minimise the risk of harm to, existing trees, woodland, and/or hedgerows of visual or nature conservation value, including but not limited to ancient woodland, and ancient and veteran trees. Where trees and/or woodlands are to be lost as a part of development this loss must be justified as a part of an Arboricultural Implications Assessment (AIA) submitted with the application. Where a proposed development retains existing trees or hedgerows on site, or where development occurs within a tree root protection area, provision must be made for their care and protection during the demolition and construction phase of development with mitigation measures being put in place to ensure that development works do not have a harmful impact on existing trees, hedgerows and wildlife. Development proposals should not result in the loss of trees or woodland which are subject to a Tree Preservation Order, or which are designated as Ancient Woodland, Ancient/Veteran trees, or which are considered worthy of protection. To ensure that the benefits of the proposed development outweigh the harm resulting from the loss of trees, woodlands or hedgerows, the Council will seek at least equivalent replacement to the satisfaction of the Council. This should be provided on-site unless the developer can justify replacement provision elsewhere. Where this level of tree planting is not achievable on site, it may be appropriate to contribute to Council tree planting in the City through a financial contribution.
SA Objective New Cumulative, Secondary Commentary Policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of ~ No clear relationship previously developed land and buildings
ENV2 To promote the application of high standards of design, Effects likely to be City- Tress and landscaping are very often a critical aspect of good design. ++ construction and maintenance of buildings wide and be cumulative
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SA Objective New Cumulative, Secondary Commentary Policy and Temporal Effects of the Proposed Policy
over the short, medium and long term.
ENV3 To encourage the use of sustainable methods of ~ No clear relationship transport and reduce the need to travel
ENV4 To encourage high quality development which protects Effects likely to be City- Trees and landscaping can very often be central to achieving high quality and enhances Birmingham’s cultural and natural heritage wide and be cumulative development which contributes to its context. ++ over the short, medium and long term.
ENV5 To promote development which anticipates and Effects likely to be City- Trees and landscaping will be increasingly important in ensuring that climate responds to the challenges associated with climate change, wide and be cumulative change is managed, such as through shading and part of wider flood risk ++ particularly managing and reducing floodrisk over the short, medium management for vulnerable locations. and long term.
ENV6 To promote development which makes best use of water Effects likely to be City- Trees and landscaping are central to assisting pollution reduction and mitigation resources, reduces pollution and encourages sustainable waste wide and be cumulative through filtration of air and water, for example. ++ management over the short, medium and long term.
ECON1 To help improve the performance of the local and City- Effects likely to be City- Trees and landscaping contribute to a high quality environment which is attractive wide economy to provide opportunity for all wide and be cumulative to investors, in turn enhancing prosperity. ++ over the short, medium and long term.
ECON2 To help promote the vitality of local centres Effects likely to be City- Trees and landscaping contribute to a high quality environment which is attractive ++ wide and be cumulative to investors, in turn enhancing prosperity.
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SA Objective New Cumulative, Secondary Commentary Policy and Temporal Effects of the Proposed Policy
over the short, medium and long term.
ECON3 To promote the regeneration of areas across the City Effects likely to be City- Trees and landscaping contribute to a high quality environment which is attractive through appropriate development wide and be cumulative to investors, in turn enhancing prosperity. ++ over the short, medium and long term.
ECON4 To encourage investment in learning and skills ~ No clear relationship development
SOC1 To help ensure equitable access to community services ~ No clear relationship and facilities
SOC2 To help provide decent and affordable housing for all, of ~ No clear relationship the right quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which promotes health and Effects likely to be City- Trees and landscaping contribute to a high quality environment which contributes well-being wide and be cumulative to health and well-being through aesthetic, pollution control and climate ++ over the short, medium regulation functions. and long term.
SOC4 To encourage development which helps to reduce crime, Effects likely to be City- Trees and landscaping contribute to a high quality environment in which people the fear of crime and antisocial behaviour wide and be cumulative can take pride. ++ over the short, medium and long term.
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SA Objective New Cumulative, Secondary Commentary Policy and Temporal Effects of the Proposed Policy
SOC5 To enable communities to influence the decisions that ~ No clear relationship affect their neighbourhoods and quality of life
Commentary
Trees and landscaping are fundamental to a high quality and ultimately sustainable environment, contributing aesthetically and functionally to the quality of life across the City. Specification of expectations for design and use of trees and landscaping as part of new development will ensure that, in combination with other policies, high quality design is realised and wider sustainability enhancements are secured. There are no suggested changes to the content of the policy arising from the appraisal, other than cross-referencing Council Strategies relating to Green Infrastructure, for example. The option of developing a new policy to address trees and landscape issues yields more positive sustainability outcomes than the reasonable alternative presented.
BCC Evidence Analysis DM4 Landscaping and Trees: Tree-related conditions have been applied to an average of 120 planning consents per annum in recent years. This figure may decrease marginally as more relevant information regarding tree protection etc. is required via the validation criteria at application stage which is then, when satisfactory, incorporated into the consent notice. The high ratio of approvals to refusals appears to indicate that trees and landscape considerations are adequately addressed by conditions. This policy should continue to provide the basis for such conditions. However, it is also possible that the low number of refusals on tree grounds could indicate that tree protection/retention lacks sufficient weight in existing policy.
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Policy DM5 Light Pollution
1. Development incorporating external lighting must mitigate any potential adverse impacts from such lighting. Development which would result in light None – a policy is required by pollution that would have a harmful impact on local amenity, nature conservation, heritage assets or highway safety will not be permitted. National Policy
2. Proposals for external lighting will need to demonstrate that the lighting is: a. Appropriate for its purpose in its setting; b. Designed to minimise any harmful impact on privacy or amenity, particularly to sensitive receptors such as residential properties and natural habitats; c. Designed to preserve or enhance the character or appearance of any heritage assets which are affected; d. Designed to a high standard and well integrated into the proposal; and e. Energy efficient
3. Adherence with the Birmingham Design Guide will be encouraged to aid compliance with this policy.
SA Objective New Policy Cumulative, Secondary and Commentary Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the ~ No clear relationship use of previously developed land and buildings
ENV2 To promote the application of high standards of + Well designed, low maintenance lighting will be encouraged as part of this policy. design, construction and maintenance of buildings
ENV3 To encourage the use of sustainable methods of ~ No clear relationship transport and reduce the need to travel
ENV4 To encourage high quality development which Effects likely to be City-wide Sensitively designed lighting should ensure the protection and enhancement of the protects and enhances Birmingham’s cultural and ++ and be cumulative over the City’s cultural heritage. natural heritage short, medium and long term.
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SA Objective New Policy Cumulative, Secondary and Commentary Temporal Effects of the Proposed Policy
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate ~ change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use No clear relationship of water resources, reduces pollution and encourages ~ sustainable waste management
ECON1 To help improve the performance of the local No clear relationship and City-wide economy to provide opportunity for all ~
ECON2 To help promote the vitality of local centres Effects likely to be City-wide Ensuring appropriate lighting design will contribute to the overall character of local + and cumulative, over the short, centres. medium and long term.
ECON3 To promote the regeneration of areas across No clear relationship the City through appropriate development ~
ECON4 To encourage investment in learning and skills No clear relationship development ~
SOC1 To help ensure equitable access to community No clear relationship services and facilities ~
SOC2 To help provide decent and affordable housing No clear relationship for all, of the right quantity type, tenure and affordability ~ to meet local needs
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SA Objective New Policy Cumulative, Secondary and Commentary Temporal Effects of the Proposed Policy
SOC3 To encourage development which promotes No clear relationship health and well-being ~
SOC4 To encourage development which helps to Effects likely to be City-wide Ensuring appropriate lighting design will contribute to crime reduction. reduce crime, the fear of crime and antisocial + and cumulative, over the short, behaviour medium and long term.
SOC5 To enable communities to influence the No clear relationship decisions that affect their neighbourhoods and quality ~ of life
Commentary
A policy which clearly address environmental protection issues will help to reinforce existing regulatory regimes. The outcome is likely to be enhanced sustainability performance of developments reflecting greater certainty for developers in respect of both minimum standards and good practice. No likely significant negative effects have been identified. There are no suggested changes to the content of the policies arising from the appraisal. BCC Evidence DM5 Light Pollution: The standard conditions relating to lighting are sufficient justification in themselves for a specific area of policy. The new Policy DM5 should provide clear decision making considerations and criteria relating to lighting, as well as providing a basis for any tailored conditions which may be necessary for individual circumstances. In addition, the policy should consider: The impact of any lighting proposals on the surrounding area; and the impact of existing lighting on the development proposal itself. Analysis of refusals that were specifically related to light generating development, specifically floodlighting, conclude that development which would create a detrimental impact on the level of light pollution in a historically dark / unlit area would not be accepted. It is therefore considered that where a proposal would significantly change the night-time character of an area, development should not be permitted where adequately mitigated. Existing conditions are in place which can limit hours of floodlighting and intensity of illumination so it considered that appropriate mitigation can be imposed to make development acceptable. Analysis of a sample of approvals concluded that the specific conditions relate to the mitigation of lighting to be implemented as part of the development. Standard conditions are used on this basis. Where additional information is required, the non- standard conditions offer this flexibility. There are no appeals to be considered in this case.
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Policy DM6 Noise and Vibration
1. Development should be designed, managed and operated to reduce exposure to noise and noise generation. None – a policy is required by 2. Noise-generating development that would have an impact on amenity or biodiversity will not be supported unless an appropriate scheme of mitigation is National Policy provided.
3. Noise-sensitive development (such as residential uses, hospitals and schools) will need to be appropriately mitigated or adequately separated from major sources of existing or planned sources of noise and vibration, including transport infrastructure and commercial activity.
4. The following will be taken into account when assessing development proposals: a. The location, design, layout and materials; b. Positioning of building services and circulation spaces; c. Measures to reduce or contain generated noise (e.g. sound insulation); d. Existing levels of background noise; and e. Hours of operation and servicing.
SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the No clear relationship use of previously developed land and buildings ~
ENV2 To promote the application of high standards of Effects likely to be City- Consistent application of standards which encourage high environmental quality will design, construction and maintenance of buildings wide and cumulative, help to secure better quality buildings across the city to the benefit of sustainability +? over the short, medium over the longer term. The speed and depth of this change is uncertain, however. and long term.
ENV3 To encourage the use of sustainable methods of No clear relationship transport and reduce the need to travel ~
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SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
ENV4 To encourage high quality development which No clear relationship protects and enhances Birmingham’s cultural and ~ natural heritage
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate ~ change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use No clear relationship of water resources, reduces pollution and encourages ~ sustainable waste management
ECON1 To help improve the performance of the local No clear relationship and City-wide economy to provide opportunity for all ~
ECON2 To help promote the vitality of local centres ~ No clear relationship
ECON3 To promote the regeneration of areas across No clear relationship the City through appropriate development ~
ECON4 To encourage investment in learning and skills No clear relationship development ~
SOC1 To help ensure equitable access to community No clear relationship services and facilities ~
SOC2 To help provide decent and affordable housing No clear relationship for all, of the right quantity type, tenure and affordability ~ to meet local needs
January 2019 Doc Ref. L40761 A24 © Wood Environment & Infrastructure Solutions UK Limited
SA Objective New Policy Cumulative, Secondary Commentary and Temporal Effects of the Proposed Policy
SOC3 To encourage development which promotes Effects likely to be City- Clear, consistent policies which seek high environmental standards in new health and well-being wide and cumulative, development will contribute to health and well-being. ++ over the short, medium and long term.
SOC4 To encourage development which helps to No clear relationship reduce crime, the fear of crime and antisocial ~ behaviour
SOC5 To enable communities to influence the No clear relationship decisions that affect their neighbourhoods and quality ~ of life
Commentary
A policy which clearly address environmental protection issues will help to reinforce existing regulatory regimes. The outcome is likely to be enhanced sustainability performance of developments reflecting greater certainty for developers in respect of both minimum standards and good practice. No likely significant negative effects have been identified. There are no suggested changes to the content of the policies arising from the appraisal.
BCC Evidence DM6 Noise and Vibration: The large number of approvals with relevant conditions suggests that the new Policy DM6 should provide clear decision making considerations and criteria which relate to the relevant standard conditions, as well as providing a basis for any necessary bespoke conditions. A sample of approvals were assessed in detail which concluded that the existing standard conditions are predominantly used with the non-standard condition providing flexibility to refer to specific situations and the positions of the proposal. For the most part, standard conditions were used, which suggests that the wording of these is sufficient for the purposes of determining planning applications. As there are technical standards and measurements to be met in terms of noise protection, it is considered that the standards are sufficient and assessments should be made on this basis. The proportion of refusals based on non- standard reasons suggests that many require a tailored justification. The policy should therefore provide a basis for non-standard reasons which can be clearly related to individual proposals. A sample of refusals were assessed in detail which concluded that the noise impact reason for refusal is sufficient and the non- standard conditions offer the flexibility to add more information or make the reason specific to the application proposal. Appeal decisions show that amenity of residents is a recurring theme, particularly with regard to noise and disturbance, and parking. This indicates that the new Policy DM6 should provide clear
January 2019 Doc Ref. L40761 A25 © Wood Environment & Infrastructure Solutions UK Limited
decision making considerations and criteria to address these issues. For example, the promotion of complementary uses within immediate proximity of the site, and resistance towards development which would have a detrimental effect on neighbouring properties. Although this has not yet been raised in relation to noise refusals or appeals, regard should be had towards the possibility that a proposal would prejudice a long term development commitment in respect of future noise generation and potential disturbance.
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Policy DM7 Advertisements
Policy Content Options Considered
1. Proposals for advertisements should be designed to a high standard and meet the following criteria: No policy – allow the market to a. Suitably located, sited and designed having no detrimental impact on public and highway safety or to the amenity of the area; select the location of such uses b. Sympathetic to the character and appearance of their location, adjacent buildings and the building on which they are displayed having regard to and use Environmental and their size, materials, construction, location and level of illumination; and Highway Regulations to control c. Avoid proliferation or clutter of signage on the building and in the vicinity. any nuisance. d. Not obscure architectural features of a building or extend beyond the edges or the roofline of buildings and respect the building’s proportions Develop a new policy and symmetry; e. Not create a dominant skyline feature when viewed against the immediate surroundings.
2. Illuminated advertisement and signs should not adversely affect the safety and amenity of the surrounding area.
3. Areas sensitive to impacts on visual amenity, including open space, public squares, key public routes, nature conservation areas, conservation areas or in proximity to listed buildings and other heritage assets will require particularly sensitive treatment and will need to be more carefully sited and designed so they do not have an adverse impact on these.
4. The siting of advertisements hoardings will not normally be acceptable where visible from the M6 motorway or A38 Aston Expressway where they are purposefully designed to be read from the roadway and the attention of drivers is likely to be distracted.
SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of ~ ~ No clear relationship previously developed land and buildings
ENV2 To promote the application of high standards of design, Effects likely to be City- Clear specification of design expectations will serve to enhance construction and maintenance of buildings wide and cumulative, over standards of implementation across the City. -? ++? the short, medium and long term.
January 2019 Doc Ref. L40761 A27 © Wood Environment & Infrastructure Solutions UK Limited
SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ENV3 To encourage the use of sustainable methods of ~ ~ No clear relationship transport and reduce the need to travel
ENV4 To encourage high quality development which protects Effects likely to be City- Clear specification of design expectations will serve to enhance and enhances Birmingham’s cultural and natural heritage wide and cumulative, over standards of implementation across the City. -? ++? the short, medium and long term.
ENV5 To promote development which anticipates and responds ~ ~ No clear relationship to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- Effects likely to be City- Well controlled and sited advertising plays an important role in wide economy to provide opportunity for all wide and cumulative, over promoting the City’s commercial vibrancy and image at local and -? ++? the short, medium and City-wide scales. long term.
ECON2 To help promote the vitality of local centres Effects likely to be City- Well controlled and sited advertising plays an important role in wide and cumulative, over promoting the City’s commercial vibrancy and image at local and -? ++? the short, medium and City-wide scales. long term.
ECON3 To promote the regeneration of areas across the City ~ ~ No clear relationship through appropriate development
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SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ECON4 To encourage investment in learning and skills ~ ~ No clear relationship development
SOC1 To help ensure equitable access to community services ~ ~ No clear relationship and facilities
SOC2 To help provide decent and affordable housing for all, of ~ ~ No clear relationship the right quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which promotes health and ~ ~ No clear relationship well-being
SOC4 To encourage development which helps to reduce crime, ~ ~ No clear relationship the fear of crime and antisocial behaviour
SOC5 To enable communities to influence the decisions that Effects likely to be City- An updated policy will provide the reference point for the affect their neighbourhoods and quality of life wide and cumulative, over consideration of likely effects on local amenity. - + the short, medium and long term.
Commentary
A specific policy which clearly controls the siting and design of advertisements will provide an important reference point for ensuring that a range of sustainability benefits are secured, focused on enhancing economic development in the City whilst ensuring that residential amenity and City-wide amenity is protected. In all cases, the greater certainty and precision associated with an updated policy is likely to yield positive sustainability effects. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing a new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
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BCC Evidence Analysis DM7 Advertisements: 8.3% of all applications 2009-15 (2,300 out of 27,667) were advertisement related, of which 92.3% were approved. 7.7% of applications were refused, of which just over 1/3 were appealed. The appeal success rate was 13.4% of refusals, 2/3 of appeals, but just 0.1% of all applications. This demonstrates the continuing importance of a fit-for-purpose advertisement policy to underpin decisions. There were no approvals involving standard conditions, and few refusals on standard grounds. Looking at appeal decisions, the following trends are clear: In dismissed appeals, the determining factors are highway safety visual amenity adverse impact on the character or appearance of a Conservation Area and/or Listed Building the cumulative adverse visual impact of the advertisements on the street scene, and public safety. For allowed appeals, the determining factors are whether the proposed advertisement would have an acceptable impact on the character and appearance of the area not be detrimental to the interests of amenity be unduly obtrusive be out of scale, or out of context with the character of the area be acceptable, with the standard conditions in place materially detract from the setting of a listed building require conditions necessary to restrict the intensity of illumination not adversely affect highway safety. Many of these considerations are relevant to both approved and refused applications. It is reasonable to conclude that many decisions will depend on individual circumstances, and therefore the policy should provide a basis for reasoned decision making.
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Policy DM8 Places of Worship and Faith-related Community Uses
Policy Content Options Considered
1. The Council's preferred locations for the development of places of worship and faith related community uses are in the network of centres as defined in Retain existing UDP policy Policy TP21 of the Birmingham Development Plan. Locations outside of the network of centres will only be considered where it is demonstrated that a suitable site* cannot be found within an identified centre. No policy
2. Premises to serve a regional or city-wide need are likely to be used for larger gatherings attracting substantial numbers of people and should be located in a sub-regional or district centre which is well served by public transport. Where it is demonstrated that a suitable site cannot be found within an identified sub-regional or district centre, a site which is on a key transport corridor may be considered.
3. Premises to serve a local need are likely to be used for smaller gatherings and should be located in a district or local centre or a parade. Where it is demonstrated that a suitable site* cannot be found within an identified centre, a site within a 15 minute walk from the population the local place of worship serves may be acceptable subject to the considerations below. The use of mid terraced houses for places of worship and faith related community uses will not be acceptable.
4. Proposals will need to demonstrate that the site is suitable for the number of proposed users and the scale of development, identifying whether it serves local, city-wide or regional need.
* means suitable for the development proposed.
SA Objective Existing No policy New Cumulative, Secondary Commentary Policy policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of Effects likely to be City- There are opportunities to make productive re-use of previously developed land and buildings wide and cumulative, over buildings for these uses and a clear policy establishes the +? -? ++? the short, medium and reference point for how this might best be achieved. long term.
ENV2 To promote the application of high standards of design, Effects likely to be City- A clear policy establishes the reference point for how construction and maintenance of buildings wide and cumulative, over design of these uses might best be achieved. +? -? ++? the short, medium and long term.
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SA Objective Existing No policy New Cumulative, Secondary Commentary Policy policy and Temporal Effects of the Proposed Policy
ENV3 To encourage the use of sustainable methods of Effects likely to be City- Location of these uses will be considered in respect of transport and reduce the need to travel wide and cumulative, over their relationship with public transport network, thus +? -? ++? the short, medium and encouraging sustainable travel patterns. long term.
ENV4 To encourage high quality development which protects Effects likely to be City- and enhances Birmingham’s cultural and natural heritage wide and cumulative, over +? -? ++? the short, medium and long term.
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate change, ~ ~ ~ particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water No clear relationship resources, reduces pollution and encourages sustainable ~ ~ ~ waste management
ECON1 To help improve the performance of the local and City- No clear relationship wide economy to provide opportunity for all ~ ~ ~
ECON2 To help promote the vitality of local centres Effects likely to be City- Potential beneficial effects on local centres, particularly wide and cumulative, over outside commercial hours. +? -? ++? the short, medium and long term.
ECON3 To promote the regeneration of areas across the City Effects likely to be City- Potential beneficial effect resulting from the re-use of through appropriate development wide and cumulative, over buildings and the creation of a focus of activity. +? -? ++? the short, medium and long term.
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SA Objective Existing No policy New Cumulative, Secondary Commentary Policy policy and Temporal Effects of the Proposed Policy
ECON4 To encourage investment in learning and skills No clear relationship development ~ ~ ~
SOC1 To help ensure equitable access to community services Effects likely to be City- Having regard to the location of these facilities will help and facilities wide and cumulative, over to promote equitable access. +? -? ++? the short, medium and long term.
SOC2 To help provide decent and affordable housing for all, of No clear relationship the right quantity type, tenure and affordability to meet local ~ ~ ~ needs
SOC3 To encourage development which promotes health and Effects likely to be City- Part of the creation of a community focus wider well-being wide and cumulative, over beneficial effects. +? -? ++? the short, medium and long term.
SOC4 To encourage development which helps to reduce No clear relationship crime, the fear of crime and antisocial behaviour ~ ~ ~
SOC5 To enable communities to influence the decisions that Effects likely to be City- The policy sets out a clear reference point for how the affect their neighbourhoods and quality of life wide and cumulative, over location of these facilities will be considered. +? -? ++? the short, medium and long term.
Commentary
Ensuring the appropriate location and design of these uses will help to ensure that sustainable development is promoted, particularly having regard to equitable access through public transport and sensitive design ensuring that impacts on local amenity are minimised. There are no suggested changes to the
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content of the policy arising from the appraisal. The option of developing a new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
BCC Evidence Analysis DM8 Places of Worship: Less than 10% refusal rate for relevant applications, 1% appeal rate. From the evidence there are no clear indications of recurring policy weaknesses. There are no existing standard conditions or refusal reasons, suggesting that there are no common issues and each case is considered on its own merits. The majority of applications are approved, which suggests they meet the requirements of the current UDP policy and the SPD. Two dismissed appeals both failed on the grounds of poor design, adverse impact on the area and public safety, and an adverse impact on the living conditions of adjacent residential properties. In the case of the allowed appeal, the loss of availability of the application premises for industrial use was the refusal reason, but the Inspector considered that the upper floor location and restricted access was unlikely to be attractive to potential business users. This is not a significant issue. On that basis, and in the absence of contradictory evidence, it would be reasonable to conclude that the direction of current policy appears to be fit for purpose and no significant changes are required. However, the new policy needs to be updated to reflect the existence of the Places of Worship and Faith Related Community and Educational Uses SPD (adopted in 2011) and the detail it contains.
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Policy DM9 Day Nurseries and Childcare Provision
Policy Content Options Considered
1. The Council's preferred locations for the development of day nurseries and facilities for the care, recreation and education of children are in the Retain existing UDP policy network of centres as defined in Policy TP21 of the Birmingham Development Plan. Locations outside of the network of centres will only be considered where it is demonstrated that a suitable site* cannot be found within an identified centre. No policy
2. The development of day nurseries and facilities for the care, recreation and education of children will need to provide for sufficient outdoor play space to meet the needs of the children.
* means suitable for the development proposed
SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ENV1 Encourage development that optimises the use of No clear relationship previously developed land and buildings ~ ~ ~
ENV2 To promote the application of high standards of design, Effects likely to be City- Complementing wider development management construction and maintenance of buildings wide and cumulative, over policies which encourage high quality design, these +? -? + the short, medium and policies will help to ensure that there is consistent long term. application across the City for these particular uses.
ENV3 To encourage the use of sustainable methods of Effects likely to be City- Consideration of the location of these uses should transport and reduce the need to travel wide and cumulative, over ensure that matters such as catchment areas are the short, medium and considered with attendant positive effects through +? -? ++? long term. travel reduction. The extent of the benefits is uncertain however, reflecting parental choice and wider catchment planning issues.
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ENV4 To encourage high quality development which protects No clear relationship and enhances Birmingham’s cultural and natural heritage ~ ~ ~
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate change, ~ ~ ~ particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water No clear relationship resources, reduces pollution and encourages sustainable ~ ~ ~ waste management
ECON1 To help improve the performance of the local and City- Effects likely to be City- Provision of consistent policy on the location of such wide economy to provide opportunity for all wide and cumulative, over facilities will help to ensure that there is access for all, +? -? +? the short, medium and although the precise effects are uncertain. long term.
ECON2 To help promote the vitality of local centres Effects likely to be City- Control of such uses should be of benefit to local wide and cumulative, over centres, helping to produce balanced property uses +? -? + the short, medium and which complement one another. long term.
ECON3 To promote the regeneration of areas across the City No clear relationship through appropriate development ~ ~ ~
ECON4 To encourage investment in learning and skills Effects likely to be City- Provision of consistent policy on the location of such development wide and cumulative, over facilities will help to ensure that there is access for all, +? -? +? the short, medium and although the precise effects are uncertain. long term.
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
SOC1 To help ensure equitable access to community services Effects likely to be City- Provision of consistent policy on the location of such and facilities wide and cumulative, over facilities will help to ensure that there is access for all, +? -? +? the short, medium and although the precise effects are uncertain. long term.
SOC2 To help provide decent and affordable housing for all, of No clear relationship the right quantity type, tenure and affordability to meet local ~ ~ ~ needs
SOC3 To encourage development which promotes health and Effects likely to be City- Provision of consistent policy on the location of such well-being wide and cumulative, over facilities will help to ensure that there is access for all, +? -? +? the short, medium and although the precise effects are uncertain. long term.
SOC4 To encourage development which helps to reduce No clear relationship crime, the fear of crime and antisocial behaviour ~ ~ ~
SOC5 To enable communities to influence the decisions that No clear relationship affect their neighbourhoods and quality of life ~ ~ ~
Commentary
A policy which ensures the consistent provision of day nurseries and facilities for the care, recreation and education of children across the City will help to ensure that there is equitable access (for example through sustainable locations) and in a fashion which maintains and enhances local amenity. The precise effects of the policy will have to monitored to determine whether the policy objectives are being realised in practice. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing a new policy to address education-related development issues yields more positive sustainability outcomes than the reasonable alternatives presented. BCC Evidence DM9 Day Nurseries and Childcare Provision: The majority of approvals subject to standard conditions suggests that they are fit for purpose and do not require significant alteration. Consequently, the new policy DM9 should continue to provide clear decision making considerations and criteria
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related to those conditions, as well as providing a basis for any necessary non-standard conditions. With regard to refusals and appeal dismissals, the common themes of amenity (especially noise and disturbance), access & parking, and highway safety are noted. There were also issues of loss of employment uses and lack of outdoor play space.
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Policy DM10 Houses in Multiple Occupation (HMO) and other Residential Accommodation
Policy Content Options Considered
Applications for HMOs (C4, mixed C3/C4 or Sui Generis HMO use) and other non-family residential accommodation (C1 and C2 Use) will be permitted where the development: Retain existing UDP policy
No policy would not result in this type of accommodation being over 10% of the number of properties within a 100 metre radius of the application site; would not result in a family dwellinghouse (C3 Use) being sandwiched between two non-family residential uses*; Less prescriptive policy would not lead to a continuous frontage of three or more non-family residential uses; supports mixed and balanced communities; relates well to the uses in the area they are located; and complies with Policy DM11 Residential Development;
* All development falling within Class C1 and C2 Use
SA Objective Existing No policy Less New Policy Cumulative, Secondary Commentary UDP prescriptive and Temporal Effects of policy Policy the Proposed Policy
ENV1 To encourage development that optimises the use of Effects likely to be City- Positive policies on siting and design will previously developed land and buildings wide and cumulative, over help to ensure re-use of buildings is + - + ++? the short, medium and appropriately undertaken. long term.
ENV2 To promote the application of high standards of design, ~ ~ ~ ~ No clear relationship construction and maintenance of buildings
ENV3 To encourage the use of sustainable methods of ~ ~ ~ ~ No clear relationship transport and reduce the need to travel
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SA Objective Existing No policy Less New Policy Cumulative, Secondary Commentary UDP prescriptive and Temporal Effects of policy Policy the Proposed Policy
ENV4 To encourage high quality development which protects Effects likely to be City- Positive policies on siting and design will and enhances Birmingham’s cultural and natural heritage wide and cumulative, over help to ensure re-use of buildings is + - + ++? the short, medium and appropriately undertaken. long term.
ENV5 To promote development which anticipates and No clear relationship responds to the challenges associated with climate change, ~ ~ ~ ~ particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of No clear relationship water resources, reduces pollution and encourages ~ ~ ~ ~ sustainable waste management
ECON1 To help improve the performance of the local and ~ ~ ~ ~ No clear relationship City-wide economy to provide opportunity for all
ECON2 To help promote the vitality of local centres ~ ~ ~ ~ No clear relationship
ECON3 To promote the regeneration of areas across the City ~ ~ ~ ~ No clear relationship through appropriate development
ECON4 To encourage investment in learning and skills ~ ~ ~ ~ No clear relationship development
SOC1 To help ensure equitable access to community ~ ~ ~ ~ No clear relationship services and facilities
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SA Objective Existing No policy Less New Policy Cumulative, Secondary Commentary UDP prescriptive and Temporal Effects of policy Policy the Proposed Policy
SOC2 To help provide decent and affordable housing for all, Effects likely to be City- Positive policies on siting and design will of the right quantity type, tenure and affordability to meet local wide and cumulative, over help to ensure re-use of buildings is needs + - + ++? the short, medium and appropriately undertaken. long term.
SOC3 To encourage development which promotes health ~ ~ ~ ~ No clear relationship and well-being
SOC4 To encourage development which helps to reduce Effects likely to be City- Positive policies on siting and design will crime, the fear of crime and antisocial behaviour wide and cumulative, over help to ensure re-use of buildings is + - + ++? the short, medium and appropriately undertaken. long term.
SOC5 To enable communities to influence the decisions that Effects likely to be City- Positive policies on siting and design will affect their neighbourhoods and quality of life wide and cumulative, over help to ensure re-use of buildings is + - + ++? the short, medium and appropriately undertaken. long term.
Commentary The sustainability effects of a clear policy which seeks to control HMOs is likely be positive, reflecting the potential issues associated with them. The sustainability effects relate to ensuring that local amenity and design quality is appropriately protected, whilst providing for the needs of those in need. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing a new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented. BCC Evidence DM10 Houses in Multiple Occupation (HMO) and other Residential Accommodation: C3-C4 HMO conversions are Permitted Development and do not require planning permission. Between 2009-15 there were 24 applications for small HMO conversions from other uses, 19 of which were approved. There were 5 refusals, and one appeal was dismissed. In that case, the Council had no objection to the change of use, and the Inspector had no reason to take a different view. The principal matter in dispute was the likely visual impact of the proposed extension, which involved virtually doubling the existing footprint and mass of the existing building. This is more a matter of design, rather than any HMO considerations. Large Sui Generis HMOs are a greater concern, with
January 2019 Doc Ref. L40761 A41 © Wood Environment & Infrastructure Solutions UK Limited
66 applications (45 approved, 21 refused). No refusals were taken to appeal. A considerable proportion of refusals (7/21 or 1/3) were retrospective Lawful Use applications. For approvals, the proportion is 7/45, or 1/6.5. This indicates that unauthorised HMOs and retrospective applications are a significant issue, and therefore there is a need for strong, up-to-date policy. There are no common reasons for refusal, although amenity of occupiers does feature for several reasons such as outlook, living conditions, noise and space. Design of extensions is also an issue, with size, layout and the 45 degree code all being considered. The quantitative impact of HMOs is not often quoted as a reason for refusal, and the only noticeable cumulative impact issue appears to be based on design considerations. The question of balanced communities and over-concentration of HMOs is addressed by Policy DM13, Article 4 Direction areas. At present, this applies in parts of Harborne and Selly Oak, but other areas may be subject to similar Direction in future. Changes of use out of HMO use are subject to other policies and are not a concern in principle. In Article 4 Areas: C3-C4 HMO conversions are Permitted Development and do not require planning permission. Applications for small HMO conversions from other uses do not seem to appear in large numbers. Large Sui Generis HMOs are a greater concern, with a considerable percentage of refusals being retrospective or failed Lawful Use applications. This indicates the need for strong, up-to-date policy. Changes of use out of HMO use are subject to other policies and are not a concern in principle.
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Policy DM11 Residential Development
Policy Content Options Considered
1. The design and operation of residential development must achieve good standards of amenity for the occupiers of new residential buildings and Retain the existing UDP Policy protect the amenity of nearby occupiers and residents (see Policy DM2). No policy 2. All residential development (including extensions) must comply with the technical requirements of the Nationally Described Space Standard (Appendix 1) in order to ensure that internal spaces are of sufficient size to meet occupiers’ needs. Exceptions will only be considered in order to deliver innovative high quality design, deal with exceptional site issues or specialised user requirements, where it can be demonstrated that residents’ quality of life will not be compromised.
3. Residential development must comply with the Building Control Part M4 (2) standard for accessible and adaptable housing in order to meet the occupiers’ future needs. The Council will only consider exemptions to this requirement where the applicant can provide evidence to robustly demonstrate that it is not practically achievable given the physical characteristics of the site or it would significantly harm the financial viability of the scheme.
4. There should be adequate separation distances, between buildings and surrounding uses to protect residents’ privacy and outlook, to ensure appropriate levels of daylight to internal and external living spaces and to prevent undue enclosure, overshadowing, noise and disturbance, unless an alternative approach is justified to the Council’s satisfaction.
5. New residential development must provide an adequate amount of useable outdoor amenity space appropriate to the location of the proposal, its function and the character of the area within which it is situated.
6. Development will need to ensure adequate outlook and daylight to dwellings, in line with the approach of the ‘45 degree Code’. This includes potential impacts on existing houses, where development should not cross the line from an angle of 45 degrees from the nearest window providing the main source of natural light to a ‘habitable room’ of dwellings that could be affected.
7. Adherence with the Birmingham Design Guide SPD will be required to ensure compliance with this policy.
SA Objective Retain No policy New Cumulative, Secondary Commentary UDP Policy and Temporal Effects of Policy the Proposed Policy
ENV1 To encourage development that optimises the use of ~ ~ ~ No clear relationship previously developed land and buildings
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SA Objective Retain No policy New Cumulative, Secondary Commentary UDP Policy and Temporal Effects of Policy the Proposed Policy
ENV2 To promote the application of high standards of design, Effects likely to be City- Clear policies for residential design will help to ensure construction and maintenance of buildings wide and cumulative, over a consistent and progressive approach across the City. +? -? ++? the short, medium and long term.
ENV3 To encourage the use of sustainable methods of ~ ~ ~ No clear relationship transport and reduce the need to travel
ENV4 To encourage high quality development which protects ~ ~ ~ No clear relationship and enhances Birmingham’s cultural and natural heritage
ENV5 To promote development which anticipates and ~ ~ ~ No clear relationship responds to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- Effects likely to be City- A clear policy for residential amenity and design will wide economy to provide opportunity for all wide and cumulative, over help to ensure a consistent and progressive approach +? -? ++? the short, medium and across the City, contributing to its economic success long term. through the provision of high quality development.
ECON2 To help promote the vitality of local centres Effects likely to be City- Where residential development is encouraged in local wide and cumulative, over centres, clear policy will help to ensure that it is part of +? -? ++? the short, medium and good quality mixed uses. long term.
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SA Objective Retain No policy New Cumulative, Secondary Commentary UDP Policy and Temporal Effects of Policy the Proposed Policy
ECON3 To promote the regeneration of areas across the City ~ ~ ~ No clear relationship through appropriate development
ECON4 To encourage investment in learning and skills ~ ~ ~ No clear relationship development
SOC1 To help ensure equitable access to community services ~ ~ ~ No clear relationship and facilities
SOC2 To help provide decent and affordable housing for all, of No clear relationship the right quantity type, tenure and affordability to meet local ~ ~ ~ needs
SOC3 To encourage development which promotes health and Effects likely to be City- The policy will help to ensure that residential well-being wide and cumulative, over development of whatever kind is well-designed and +? -? ++? the short, medium and constructed. long term.
SOC4 To encourage development which helps to reduce ~ ~ ~ No clear relationship crime, the fear of crime and antisocial behaviour
SOC5 To enable communities to influence the decisions that ~ ~ ~ No clear relationship affect their neighbourhoods and quality of life
Commentary This policy will yield a range of sustainability benefits, associated with ensuring that there is consistent high quality residential development throughout the City. No likely significant negative effects have been identified. There are no suggested changes to the content of the policies arising from the appraisal. The option of developing new policy to address residential design matters yields more positive sustainability outcomes than the reasonable alternatives presented.
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BCC Evidence Analysis DM11 Residential Development: A significant number of applications are refused under the 45 degree code – almost 600 over the 6 year period 2009-15. This equates to around 100 per year. Of these, only 48 (approx. 8%) were taken to appeal in the same period. Almost three quarters of appeals (35) were dismissed, while 10 were allowed and 3 partly allowed. The appeal dismissals appear to show two distinct themes: a) relating to wider design issues as well as the 45 degree code, and b) where the 45 degree code was the key factor in the appeal failing. The low proportion of appeals, and the evidence from appeals dismissed indicates that the current policy in paragraphs 8.39-8.43 of the UDP is generally accepted, and is sufficiently strong. For it to remain so, it is important for the policy to be maintained in the light of current national policy and incorporated into the DM DPD. In terms of design, there are a large number of applications where design was an important consideration. It could be argued that it is a consideration for almost every planning application. There is significant use of standard conditions and reasons for refusal, as well as a large number of appeals (most of which were dismissed). This indicates the need for up-to-date DPD Policy. Appeals allowed seem to follow a pattern of individual subjective assessment of each case on its merits, rather than any obvious weakness of policy.
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Policy DM12 Self and Custom Build Housing
Policy Content Options Considered
1. The Council will actively support the development of self and custom-build homes in suitable locations where they support the delivery of the Birmingham No policy Development Plan and do not conflict with other policies in the Local Plan.
2. The Council will encourage developers to consider whether an element of self-build plots can be incorporated into development schemes as part of the housing mix. The Council’s self-build register will be used as a source of evidence of the demand for self-build and custom build housing locally, and the level of demand will be a material consideration in determining proposals.
3. Affordable self-build plots will be considered and encouraged as a suitable product within the affordable housing requirement on larger sites.
SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of Self-build could be part of land and building re-use where traditional previously developed land and buildings -? +? solutions have failed.
ENV2 To promote the application of high standards of design, Effects likely to be City- A policy on self-build should encourage innovation in design construction and maintenance of buildings wide and cumulative, over standards. -? +? the short, medium and long term.
ENV3 To encourage the use of sustainable methods of ~ ~ No clear relationship transport and reduce the need to travel
ENV4 To encourage high quality development which protects ~ ~ No clear relationship and enhances Birmingham’s cultural and natural heritage
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SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
ENV5 To promote development which anticipates and ~ ~ No clear relationship responds to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- ~ ~ No clear relationship wide economy to provide opportunity for all
ECON2 To help promote the vitality of local centres ~ ~ No clear relationship
ECON3 To promote the regeneration of areas across the City Effects likely to be City- Self-build could be part of the wider solution to realising housing through appropriate development wide and cumulative, over development in regeneration areas. -? +? the short, medium and long term.
ECON4 To encourage investment in learning and skills Effects likely to be City- Self-build can be the focus for individual training and skills development wide and cumulative, over development. -? ++? the short, medium and long term.
SOC1 To help ensure equitable access to community services ~ ~ No clear relationship and facilities
SOC2 To help provide decent and affordable housing for all, of Effects likely to be City- A proactive approach to self-build should contribute to providing the right quantity type, tenure and affordability to meet local -? ++ wide and cumulative, over more diverse routes to housing provision which meet individual needs circumstances.
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SA Objective No policy New Cumulative, Secondary Commentary policy and Temporal Effects of the Proposed Policy
the short, medium and long term.
SOC3 To encourage development which promotes health and Effects likely to be City- A proactive approach to self-build should contribute to realising well-being wide and cumulative, over individual ambitions and needs. -? +? the short, medium and long term.
SOC4 To encourage development which helps to reduce ~ ~ No clear relationship crime, the fear of crime and antisocial behaviour
SOC5 To enable communities to influence the decisions that Effects likely to be City- A proactive approach to self-build should contribute to helping affect their neighbourhoods and quality of life wide and cumulative, over communities realise aspirations for more diverse housing delivery -? ++? the short, medium and models. long term.
Commentary
Promoting self- and custom-build housing through a specific policy is likely to yield positive sustainability effects City-wide with no adverse effects identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of having no specific policy could result in some minor adverse effects relating to social indicators.
BCC Evidence Analysis DM12 Self and Custom Build Housing: none available.
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Policy DM13 Highway Safety and Access
Policy Content Options Considered
1. Development must ensure that the safety of highway users is properly taken into consideration and that any new development would not have an adverse Retain the existing UDP impact on highway safety. Policy
2. Development must ensure that safe, convenient and appropriate access arrangements are in place for all users, including the needs of people with No policy disabilities and reduced mobility within the development and onto the highway network, both during the construction and operation stages of the development. Priority shall be given to the needs of sustainable transport modes.
3. Developments should provide for the efficient delivery of goods and access by service and emergency service vehicles. Where it is demonstrated that this is not feasible, an appropriate alternative solution must be agreed with the City Council and secured.
4. Development proposals that will generate significant amounts of traffic should be accompanied by a Transport Assessment and should be located where the need to travel will be minimised, and is in a location that is readily accessible by a variety of transport modes. Development proposals that generate significant amounts of traffic will be required to provide a Travel Plan that sets out the means by which the developer will encourage users to adopt more sustainable modes of travel.
5. Vehicle access points (including private driveways) will be supported where it would not result in: a reduction in pedestrian or highway safety; detrimental impact on public transport, cycling and walking routes; adverse impact on the quality of the street scene and local character of the area; the loss of important landscape features, including street trees and significant areas of green verge; and the prevention or restriction of the implementation of necessary or future transport improvements.
5. On Birmingham’s strategic highway network, and other principle and main distributor routes, development must seek opportunities to remove unnecessary access points. New direct vehicular accesses will be supported where there are no practical alternatives (including consideration of impacts on public transport, walking and cycling routes). Any new access point must allow for access and egress in a forward gear.
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of ~ ~ ~ No clear relationship previously developed land and buildings
ENV2 To promote the application of high standards of design, Effects likely to be City- Attention to the design of transport infrastructure construction and maintenance of buildings wide and cumulative, over complements that applied to other aspects of the built +? -? + the short, medium and environment. long term.
ENV3 To encourage the use of sustainable methods of Effects likely to be City- An efficient and effective transport system contributes transport and reduce the need to travel wide and cumulative, over enhancing sustainable travel, through the +? -? ++ the short, medium and requirements for production of Travel Plans, for long term. example.
ENV4 To encourage high quality development which protects Effects likely to be City- Attention to the design of transport infrastructure and enhances Birmingham’s cultural and natural heritage wide and cumulative, over complements that applied to other aspects of the built +? -? + the short, medium and environment. long term.
ENV5 To promote development which anticipates and ~ ~ ~ No clear relationship responds to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- ~ ~ ~ No clear relationship wide economy to provide opportunity for all
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ECON2 To help promote the vitality of local centres Effects likely to be City- An efficient and effective transport system contributes wide and cumulative, over significantly to economic growth and thereby the well- +? -? ++ the short, medium and being of residents through job opportunities. long term.
ECON3 To promote the regeneration of areas across the City ~ ~ ~ No clear relationship through appropriate development
ECON4 To encourage investment in learning and skills ~ ~ ~ No clear relationship development
SOC1 To help ensure equitable access to community services Effects likely to be City- An efficient and effective transport system enables and facilities wide and cumulative, over access to services and facilities by residents. +? -? + the short, medium and long term.
SOC2 To help provide decent and affordable housing for all, of ~ ~ ~ No clear relationship the right quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which promotes health and Effects likely to be City- An efficient and effective transport system contributes well-being wide and cumulative, over significantly to economic growth and thereby the well- +? -? + the short, medium and being of residents through job opportunities. long term.
SOC4 To encourage development which helps to reduce ~ ~ ~ No clear relationship crime, the fear of crime and antisocial behaviour
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
SOC5 To enable communities to influence the decisions that Effects likely to be City- The policy could assist local neighbourhoods in affect their neighbourhoods and quality of life wide and cumulative, over realising greater control over highway-related issues. +? -? ++? the short, medium and long term.
Commentary
Ensuring that there is a rounded approach to transport planning across the City should yield a broad range of sustainability benefits, notably in respect on enhancing the City’s economic performance through ensuring more efficient and effective movement. In turn and more broadly, the well-being of residents is enhanced though the greater opportunities for efficient travel within the City. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
BCC Evidence Analysis DM13 Highway Safety and Access: There are a large number of applications where transport was an important consideration. It could also be argued that it is a consideration for almost every planning application. The appeal decisions seem to follow a pattern of individual subjective assessment of each case on its merits, rather than any obvious weakness of policy. The common theme is highway safety, with secondary considerations of character and appearance of the area, and shortfall in parking provision.
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Policy DM14 Parking and Servicing
Policy Content Options Considered
1. All development proposals will be required to follow the standards in the Parking SPD (and any subsequent revisions). This includes provision for Retain the existing UDP Policy people with disabilities, cycle parking and infrastructure to support the use of low emission vehicles. No policy 2. Proposals for parking and servicing shall avoid highway safety problems and protect local amenity and character of the area.
3. For development where no standards exist, parking shall be provided to ensure that the operational needs of the development are adequately met, having regard to the need to points above.
4. Development should include transport infrastructure that improves equality of access to travel and supports the efficient use of space, such as cycle hire and car club schemes.
5. Parking proposals should have regard to the Birmingham Design Guide and be designed to be fully accessible to all users.
6. Proposals for standalone parking facilities must demonstrate that there is a deficit in local publicly available off-street parking, or that it will help to relieve on-street parking problems.
SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of ~ ~ ~ No clear relationship previously developed land and buildings
ENV2 To promote the application of high standards of design, Effects likely to be City- Attention to the design of transport infrastructure construction and maintenance of buildings wide and cumulative, over complements that applied to other aspects of the built +? -? + the short, medium and environment. long term.
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ENV3 To encourage the use of sustainable methods of Effects likely to be City- An efficient and effective transport system contributes transport and reduce the need to travel wide and cumulative, over enhancing sustainable travel, through provision for +? -? ++? the short, medium and cycle parking and infrastructure, for example. long term.
ENV4 To encourage high quality development which protects Effects likely to be City- Attention to the design of transport infrastructure and enhances Birmingham’s cultural and natural heritage wide and cumulative, over complements that applied to other aspects of the built +? -? + the short, medium and environment. long term.
ENV5 To promote development which anticipates and ~ ~ ~ No clear relationship responds to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- ~ ~ ~ No clear relationship wide economy to provide opportunity for all
ECON2 To help promote the vitality of local centres Effects likely to be City- Efficient and effective parking policy can have a wide and cumulative, over significant effect on local centre viability. +? -? ++ the short, medium and long term.
ECON3 To promote the regeneration of areas across the City ~ ~ ~ No clear relationship through appropriate development
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ECON4 To encourage investment in learning and skills ~ ~ ~ No clear relationship development
SOC1 To help ensure equitable access to community services Effects likely to be City- An efficient and effective transport system enables and facilities wide and cumulative, over access to services and facilities by residents. +? -? + the short, medium and long term.
SOC2 To help provide decent and affordable housing for all, of ~ ~ ~ No clear relationship the right quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which promotes health and Effects likely to be City- An efficient and effective transport system contributes well-being wide and cumulative, over significantly to economic growth and thereby the well- +? -? + the short, medium and being of residents through job opportunities. long term.
SOC4 To encourage development which helps to reduce ~ ~ ~ No clear relationship crime, the fear of crime and antisocial behaviour
SOC5 To enable communities to influence the decisions that Effects likely to be City- The policy could assist local neighbourhoods in affect their neighbourhoods and quality of life wide and cumulative, over realising greater control over highway-related issues. +? -? ++ the short, medium and long term.
Commentary
Ensuring that there is a rounded approach to transport planning across the City should yield a broad range of sustainability benefits, notably in respect of enhancing the City’s economic performance through ensuring more efficient and effective movement. In turn and more broadly, the well-being of residents is
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enhanced though the greater opportunities for efficient travel within the City. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing new policy to address siting and design of these uses yields more positive sustainability outcomes than the reasonable alternatives presented.
BCC Evidence Analysis DM14 Parking and Servicing: There are a large number of applications where transport was an important consideration. It could also be argued that it is a consideration for almost every planning application. The appeal decisions seem to follow a pattern of individual subjective assessment of each case on its merits, rather than any obvious weakness of policy. The common theme is highway safety, with secondary considerations of character and appearance of the area, and shortfall in parking provision.
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Policy DM15 Telecommunications
Policy Content Options Considered
Retain the existing UDP Policy The Council will promote the development of advanced, high quality communications infrastructure to support economic growth and more accessible, inclusive communities. This will be achieved by requiring new development proposals to: No policy a. Demonstrate opportunities have been explored for sharing of masts or sites. Such evidence should accompany any application made to the local planning authority; b. Demonstrate that there are no suitable alternative sites for telecommunications development available in the locality including the erection of antennae on existing buildings or other suitable structures c. Be sited and designed in order to minimise impact on the visual and residential amenity, character and appearance of the surrounding areas; d. If on a building, apparatus and associated structures to be sited and designed in order to minimise impact to the external appearance of the building; e. Not have unacceptable harm on areas of ecological interest, areas of landscape importance, or heritage assets and their setting; and f. Conform to the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines, taking account where appropriate of the cumulative impact of all operators’ equipment located on the mast / site.
SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
ENV1 To encourage development that optimises the use of ~ ~ ~ No clear relationship previously developed land and buildings
ENV2 To promote the application of high standards of design, Effects likely to be City- The policy should promote the efficient use of shared construction and maintenance of buildings wide and cumulative, over facilities, for example, and more widely help to realise +? -? + the short, medium and good design. long term.
ENV3 To encourage the use of sustainable methods of Effects likely to be City- Modern telecommunications infrastructure is an transport and reduce the need to travel +? -? + wide and cumulative, over important part of helping to reduce the need to travel
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
the short, medium and through home-working and teleconferencing, for long term. example.
ENV4 To encourage high quality development which protects Effects likely to be City- Attention to the impacts on cultural and natural and enhances Birmingham’s cultural and natural heritage wide and cumulative, over heritage will help to protect their interests. +? -? + the short, medium and long term.
ENV5 To promote development which anticipates and ~ ~ ~ No clear relationship responds to the challenges associated with climate change, particularly managing and reducing floodrisk
ENV6 To promote development which makes best use of water ~ ~ ~ No clear relationship resources, reduces pollution and encourages sustainable waste management
ECON1 To help improve the performance of the local and City- Effects likely to be City- Modern telecommunications infrastructure is an wide economy to provide opportunity for all wide and cumulative, over important part of promoting the City’s economic +? -? + the short, medium and performance. long term.
ECON2 To help promote the vitality of local centres Effects likely to be City- Modern telecommunications infrastructure is an wide and cumulative, over important part of promoting the City’s economic +? -? + the short, medium and performance. long term.
ECON3 To promote the regeneration of areas across the City Effects likely to be City- Modern telecommunications infrastructure is an through appropriate development +? -? + wide and cumulative, over important part of promoting the City’s economic performance.
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SA Objective No No policy New Cumulative, Secondary Commentary change policy and Temporal Effects of the Proposed Policy
the short, medium and long term.
ECON4 To encourage investment in learning and skills Effects likely to be City- Modern telecommunications infrastructure is an development wide and cumulative, over important part of promoting the City’s economic +? -? + the short, medium and performance. long term.
SOC1 To help ensure equitable access to community services Effects likely to be City- Modern telecommunications infrastructure is an and facilities wide and cumulative, over important part of basic community services. +? -? + the short, medium and long term.
SOC2 To help provide decent and affordable housing for all, of ~ ~ ~ No clear relationship the right quantity type, tenure and affordability to meet local needs
SOC3 To encourage development which promotes health and Effects likely to be City- Modern telecommunications infrastructure helps to well-being wide and cumulative, over develop economic performance, employment +? -? + the short, medium and opportunities and thereby the well-being of residents. long term.
SOC4 To encourage development which helps to reduce ~ ~ ~ No clear relationship crime, the fear of crime and antisocial behaviour
SOC5 To enable communities to influence the decisions that Effects likely to be City- Modern telecommunications infrastructure contributes affect their neighbourhoods and quality of life wide and cumulative, over to the development of advances in e-democracy. +? -? + the short, medium and long term.
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Commentary
Ensuring that the City has an up-to-date telecommunications infrastructure will ensure sustainability benefits across a range of objectives, notably the contribution to the City’s economic performance, creating opportunities for travel reduction and ensuring that all residents have equitable access to high quality services that enable them to fulfil their economic and social potential. No likely significant negative effects have been identified. There are no suggested changes to the content of the policy arising from the appraisal. The option of developing new policy to address telecommunications siting matters yields more positive sustainability outcomes than the reasonable alternatives presented.
BCC Evidence Analysis DM15 Telecommunications: Majority of applications were approved, many under prior approval notification. The two standard conditions we have in the manual do not appear to be used, raising the question of whether they are appropriate or fit for purpose. 23% of applications refused. 19% of refusals appealed, all by same operator. The number of appeals is relatively low, but the success rate for appellants is high. In each case, the decision appears to revolve around the visual impact. Para 8.55 of the UDP, and standard reason REFL39 do not appear to be effective in these cases, so this is an area that should be given careful consideration in the new Policy. Of the 5 appeals allowed, in 4 cases the Inspector agreed there was some harm but not to the extent that justified refusal. In the remaining allowed appeal, the council judged the site to be in a sensitive location at 60m from a nursery school however the Inspector stated that the site does not fall within the list of sensitive locations as set out in 8.55A. This is inconsistent because the list does say “locations within or adjacent to the grounds of education and health institutions”. The 1 dismissed appeal was dismissed because of the impact of the proposal on the nearby Conservation Area.
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Appendix B Scoping Report Baseline
Birmingham is the United Kingdom’s second largest urban conurbation and neighboured by several other large conurbations, such as Solihull, Wolverhampton, and the towns of the Black Country. It is situated just to the west of the geographical centre of England on the Birmingham Plateau - an area of relatively high ground, ranging around 150-300 metres above sea level. With the Clent, Waseley and Lickey Hills towards the south-west of the City, Birmingham slopes gently to the east of the conurbation. Birmingham is at the heart of the West Midlands Region which also contains the city of Coventry and the Black Country city region. It is the major centre for economic activity and is the major contributor to the regional economy. The City has a vibrant city centre, a strong cultural mix and contains many prosperous areas. The continued urban renaissance of Birmingham, as the regional capital, has been crucial to the Region. This period of renaissance has brought about the successful delivery of key infrastructure projects such as the development of extended public transport networks. These have been vital to improving the City’s local, regional and national accessibility. The city also has an international airport acting as a key gateway to the region and is well served by the M5, M6 and M40 providing access to a number of key cities across the UK.
Material Assets
Resource Use There are no active mineral workings in Birmingham, and no extant planning permissions for mineral extraction. This is due to the lack of naturally-occurring minerals in Birmingham for which there is a demand. As a result, Secondary Aggregates are derived from a very wide range of materials that may be used as aggregates. Secondary aggregates include by-product waste, synthetic materials and soft rock used with or without processing. According to the Study22, in 2003, about 4.29 million tonnes of recycled aggregate and about 0.65 million tonnes of recycled soil were produced in the West Midlands.
Most of Birmingham is in the area served by Severn Trent Water with a small area to north served by the South Staffordshire Water Company. In 2004 domestic water consumption was 137 litres/head/day23. This was lower than the national average in 2007/08 of 14 litres/head/day (Audit Commission24).
The current Water Resources Plan25, prepared by Severn Trent Water for the Birmingham Water Resource Zone includes the development of four significant new water resources. These developments mean that the growth identified in the Water Resources Plan can be accommodated without the zone going into deficit. This zone requires new water resource developments to keep the zone in surplus without which the zone will go into a significant deficit by 2030. Abstraction is licensed by the Environment Agency on a catchment basis26 which set show they will manage water resources in the Tame, Anker and Mease catchments. It provides information on how existing abstraction is regulated and whether water is available for further abstraction. The strategy details delivery commitments under the Water Framework Directive, ensuring no
22 Communities and Local Government (2007) Survey of Arisings and Use of Alternatives to Primary Aggregates in England, 2005: Construction, Demolition and Excavation Waste
23 http://www.defra.gov.uk/sustainable/government/progress/regional/summaries/16.htm
24 http://www.defra.gov.uk/sustainable/government/progress/national/16.htm
25 Severn Trent Water (2013) Water Resources Management Plan
26 Environment Agency (2013) Tame, Anker and Mease Licensing Strategy at: https://www.gov.uk/government/publications/cams-tame- anker-and-mease-abstraction-licensing-strategy
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ecological deterioration of rivers. New additional water management measures or water resources will be needed to ensure water is available to meet the needs of new housing. New foul drainage infrastructure will also be required to support the proposed level of growth.
Sustainable Design, Construction and Maintenance Environmental improvements by the City Council during the late 1980s and early 1990s have improved the overall quality of the environment within the City Centre. There have been notable successes in relation to improving the quality of design and the environment, particularly in the City Centre. This was recognised by the award to the city of the RTPI Silver Jubilee Cup in 2004. Good design continues to be evident in recent and ongoing developments, such as the Birmingham High Performance Centre at the Alexander Stadium, the Attwood Green Area and Brindley Place.
Eastside was conceived as a demonstration of sustainable development principles. In addition to the CHP network, renewable energy technology like wind and solar power will be placed on site along with green roofs and sustainable urban drainage systems. Several large building schemes in Birmingham have achieved high BREEAM Buildings and Ecohomes/Code for Sustainable Homes ratings, exemplifying sustainable building practice. There are currently 39 BREEAM Excellent buildings within Birmingham. There are no BREEAM Outstanding buildings. Commercial buildings include 19 George Road (Excellent), Calthorpe House (Excellent) and Baskerville House (Excellent). The homes at Attwood Green received Excellent Ecohomes standard.
Renewable Energy Birmingham imports in the region of 22,800GWhr of energy per year costing the City’s population and businesses over £1.5bn, with costs predicted to rise along with fuel prices over the coming years.27 The city currently produces just 1% of the £1.3bn of energy that its residents and businesses purchase and consume each year. This not only represents a significant loss of money from the local economy, more critically, it leaves the city exposed to threats from energy security, low levels of resilience, as well as price fluctuations in global energy trading which affect energy bills, having a significant impact upon fuel poverty. BCC has therefore committed to developing energy activity in the city to bring about a more decentralised energy system, and to improve the social and economic opportunities of its residents by addressing fuel poverty and decarbonisation of energy. BCC has begun to tackle this through a focus on energy, and understanding where and how decentralised energy systems could provide major opportunities for the city to produce, control and distribute heat and power networks.
28 The Climate Change Strategic Framework identifies that 46% of Birmingham’s CO2 emissions come from industry, 33% from domestic energy and 21% from road transport. The Framework outlines that Birmingham has limited scope for large-scale renewable energy projects; however, energy users can support developments elsewhere through their purchasing decisions. Furthermore, it is acknowledged in the Annual Monitoring Report1 that the City Council currently does not monitor the provision of new renewable energy capacity although consideration is being given by the Council to ways of monitoring additional renewable energy capacity installed through new development. Photovoltaic panels are currently fitted to some buildings as part of the ‘Birmingham Energy Savers Scheme’ BES resulted in the construction of 3,000 (5%) of its planned energy saving measures.
The largest renewable energy scheme currently operating in Birmingham is the Tyseley Energy from Waste Plant facility which produced a total of over 95,030.50 tonnes of ash between April 2010 and March 2011 and generates 25MWh per annum, from the thermal treatment of waste. A total of 80,241.22 tonnes of bottom ash that was produced was sent for recycling in Castle Bromwich where metals are removed and recycled
27 Birmingham City Council website ‘Renewable Energy’ 28 Birmingham City Council (2009) Cutting CO2 for a Smarter Birmingham Strategic Framework
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with the remaining material used within the construction industry. This is substantially short of the target for renewable energy to account for 15% of energy produced by 2020 in the Climate Change Strategy and Action Plan Consultation 2007. The City has a number of operational ‘Combined Heat and Power’ (CHP) facilities, such as Birmingham Children’s Hospital and Aston University which are part of an award-winning CHP scheme, which are able to generate and supply heat and electricity for local consumption. Birmingham District Energy Scheme is a co-joint co-operation between ENGIE and Birmingham City Council. The scheme is the fastest growing in the UK, with the Council House, ICC, Aston University and Birmingham Children’s Hospital among the buildings benefitting from more efficient energy. It incorporates three district energy networks, all built and operated by ENGIE through the Birmingham District Energy Company (BDEC):
1. Broad Street – a tri-generation (heat, power and cooling) system; 2. Aston University – CHP (combined heat and power) system; and 3. Birmingham Children’s Hospital – CHP system. The Council signed a 25-year energy supply agreement in 2006. The scheme helps Birmingham to save more than 15,000 tonnes of CO₂ emissions every year. Two residential towers are connected to the District Heat network - Crescent and Cambridge towers, situated at the rear of the ICC. The secondary delivery to these blocks is owned by BCC. The ‘total cost of ownership’ of access to heat and power infrastructure, servicing, maintenance, as well as heating and power costs are currently estimated at around 5% less per year. Developers have also shown an interest in bringing forward Anaerobic Digestion (AD) energy generating schemes. As set out in the AMR 2013, the Council will work positively with developers to realise the opportunities that AD hold and emphasise the potential of AD technology for use within Birmingham City Centre as it is a technology seen by the Government as a sustainable and viable waste management solution which utilises waste as a valuable resource. The city also has a number of district heat networks. An energy network feasibility study is currently in progress to help with the development of up to 3 potential energy network opportunities. The Langley Sustainable Urban Extension (SUE) is currently underway and will deliver approximately 6,000 new homes, with a focus on family housing. As stated in the Birmingham Development Plan, adopted January 2017, the new neighbourhood will provide for a mix of housing sizes, types and tenures, including affordable housing in line with the requirements in Policy TP31 (35%). The site is adjacent to a BCC owned site called Peddimore; a large industrial development location; and energy networks are currently being considered in both locations with a potential interconnection at a new junction on the A38. BCC has recently secured feasibility funding from HNDU to further refine this significant network opportunity and consider the potential to deliver affordable and low carbon heat to businesses and residents alike. Selly Oak’s large energy demands of the acute care NHS sites in Selly Oak has been under consideration for some time as a potential connection since HNDU funding was secured in 2016. BCC owned housing blocks Thirlmere House and Windemere House are in close proximity to the hospital trust site and are currently heated via electric storage heaters. As this study continues, the potential to convert these buildings to wet heating systems and adopt them onto a local network will be assessed.
Energy Use There are 100,000 dwellings in the city which are more than 80 years old according to the Birmingham Sustainability Strategy and Action Plan 2000-2005. As a result, the construction form is intrinsically energy- poor. Recent developments, such as the Birmingham High Performance Centre at the Alexander Stadium, have incorporated innovative, energy-efficient design. Although they are not referred to as 100% sustainable energy systems, CHP can be a more efficient energy system generating and supplying heat and electricity for local consumption. Heating is by far the largest domestic use of energy in Birmingham. Space heating accounts for 62% of use, while water heating accounts 22%. This is exacerbated by a large number of homes that do not meet Decent Homes standards, including 49,250 Council-owned homes and an estimated 35,000 private sector dwellings.
Only a very small fraction of Birmingham’s building stock is built new each year, so new building standards will take decades to have a significant impact on resource use across the city, making the condition of the existing building stock very important. There are no indicators of the age or quality of the building stock as a
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whole in Birmingham, but energy use data suggest there are a large number of homes of poor quality that contribute to high energy usage. The Sustainable Community Strategy sets out a vision for Birmingham in 2026 to become the first sustainable global city in Britain. The strategy envisages that in 2026 Birmingham will lead on Climate Change with local energy generation from CHP and cooling schemes will reduce C02 emissions. If Birmingham is to become the first sustainable global city it needs to dramatically increase deployment in low carbon energy generation technologies. The UK has signed up to the European Renewable Energy Directive, which sets a target of 15% of all energy generated to be sourced from renewable sources by 2020.
The Climate Change Framework aims that by 2026 Birmingham will provide an improved quality and choice of housing and ‘decent’ standard for virtually all housing, with efficient heating systems and insulation in line with the best UK cities.
Sustainable Transport
Rail and Metro The BDP sets out the transport improvements required to deliver the growth agenda to support development and attract investment. Birmingham Connected provides the long-term strategy for improving the City’s transport system. This includes measures challenging the car culture, significant investment in walking and cycling and new high quality public transport routes such as Metro, ‘Sprint’ (the bus rapid transit system) and heavy rail. This is being supplemented by a number of proposals including the Birmingham Cycle Revolution, 20mph zones and the West Midlands Bus Alliance. The proposed High Speed 2 (HS2) rail link, initially between Birmingham and London, will bring radically improved rail connections into the City Centre when it opens in 2026, as well as a significant number of new jobs and visitors to the City. This will be supported by the HS2 Connectivity Programme to ensure that the wider region has access to the benefits that HS2 will bring. Birmingham is at the heart of the rail network and in easy reach of millions of people. The £600m redevelopment of New Street Station was opened in 2016 providing a bright modern transport hub and enhanced facilities. There is also a network of suburban and freight rail services. The Midland Metro is a light-rail/tram line in the county of West Midlands, England, operating between the cities of Birmingham and Wolverhampton via the towns of West Bromwich and Wednesbury. The Midland Metro extension from Snow Hill to New Street Station was completed in 2016. Upwards of £300 million is being invested in extending the network that will link key city centre destinations - New Street Station with HS2 at Birmingham Curzon, the business district at Snow Hill, the civic areas around Victoria Square and Centenary Square, Digbeth and Birmingham Smithfield. The line has potential to extend across a wider area running from Birmingham Smithfield to the south of the City to the University of Birmingham, Life Sciences Campus and Queen Elizabeth Hospital. And also from Birmingham through east Birmingham to Birmingham Airport.
Road Birmingham has a complex road network with around 12 major radial roads and ring roads traversing the city. There are also three busy motorways: the M5, M6 and M42, located towards the west, north and east of the city respectively. Although there has been a recent rise in the use of the car, there has been a reduction in average travel speeds. Much of this is due to outward migration of people, which has in turn led to longer car journeys; there have also been a number of out-of-town developments in recent years which have encouraged additional car journeys to be made. Increased congestion has however resulted in lower average vehicle speeds. Congestion is a significant issue and demand exceeds available capacity at certain times and in some locations, both on road and rail. Congestion has indirect and cumulative effects on the economy, on people’s health and well being and on air quality. Congestion can make deliveries less reliable and deter investment. Congestion also affects the wider transport of goods and services via the M5 and M6 and whilst
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the opening of the M6 Toll has provided an alternative for some trips, there are still significant peak hour demands that require management.
The Highways Agency (HA) Midlands Motorway Box (MMB) Route Management Strategy highlights a number of problems and issues that affect both the HA and the local authority networks. The MMB network caters for a mixture of commuter and long distance strategic traffic, the M5 and M6 form part of the Trans- European Network, with a peak hour period of around 18 hours. The route has a high regularity of junctions, 13 miles of the route is elevated making it difficult to plan and carry out maintenance and the MMB is sensitive to changes in demand and flow when large scale events are held such as those at the National Exhibition Centre (West Midlands Local Transport Plan 2006). Casualties are disproportionately higher in deprived areas. The West Midlands Metropolitan Area is on course to reduce the number of people killed or seriously injured by 2010 by 40%, reduce the number of children killed or seriously injured by 50%. This good progress is reflected in the area’s designation as a Centre of Excellence for Integrated Transport specialising in road safety.
Bus and Coach Approximately 85% of all public transport trips in Birmingham are handled by the city’s buses. The bus network is operated by a number of companies, with services along the main radial routes providing good coverage to the City Centre. There are priority measures in place on a number of these routes, such as Digbeth High Street, while others are planned. Pedestrianisation limits bus traffic to a few key corridors in the City Centre, which reduces capacity and creates significant environmental problems along these routes. Coach travel is also important, particularly in providing an inexpensive means of longer distance travel for those on low incomes. The city has a number of on-street coach set down and pick up points around the City Centre. The Brewery Street Lorry and Coach Park has capacity for up to 32 18.5m/14m vehicles.
Travel Behaviour Birmingham has a relatively high percentage of households without a car – 35.8% compared to the English average of 25.6%29. However, despite this fact, just over half of people who both live and work in the City use their car to get to work, only a fifth use the bus, and a tenth walk or work from home18. In contrast, over three quarters of people commuting into the city use a car, about a tenth use the train, and a further tenth travel by bus. Table 4.2 shows statistics for people travelling to work in Birmingham.
Table 4.2 Means of Travel to Work in Birmingham, 2001 (Census 2001)
Travel to Work - % of those working Method Live in Birmingham, works Live and work in Work in Birmingham, live outside Birmingham outside
Work at/from home 0 9.5 0
Train 2.9 2.4 10.3
Bus 12.8 22.1 10.2
Car 78.3 52.4 75.5
Walk 2.7 10.4 1.2
Other 3.3 3.2 2.8
Total (100%) 79,000 288,000 162,000 Source: ONS 2001 Census
29 Birmingham City Council (2014) Annual Monitoring Report 2013
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The picture is different for trips to the city centre with over 60% of trips arriving by non-car modes. According to the Birmingham Cordon Surveys, the total number of car trips entering Birmingham City Centre during the morning peak hours (07:30-09:30 hrs) has decreased in the past ten years. However, the number of bus trips remained relatively constant with a slight decrease since 2005, while the number of rail trips has increased since 2001. In 2006/7 some 62.7% of bus users in the West Midlands metropolitan areas were satisfied with services which already exceeds the target of 60% by 2009/10 (West Midlands Local Transport Plan Delivery Report 2006-2008). Bus punctuality30 in 2006/7 was about 65%, marginally below the target. Performance has tended to vary from year to year and from corridor to corridor (West Midland Local Transport Plan Delivery report 2006-2008). In 2011, 8 out of 10 journeys made by public transport were made by bus The Bus Alliance is committed to ensuring that all buses in the region are a minimum of Euro V by 2020 (West Midland Local Transport Plan Delivery Report 2017/18). The Transportation and Street Services Overview and Scrutiny Committee set a target of 83% by 2010/11.Waste Management.
In 2012/13 there was 488,867 tonnes of municipal waste collected of which 70.48% was used to recover heat and power from the Tyseley EfW facility. Municipal waste is a significant part of the waste stream, but only represents a small proportion of the total amount of waste produced in Birmingham (Figure 4.1).
Figure 4.1 Destination of Birmingham’s Waste Stream
Source: http://www.bebirmingham.org.uk/documents/Birmingham_Total_Waste_Strategy_Final_Report_24.11.10.pdf Birmingham’s recycling and composting rates have been improving over the past ten years and the current performance (for 2012/13) is 32%. The percentage of waste sent to landfill is 7.48% for the 2012/13. Both rates represent a significant improvement in performance over the past decade (Table 4.3).
According to the Municipal Waste Management Strategy, the amount of household waste generated per person is lower in Birmingham than in other metropolitan authorities, and its rate of growth has also been lower than the national growth. Birmingham City Council recovers energy from the majority of its ‘residual’ municipal waste through the Tyseley Energy from Waste Plant (EfW) 31. This reduces reliance on landfill as a disposal option The Strategy identifies that the City Council has sufficient municipal waste treatment capacity up to 2019.
30 Birmingham City Council (2007) Building Bus Use: A Report from Overview & Scrutiny 31 Birmingham City Council (2006) Municipal Waste Management Strategy 2006-2026
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Table 5.3 Municipal Waste Arising in Birmingham and Methods of Management 2002 - 2013
Year Waste Waste Waste Recovered Waste sent to Landfill % of 2001 Arising Recycled/Composted EFW level sent (tonnes) to landfill
Tonnes % Tonnes % Tonnes %
2002/3 536,191 50,519 9.42 352,535 72.80 123,347 23.00 63.08
2003/4 551,691 58,442 10.70 337,491 61.20 126,778 22.97 64.83
2004/5 568,035 69,924 12.30 340,127 59.87 112,726 19.84 57.65
2005/6 557,810 77,744 13.93 338,605 60.70 102,588 18.39 52.46
2006/7 570,591 96,929 18.39 313,775 47.92 101,372 17.76 51.82
2007/8 565,548 123,572 26.43 325,167 51.96 107,699 19.04 55.05
2007/8 543,645 140,541 30.59 335,346 61.68 77,763 14.30 39.75
2008/9 527,207 138,589 31.78 334,409 63.47 64,748 12.28 33.10
2010/11 508,884 131,001 32.00 341,684 67.15 52,800 10.37 26.94
2011/12 484,099 124,537 31.28 348,157 71.92 23,804 4.92 12.18
2012/13 488,867 130,035 32.31 344,526 70.48 36,584 7.48 18,72 Source: BCC AMR 2013
Efficient Use of Land Since 2002/03, the proportion of new housing developed on previously developed land (PDL) has been high (at over 90%) and generally increasing with the exception of 2008/9 when slightly less housing completions (89%) took place on PDL. No housing completions taking place on greenfield land in 2009/10. The density of new housing completions over the decade to 2011/12 has been 65% for 50+ dwellings per ha, 28% for 30- 50 dph and 7% for less than 30 dph. The average density of development over the decade to 2011/12 is 59.6 dph, falling from a peak of 80dph in 2008/09 reflecting the fall in apartment development.
Soil Quality As most of Birmingham is built-up, there is very little soil of a high quality. There is agricultural land situated to north-east of the City at Sutton Coldfield and a lesser amount is to be found at Woodgate Valley to the south-west. In terms of agricultural land classification, almost the whole of Birmingham is classified as Urban and just a small area in the north and north east are classified as Grade 3 agricultural land (MAGIC website).
There are a number of sites which could be subject to land contamination within Birmingham. This includes a total of 67 former known landfill sites that have been identified in the City since the 1960s although risk and remediation schemes have already been carried out on many of these sites. The majority of identified landfill sites are situated next to housing and some are located on Birmingham's major aquifer. Public open space within the city, except for the 85ha that former landfills, this land is not likely to be affected by contamination32.
Historically, Birmingham has had a very broad spectrum of manufacturing industries. Many of these have the potential to leave a legacy of land contamination. As with many industrial cities, energy requirements have changed as new technologies have become available. Birmingham is no exception. The production of energy from coal to produce town gas or electricity has obvious contamination issues and there are several areas of
32 Birmingham City Council (2008) Contaminated Land Inspection Strategy for Birmingham Second Edition
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Birmingham where historically such activities have been undertaken. At the heart of the United Kingdom’s road and rail network Birmingham has considerable areas of land which may be contaminated due to transportation activities. These include roads, canals, railways and airports.
Waste disposal activities in Birmingham range from complex waste treatment plants dealing with highly hazardous waste to waste transfer stations handling inert building waste and soil. The potential land contamination issues in respect of landfill sites have been considered previously, but all waste disposal activities will be the subject of assessment.
The Council is required under Section 78R of Part IIA of the Environmental Protection Act 1990 to maintain a Public Register of Contaminated Land of which there are 121 entries.
Influence of the DM DPD on Material Assets The DM DPD is likely to have a mixed and indirect influence on material assets through the granting of planning permission which will entail additional resource use. However, the requirements for increasingly demanding standards of energy efficiency and waste management in the construction and running of buildings will bring about improved resource use overall as will the maintenance of the preference for the use of previously developed land. Detailed design requirements and conditions associated with the granting of planning permission could also be influential in encouraging more sustainable travel, for example in restricting parking spaces.
Climatic Factors
Climate Change UK Climate Change Projections (UKCP09)33 suggest that mean summer temperatures could rise by 2.6ºC, summer rainfall could decrease by 17% and winter rainfall could increase by 13% in the West Midlands by the 2050s. These are the central estimates for a medium emissions scenario. By the 2050s central England could have irrigation needs similar to those currently seen in central and southern Europe. Mean monthly river flows could decrease by 50% to 80%. However, by the 2080s, the latest UK climate projections (UKCP09) are that there could be around three times as many days in winter with heavy rainfall (defined as more than 25mm in a day). It is plausible that the amount of rain in extreme storms (with a 1 in 5 annual chance, or rarer) could increase locally by 40%34. The impact of wetter winters and more of this rain falling in wet spells may increase river flooding. More intense rainfall causes more surface runoff, increasing localised flooding and erosion. In turn, this may increase pressure on drains, sewers and water quality. Storm intensity in summer could increase even in drier summers.
More generally, according to the UK’s Climate Change Risk Assessment35 the following key impacts associated with climate change are likely:
Flood risk is projected to increase across the UK. Expected annual damages increase from a current baseline of £1 billion to between £1.8 and £5.6 billion by the 2080s for England (not including the effects of projected population growth);
Risk of increased pressure on the country’s water resources. The current public water supply surplus of around 900Ml/day on average is projected to turn into a water supply deficit of around 1,250Ml/day by the 2020s and 5,500Ml/day by the 2050s, with large regional variations;
33 UKCP09 http://ukclimateprojections.defra.gov.uk/content/view/515/499/ 34 Birmingham City Council (2011) Preliminary Flood Risk Assessment 35 http://www.sustainabilitywestmidlands.org.uk/media/resources/adaptation_sub-committee_report.pdf
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Potential health risks related to hotter summer conditions, but potential benefits from milder winters; There are projected to be between 580 to 5,900 additional premature deaths per year by the 2050s in hotter summer conditions. Conversely, between 3,900 and 24,000 premature deaths are projected to be avoided per year with milder winters by the 2050s;
Sensitive ecosystems that have already been degraded by human activity may be placed under increasing pressure due to climate change. The main direct impacts relate to changes in the timing of life-cycle events, shifts in species distributions and ranges, and potential changes in hydrological conditions. While some species would benefit from these changes, many more would suffer; and
Some climate changes projected for the UK provide opportunities to improve sustainable food and forestry production. Some agri-businesses may be able to increase yields of certain types of crops and introduce new crops in some parts of the country, as long as pests and diseases are effectively controlled and sustainable supplies of water are available.
The UK is at risk of both water supply deficits (too little water) and greater risk of flooding (too much water). While this can seem counterintuitive, it arises due to changes in the timing and extent of when rain falls. Water supplies (groundwater and reservoirs) need sustained rainfall over a period of time, particularly in winter, to remain at required levels. The intense rain that can lead to flooding from rivers and surface water does not necessarily replenish these large stores, as the water may flow rapidly downstream before it is captured, and not fall in sufficient quantity over a prolonged period.
Birmingham imports in the region of 22,800GWhr of energy per year costing the city’s population and businesses over £1.5bn, with costs predicted to rise along with fuel prices over the coming years36. The 37 Climate Change Strategic Framework identifies that 46% of Birmingham’s CO2 emissions come from industry, 33% from domestic energy and 21% from road transport. Between 2005 and 2011, there was a 12.5% decrease in per capita carbon emissions (Figure 4.2). The Birmingham Climate Change Framework provides a key target to produce a 60% reduction in carbon dioxide (CO2) emissions produced in the City by 2026. The overall actual and projected reduction in CO2 emissions is illustrated in Figure 4.2 where a halving of emissions over the next ten years is anticipated.38
Figure 4.2 CO2 Emissions Progress and Required Reduction Path
36 Birmingham City Council website ‘Renewable Energy’ 37 Birmingham City Council (2009) Cutting CO2 for a Smarter Birmingham Strategic Framework 38 Birmingham’s Green Commission (September 2013) Report on Birmingham’s Carbon Emissions Progress http://greencity.birmingham.gov.uk/wp-content/uploads/2013/11/Birminghams-CO2-Emissions-Progress-September-2013.pdf
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In terms of sectoral emissions (Figure 4.3), the clearest contributions to overall reductions are associated with the industrial and domestic sectors, with transport proving to be more stubborn.
Figure 4.3 Birmingham’s CO2 Emissions by Sector 2005 – 2014
Birmingham’s CO2 Framework suggests that the City has limited scope for large-scale renewable energy projects; however, energy users can support developments elsewhere through their purchasing decisions. The largest renewable energy scheme currently operating in Birmingham is probably the Tyseley Energy from
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Waste Plant facility which produced a total of over 95,030.50 tonnes of ash between April 2010 and March 2011 and generates 25MWh per annum, from the thermal treatment of waste. A total of 80,241.22 tonnes of bottom ash that was produced was sent for recycling in Castle Bromwich where metals are removed and recycled with the remaining material used within the construction industry. This is substantially short of the target for renewable energy to account for 15% of energy produced by 2020 in the Climate Change Strategy and Action Plan Consultation 2007. The City has a number of operational ‘Combined Heat and Power’ (CHP) facilities, such as Birmingham Children’s Hospital and Aston University which are part of an award-winning CHP scheme, which are able to generate and supply heat and electricity for local consumption. The connection of Birmingham Children’s Hospital to the CHP scheme has allowed for the supply of heat to Lancaster Circus.
Whilst it is acknowledged in the Annual Monitoring Report1 that the Birmingham City Council currently does not monitor the provision of new renewable energy capacity, it is understood that further consideration is being given by Birmingham City Council to ways of monitoring additional renewable energy capacity installed through new development.
There are 100,000 dwellings in the city which are more than 80 years old according to the Birmingham Sustainability Strategy and Action Plan 2000-2005. As a result, the construction form is intrinsically energy- poor. Recent developments, such as the Birmingham High Performance Centre at the Alexander Stadium, have incorporated innovative, energy-efficient design. Although they are not referred to as 100% sustainable energy systems, CHP can be a more efficient energy system generating and supplying heat and electricity for local consumption.
Heating is by far the largest domestic use of energy in Birmingham. Space heating accounts for 62% of use, while water heating accounts 22%. This is exacerbated by a large number of homes that do not meet Decent Homes standards, including 49,250 City Council-owned homes and an estimated 35,000 private sector dwellings. The Climate Change Framework aims that by 2026 Birmingham will provide an improved quality and choice of housing and ‘decent’ standard for virtually all housing, with efficient heating systems and insulation in line with the best UK cities.
The Sustainable Community Strategy sets out a vision for Birmingham in 2026 to become the first sustainable global city in modern Britain. The strategy envisages that in 2026 Birmingham will lead on Climate Change with local energy generation from CHP and cooling schemes will reduce C02 emissions. If Birmingham is to become the first sustainable global city it needs to dramatically increase deployment in low carbon energy generation technologies. The UK has signed up to the European Renewable Energy Directive, which sets a target of 15% of all energy generated to be sourced from renewable sources by 2020.
Managing and Reducing Flood Risk Many of Birmingham’s rivers and streams are susceptible to flooding (whether due to climate change or otherwise) and Birmingham City Council is required to consult the Environment Agency on all planning applications within the floodplain zones defined by the Agency.
Since 2011 the Environment Agency has provided advice on 212 approved planning applications including 97 in 2015/16. All of these applications were approved with no outstanding objection from the Environment Agency. In a number of cases an objection was raised to a proposal as initially submitted but, through amendments and discussions during the consideration of the application, issues were resolved and objections removed prior to the applications being approved.
The Level 1 revised Strategic Flood Risk Assessment was published in January 2012 by the City Council which assesses and maps all known sources of flood risk including fluvial, surface water, sewer, groundwater and impounded water bodies, taking into account future climate change predictions, to be uses as an evidence base to locate future development, primarily in low flood risk areas. The Level 2 Strategic Flood Risk Assessment (April 2012) assesses possible development locations identified in the Strategic Housing Land
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Assessment in terms of flood zones and the sequential test. The results of the SFRA should be incorporated into the SA process once they become available.
One factor that can help to manage and adapt to the impact if climate change is the development and enhancement of Green Infrastructure (GI) (also including ‘blue infrastructure’). GI is the interconnected network of open spaces and natural areas, such as greenways, waterway and waterbodies, parks, forest preserves and native plant vegetation, that can help naturally manage storm water, reduce flooding risk and improve water quality, helping to reduce the City’s ‘heat island effect’.
Birmingham is at risk of flooding from Main Rivers, ordinary watercourses, surface water, sewer flooding and groundwater. There is also the potential for canal and reservoir breach and overtopping. It is estimated that there are 11,365 at risk of fluvial flooding and 24,600 properties at risk of surface water flooding.
The Level 1 revised Strategic Flood Risk Assessment (SFRA) was published in January 2012 by Birmingham City Council. The SFRA assesses and maps all known sources of flood risk including fluvial, surface water, sewer, groundwater and impounded water bodies, taking into account future climate change predictions, and these are to be used as an evidence base to locate future development, primarily in low flood risk areas. The Level 2 Strategic Flood Risk Assessment (April 2012) assesses possible development locations identified in the Strategic Housing Land Assessment in terms of flood zones and the sequential test. Emerging strategies at the City-wide level to manage flood risk include the Surface Water Management Plan and the Local Flood Risk Management Strategy.
Fluvial Flood Risk Fluvial flooding occurs when water draining from the surrounding land exceeds the capacity of a watercourse. The Environment Agency produced Flood Zones show the areas potentially at risk of flooding from rivers, ignoring the presence of defences. Figure 4.4 shows the flood zones in Birmingham showing 1 in 100 and 1 in 1,000 year risks associated with Birmingham’s rivers and their tributaries.
Figure 4.4 Flood Zones across Birmingham
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Surface Water Flooding Surface water flooding describes flooding from sewers, drains, small watercourses and ditches that occurs during heavy rainfall in urban areas. It includes: Pluvial flooding - flooding as a result of high intensity rainfall when water is ponding or flowing over the ground surface (surface run-off) before it enters the underground drainage network or watercourse, or cannot enter it because the network is full to capacity; Sewer flooding39 - flooding which occurs when the capacity of underground systems is exceeded, resulting in flooding inside and outside of buildings. Normal discharge of sewers and drains through outfalls may be impeded by high water levels in receiving waters; Flooding from small open-channel and culverted urban watercourses40 which receive most of their flow from inside the urban area; and Overland flows from the urban/rural fringe entering the built-up area, including overland flows from groundwater springs.
Birmingham City Council has developed a Surface Water Management Plan41. The SWMP process is a framework through which key local partners with responsibility for surface water and drainage in their area work together to understand the causes and effects of surface water flooding and agree the most cost- effective way of managing surface water flood risk for the long term. The process of working together as a partnership is designed to encourage the development of innovative solutions and practices. The purpose is to make sustainable urban surface water management decisions that are evidence based, risk based, future proofed and inclusive of stakeholder views and preferences. Figure 4.5 illustrates the areas susceptible to surface water flooding across the City.
Figure 4.5 Areas Susceptible to Surface Water Flooding
Source: Birmingham City Council (May 2013) Green Spaces Living Plan
39 Consideration of sewer flooding in ‘dry weather’ resulting from blockage, collapse, or pumping station mechanical failure is excluded from SWMPs as this id for the sole concern of the sewerage undertaker 40 Interactions with larger rivers and tidal waters can be an important mechanisms controlling surface water flooding 41 https://www.birmingham.gov.uk/downloads/file/2561/surface_water_management_plan_for_birmingham_-_final_report
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Groundwater Flood Risk In response to the need for more information on groundwater flooding, the British Geological Society (BGS) has produced the first national hazard or susceptibility data set of groundwater flooding. The data is based on geological and hydrogeological information and can be used to identify areas where geological conditions could enable groundwater flooding to occur and where groundwater may come close to the ground surface.
Although this is not a risk data set in that it does not provide information about the likelihood of a groundwater flood occurring, it can be used to provide an understanding of groundwater flooding.
Areas susceptible to groundwater flooding are shown Figure 4.6.
Figure 4.6 Areas Susceptible to Groundwater Flooding
Source: Birmingham City Council (May 2011) Preliminary Flood Risk Assessment
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Historic Flood Risk in Birmingham A number of datasets have been collated to assess the local historic flood risk in Birmingham; this includes flooding from watercourses, surface water and groundwater. However due to the urbanised nature of the Birmingham catchment there are often significant interactions between sources of flooding and it is not always possible to ascertain the source of the flooding.
Historical flooding records provide a source of data that directly indicates both areas and sources of flooding. Recent years have seen a number of flooding events affecting Birmingham (September 1998, April 1999. June 1999, July 2000, June 2005, June 2007, July 2007, September 2008 and more recently in June 2016 and in May 2018), all historical flooding data has been collected from BCC, Severn Trent Water and British Waterways. The PFRA mapped historic flood locations across the City, shown in Figure 4.7.
Figure 4.7 Historic Flood Locations across Birmingham by Flooding Source
Source: Birmingham City Council (May 2011) Preliminary Flood Risk Assessment
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Influence of the DM DPD on Climate Change and Managing and Reducing Flood Risk There are opportunities to adopt more sustainable approaches to directly address potential increases extreme weather events which may arise through climate change. Scrutiny of building design could include climate-proofing measures such as passive ventilation and opportunities to enhance energy efficiency which will indirectly assist in mitigating climate change. The extension and enhancement of Green Infrastructure across the City will be important in providing necessary resilience against the likely impacts of climate change. The DM DPD will directly influence were development takes place through guiding development away from flood risk areas, requiring appropriate adaptation measures where this is not possible, and enhancing the City’s capacity to mitigate and adapt to the likely effects of climate change.
Biodiversity and Geodiversity
The City has a number of areas that are protected for their nature conservation value. The City’s nature conservation sites include two Sites of Special Scientific Interest (SSSIs): Sutton Park and Edgbaston Pool. Sutton Park is also designated as a National Nature Reserve (NNR). There are 12 Local Nature Reserves (LNRs), over 50 Sites of Importance for Nature Conservation (SINCs) and over 120 Sites of Local Importance for Nature Conservation (SLINCs) covering various ancient woodlands, grasslands, lakes, streams, and other important wildlife habitats or examples of natural landscape. Within the City Centre there are a number of sites of local importance for nature conservation (SLINCs), essentially the canal network and the River Rea. These areas, as well as the linear corridors along main rail and Metro lines, are key wildlife corridors. Together these form the City’s green and blue infrastructure network through a series of corridors and stepping stones which, in accordance with the NPPF (para 109) should be protected and enhanced to increase their resilience to current and future pressures. Table 4.4 shows the total area covered by different types of nature conservation sites, Figure 4.8 maps these assets.
Table 4.4 Birmingham’s Designated Nature Conservation Sites
Type of Area Number of Sites Total Area % of City’s Area (Hectares)
SSSIs 2 896.59 3.35
NNRs 1 811.73 3.03
LNRs 12 316.73 1.16
SINCs 55 828.03 3.09
SLINCs 121 698.96 2.62 Source: Birmingham City Council, AMR (2013 and 2014)
The 2016-2017 AMR reports only very limited changes to designated sites as a result of planning applications, with one application approved for development within designated sites of national importance (SSSIs or NNRs). Some 43 applications for development were approved for development in or adjacent to SINCs: for these schemes where adverse impacts on sites’ nature conservation interests were anticipated, appropriate mitigation and compensation were secured to satisfactorily address these impacts.
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Figure 4.8 Birmingham’s Biodiversity Assets
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Green Infrastructure (GI) refers to the living network of green spaces, water and other environmental features in both urban and rural areas. It is often used in an urban context to cover benefits provided by trees, parks, gardens, road verges, allotments, cemeteries, woodlands, rivers and wetlands42. GI can provide a number of benefits including:
Safeguarding and enhancing natural and historic assets; Increasing contact between people and nature; Protecting and enhancing landscape character and local distinctiveness; Providing for climate change mitigation and adaptation; Creating a focus for social inclusion, education, training, health and well-being; Increasing property and land values; and Attracting and retaining people ensuring stable populations and labour supply.
The Birmingham and Black Country Nature Improvement Area (NIA) Ecological Strategy provides a landscape-scale framework for action to conserve and enhance biodiversity and geodiversity and to improve ecological networks across the City. The approach set out in the Strategy reflects ecological principles set out in Making Space for Nature (Lawton et al 2010) and national policy and guidance relating to the natural environment and green infrastructure. The Cannock Chase to Sutton Park Project encompasses an area of approximately 670 square km extending from the edge of Birmingham northwards into Staffordshire. The Project area is characterised by two core areas of semi-natural habitat: Cannock Chase and Sutton Park. These areas support significant amounts of lowland heath habitat along with a range of additional habitats including acidic and neutral grasslands, scrub, woodland and wetlands. The City’s ecological networks are a fundamental component of Birmingham’s Green Infrastructure and in accordance with paragraphs 91, 150 and 171 of the NPPF should inform policy and its implementation to ensure that development that may affects them is compatible with their purpose and can contribute to their enhancement. The Council’s Green Living Spaces Plan recognises the essential role of the green infrastructure network in securing a resilient and healthy city and provides a framework for increasing natural capital and the ability of green infrastructure assets to deliver environmental and socio-economic benefits.
Figure 4.9 illustrates the City’s GI network
42 Defra (2011) The Natural Choice: securing the value of nature.
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Figure 4.9 Birmingham’s Green Infrastructure Network
Source: http://consult.birmingham.gov.uk/portal/ps/csd/csdraft?pointId=d2670232e7333
Birmingham is characterised by a large number of well-established parks, many of which were created in the 19th century. The City’s greenspace is supplemented by a large linear open space network, which is based primarily on the Rivers Cole and Rea and the City's extensive canal network. The extent of green spaces (excluding areas designated for nature conservation) is show in Table 4.5 and are mapped in Figure 4.10.
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Table 4.5 Green Spaces in Birmingham
Open Space Category Area (ha) % of City Council Area
Public Open Space 3,069.77 11.46
Public Playing Fields 296.9 1.11
Private Playing Fields 268.11 1.0
Private Open Space 67.19 0.25
Educational Playing Fields 166.33 0.62
Golf Courses 657.78 2.46
Statutory Common Land 11.25 0.04
Allotments 243.8 0.91
Green Belt 4,154.77 15.52 Source: Birmingham City Council, AMR (2015)
Figure 4.10 Green Spaces in Birmingham
Source: http://consult.birmingham.gov.uk/portal/ps/csd/csdraft?pointId=d2670232e7333
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Geodiversity The term geodiversity incorporates all the variety of rocks, minerals and landforms and the processes which have formed these features throughout geological time. The geology of the West Midlands is dominated by the South Staffordshire Coalfield, the exploitation of which has contributed greatly to the industrial and economic development of the area43. Upper Carboniferous Coal Measures underlie the main conurbation of Wolverhampton, Walsall, West Bromwich and Dudley. Surrounding these shales, sandstones and mudstones are Triassic aged rocks which comprise red mudstones and sandstones. These underlie much of Birmingham and form the solid geology up to Sutton Coldfield. Within the main mass of the Coal Measures are a number of isolated outcrops of older Silurian rock. These shallow water limestones and shales contain a wide range of marine fossils and form the famous outcrops at Wren’s Nest and Dudley Castle Hill. There are also a number of igneous intrusions into the Coal Measures. Much of the area has been mantled in thick deposits of boulder clay and sands and gravel deposited by ice sheets and meltwaters during the Ice Ages of the last two million years44.
The geology underlying the City has a significant influence over the use of SuDS which include a variety of techniques including swales and basins, permeable pavements and ponds and wetlands to mimic natural drainage processes and mitigate the impacts that development has on surface water runoff rates and volumes. The SFRA for Birmingham (2011) notes that the geology beneath Birmingham, is essentially divided into two due to a fault, known as the ‘Birmingham Fault’, running approximately north-east to south-west and consists of Permian and Triassic sandstones and mudstones. To the west of the fault line the rock strata predominantly consists of red and red-orange sandstones and is indicative of high permeability soils (good to very good drainage), and to the east the rock strata predominately consists of red and red-brown mudstones which are inter-bedded by several silt and sandstone bands and are typically representative of low permeability soils (poor drainage to practically impervious). The SFRA encourages that these characteristics should be considered in the development process where large increases in impermeable area for a site could contribute to a significant and resulting increase in surface water runoff peak flows and volumes. In turn this could contribute to an increase in flood risk elsewhere unless adequate SuDS techniques are implemented as part of a development. Additionally, indirect impacts on the water table and source protection zones need to be taken into account.
Influence of the DM DPD on Biodiversity and Geodiversity Policies and proposals pursued in the DM DPD could include a range of direct and indirect impacts, all having the potential to adversely affect biodiversity. Careful scrutiny of development proposals will be required to ensure that direct impacts are avoided where possible and indirect impacts (such as downstream effects) are anticipated and appropriately mitigated. If well managed, development can benefit wildlife and recreational interests, through habitat improvement or creation using the Green and Blue infrastructure multifunctional network as a starting point. This accords with guidance in the NPPF (para 118) which requires the application of the ‘avoid, then mitigate and, (as a last resort) compensate for adverse impacts on biodiversity’ principle. Given the need to minimise impacts on biodiversity, DM DPD policies and their application should promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations, linked to national and local targets (in accordance with the NPPF para 117). For geodiversity, there is a need to conserve, interpret and manage geological sites and features in the wider environment, and not just designated sites.
43 http://www.naturalengland.org.uk/ourwork/conservation/geodiversity/englands/counties/area_ID38.aspx 44 http://www.naturalengland.org.uk/ourwork/conservation/geodiversity/englands/counties/area_ID38.aspx
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Population and Human Health
Housing Birmingham’s 2017 housing strategy states that: “Every citizen should have the opportunity to live in a safe and warm home within a neighbourhood they are proud of”. The strategy outlines the importance of tackling fuel poverty to improve health, well-being and financial inclusion. This is highlighted as a cross-cutting issue within the Council’s Vision and Priorities statement. The strategy also makes reference to the well- established “Stay Warm Stay Well” (SWSW) programme that delivers practical solutions to vulnerable people affected by fuel poverty. This programme is delivered through a network of third sector partners. The Council has an ambition to extend an offer of affordable warmth works to private sector households within the areas where ECO-funded improvement works are being carried out on Council-owned homes.
The City covers an area of 26,779ha (267.8km2), of which 15,200ha is residential. According to the Housing Development Plan45 Birmingham’s residents live in 406,000-410,000 households. The City has about 414,000 self-contained properties. In April 2018, there were about 61,000 Council owned properties and an estimated 37,650 owned by registered social landlords. In addition to this there are also 3,000 shared ownership properties. Since 2001, the City’s population has grown after experiencing declines between 1991 and 2001 due to net out-migration. The current population of the City (according to ONS population estimates) is 1,218,100. If recent trends continue the population of Birmingham is projected to grow from 1,101,400 in 2014 to 1,189,600 (+8.0%) in 2024 and to 1,268,100 (+15.1%) in 2034 (sub national population projections)46. Substantial growth is expected among pensioners particularly those aged 85 years or more. This age group is expected to increase by almost 25% by 2024. The gains reflect a shift in the overall balance of migration from negative to positive, coupled with greater natural increases. The main reason for this has been the high levels of international immigration in recent years. The growth in the ageing population is reflective of national trends. These statistics have implications for housing provision. Table 4.6 shows that the number of households in the City increased in the period from 2001 to 2011. Despite the above, the rate of increase in households in Birmingham has been less than the national and regional rates.
Table 4.6 Change in Households in Birmingham, the West Midlands Region and England, 2001 and 2011
Area 2001 Households 2011 Households
Birmingham 390,800 410,700
West Midlands Region 2,153,700 2,294,900
England 20,451,400 22,063,400
Index of Change
Birmingham +0.95
West Midlands Region +0.93
England +0.92
Source: Census of Population, 2001 and 2011, Office of National Statistics
45 Source: http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Housing%2FPageLayout&cid=1223092723273&pagename=BCC% 2FCommon%2FWrapper%2FWrapper 46 Statistics from https://www.birmingham.gov.uk/info/50065/population_and_census/1003/population_in_birmingham/6 [Accessed April 2018]
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If recent trends continue the population of Birmingham is projected to grow from 1,101,400 in 2014 to 1,189,600 (+8.0%) in 2024 and to 1,268,100 (+15.1%) in 2034. Substantial growth is expected among pensioners particularly those aged 85 years or more. This age group is expected to increase by almost 25% by 2024.
Forecast organic population growth equates to just under 40,000 new residents over the next five years. Birmingham is forecast to see growth in the number of households from 422,022 in 2014 to 440,529 – a rise of around 18,500 households. This equates to an average annual increase of approximately 3,68047 households each year. Longer term forecasts48 show that the number of households will increase by over 100,000 over the next 20 years.
The average household size in Birmingham is greater than the national average and is greatest in the West Midlands Region according to the 2011 Census with an average household size of 2.6 people. Birmingham has relatively high proportions of households containing one person or with five or more people. Average household size reduced from 2.54 in the period 1991 to 2001, largely as a result of growing numbers of one- person households. However, for the period of 2011 to 2011 the average household size (persons) has increased to 2.5649. The City has a relatively low proportion of detached housing, and higher proportions of terraced housing and flats.
According to the 2011 Census, Birmingham was the most densely populated local authority within the West Midlands region with 4,000 people per square kilometre. This is an increase on the 2011 population density of 3,677 people per square kilometre which equates to an increase of 0.9%. The average housing density has decreased from over 74 dwellings in 2009/10 to just over 40.6 dwellings per hectare in 2014/15. This could be attributed to factors such as the reluctance of the development industry to commit to apartment schemes at the present time.
In recent years there have been political concerns over high density suburban development. This has manifested itself in a ‘Mature Suburbs: Guidelines to Control Residential Intensification - Supplementary Planning Document’ and away from the City Centre this has led to decreasing densities over the past five years.
The mean house price in the City is below the regional average, particularly at the cheaper end of the market. Figure 4.11 indicates that house prices in Birmingham peaked in January 2008 and sharply declined through to 2010, and now have recovered strongly to over one third higher in 2018 than 15 years ago at almost £180,000. Over the same period sales volumes initially declined but have recovered to levels of 15 years previously. Overall, the figures suggest that the affordability of housing for poorer families and first-time buyers has declined. 89,000 new homes are needed from 2011 to 2031. Whilst is not possible to deliver all of this new housing within the city boundary, Birmingham council have ambitious but achievable plans to build at least 51,000 new homes in this period.
47 Figures from ONS 48 ONS 2039 Household Projections 49 Office for National Statistics 2011 Census: Population and household estimates for England and Wales – supplementary figures Pt 2
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Figure 4.11 Average House Prices and Sales Volume in Birmingham 2005-201850
£200,000 2,500
£180,000
£160,000 2,000
£140,000 Sales
Price £120,000 1,500
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Average House Price Sales Volume
Birmingham has a relatively high proportion of households renting from Birmingham City Council. Statistics from the Housing Strategy Statistical Appendix 2011 show that within Birmingham the number of local authority rented housing is 61,000 and Registered Social Landlord housing is 37,650 which collectively equates to 25.6% of the total housing supply or the local authority.
There is a mismatch between the existing supply of affordable housing and the location of demand. There is continued demand for affordable housing in Birmingham. The most recent City wide Strategic Housing Market Assessment (SHMA)51 found that approximately 38% of the City’s overall housing requirement is for affordable housing. The Birmingham Development Plan will help to address some of this demand.
The Birmingham Housing Plan (2010 Review) identifies that the vast majority of Birmingham’s City Council housing meets the Decent Homes standard. In the private sector, Birmingham has a substantial number of older homes that are in need of repair and modernisation. As of April 2018, the new minimum energy efficiency standard (MEES) regulations will come into action. The new standard requires landlords of privately rented domestic (PRS) and non-domestic property in England or Wales to ensure that their properties reach at minimum Energy Performance Certificate (EPC) rating of E before granting a new tenancy to new or existing tenants52. If a property does not meet EPC standard E, landlords are obligated to carry out any works under the value of £2,500 to bring the property up to standard. Special exemptions may apply, for example if the building is listed. There are clear links between the condition of housing and human health. For
50 Land Registry (2018) http://www.landregistry.gov.uk/public/house-prices-and-sales/search-the-index 51 Available at https://www.birmingham.gov.uk/downloads/download/359/strategic_housing_market_assessment_2013 [Accessed April 2018] 52
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example, research53 undertaken by Birmingham University showed that there is a clear relationship between excess winter deaths, especially of older people, cold housing and low energy efficiency.
Birmingham has benefitted from 1,944 net dwelling completions and 111 vacant dwellings being returned to use in 2016/17 which totalled over 2,00054 new dwellings being added to the housing stock. This was lower than the 2015/16 period (3,113) but higher than the four preceding years.
Historically, homeless applications in Birmingham have been twice the national average; although they are declining. There were 19,496 applicants for housing on the Local Authority Housing Register as at 01 April 2013. Increasingly, older and disabled people
Birmingham City Council understands that Trading Standards will be leading on the primary delivery and prosecution process associated with MEES. BCC’s Private Rented Services Regulation & Enforcement team have a good working relationship with the people who wish to remain in their own homes. This results in strong demand for property adaptations, and an implication of need for to build homes to ‘lifetime’ standards. There were 1,899 referrals for assistance from Birmingham City Council in 2011/12. Demand for housing still remains strong albeit that there was a fall from over 28,000 households on the register to just over 20,000 in 2015/16. The overall total as at April 2016 stood at 20,292.
Every year, housing partners across the city ensure that thousands of households who are homeless, or at high risk of homelessness, are provided with shelter and a pathway into settled accommodation. For 2015/16 this included 5,578 households assisted through the statutory homeless system as well an additional 7,824 households whose homelessness was prevented or relieved by Council delivered services or commissioned services delivered by partners. In addition, there are many other agencies active in the city who provide advice and assistance to people in housing crisis.
In 2016 Birmingham undertook a homelessness review55 which included examining the extent, nature and causes of homelessness in the City. One of the key findings from this review is that there are an estimated 20,000 households in Birmingham each year who are homeless. This study also highlighted that there are more than 20,000 households on the BCC housing register (as at April 2016) so there is significant demand for Council housing.
Birmingham still manages its own stock and, notwithstanding Right to Buy, there remain very significant areas of predominantly local authority housing. These areas are however clustered and there are indeed significant pockets of the City (e.g. Edgbaston and Sutton) where affordable housing is in lesser supply and average houses prices are the highest in the City.
Economy Birmingham’s economic prosperity was originally built on manufacturing, but changes in the 1970s and 1980s led to a massive decline in this sector. However, highly-skilled, specialist manufacturing remains important to the city. Birmingham has since developed a substantial business and financial services sector through the transformation and growth of the City Centre and has become a major employment centre drawing in workers from across the West Midlands. It is an economic cluster with a particular focus on the banking, finance and insurance and distribution, hotels and restaurants and public service sectors. Birmingham is now a major centre for business conferences.
Despite declines in manufacturing, Birmingham is still a major employment centre drawing in workers from across the West Midlands region. Table 4.7 shows the number of economically active people within
53 https://www.birmingham.ac.uk/Documents/college-social-sciences/social-policy/SPSW/Housing/2016/good-housing-better-health- 2016.pdf [Accessed April 2018] 54 All figures from 2016/17 Authority Monitoring Report [Accessed April 2018] 55 Birmingham City Council Homelessness Review 2016/17 Available at https://www.birminghambeheard.org.uk/people-1/birmingham- homelessness-prevention-strategy-2017/supporting_documents/Birmingham%20Homelessness%20Review%202016%20FINAL.pdf [Accessed April 2018]
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Birmingham, and Table 4.8 shows the number of employed residents in Birmingham by Gender and Ethnic Group.
Table 4.7 Economically Active Residents (2017)56
Great Britain Birmingham (numbers) Birmingham (%) West Midlands (%) (%)
All People 500,900 69.4 76.4 78.4 Economically active 458,900 63.6 72.4 74.9 In employment 391,500 54.3 62.4 64.0 Employees 65,900 9.1 9.7 10.6 Self employed 42,100 8.4 5.4 4.5 Unemployed
Males 275,000 76.9 82.0 83.4 Economically active 250,000 69.9 77.5 79.6 In employment 200,900 56.2 63.9 65.2 Employees 49,100 13.7 13.4 14.1 Self employed 25,000 9.1 5.5 4.6 Unemployed
Females 225,900 62.1 70.9 73.4 Economically active 208,900 57.4 67.2 70.3 In employment 190,600 52.4 60.9 62.7 Employees 16,800 4.6 6.0 7.2 Self employed 17,100 7.6 5.2 4.3 Unemployed
Table 4.8 Employed Residents in Birmingham by Gender and Ethnic Group57
2013 2014 2015 2016 2017
Number Rate Number Rate Number Rate Number Rate Number Rate
Male 228,100 66.4 236,000 68.2 240,500 68.8 256,000 72.1 250,000 69.9
Female 179,700 51.6 198,500 55.9 194,500 54.3 197,200 54.8 208,900 57.4
White 261,100 67.4 290,600 67.5 306,200 69.1 272,400 73.1 283,400 71.7
Ethnic Minority 145,300 48.1 143,900 53.4 128,700 48.8 180,800 52.8 174,700 54.0
At 63.6%, Birmingham’s employment rate is well below both the corresponding regional (72.4%) and national rate (74.9%). The female employment rate for Birmingham (57.4%) is much lower than the male rate (66.9%)
56 ONS Annual Population Survey 57 ONS Annual Population Survey
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and both are lower in Birmingham than the national averages; for women there is a 12.9 point difference from the rate for Great Britain.
Nearly a third (30.6%) of Birmingham’s working age population is economically inactive (neither working nor seeking work). This is 9.0 percentage points higher than the national rate. The female economic inactivity rate in the city is 11.3 percentage points higher than the male rate. Table 4.9 summarises economic inactivity for those aged 16-64 in Birmingham. This shows that the highest proportion of economically inactive residents are full time students (39.6%), which is 12.6 percentage points higher than the national average of 27.0%. The non-white economic inactivity rate is 39%, significantly higher than the white rate of 24%. Both rates are above the GB averages of 30% and 20% respectively.
Table 4.9 Economic Inactivity in Birmingham 20172
Great Britain Birmingham (level) Birmingham (%) West Midlands (%) (%)
Student 87,400 39.6 28.2 27.0
Looking after family/home 61,500 27.9 26.1 24.4
Temporary sick 4,300 2.0 2.3 2.1
Long-term sick 36,800 16.7 20.9 22.1
Discouraged ! ! 0.3 0.4
Retired 11,300 5.1 11.8 13.2
Other 18,500 8.4 10.5 10.8
Total Economically Inactive 220,600 30.6 23.6 21.6
Male Economic inactivity 82,700 23.1 16.6 18.0
Female Economic inactivity 137,900 37.9 26.6 29.1 93,900 23.7 20.9 20.2 White Economic inactivity 125,300 38.8 34.8 29.9 BME Economic inactivity
Birmingham has seen persistently higher levels of unemployment over the past decade, compared to the West Midlands and the UK, as can be seen from Figure 4.12.
Figure 4.12 Unemployment Rates in Birmingham, the West Midlands and the UK, 2005-2017
Source: Birmingham Labour Market Update (January 2018)
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Employment growth in the city as a whole is set to be relatively subdued over the period 2010-2025 as the economy recovers from the recession and adjusts to a decline in public sector employment. Indeed, the forecast level of employment in the city in 2025 is only just returning to the levels seen prior to the recession.
The Greater Birmingham & Solihull LEP is a partnership of businesses, local authorities and universities which supports private sector growth and job creation. It was set up to strengthen local economies, encourage economic development and enterprise, and improve skills across the region. The City Deal between the Government and the Partnership was announced in July 2012 which consists of a package of measures that are to be implemented to drive economic growth designed to exploit the area’s economic assets and address its challenges58. The first phase of the City Deal is to focus on the delivery of a range of economic benefits for the Greater Birmingham and Solihull area. These include: 10,000 additional direct jobs, building on the 40,000 created by the vanguard Enterprise Zone in Birmingham City Centre; Leveraging in over £15bn of private sector investment over 25 years from £1.5bn of public funding; A Single Settlement to cover all economic development funding; A world-class skills system which meets the needs of employers and fulfils the expectations of employees; 3,560 apprenticeships (AGE) grants to be delivered by March 2013; Improvements to employers’ perceptions of ‘work readiness’ year-on-year; In excess of 2,800 additional new homes through the use of public assets; At least 100% capital return on current market value of public assets; An Institute of Translational Medicine to respond to national unmet need, unlock growth potential in the NHS and create a portal for SMEs and international pharmaceutical companies; £35M of largely private sector clinical trial investment and £50M of free drugs; 15,000 homes refurbished delivering savings in domestic energy usage of 26 ktonnes pa of CO2 and at least 40 public buildings refurbished delivering savings in energy usage of 10 ktonnes pa of CO2; and Retrofitting to the properties of 1,500 people on pension or disability premium and 2,250 people in fuel poverty. The City Deal comprises five elements: GBS Finance; Skills; Public Assets; Life Sciences and Green Deal, each of which includes specific commitments from the LEP and Government. Progress against these will be monitored to ensure they are delivered.
Median gross weekly pay for workers in Birmingham in 2015 was £488.20. This figure is a 1.9% increase on 2014 but it is below the UK figure of £527.70 which saw a 1.8% increase from 2014. However, people who work in the city earn more than the residents (£538.70 compared to £488.20). Workplace earnings in the city are similar to the figure for the UK. The difference between resident and workplace earnings reflects Birmingham’s position as the regional capital and the large numbers of people who commute into the city to work. It also highlights that not all Birmingham residents are able to access the better paid jobs in the city.
Education and Skills The City has a substantial education sector, from early years and schools through to colleges, universities and adult education. According to the Education Services Delivery and Improvement Plan (2017/18), the City has 445 state-funded schools. In addition, there are five colleges, five universities and a thriving independent school sector. The City Council itself is a major provider of adult and community learning through its Adult Education Service. (Figure 4.13). Birmingham is one of the youngest cities in Europe with around 46% of the population aged under 30. Based on 2014 levels, by 2022 the population aged between 0 to 4 is due to grow by 3.8% to 88,1000 children; the 5 to 9 population is expected to grow by 4.5% to 84,000 but the largest growth rate in Birmingham’s children will be the 10 to 14 age group – increasing by 14.6% to 82,600. The demographic makeup of Birmingham’s young people has also changed significantly over recent years and is becoming increasingly diverse. For example, according to the 2011 census over
58 http://centreofenterprise.com/about-the-lep/key-projects-and-issue/
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60% of the under 18 population is now from a non-white British background, compared to around 44% in 2001. Approximately, 43% of Birmingham’s school children have a first language that is other than English. This equated to 38,089 pupils, which is 1.3% more than in 2014. According to the Annual Population Survey (2017), the City has a substantial education sector (Figure 4.13). The pupils and students of the City’s schools and colleges have made major improvement in educational achievement, closing the gap on national averages. The percentage of Birmingham’s population achieving NVQ Level 3 or above in 2011 was 43.5%, and this has increased to 50.4% in 2017. However, this remains marginally below the Regional average (50.8%) and significantly below the National average (57.2%). The proportion of the population educated to degree level was 31.4% compared to 31.8% regionally and 38.6% nationally. As a result, nearly half the high-skilled jobs in Birmingham are currently taken by people who live outside of the City. Figure 4.13 Nursery, Primary and Secondary Education Resources across Birmingham
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Birmingham’s 2016 GCSE results were very positive. 2016 saw the introduction of a new accountability system for schools with the new measure of Progress 8 – “the progress a pupil makes from the end of Key Stage 2 to Key Stage 4, compared with pupils nationally with similar attainment”. The national average performance is therefore zero. A positive score indicates out-performing the national average. Birmingham’s provisional result is zero, second best out of core cities.
Birmingham Adult Education Service (BAES) runs a number of adult education courses in the City and these can be undertaken in a variety of locations across the city and cover a wide variety of topics to help improve education and skills levels in the city. The Birmingham Education and Development Plan 2015-2020 includes a vision that by 2013 Birmingham will be:
‘Renowned as an enterprising, innovative and green city that has delivered sustainable growth meeting the needs of its population and strengthening its global competitiveness.’
To deliver the vision the plan includes a number of objectives including to ensure sufficient school places for young people; that additional places are provided where needed at the right time to meet needs; and to ensure young people participate fully in the school education offer and beyond into further education and training.
Worklessness and long term unemployment is a key issue for Birmingham’s residents and can lead to poor economic performance. Table 4.10 shows the total number of residents currently claiming Job Seekers Allowance (JSA). JSA is payable to people who are available for, and actively seeking work. The number of claimants steadily rose to over 50,000 in 2012 but had dropped to 30,685 by 2017. However, the claimant rate of 6.1% was higher than other cities in the UK – Newcastle was the next highest at 5.1%59.
Table 4.10 Total JSA Claimants 2007 - 201760
Birmingham (number) Birmingham (%) West Midlands (%) UK
2007 35,058 7.7 3.9 2.7
2008 35,154 7.7 4.0 2.9
2009 49,011 10.7 6.6 4.8
2010 48,074 10.5 6.2 4.7
2011 49,319 10.8 6.2 4.8
2012 50.123 11.0 6.2 5.0
2013 47,278 10.4 5.8 4.6
2014 41,955 5.9 3.7 3.0
2015 31,605 4.4 2.5 2.1
2016 29,030 4.0 2.2 1.8
2017 30,660 4.2 2.3 1.8
2018 31,405 4.3 2.5 2.0
Birmingham’s Local Centres Birmingham’s network of 73 local centres provides the focal points for much day-to-day shopping and community activity. Uses of buildings within local centres have been surveyed by Birmingham City Council
59 Figures from Birmingham Labour Market Update January 2018 60 ONS claimant count with rates and proportions and Birmingham Labour Market profile 2018.
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during 2013 and 2014 in order to help track of changes in use which can affect their vitality and require a policy response. Figure 4.14 below maps the local centres across the City.
Figure 4.14 Birmingham’s Local Centres
Source: BCC (2012) Shopping and Local Centres SPD
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Analysis of the proportion of three use classes – A3 (restaurants), A4 (pubs and drinking establishments) and A5 (hot food takeaways) – which are likely to be a particular focus for policy, reveals significant variation across centres, and some disproportionately high occurrences above the mean of 17.34% (Figure 4.15). The significance of some of these relatively high proportions of A3/A4/A5 uses in terms of their relationship to issues such as health is unproven. Section 4.6.8 below explores the spatial pattern of health across Birmingham.
Figure 4.15 Proportion of Use Classes A3, A4 and A5 by centre and total units 50 300
45
250 Generis
40 Sui
& 35
200 A5 Uses ‐
A5 30
&
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25 150 A3,
A1 properties of
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5
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Culture/Sport/Recreation
Birmingham is internationally known for sports and exhibitions, with well-known venues including the National Indoor Arena and the National Exhibition Centre. Developments in arts, sports and leisure have played a key part in the City’s renaissance over the past twenty years. Birmingham has many strengths including world-class performance, arts, sports and exhibition facilities, and internationally recognised companies of cultural excellence. Many of these facilities are located in the City Centre, including the
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International Convention Centre; Birmingham Symphony Hall, home of Birmingham Symphony Orchestra, the National Indoor Arena, a major concert and sporting venue; Birmingham Hippodrome; Birmingham Royal Ballet and Birmingham Museum & Art Gallery. These are complemented by smaller venues such as the IKON Gallery, Jam House and Electric Cinema.
The proportion of leisure development that has taken place in centres has varied considerably year on year, and there appears to be no clear trend or pattern. This is probably in part due to the fact that there are various types of leisure development and some (e.g. sports facilities associated with playing fields or pitches), would not necessarily be expected to be located in centres. The relatively high proportion of out-of-centre leisure development overall since 1991 (61%) is skewed by a small number of very large developments, such as ‘Star City’ (Nechells), Birmingham Great Park and Longbridge which were committed before the current national planning policy guidance came into effect. There has also been a significant amount of leisure development based around existing sports facilities in out-of-centre locations. During 2010/11 88% was built out-of-centre including an indoor sports arena at the Tenby building, Great King Street (Aston). Also out-of- centre, but under construction, included the erection of a 5,000 seat stand at the Alexander Stadium in Perry Barr. Birmingham will host the 2020 Commonwealth Games which will prompt a significant amount of construction activity.
Investment in new hotels continues e.g. the Radisson and Etap. Other recent leisure developments in the City Centre include Millennium Point and the Five Ways Leisure complex. A significant amount of leisure development that has taken place in Birmingham since 1991 has been tourism related, for example, the National Sea Life Centre and Millennium Point. The number of overseas visitors to the City has increased from 520,000 in 2000, to 713,000 in 2012 and 1,110,000 in 201561. Birmingham is now the fourth most popular destination in the UK among overseas residents after London, Edinburgh and Manchester. Birmingham welcomed the highest number of visitors on record in 2016, with tourist numbers reaching 39 million, and tourism revenue hitting an all-time high of £6.5 billion.
Culture and leisure facilities both attract people to Birmingham and serve local residents. According to the Community Strategy, surveys show that 45% of Birmingham residents had been to the theatre or a concert in the city in the last year, while 36% had visited a museum or gallery.
Community Involvement
Community involvement can be measured by a number of indicators, including election turnout. Table 4.11 shows the election turnout in Birmingham for the 2017 General Election by constituency. It can be seen that the turnout varies between some of the different constituencies.
Table 4.11 General Election Turnout in Birmingham for the 2017 General Election
Constituency % Turnout
Sutton Coldfield 70.06
Hall Green 69.63
Selly Oak 66.05
Edgbaston 64.21
Perry Barr 63.28
Northfield 61.53
Hodge Hill 61.50
Yardley 61.46
61 Source: http://birminghamtoolkit.com/files/downloads/VisitorEconomyHeadlines2016withupdatedSTEAMfigures.pdf
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Constituency % Turnout
Ladywood 59.21
Erdington 57.37
Source: https://www.birmingham.gov.uk/info/20097/elections_and_voting/1273/parliamentary_general_election_results_june_2017/5 Erdington constituency had the lowest turnout, which was the third lowest turnout in the UK. Conversely, Sutton Coldfield had the highest turnout, but this was only the 217th highest turnout in the UK.
One important aspect of community involvement is the extent to which people feel involved in the development of their local area. As part of the Government’s Big Society, new legislation has been introduced to encourage local people to have more say in how their area looks. Neighbourhood Planning is a process by which communities can come together and prepare land use plans that will guide the type of developments they would wish to see in their area.
The Sustainable Community Strategy indicates that in 2006, 40% of people agreed that they can influence decisions that affect their local area, an improvement of 22% from 2004. Furthermore, the Birmingham Community Strategy (Strategic Assessment Update November 2006) found over half those asked felt that people together can influence decisions in their constituency (most apparent in areas of Ladywood and Sparkbrook), compared to just over a quarter who felt that people collectively had little or no influence (most apparent in Perry Barr and Selly Oak).
Equality
Birmingham’s residents are from a range of national, ethnic and religious backgrounds, as Birmingham is one of the most ethnically diverse cities in Europe. Table 4.12 summarises the proportion of the main ethnic groups present. Almost 10% are Pakistani, with the next largest groups being Indian and Black Caribbean. Between 1991 and 2001, the Black and Minority Ethnic (BME) population increased, particularly the Pakistani and Bangladeshi groups. BME groups are mainly concentrated in the inner parts of the City. BME groups vary in terms of housing, the labour market, health and age structure. Most established BME groups are growing through natural change and immigration. Since 2001 the city has attracted migrants from a widening range of countries, including Eastern Europe, Africa and the Middle East.
Table 4.12 Largest Ethnic Groups in Birmingham and England, 2010
Ethnic Group % of Population % of Population Birmingham England
White British 63.3 82.8
Pakistani 9.7 1.9
Indian 5.8 2.7
Black Caribbean 4.0 1.2
White Irish 2.1 1.1
White Other 2.6 3.6
Mixed Groups 3.2 1.8
Bangladeshi 2.5 0.7
All other groups 6.8 4.1
Source: Experimental Estimates, National Statistics, Crown Copyright 2010
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Birmingham has a fairly youthful population. Approximately 46% of residents are younger than 30, compared with the national (England) average of 38%62.
Inequalities are reflected in statistics relating to people without a car. Birmingham has a relatively high percentage of households without a car, 38%, compared to the English average of 27% The percentages without a car are high in the inner parts of the city and in some more peripheral areas. About two thirds of those in social-rented housing live in households without a car, as do nearly half of unemployed people and those not working because of long term sickness or disability. Percentages are particularly high among households containing lone pensioners and lone parents. Percentages are also high among Black, Bangladeshi and White Irish households.
Work undertaken for the West Midlands Local Transport Plan showed that there is generally good accessibility in most places at most times for the 33.7% (2001) of households without a car, due to the extensive bus network. However, two particular problems were identified with access for unemployed people to attend job interviews and with access to major NHS hospitals by public transport.
Further detail on equality has been covered in the section on Economy and Equality.
Health
Information on health for Birmingham can be found in the NHS Health Profile for the area 201763, which gives a snapshot of health in Birmingham. According to the NHS, life expectancy in Birmingham for males is 77.1 years which is ‘significantly worse’ when compared to an average across England of 79.5 years. Furthermore, life expectancy for females is 81.9 years compared to an average across England of 83.1 years.
Adults in Birmingham are less likely than average to follow healthy eating guidelines, but the proportion of obese adults is not vastly different to the England average. A survey undertaken by Sport England64 reveals that there is a low rate of participation in sport and other physical activity in Birmingham compared with other local authorities within the West Midlands. The 2017 health profile reflects this trend with the percentage of physically active adults lower (51.1%) than the national average (57%).
Teenage pregnancy rates are ‘significantly worse’ for Birmingham (47.4 per 1,000) than the England average (38.1 per 1,000). Binge drinking is lower than the England average; however, hospital stays for alcohol- related harm were ‘significantly worse’ in Birmingham for 2017 with 6,786 per 100,000 rate of admission episodes for alcohol attributable conditions compared to the national average of 1,16365. Rates of sexually transmitted infections are better than the England average. The incidence of malignant melanoma is lower than average (2017). Estimated levels of adult 'healthy eating' and obesity are worse than the England average.
People in routine and manual occupations have poorer health than those in more highly-skilled jobs, and these people are also more likely to smoke. The infant death rate is greater than the England average in this group. Birmingham has a higher than average number of people working in lower grade jobs such as process plant and machine operatives than in the rest of the West Midlands and England.
Local health priorities for Birmingham include childhood obesity, statutory homelessness and reducing the numbers of vulnerable children and adults
62 Source: Mid Year Population Estimates, ONS
63 Available at http://fingertipsreports.phe.org.uk/health-profiles/2017/e08000025.pdf [Accessed April 2018) 64 http://www.sportengland.org/research/active_people_survey/active_people_survey_2/regional_results.aspx 65 Public Health Organisations (2017) Hospital stays for alcohol related harm from 2017 Birmingham Health Profile
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Poverty According to the Index of Deprivation, in 2015 about 40% of Birmingham’s residents lived in areas that were in the most deprived 10% in England. Concentrations are very high in wards to the east, north and west of the City Centre and also in the Tyburn and Kingstanding Wards to the north of the M6 motorway (Figure 4.16). In 2014 (the most recent figures available) the proportion of child living in poor households in Birmingham was 32.9%, compared to 20.3% for England and 20% for the UK.66
In Birmingham there are over 100,000 children living in poverty, the equivalent of 37% of all children in the city (after housing costs). Nearly half of Birmingham’s children live in the 10% most deprived areas in the country – with nearly 8,000 living in the 1% most deprived areas. Birmingham Ladywood Constituency has the third highest level of child poverty in the UK among parliamentary constituencies with 47% of children living in poverty after housing costs47.
Figure 4.16 Index of Multiple Deprivation 2015
66 https://www.gov.uk/government/statistics/personal-tax-credits-children-in-low-income-families-local-measure-2014-snapshot-as-at- 31-august-2014-30-september-2016
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Data from the Public Health Profile67 for Birmingham from 2017 shows that over 50% of residents live in neighbourhoods classed as some of the most deprived (based on IMD classifications) compared to the average for England of 20%. In consequence, less than 10% of residents in Birmingham live in neighbourhoods classed as the least deprived.
As noted above, well planned GI can give access to high quality green spaces that will provide opportunities for better health and well-being. Figure 4.17 illustrates the distribution of green spaces, by type, across the City. Further information on health in Birmingham can be found in the Department of Health Birmingham Health Profile 201768.
Figure 4.17 Green Spaces Across Birmingham
67 Available from http://fingertipsreports.phe.org.uk/health-profiles/2017/e08000025.pdf [Accessed April 2017] 68Department of Health Birmingham Health Profile 2017 http://fingertipsreports.phe.org.uk/health-profiles/2017/e08000025.pdf
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Crime
Burglary crime in Birmingham was declining between 2011 and 2015, however the most recent data from 2016 indicates that crime is on the rise. The total Birmingham crime rate for 2014-2016 is 205 crimes per 1000 people. This is notably much lower than other cities of a similar size: the crime rate in Manchester – the next largest UK city after Birmingham – is 87% higher, at 384 crimes per 1000 people. Antisocial is the most reported crime in Birmingham, followed by violent crime, which is 40% higher than the national average. Crime and safety remain a concern of local people, however Birmingham City Council’s Performance Plan69 feedback indicates that 95% of Birmingham residents surveyed say they feel safe during the day. The Birmingham Community Safety Partnership’s 2012 annual report reveals that the city is making good progress to reducing serious violence among 10-19 year olds, with a 19.3% reduction.
More recent figures show that Burglary crime whilst fluctuating has increased with 7,625 victims of Burglary reported for the 12 months ending 30th September 2017. Robbery has also increased with 3.647 incidents for the 12 months ending 30th September, compared with 3165 for the equivalent period in 2016. Shoplifting offences fell slightly, whilst violent offences have been steadily increasing, alongside possession of weapons offences. This is also reflected in the total crimes recorded in Birmingham which has been steadily increasing and stood at 96,99270 for the 12 months ending 30th September 2017. In the month of February 2018, West Mercia police had recorded 10 street crimes in Birmingham and this included 3 violent offences, 1 incident of shoplifting and 2 other thefts.
Vehicle crime is a notably bigger problem in Birmingham than other cities. Although making up just 10% of total crime recorded in Birmingham in 2016 the city had the fourth highest amount of vehicle crime over the period in the country with 22 recorded incidents per 1,000 people which was 145%71 higher than the national average.
Figures from the Birmingham Community Safety Partnership in 2005 showed that there are certain areas in Birmingham which have higher burglary rates than elsewhere in Birmingham, notably Erdington Ward, Lozells in Perry Barr, Bournbrook Student Area in Selly Oak, Frankley and Rubery in Northfield, and Brandwood and Billesley Ward Boundary in Hall Green. The number of robberies and muggings in Birmingham tends to fluctuate (as demonstrated by the more up to date statistics provided above), but there were higher rates in the following four areas than in other areas in Birmingham: Nechells Parkway in Ladywood District, Soho Road Lozells and Aston in Ladywood and Perry Barr Districts; the city centre; Coventry Road on the Ladywood, Bordesley Green and Yardley Border. Noise
Levels of noise pollution are problems in certain parts of the city according to the Sustainable Community Strategy72. Surveys have shown that one in eight residents are concerned about noise, and the Council receives over 3,000 complaints about noise a year. Traffic is one of the principal sources of this noise. Birmingham has pioneered ‘noise mapping’ to help manage the problem.
Influence of the DM DPD on Population and Human Health
The influence of the DM DPD on population and human health could make a significant difference in respect of certain measures such as changes in the use of buildings in local centres. Here, for example, changes to hot food takeaways could be carefully monitored in order to gauge their potential impact on the character of the locality, health indicators and vulnerable groups such as children. Individual approaches to specific
69 Source: http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Policy-and- Delivery%2FPageLayout&cid=1223092613434&pagename=BCC%2FCommon%2FWrapper%2FWrapper 70 All crime statistics from https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/datasets/recordedcrimedataatcommunitysafetypartnershiploc alauthoritylevel [Accessed April 2018] 71 https://www.verisure.co.uk/advice-and-help/crime-statistics/birmingham-crime-statistics 72 https://www.birmingham.gov.uk/downloads/file/1543/strat1_sustainable_community_strategy_birmingham_2026_2008pdf
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service centres may be required to take account of special circumstances including their size, economic health and proximity to specific receptors such as schools. More widely, the role of Green Infrastructure in promoting health and well-being needs to be recognised and planned for.
Water & Air Quality
The State of Birmingham’s Rivers The BCC SPD on sustainable management of rivers and floodplains73 summarises the key issues relating to the state of the City’s rivers:
Parts of the river system are in a poor ecological state; Parts of the river system are inaccessible over much of their length and are of poor amenity value to the local community;
Fly tipping of domestic and commercial waste; Beneath Birmingham, groundwater is rising, bringing with it contaminants that have previously remained in the ground;
Wildlife habitats in the rivers and at the banksides have been badly damaged; During storms pollution flushes into the river, causing a loss of oxygen and killing fish; and There are increasing development pressures on bank-side locations.
Across the Humber River Basin74 as a whole, despite recent progress, a range of challenges still remain, which will need to be addressed to secure the predicted outcomes. They include:
Physical modifications - affecting 42% of water bodies; Pollution from waste water – affecting 38% of water bodies; Pollution from towns, cities and transport - affecting 16% of water bodies; Changes to the natural flow and level of water - affecting 6% of water bodies; Negative effects of invasive non-native species - affecting <1% of water bodies; Pollution from rural areas - affecting 32% of water bodies; and Pollution from abandoned mines - affecting 4% of water bodies.
Reservoirs and Canals
Birmingham has 22 reservoirs as defined under the Reservoir Act 1975 of which 11 large raised reservoirs are the responsibility of Birmingham City Council. The remaining reservoirs are the responsibility of a variety of organisations including Environment Agency (3), Severn Trent Water (5), British Waterways (1) and private companies (2). Of these, two reservoirs are used for drinking water supply and one, a canal feed reservoir at Edgbaston.
73https://www.birmingham.gov.uk/downloads/file/1166/sustainable_management_of_urban_rivers_and_floodplains_supplementary_plann ing_document
74 Environment Agency (2016) Humber River Basin Management Plan
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Birmingham has an extensive network of canals, the exact length depends on where you draw the city boundaries, but the whole Birmingham Canal Navigations system extends for approximately 160 miles in total. It is one of the most intricate canal networks in the world. These waterways converge in the city centre at Gas Street Basin. The canals within Birmingham include:
Birmingham & Fazeley Canal; Birmingham Canal Main Line; Birmingham Canal Old Main Line; Grand Union Canal; Tame Valley Canal; Worcester and Birmingham Canal; and Stratford-upon-Avon Canal.
Air The whole of Birmingham was declared as an Air Quality Management Area (AQMA) in 2003. The main pollutant is nitrogen dioxide, the primary sources of which are transport and industrial combustion processes.
The transportation sector is a major contributor to the emissions of nitrogen oxides across the city, but there has been a slight decrease in the traffic contribution over the last few years according to the Air Quality Action Plan. The City’s principal road network is illustrated in Figure 4.18 and shows the distinct presence of motorways to the north of the City and their influence, along with the City Centre, on NO2 concentrations (Figure 4.19). The overall number of morning rush hour car trips into Birmingham City Centre has declined by around one third over the period 1999 – 2011 (AMR, 2013), replaced by an increase in rail trips by one third (18,987 to 27,674) and a doubling of tram trips (998 to 1,687).
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Figure 4.18 Birmingham’s Transportation Network
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Figure 4.19 Modelled N02 Concentrations across Birmingham 201675
Influence of the DM DPD on Water and Air Quality The influence of the DM DPD on water and air quality is likely to be both direct and indirect, short and longer term, and potentially cumulative reflecting the impact of multiple developments over a long timescale. Through the application of the supporting criteria to the policies and appropriate conditions, negative effects should be avoided and where appropriate mitigated. However, monitoring of developments will be required to determine net effects. A specific issue relates to the increased volume of waste water and sewage effluent
75 Birmingham City Council (2017) 2016 Air Quality Annual Status Report (ASR)
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associated with City’s growth proposals will need to be treated to a high enough standard to ensure that there is no detriment in the quality of the watercourses receiving this discharge. Given the dispersed nature of the proposed development, it is likely that there will be a requirement for widespread upgrading of the sewerage pipe network throughout the City. Policy will need to ensure that the sewerage system has adequate capacity to manage any additional flows.
Cultural Heritage
Built and Historic Environment Birmingham has a wide variety of distinctive historic townscapes, buildings and landscapes. The extent of the City’s historic resource is summarised in Table 4.13 and mapped in Figure 4.20.
Table 4.13 Birmingham’s Historic Built Environment
Heritage Asset Number Area (Hectares)
Scheduled Ancient Monuments 14 528.72
Statutorily Listed Buildings 1,486 369.98
Locally Listed Buildings 444 176.06
Conservation Areas 30 1,223.22
Registered Parks and Gardens 14 1,183.44
Length (Kilometres)
Canals - 57.4
Source: Birmingham City Council, AMR (2015)
There are currently 30 Conservation Areas in Birmingham, which account for 4% of the land area of the City including five within the City Centre. Some Conservation Areas, such as the Jewellery Quarter and Bourneville, are unique and are nationally recognised. Birmingham also has nearly 1,500 statutorily listed buildings and 14 registered parks and gardens of special historic interest. The City Council applied to the United National, Educational, Scientific and Cultural Organisation for ‘World Heritage Site’ status in 2011 for the Jewellery Quarter. The City’s Listed Buildings range in date from mediaeval churches and houses to important examples of twentieth century architecture. Birmingham also has an extensive network of historic canals, reflecting its key role during the Industrial Revolution in the eighteenth and nineteenth centuries.
The City’s archaeological resource is surprisingly varied for such a major urban area. Some remains are recognised as being of national importance, and are protected by scheduling. Known remains range in date from prehistoric earthworks to nineteenth and twentieth century industrial buildings and structures. The Historic Environment Record maintained by the City Council includes details of all known archaeological remains within the City. These now total almost 5,525 records which has increased from 5,445 from 2012. Historic Landscape Characterisation of the City commenced in 2011 with 4,141 polygons captured. Environmental improvements by the City Council during the late 1980s and early 1990s, such as the development of the ICC and Centenary Square, Victoria Square and the pedestrianisation of New Street, have improved the overall quality of the environment within the City Centre. There have been notable successes in relation to improving the quality of design and the environment, particularly in the city centre. This was recognised by the award to the city of the RTPI Silver Jubilee Cup in 2004. Birmingham also won the European City of the Future Award at the European Property Awards in Munich in 2005.
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Figure 4.20 Birmingham’s Heritage Assets
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There are a number of challenges and opportunities facing Birmingham’s historic environment including the condition of its designated and non-designated heritage assets, the continuing programme of townscape and public realm improvements, pressure on the skyline and its cultural identity and distinctiveness.
There are 26 entries on Historic England’s ‘at risk’ register for Birmingham76 and these include a number of churches, the Grand Hotel on Colmore Row, the public baths in Moseley, the Red Lion pub on Soho Road, several conservation areas, former school of art on Moseley road, and Perrott’s Folly. The condition of these historic assets on the register varies, for example Icknield Street School is classed as category A i.e. at immediate risk of further rapid deterioration, as are the public baths on Moseley Road, the Red Lion pub on Soho pub is category C so in slow decay but not in any immediate risk of rapid deterioration and Austin Village Conservation Area is in very bad condition and is deteriorating significantly. Some of these are in the process of being repaired or have plans in place for repair whilst others are at risk, for example the vacant British Rail goods office.
Birmingham’s Heritage Strategy77 2014-19 has four key aims:
Preservation – including ensuring heritage is properly considered in the planning process, supporting the Heritage Champion and improving the sustainability of heritage programmes and projects;
Prioritisation – including working with the Heritage Strategy Group to bring forward projects, including in local districts, to co-ordinate bidding for funds and planning for major anniversaries and city events;
People – including participation, engagement volunteering, celebrating local heritage and identity and supporting Districts to engage with heritage in neighbourhoods; and
Promotion – including building a better story around our heritage and improving our marketing of heritage assets.
The strategy notes that given reductions in funding available that partnership working will be important going forward for Birmingham’s historic environment. The strategy also notes Community Infrastructure Levy (CIL) will be important for providing funding for the historic environment and also the Heritage Lotter Fund (HLF). HLF has identified a number of priority areas in the city which have received less funding than other parts of the region. These are:
Perry Barr;
Oscott;
Lozells & East Handsworth;
Aston;
Soho;
Ladywood; and
Nechells.
There is a continuing programme of townscape and public realm improvements in Birmingham which presents opportunities for historic environment improvements. One of the big City Centre development
76 https://historicengland.org.uk/advice/heritage-at-risk/search-register/results?q=birmingham&searchtype=har&page=2 [Accessed July 2018] 77 Birmingham Heritage Strategy 2014-2019 Available at https://www.birmingham.gov.uk/downloads/file/2008/exam_30_birmingham_heritage_strategy_2014-2019 [Accessed July 2018]
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schemes currently ongoing is the paradise area between the museum and art gallery and the library. Paradise is to be transformed into a vibrant mixed use development of commercial, civic, retail, leisure and hotel space, providing major improvements to pedestrian access and greatly enhanced public realm befitting this exemplary historic setting. There are also masterplans for developments in other parts of the City Centre including around Snowhill.
In 2017 Historic England published an updated edition of Streets for all which is a practical guide for anyone involved in planning and implementing highways and public realm works in sensitive historic locations. A supplementary document was then published in the context of the West Midlands78. This document explains how historic character adds value to the region’s contemporary public realm and summarises some of the priorities and opportunities for further improvements to the West Midland’s streetscapes.
This supplementary document notes that through support by the Greater Birmingham and Solihull Local Economic Partnership, Birmingham is now in the top three spenders on public realm nationally. This level of spending has helped to deliver a number of public realm improvements across the City.
Natural Landscape Although much of Birmingham is built up, there is a significant amount of open land within the City (Table 4.14).
Table 4.14 The Natural Environment and Open Space
Open Space Category Area (ha) % of City Council Area
Sites of Special Scientific Interest 896.59 3.35
National Nature Reserves 811.73 3.03
Local Nature Reserves 316.73 1.16
Sites of Importance for Nature Conservation 828.03 3.09
Sites of Local Importance for Nature Conservation 698.98 2.62
Public Open Space 3,069.77 11.46
Public Playing Fields 296.9 1.11
Private Playing Fields 268.11 1.0
Private Open Space 67.19 0.25
Educational Playing Fields 166.33 0.62
Golf Courses 657.78 2.46
Statutory Common Land 11.25 0.04
Allotments 243.8 0.91
Green Belt 4,154.77 15.52 Source: Birmingham City Council, AMR (2015)
Landscape character is a key contributor to regional and local identity, influencing sense of place, shaping the settings of people’s lives and providing a critical stimulus to their engagement with the natural environment. The National Character Areas (NCAs) provide a description of landscape character across
78 https://content.historicengland.org.uk/images-books/publications/streets-for-all-west-midlands/heag149h-sfa-west-midlands.pdf/
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England79. These are used by Natural England to provide a context for monitoring landscape change through the Countryside Quality Counts (CQC) project80. Birmingham falls within two NCAs, Arden to the south and Cannock Chase and Cank Wood to the north. The part of the City which lies within Arden is almost entirely urbanised. The wider landscape to the south is characterised by a farmed woodland landscape of rolling landform with narrow meandering river valleys.
The National Character Area description relevant to Birmingham states:
“Birmingham has a clearly-defined concentric pattern of development. Much of the landscape is dominated by 19th and 20th century housing, the former in characteristic red brick. Canals, parks, golf courses and the river corridor form the main open spaces, with a substantial parkland area around the University at Edgbaston and some low-density garden suburbs like Bourneville. Enclosed within the urban area are fragments of older landscapes like Castle Bromwich Park81.”
The change in landscape character in the period 1998-2003 is described in the CQC assessment as:
“...development pressure continues to be evident throughout the area, with evidence of expansion around many major settlements such as Nuneaton, Coventry, Bromsgrove and Redditch, and expansion of major roads such as the M6 toll9.”
The northern part of the city lies within the Cannock Chase and Cank Wood NCA. Relevant extracts from the JCA are set out below:
“Cannock Chase and Cank Wood is a landscape dominated by its history as a former forest and chase and by the presence at its centre of the South Staffordshire Coalfield. It forms an area of higher ground, with the towns and large villages of the Black Country rising out of the lowlands of Shropshire and Staffordshire to the west. In the south it merges with Birmingham and Arden. 9% of the area is woodland, 45% is urban and 9% lies within Cannock Chase AONB. Part of the area lies within the Forest of Mercia (Community Forest) and the Black Country Urban Forest. To the north of Birmingham and west of West Bromwich there are many more areas of open land, primarily in agricultural use, but with a large historic park at Sutton Park and with fragments of heathland, such as Barr Beacon. There are medium-sized fields, generally with good quality hedgerows, patches of ancient enclosure fields and areas of semi-natural vegetation including acid grassland, pools, fens and fragments of ancient woodland. Narrow, hedged lanes are often present and there is a real feeling of countryside despite the nearness of the built-up area82.”
The change in landscape character is characterised in the CQC assessment as:
“High rate of change to urban (JCA ranked 11th nationally); 46% of JCA is within greenbelt. Marked expansion of fringe into peri-urban around Cannock, Lichfield, Burntwood and Norton Canes. Also development of M6 Toll has had major impact. Character of the area continues to be transformed.”
Approximately 15% of Birmingham’s land area is designated as Green Belt which lies within the Cannock Chase and Cank Wood JCA. This includes all the open countryside within the City’s boundary, as well as other areas extending into the City, for example along river valleys. There are also areas of open space within the built-up areas of the City, such as parks and playing fields, nature reserves and allotments.
Influence of the DM DPD on Cultural Heritage Development Management policies potentially have a significant influence over cultural heritage assets, emphasising the importance of clear policy, application of suitable conditions and monitoring of impacts to mitigate potential negative impacts.
79 http://publications.naturalengland.org.uk/category/587130 80 http://www.countryside.gov.uk/LAR/Landscape/CC/cqc.asp 81 Source: http://www.naturalengland.org.uk/Images/jca097-arden_tcm2-21191_tcm6-5424.pdf 82 Source: http://www.farmsteadstoolkit.co.uk/downloads/jca/JCA%2067.pdf
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Appendix C Consultation Responses on the Scoping Report update (August 2018) and the Council’s Response
Ref Consultee Consultee Response Summary Response/ Action
1 Natural General Comments England We understand that due to the delayed adoption of the Birmingham Comments are noted. No Development Plan (adopted January 2017), work on this DPD has been action taken. put on hold and re-started this year. We also understand that Natural England provided comments on the 2014 SA Scoping Report in correspondence to you dated 22 January 2015.
Specifically, we support and welcome the updating of this report in Comments are noted. No respect of the main changes (as acknowledged by your authority): action taken. - Updates to the evidence base (where required); - Updated DPD objectives (which are now the same as the BDP objectives); and - Updated review of policies and programmes.
Natural Scope of the Proposed Assessment England We welcome the reference to the need for a Habitat Regulations Comments are noted. No Assessment and confirm that a HRA will be required to ascertain if any action taken. likely significant effects on any European site as a result of the Plan’s implementation (either on its own or ‘in combination’ with other plans or projects) will occur and, if so, whether these effects will result in any adverse effects on the site’s integrity.
Where the possibility of significant effects cannot be excluded, a more Comments are noted. No detailed Appropriate Assessment (AA) is carried out to determine action taken. whether those effects would adversely affect the integrity of European sites.
We welcome the comprehensive list of Plans, Programmes and Comments are noted. No Strategies relevant to the SA/SEA of the DM DPD at Table 3.1. Natural action taken. The plans and England has not reviewed the plans listed. However, we advise that the programmes listed are following types of plans relating to the natural environment should be considered to be considered where applicable to your plan area: comprehensive. Green Infrastructure Strategies Biodiversity Plans Rights of Way Improvement Plans Shoreline Management Plans Coastal Access Plans River Basin Management Plans AONB and National Park Management Plans Relevant Landscape Plans and Strategies.
Natural Main Issues Identified England We welcome and generally agree with the key sustainability issues for Comments are noted. No Birmingham as detailed at Table 4.1. action taken.
Proposed Objectives and Guide Questions NE notes that that only one guide question relates to biodiversity – i.e. This comment has been ‘Will development protect and where possible enhance the City’s cultural actioned accordingly. and natural heritage?’ – In this regard, we recommend the strengthening of the need for restoration or enhancement of biodiversity in line with National Planning Policy Framework. Table 6.3 – Compatibility between the Sustainability Objectives and the Positive benefits on these Draft DM DPD Objectives objectives have now been NE advises that effective and inventive application of Policy ENV4 (‘To noted via positive scores in encourage high quality development which protects and enhances this table. Birmingham’s cultural and natural heritage’) can also lever in positive benefits towards ‘education’ and ‘sustainable connectivity’ Plan
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Objectives via adoption of a multi-functional green infrastructure approach.
Natural Objectives Covering the Breadth of Issues Appropriate for England Assessing the Effects Comments are noted. No Generally, yes. We welcome in particular the positive correlations made action taken. between effective green infrastructure and human health. Objective ENV4 amended to: Ecological connectivity: There is a risk that in some situations, “To encourage high quality development on land of limited biodiversity value in its own right can lead development which protects to the creation of islands of biodiversity, permanently severed from other and enhances Birmingham’s areas. We thus suggest adding ‘Ensure current ecological networks are cultural and natural heritage, not compromised, and future improvements in habitat connectivity are including resilient ecological not prejudiced’. networks able to meet the demands of current and future pressures.”
2 Environment Evidence Base Agency The updated scoping report incorporates our previous comments from Comments are noted. No 2015. The most up to date evidence base should be used going forward action taken. for this assessment. Comments are noted. No The Birmingham Level 1 & Level 2 SFRA’s were completed in 2012 and action taken – the Council will these should be updated to take into account the most accurate flood consider updates to the risk information and the updated climate change allowances (published SFRA’s as part of the in February 2016). evidence base work in support of this DPD.
Environment Aims and Objectives Agency Section 1.3 ‘Aims and Objectives’ does not include any reference to For continuity, the Aims and flood risk. The second to last bullet point states to ‘enhance Objectives are drawn from the Birmingham’s natural environment’ but there should be a wording to Birmingham Plan. These will ensure flood risk is not increased and reduced at every possibility. be reviewed as part of future plan review.
Environment Flood Risk Baseline Agency In this section ‘Managing and Reducing Flood Risk’, the figures used More recent data has now relate to 2012/13 and 2013/14. We consider this section should refer to been included in this section. the most up to date data available which is most likely to be more representative. Reference to more recent flooding events has been We assume the ‘Historic Flood Risk’ section on page 41 includes all added in this section. flooding events to have occurred in Birmingham? We consider this should be updated with the most recent flooding events as it currently it goes up September 2008 and there have been a number of flooding events since then.
Environment Groundwater and Contaminated Land Agency From a Ground Water and Contaminated Land perspective there are no Comments are noted. No additional detailed comments to make on the updated Scoping Report. action taken. However we would re-iterate our comments made in 2014 regarding land contamination issues.
Land contamination can be a significant source of water pollution in the Comments are noted. No environment. In the worst cases pollution plumes can extend many action taken. kilometres and can also cause pollution that impacts on boreholes used for Public Water Supply or impact the quality of ecology in linked surface waters.
The plan should seek to protect water quality through the various Comments are noted. No regulatory and advisory mechanisms with respect to land contamination. action taken. The aim should strongly encourage voluntary remediation or remediation of land contamination through the planning regime.
The plan should encourages the use of sustainable and effective Comments are noted. No remedial measures to prevent or address water pollution from sites action taken. affected by contamination and so provide a better environment and amenity value. This includes the sustainable recycling of water and soils where appropriate. However, these operations must not result in an
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unacceptable release to groundwater and must where necessary have appropriate permits and controls. Comments are noted. No Sustainable remediation should seek to manage unacceptable risks to action taken. human health and the environment (including groundwater), while optimising the environmental, economic and social impacts. Sustainable remediation appraisal requires consideration of a wide range of environmental, social and economic factors, including, for example, climate change impacts such as greenhouse gas emission from the remedial works or the site itself, worker safety and cost. Comments are noted. No The concept that a site should be ‘suitable for use’ should underlie the action taken. approach to remediation of historic contamination. This means suitable for the environment as a whole, not just for use by people. Protecting surface water and groundwater may mean carrying out work over and above that required to make the land suitable for the proposed development and to protect human health. Comments are noted. No We would also strongly recommend that strategies promote risk based action taken. assessment methodology and good practice promoted through use of the framework, tools and supplementary guidance set out in Model procedures for the management of land contamination (Contaminated land report 11) (Environment Agency and Defra 2004). Comments are noted. No Management of Contaminated Land by application of the well- action taken. established principles and practices outlined above will help both the Local Authorities and the Environment Agency deliver its obligations to reduce diffuse urban pollution required by virtue of the Water Framework Directive.
3 Historic Executive Summary England In the Executive Summary can you please change reference from This change has been English Heritage to Historic England. actioned accordingly.
Historic Section 3 Plans and Programmes Review England You may wish to add: These have been added to the The Government’s Heritage Statement, 2017. plans and programmes review https://www.gov.uk/government/publications/the-heritage-statement- accordingly. 2017
Protecting the past – informing the present. Birmingham’s’ Heritage Strategy 2014-2019 https://www.birmingham.gov.uk/downloads/file/2008/exam_30_birmingh am_heritage_strategy_2014-2019
Historic Section 4 Key Sustainability Issues England At present the Report sets out what the City’s designated heritage assets The historic environment area with a brief commentary but doesn’t really set out the challenges section of the baseline has and opportunities (the issues) facing Birmingham’s historic environment been updated accordingly. such as the condition of its designated and non-designated heritage assets; the continuing programme of townscape and public realm improvements; the pressure on its skyline and its cultural identity and distinctiveness. Where do the risks lie? Birmingham’s Heritage strategy (see above) may be a useful source.
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Appendix D Consultation Responses on the Scoping Report (2014) and the Council’s Response
Consultee: English Heritage “It appears an appropriately focussed proposal, proportionate and streamlined to the role of the Plan and as such I have no concerns. However, you may wish to apply the same or similar indicators as those that will monitor the HE policy in the B’ham Plan and in particular re the city’s heritage assets formerly ‘at risk’. For information, EH has prepared specific guidance for the preparation of SA in relation to historic environment. It may be worth referring this to AMEC to consider and apply during work on the SA and the environmental report.”
Consultee: Environment Agency
Comment Response
Executive Summary Noted We support the inclusion of environmental issues identified as Key Sustainability Issues for the city of Birmingham (pages vi-ix).
We note the issue of water resources is raised in Theme 1; Resource Use, however Reference to foul recommend that another key theme relating to water sustainability is the timely provision of drainage added to foul drainage infrastructure to support the proposed level of growth. The city’s transmission Theme 1 infrastructure is currently undersized to accommodate the increase in loading that will go hand in hand with the level of development proposed and the SA should ensure this is addressed through the DM DPD.
We welcome the consideration of both climate change adaption and mitigation (Themes 2, Flood risk 9 and 10). We question however whether Theme 10 should be relabeled as Flood Risk as separated out this is the only issue identified in relation to the management of climate change. We under Theme 10 question whether there are other climate change related issues that should be incorporated under this heading relating to health, wellbeing, biodiversity and infrastructure provision Links made to other (see section 4.4.1: Climate Change page 23). The issue of flood risk could be separated out climate change under its own heading as it is an issue in its own right as the issues are not wholly resulting issues. from the impacts of climate change.
Theme 8: The efficient use of land should be linked with the issue of flood risk (theme 10) Link made as the flood risk sequential test outlined within national policy steers development to areas at lowest risk of flooding. This can sometimes conflict with the preference for brownfield redevelopment sites. We support the reuse of brownfield land as this can enable the remediation of underlying ground contamination caused by previous land uses, improving ground water quality. This therefore links with Theme 16: water quality and vice versa.
Theme 16 refers to the chemical and biological quality of rivers and waterways, and Comment added observes that Birmingham suffers from low quality against these measures. Water quality in the city is largely influenced by the efficiency of the foul drainage infrastructure – this links to our comments in relation to Theme 1.
We note that the 28 sustainability issues identified for this plan are to be addressed by 18 Added to ENV6 standard objectives which are taken from the Development Plan SA/SEA. It should be ensured that all issues raised within this report are reflected within the proposed objectives – it appears that Issue 1: Resources Uses (water) has not been included within the objectives. We recommend it is added in under ENV5 or ENV6.
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Comment Response
We draw your attention towards Sustainability Objectives 16, 17 and 18 on Page x, which Corrected appear to be duplicates of Objectives 1, 2 and 3.
Plans, Programmes and Strategies Reference added Table 3.1 lists the Severn Trent Water Resources Management Plan (2010) under the Regional heading. This is updated every 5 years and as such this is not the current version. The SA should refer to the 2014 plan found at http://www.severntrent.com/future/plans-and- strategy/water-resources-management-plan as referenced on page 15 of the report.
The SA should also consider the findings of the Environment Agency publication Tame, Reference added Anker and Mease abstraction licensing strategy (February 2013) which can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/291402/LIT_3 306_bc78df.pdf. This relates the availability of water for ground and surface water for abstraction purposes. Information from this strategy should be summarised alongside other water resources issues on page 15.
The Environment Agency now has in draft the Humber Flood Risk Management Plan which References added sets out proposals for managing the risk of flooding at a catchment and river basin district scale. These proposals will help inform decisions about where investment and action are targeted in future to best protect people and places from the risk of flooding. For more information about this please see the link at the end of this letter that directs you towards this consultation document. Birmingham City Council also have a number of other water-based evidence documents that should be considered. These include: Surface Water Management Plan for Birmingham (2013 emerging draft) Local Flood Risk Management Strategy for Birmingham (2014 outline version). Preliminary Flood Risk Assessment (2011)
Appendix A reviews the relevant plans and programmes in more detail. Under the Noted Objectives and Targets identified for the Water Framework Directive (WFD) (page A1) it states that all waterbodies are to reach ‘Good Ecological Status’ by 2015. This is currently correct, however this will change when the next round of River Basin Management Plan (RBMP) is published in December 2015, therefore this will need to be kept up to date. The next statement: ‘Exactly what constitutes ‘Good Ecological Status’ has not yet been defined.’ is incorrect. The following definition is taken from the Humber RBMP (relevant to Birmingham) and should be reflected within the SA: Good ecological status applies to natural water bodies, and is defined as a slight variation from undisturbed natural conditions. Some water bodies are designated as ‘artificial’ or ‘heavily modified’. This is because they may have been created or modified for a particular use such as water supply, flood protection, navigation or urban infrastructure. By definition, artificial and heavily modified water bodies are not able to achieve natural conditions. Instead the classification and objectives for these water bodies, and the biology they represent, are measured against ‘ecological potential’ rather than status. For an artificial or heavily modified water body to achieve good ecological potential, its chemistry must be good. In addition, any modifications to the structural or physical nature of the water body that harm biology must only be those essential for its valid use. All other such modifications must have been altered or managed to reduce or remove their adverse impact, so that there is the potential for biology to be as close as possible to that of a similar natural water body.
The objectives of the Trent Catchment Flood Management Plan (CFMP) are very broad and ENV5 amended high level and should be summarised in terms relevant to the local distinctiveness of Birmingham as a city. The CFMP considers Birmingham alongside the Black Country, and forms Policy Unit 10. Based on the level of proposed growth, and flooding characteristics of the area, Policy Option 5 has been applied which identifies that Birmingham is to “take further action to reduce flood risk”. This very specific aim should be reflected within the
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Comment Response SA’s issues and objectives, particularly ENV5 i.e. the policies should ensure they do not just ‘manage’ flood risk but ‘reduce’ flood risk.
The Humber RBMP (local delivery vehicle for WFD), although listed in Table 3.1 under the Amended Regional subgroup does not appear to be included in Appendix A. This should be rectified with locally-specific objectives summarised and reflected within the SA. Consideration should also be given to the draft plan currently out for consultation.
We recommend that Birmingham City Council undertake a Water Cycle Study to pull together all Noted the available information on water resource availability and water quality to inform detailed development management policies on development requirements and their impact on the water environment. This should be undertaken in liaison with Severn Trent Watere and th Environment Agency with a focus on how development within the city will support objectives set out within the Humber River Basin Management Plan (already referenced within the report).
Key Sustainability Issues for Birmingham Equivalent 2013-14 data not yet Section 4.4.2 refers to information on planning application consultations and overrulings on flood available for risk issues from 2011/12. Information is currently available for 2013‐14 which is likely to be more Birmingham representative than the information currently included in this report. Environment Agency records show we responded to 64 consultations in 2013‐14, which comprised as follows:
Full 35 Outline 8 Change of Use 5 Conditions 11 Reserved Matters 2 Variations 3 Please find attached a dataset for this period detailing applications which we objected to on flood risk grounds. This information should be correlated with Birmingham’s records of decisions made to ascertain if there were any overrulings during the period (we are not notified of all planning decisions). This may already be undertaken as part of the annual monitoring process.
Section 4.7.1 provides background information to the current state of water and air quality Noted within the city. The Humber RBMP indicates that there are twenty-three surface water bodies which fall within or cross the Birmingham boundary comprising of two lakes, eight canals and thirteen rivers. In the baseline year of 2009 only three out of these twenty-three water bodies achieved the required ‘Good Ecological Status’ or ‘Good Ecological Potential’. We draw your attention towards the WFD Evidence Pack provided by the Environment Agency to support the development of your Development Plan. The Humber RBMP is currently being revised with the new version being published in December 2015. The draft 2015 RBMP is now available as part of the formal consultation process, and any changes to the current plan should be considered within this report. The consultation on the 2015 plan is open until the end of March 2015 (please see details at end of letter).
The increased volume of waste water and sewage effluent produced by the proposed Text updated additional 50,000 dwellings will need to be treated to a high enough standard to ensure that there is no detriment in the quality of the watercourses receiving this discharge. Information currently available indicates that Minworth sewage treatment works should have the capacity to manage this additional capacity however given the dispersed nature of the proposed development, it is likely that there will be a requirement for widespread upgrading of the sewerage pipe network throughout the City. Section 4.7.4 should therefore include a reference to the required upgrading of foul drainage pipework and transmission infrastructure. Cumulative impact is key to this, making it hard to assess which sites and when will trigger the current drainage system to become overloaded and for water quality to become detrimentally impacted by development. It is likely therefore that a blanket policy is required to cover all developments and ensure the sewerage system has adequate capacity to manage any additional flows.
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Comment Response
Sustainability Objectives and the SA Framework ENV5 amended Table 6.2 shows the proposed objectives, quide questions and indicators. As discussed above, in line with the emerging Birmingham Development Plan and the CFMP evidence base, ENV5 should be amended to reflect the need to REDUCE flood risk not just manage it. A guide question should be added to table 6.2 to ask ‘Will development help reduce flood risk?’
We support the inclusion of ENV6 which aims to reduce pollution and ENV1 which will Noted encourage the remediation of brownfield contaminated land. These objectives should help ensure the DM DPD is in line with Humber RBMP’s requirements in improving the water quality of the city’s rivers, canals and groundwater. The Environment Agency can provide information on water quality objections to planning applications which could be used as a potential indicator to ENV6 (as per flood risk in ENV5).
Development of Environment Agency publications as part of the evidence base Noted Environment Agency strategies including the draft River Basin Management Plans (RBMPs) and draft Flood Risk Management Plans (FRMPs) are undergoing public consultation at present. The updated plans are due to be published in December 2015 and they will guide us in directing considerable investment and action from 2016 to 2021 and beyond, which will provide benefits to society and the environment. The catchment of interest to Birmingham city is the Humber.
Consultee: Natural England
Comment Response
Question 1 ‐ Scope of the proposed SA Noted Natural England is generally supportive of the scope of the proposed SA. We are also supportive of the series of objectives provided at 1.3 to confirm and clarify the Development Management DPD. We particularly welcome the recognised need for development to make a positive contribution to (1) …health and well being, and (2) environmental considerations.
We support the proposed SEA Topic Areas as proposed at Table 4.1. Noted
Paragraph 2.2.1 Habitat Regulation’s Assessment (HRA) – we recognise the acknowledgement that a HRA will be Noted required and concur with the need for this.
Question 2 ‐ Do we agree with the main issues identified? Noted We generally agree with the 28 sustainability themes (and related issues) identified as being particularly important affecting the city (page vi and Table 4.15). Specific comments in relation to the 28 Sustainability Themes (ST) and the related issues are provided below:
‐ We would argue that ST6 ‘Reducing the need to Travel’ may be provided for via the provision of new / Reference enhanced footways / cycleways and, by this, this ST may also potentially related to the improvement of health included and well‐being.
‐ Natural England would also like to see a mention of the benefits of multi‐functional green infrastructure (GI) Reference (and blue infrastructure) as a potential consideration in the efficient use of land (ST8). included
‐ ST9 and ST10 (Reducing and Managing Climate Change) ‐ relate to the important need for the city to tackle Reference climate change. There are many ways that the natural landscape and GI can be utilised for this purpose. included
‐ ST13 (Natural Landscape) – Natural England understands that a large proportion of the open land and green BDP not yet belt land discussed here is being considered for development via the Birmingham Plan. The SA / DM DPD, approved
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Comment Response therefore, surely needs to recognise this here in order to be able to provide a truly reflective account. In this way, should Figure 4.9, Table 4.5 and the statistics provided within paragraph 4.8.2 (Natural Landscape) also be updated to reflect the reduction in green belt and public open space area’s proposed?
‐ ST14 (Biodiversity and Geodiversity) – Incorrect reference to Biodiversity Enhancement Areas (BEAs). This work BEA reference / project has now ceased. Reference here should instead be made to The Cannock Chase to Sutton Park Project. removed Reference should also be made here to the Nature Improvement Area (NIA) designation. (see notes re: NIA NIA reference below). included
‐ ST25 (Health) – we support the reference to natural landscape and recreation. Noted
ST28 (Culture/Sport/Recreation) – we support the reference to health and natural landscape. Noted
Section 4: Key Sustainability Issues for Birmingham Reference included Managing and Adapting to Climate Change ‐ Paragraph 4.4.2 – Natural England welcomes the reference made here in respect of the value of GI to helping to mitigate and adapt to climate change. We also recommend a reference to the value of blue infrastructure (e.g. rivers, canals, SuDS) for this purpose.
‐ Paragraph 4.4.4 (Influence of DM DPD on Managing Climate Change) – potential inclusion of need for Reference maximisation of GI as part of development proposals, as appropriate, to help mitigate and adapt to climate included change.
Biodiversity and Geodiversity Reference included ‐ Section 4.5–acknowledge the importance of urban ecological sites and corridors as stepping stones for habitats/species and, in accordance with paragraph 109 of the NPPF, also acknowledge the need to establish improved coherent ecological networks that are more resilient to current and future pressures. We would also recommend inclusion of reference to multi‐functional GI (and blue infrastructure) for this purpose.
‐ Acknowledge also the need for the council to ensure net gains are made (to conserve and enhance biodiversity) Reference where possible, from development proposals by applying the ‘avoid, then mitigate and, (as a last resort) included compensate for adverse impacts on biodiversity’ principle (NPPF para 118). By this, when determining planning applications opportunities to incorporate biodiversity in and around developments should also be encouraged.
‐ Also, given the need to minimise impacts on biodiversity and geodiversity, the SA must ensure the DM DPD Reference policies promote the preservation, restoration and re‐creation of priority habitats, ecological networks and the included protection and recovery of priority species populations, linked to national and local targets (NPPF 117).
‐ Page 34 – we support the reference made to the work of the West Midlands Biodiversity Partnership (WMBP) BEA reference and in particular, The Cannock Chase to Sutton Park Project. References made to the ‘BEA’, however, are removed incorrect as this designation / project has now ceased.
‐ Page 34 ‐ This section should also acknowledge the Nature Improvement Area (NIA) designation. NIAs are Reference fundamental to the step‐change needed to establish a coherent and resilient ecological network. Where NIAs are included in place (in accordance with para’s 117 and 157 of the NPPF), Natural England wishes to see Local Plans: identify them on proposals maps; and include policies to ensure that any development affect them is compatible with their purpose and makes a positive contribute to their enhancement (using CIL/S106 agreements/conditions as appropriate).
‐ Page 34 (GI) – neglects to include a reference to climate change mitigation and adaptation benefits. Reference included
‐ Page 38 (Geodiversity) – we support the inclusion of geodiversity within the SA. However, we recommend the Reference SA makes an explicit reference to geological conservation and the need to conserve, interpret and manage made geological sites and features in the wider environment not just in relation to designated sites
‐ Paragraph 4.5.2 (Biodiversity and Geodiversity) – comments supported. Noted
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Comment Response
Population and Human Health Reference included ‐ Paragraph 4.6.11 – Recommend inclusion of reference to GI benefits upon human health and well‐being.
Section 5: Issues and Problems Relevant to the DM DPD Noted ‐ Table 5.1 – Generally support.
‐ We particularly welcome the reference to the need for continued monitoring of developments on periphery of Noted and designated sites to determine potential indirect and cumulative impacts. We would, also, recommend the reference inclusion of a reference to the need for monitoring of effects upon designated sites which may result from other included environmental pathways outside those developments on the immediate periphery.
‐ We also welcome the reference to the importance of greenspace and reductions in motor transport that can Noted have positive impacts upon populations and health.
‐ Climate Change – include reference to GI and its benefits. Reference included
Question 3: Do the objectives cover the breadth of issues appropriate for assessing the effects? Noted Generally, yes. Ensure incorporation of the above.
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Appendix E Regulation 18 Consultation Responses
Development Management DPD: Schedule of Regulation 18 Stage Consultation Responses
Question 1: Do you agree with the Purpose and Aims of the DPD?
Response from: Support? Reasons LPA Response Action Ref Selly Park Property Yes - No comments. Noted. None. 006/1 Owners’ Association. Highways England Yes - Highways England is Noted. None. 010/1 supportive of overall purpose and aims of the DPD and the DPD’s complimentary role to the adopted BDP. Dr Mike Hodder on Yes - No comments. Noted. None. 015/1 behalf of Council for British Archaeology, West Midlands Primesight Yes - No comments. Noted. None. 021/1 Susan Fleming on Yes - Aim and purpose Noted. None. 025/1 behalf of Clear Channel understood. UK Ltd - Planning development policy for Birmingham needs to be current and in keeping with the recent development and regeneration. Alvechurch Parish Yes Noted. None. 022/1 Council
Question 2: Please give us your views on the Objectives on page 6 of the Consultation Document
Response from: Comments LPA Response Action Ref Selly Park Property - No comments Noted. None. 006/2 Owners’ Association.
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Highways England - Highways England supports the Objectives of the Noted. The DPD objectives now utilise the same objectives of the BDP None. 010/2 DPD. and cover all the previous objectives identified in the 2015 Consultation Document.
Dr Mike Hodder on - Ensure that development responds to local One of the strategic objectives of the Birmingham Development Plan None. 015/2 behalf of Council for character and history, in accordance with NPPF (BDP) is “To protect and enhance the City’s heritage and historic British Archaeology, para 58. environments”. BDP Policy PG3 Place making requires all new West Midlands development to “reinforce or create a positive sense of place and local distinctiveness, with design that responds to site conditions and local area context, including heritage assets and appropriate use of innovation in design.”
Tyler Parkes on behalf - The PCCWM support the DPD objective 1. Noted. The DPD objectives now utilise the same objectives of the BDP None. 016/1 of the Police and Crime and cover all the previous objectives identified in the 2015 Consultation Commissioner for West Document. The contents of Objective 1 is covered by the following two Midlands (PCCWM) BDP Objectives “To encourage better health and well-being through the provision of new and existing recreation, sport and leisure facilities linked to good quality public open space” and “To develop Birmingham as a City of sustainable neighbourhoods that are safe, diverse and inclusive with locally distinctive character.”
Turley on behalf of - Generally supportive of the six key objectives Noted. The DPD objectives now utilise the same objectives of the BDP None. 019/1 Calthorpe Estates identified and cover all the previous objectives identified in the 2015 Consultation - Especially the commitment to the strengthening the Document. vitality and viability of retail centres - And the objective to ensure that new development is designed to integrate effectively with its setting and promote local distinctiveness. - Susan Fleming on - Agree with the objectives, Noted. The DPD objectives now utilise the same objectives of the BDP None. 025/2 behalf of Clear Channel - Point 4 is key. Birmingham must be able to compete and cover all the previous objectives identified in the 2015 Consultation UK Ltd internationally and continue to attract investment Document. from abroad. Alvechurch Parish - Should have respect and consideration to adjoining Noted. BCC engages with other local authorities through the Duty to Co- None. 022/2 Council Authorities and areas. operate and will continue to consult other local authorities at key stages in the preparation of the document.
Environment Agency - The Environment Agency support the Objectives Noted. The DPD objectives now utilise the same objectives of the BDP None. 012/1 identified on page 6. and cover all the previous objectives identified in the 2015 Consultation Document.
Turley on behalf of - Generally supportive of these objectives. Noted. The DPD objectives now utilise the same objectives of the BDP None. 013/1 Aberdeen Asset - Pleased the importance of strengthening the vitality and cover all the previous objectives identified in the 2015 Consultation Management and viability of centres has been recognised. Should Document. be reflected in final drafting.
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Question 3: Please give us your views on the Proposed Policy List on page 8 of the Consultation Document
Response from: Comments LPA Response Action Ref Selly Park Property - No comments. Noted. None. 006/3 Owners’ Association. Susan Fleming on - The Authority has identified those areas where they The Consultation Document contains an assessment of existing policy None. 025/3 behalf of Clear Channel believe review or greater control is required. documents and a list of proposed policies. UK Ltd
Question 4: Please give us your views on proposed Policy DM01 – Hot Food Takeaways
Response from: Comments LPA Response Action Ref Alvechurch Parish - This should have no effect unless adjacent to Noted. None. 022/3 Council existing Alvechurch parish residential or business buildings.
Question 5: Please give us your views on proposed Policy DM02 – Sheesha Lounges
Response from: Comments LPA Response Action Ref Tyler Parkes on behalf - Policy should be written to design out crime, and to This policy is no longer proposed in the Preferred Options Document. The Detailed design 016/2 of the Police and Crime introduce, where appropriate, to ensure the impacts of Sheesha Lounges are mainly on amenity of nearby residents or guidance on Commissioner for West community feel safe during an extended occupiers, noise and vibration, highway safety and access, parking and creating safe places Midlands (PCCWM) business/leisure day (i.e CCTV). servicing are covered by proposed policies DM 2, DM6, DM13, DM14 in and anti-terror - Particularly relevant when drawing Policy DM02 and the Preferred Options Document. The requirement for development to measures and safe DM03. create safe environments that design out crime and promote natural buildings will be set surveillance and positive social interaction is already provided through out in the emerging BDP Policy PG3 Place making. Detailed design guidance on creating safe Birmingham Design places and anti-terror measures and safe buildings will be set out in the Guide. emerging Birmingham Design Guide.
Alvechurch Parish - This should have no effect unless adjacent to Noted. None. 022/4 Council existing Alvechurch parish residential or business buildings.
Question 6: Please give us your views on proposed Policy DM03 – Restaurants, Cafés and Pubs
Response from: Comments LPA Response Action Ref Tyler Parkes on behalf - Request that reference be made to the need to This policy is no longer proposed in the Preferred Options Document. The Detailed design 016/3 of the Police and Crime design out crime, as to ensure the community feel impacts of Restaurants, Cafés and Pubs are mainly on amenity of nearby guidance on Commissioner for West safe during an extended business/leisure day (i.e. residents or occupiers, noise and vibration, highway safety and access, creating safe places Midlands (PCCWM) CCTV). parking and servicing are covered by proposed policies DM 2, DM6, and anti-terror
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- Particularly relevant when drawing Policy DM02 and DM13, DM14 in the Preferred Options Document. The requirement for measures and safe DM03. development to create safe environments that design out crime and buildings will be set promote natural surveillance and positive social interaction is already out in the emerging provided through BDP Policy PG3 Place making. Detailed design guidance Birmingham Design on creating safe places and anti-terror measures and safe buildings will be Guide. set out in the emerging Birmingham Design Guide.
Turley on behalf of - Policies DM03 and DM11 should be sufficiently Policies specifically for Restaurants/ Cafes/ Pubs and Hotels and Guest None. 019/2 Calthorpe Estates flexible as to ensure that high quality niche offerings Houses are not proposed in the Preferred Options Document. The are not unduly restricted by broad blanket policies. proposed draft policies are unlikely to restrict niche offerings in any way.
Alvechurch Parish - No effect unless adjacent to existing Alvechurch Noted. None. 022/5 Council parish residential or business buildings.
Question 7: Please give us your views on proposed Policy DM04 - Environmental Protection – Air Quality
Response from: Comments LPA Response Action Ref Highways England - Highways England is supportive of the principle of Noted. None. 010/3 the introduction of an Air Quality policy. - Not clear whether at this stage how (or indeed if) this policy may apply to road improvement schemes. - Recommendation that the policy should not be worded in such a way that it may be restrictive to the development and delivery of necessary road improvement schemes. Alvechurch Parish - Agree Noted. None. 022/6 Council
Question 8: Please give us your views on proposed Policy DM05 - Environmental Protection – Noise and Vibration
Response from: Comments LPA Response Action Ref
Alvechurch Parish - Agree Noted. None. 022/7 Council
Question 9: Please give us your views on proposed Policy DM06 - Environmental Protection – Light
Response from: Comments LPA Response Action Ref
Highways England - The establishment of this policy is welcomed Noted. Reference to guidance set out by the Institute Lighting of Comments have been010/4 - Recommendation that the policy accords with Professionals is included in the Preferred Options Document. taken into account an requirements outlined by the Institution of Lighting incorporated into the Engineers (ILE) with evidence submitted in the form supporting text of the
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of an external lighting report. policy.
Susan Fleming on - Consideration has to be given to public safety in Noted. The proposed policy recognises that well-designed lighting can Comments have 025/4 behalf of Clear Channel specific environments and the ability for individuals make a positive contribution to the urban environment, providing safe been taken into UK Ltd and businesses to adequately protect themselves environments for a range of activities. account and against criminal activity. incorporated into the supporting text of the policy. Alvechurch Parish - Particularly applicable for the rural adjoining parish Noted. None. 022/8 Council of Alvechurch.
Question 10: Please give us your views on proposed Policy DM07 - Environmental Protection – Land Contamination
Response from: Comments LPA Response Action Ref
- DMO7 is welcomed as it could provide further Noted. It is recognised that contamination of land can have adverse Comments have 012/2 support for the protection of groundwater resources impacts on human health, wildlife and contribute to the pollution of water been taken into within the city and build upon BDP Policy TP6. bodies. BDP Policy TP6 Management of Flood Risk and Water Resources account and - Land contamination can be a significant source of states that “Proposals should demonstrate compliance with the Humber incorporated into the water pollution in the environment. The following River Basin Management Plan exploring opportunities to help meet the supporting text of principles are used when assessing the effect on Water Framework Directive’s targets. Development will not be permitted the policy. groundwater solutions; The Precautionary principle; where a proposal would have a negative impact on surface water (rivers, Risk-based approach; Groundwater protection lakes and canals) or groundwater quantity or quality either directly through hierarchy pollution of groundwater or by the mobilisation of contaminants already in - We recommend these principles are incorporated the ground.” The supporting text of the policy refers to the Environment into a policy addition to Policy DM07 as to deliver Agency’s principles in managing risks to groundwater (the precautionary the Water Framework Directive. principle, risk based approach and groundwater protection hierarchy). - Where the potential consequences of a development or activity are serious or irreversible the precautionary principle will be applied to the management and protection of water Alvechurch Parish - Agree Noted. None. 022/9 Council
Question 11: Please give us your views on proposed Policy DM08 – Private Hire and Taxi Booking Offices
Response from: Comments LPA Response Action Ref
Alvechurch Parish - No effect on Alvechurch Parish unless adjacent to Noted. None. 022/10 Council existing property.
Question 12: Please give us your views on proposed Policy DM09 – Education Facilities - Use of Dwelling Houses
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Response from: Comments LPA Response Action Ref
Alvechurch Parish - May have an adverse effect through increased traffic Noted. Proposed policy on DM13 Highway Safety and Access and DM14 None. Comments 022/11 Council if adjacent to existing property. Parking and Servicing addresses these impacts of development. The have been taken Preferred Options Document also includes a policy on Day nurseries and into account and early years provision (DM9) and a policy on Places of worship and faith incorporated into related community uses (D10) which covers proposals for the use of proposed policy. dwelling houses for education facilities.
Question 13: Please give us your views on proposed Policy DM10 – Education Facilities – Non Residential Properties
Response from: Comments LPA Response Action Ref
Alvechurch Parish - May have an adverse effect through increased traffic Noted. Proposed policy on DM13 Highway Safety and Access and DM14 None. Comments 022/12 Council if adjacent to existing property Parking and Servicing addresses these impacts of development. The have been taken Preferred Options Document also includes a policy on Day nurseries and into account and early years provision (DM9) and a policy on Places of worship and faith incorporated into related community uses (D10) which covers proposals for the use of proposed policy. dwelling houses for education facilities.
Question 14: Please give us your views on proposed Policy DM11 – Hotels and Guest Houses
Response from: Comments LPA Response Action Ref
Turley on behalf of - Ensure that policy is sufficiently flexible to ensure Policies specifically for Restaurants/ Cafes/ Pubs and Hotels and Guest None. 019/3 Calthorpe Estates that high quality niche offerings are not unduly Houses are not proposed in the Preferred Options Document. The restricted by broad blanket policies. proposed draft policies are unlikely to restrict niche offerings in any way.
Alvechurch Parish - Applicable if adjoining property in the rural adjoining Noted. None. 022/13 Council parish of Alvechurch.
Question 15: Please give us your views on proposed Policy DM12 – Houses in Multiple Occupation - City-wide
Response from: Comments LPA Response Action Ref
Selly Park Property - Policy should restrict the development of HMOs Noted. Proposed policy DM10 HMOs and other non-family housing and None. Comments 006/4 Owners’ Association. where they will impact on the standards of DM2 Amenity address the individual and cumulative impacts of HMOs on have been taken residential amenity and character the area residential amenity. into account and - The cumulative effect of HMOs in an area to also be incorporated into considered. proposed policy. Summerfield Residents - SRA collectively registers support for the Comments are noted. However, this consultation relates to the The request for an 011/1 Association introduction of an Article 4 Direction in parts of Development Management DPD. The process for considering further Article 4 Direction Ladywood Ward. Article 4 Direction area is separate to the DPD process. Justification for an for parts of
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- It would provide control over increasing Article 4 Direction is based on whether the exercise of permitted Ladywood Ward is concentration of Houses in Multiple Occupation development rights would undermine local objectives to create or maintain noted. A city-wide (HMOs) in this historic residential area, which is mixed communities. Government guidance states that the use of Article 4 analysis will be blighted with an over proliferation of such properties Directions to remove national permitted development rights should be undertaken to (including hostels). limited to situations where this is necessary to protect local amenity or the consider the need - A desire to attract more families to the area as wellbeing of the area. The potential harm that the direction is intended to for further Article 4 achieved by SRB6 and Housing Market Renewal address should be clearly identified. It is considered that a strategic Direction Areas. Initiatives. approach is needed for addressing issues with HMOs. In assessing the This work is - Concerned with related ancillary issues associated need for further Article 4 Directions, a city-wide analysis will be undertaken underway and will with HMO’s such as parking/anti-social behaviour to assess the locations and concentration of HMOs. A mapping exercise of be reported to the - Concern on the proliferation of ‘To Let’ signs and the licensed HMOs, along with Council Tax N exemptions and planning Corporate Director associated negative connotations consents for Sui Generis HMOS is underway. for Economy in February 2019. The introduction of the new licensing rules will require many more properties to be licenced resulting in enable a better understanding of the location and numbers of HMOs in the City. Based on analysis of this intelligence, a more robust and strategic approach to the need for consideration for further Article 4 Direction Areas can be taken to ensure that there is a sound basis for an Article Direction to be pursued. This work is underway and will be reported to the Corporate Director for Economy in February 2019.
The concern regarding the over-concentration of HMOs is acknowledged. The proposed policy DM10 HMOs and other non-family housing and DM2 Amenity seek to address the individual and cumulative impacts of HMOs on residential amenity. See draft policies in the Preferred Options Document.
Tyler Parkes on behalf - Article 4 Areas should address the need for Comments are noted. However, this consultation relates to the None. 016/4 of the Police and Crime appropriate crime prevention measures in terms of Development Management DPD. The process for considering further Commissioner for West location, design, layout and other infrastructure to Article 4 Direction area is separate to the DPD process. The requirement Midlands (PCCWM) reduce crime and the fear of crime. for development to create safe environments that design out crime and promote natural surveillance and positive social interaction is already provided through BDP Policy PG3 Place making. Detailed design guidance on creating safe places and anti-terror measures and safe buildings will be set out in the emerging Birmingham Design Guide.
Alvechurch Parish - Particularly applicable if adjoining property in the Noted. None. 022/14 Council rural adjoining parish of Alvechurch.
Ladywood District - There is very strong support for this approach. Noted. The concern regarding the over-concentration of HMOs is None. 024/1 Committee - Not every, but many, landlords do not maintain their acknowledged. The proposed policy DM10 HMOs and other non-family properties or surroundings; or manage the behaviour housing and DM2 Amenity seek to address the individual and cumulative of their tenants, leading to deterioration of impacts of HMOs on residential amenity. See draft policies in the Preferred neighbourhoods and tensions within local Options Document. It is also important that adequate living conditions are communities. provided for occupants of HMOs. The licensing of HMOs is a separate - These properties are often occupied by vulnerable regulatory regime to planning and seeks to secure minimum standards of individuals; our concern is about landlords who accommodation fit for human habitation such as fire safety standards and
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seem to feel no responsibility to support these access to basic facilities such as a kitchen, bathroom and toilet. individuals.
Question 16: Please give us your views on proposed Policy DM13 – Houses in Multiple Occupation – Article 4 Areas
Response from: Comments LPA Response Action Ref
Selly Park Property - Concern about exclusion of Bournbrook from the Bournbrook was excluded from the Article 4 Direction area as it would be None. 006/5 Owners’ Association. Article 4 area. ineffective due to the already high concentration of HMOs. The proposed - Supplementary planning guidance should ensure policy DM10 HMOs and other non-family housing and DM2 Amenity seek the standards of residential amenity and character of to address the individual and cumulative impacts of HMOs on residential an area are maintained and cumulative impact is amenity. See draft policies in the Preferred Options Document. taken into account.
Summerfield Residents - SRA collectively register support for the introduction See above response to 011/1 See above action to 011/2 Association of an Article 4 Direction in parts of Ladywood Ward. 011/1 - It would provide control over increasing concentration of Houses in Multiple Occupation (HMOs) in this historic residential area, which is blighted with an over proliferation of such properties (including hostels). - A desire to attract more families to the area as achieved by SRB6 and Housing Market Renewal Initiatives. - Concerned with related ancillary issues associated with HMO’s such as parking/anti-social behaviour - Proliferation of ‘To Let’ signs
Tyler Parkes on behalf - Policies DM12 Houses in Multiple Occupation and The requirement for development to create safe environments that design Detailed design 016/5 of the Police and Crime DM13 Houses in Multiple Occupation – Article 4 out crime and promote natural surveillance and positive social interaction guidance on Commissioner for West Areas, address the need for appropriate crime is already provided through BDP Policy PG3 Place making. Detailed creating safe places Midlands (PCCWM) prevention measures design guidance on creating safe places and anti-terror measures and and anti-terror - Appropriate measures suggested included location, safe buildings will be set out in the emerging Birmingham Design Guide. measures and safe design, layout and other infrastructure to reduce buildings will be set crime and the fear of crime. out in the emerging Birmingham Design Guide.
Alvechurch Parish - Particularly applicable if adjoining property in the Noted. None. 022/15 Council rural adjoining parish of Alvechurch.
Question 17: Please give us your views on proposed Policy DM14 – Flat Conversions
Response from: Comments LPA Response Action Ref
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Selly Park Property - Proposals to convert houses into flats should take The proposed policy DM10 HMOs and other non-family housing and DM2 None. Comments 006/6 Owners’ Association. into account the standards of residential amenity Amenity seek to address the individual and cumulative impacts of HMOs have been taken - Not have an adverse impact on the character of an on residential amenity. Impact of development on highway safety and into account and area. access, parking and servicing are covered by proposed policies DM13 incorporated into - The cumulative effect should also be considered. Highway Safety and Access and DM14 Parking and Servicing. See draft proposed policy. - The requirement to accommodate parking on site policies in the Preferred Options Document. should be given priority. Alvechurch Parish - Particularly applicable if adjoining property in the Noted. None. 022/16 Council rural adjoining parish of Alvechurch.
Question 18: Please give us your views on proposed Policy DM15 – Hostels and Residential Homes
Response from: Comments LPA Response Action Ref
Summerfield Residents - SRA collectively register support for the introduction See response to 011/1 See response 011/1 011/3 Association of an Article 4 Direction in parts of Ladywood Ward. - It would provide control over increasing concentration of Houses in Multiple Occupation (HMOs) in this historic residential area, which is blighted with an over proliferation of such properties (including hostels). - A desire to attract more families to the area as achieved by SRB6 and Housing Market Renewal Initiatives. - Concerned with related ancillary issues associated with HMO’s such as parking/anti-social behaviour - Proliferation of ‘To Let’ signs
Alvechurch Parish - Particularly applicable if adjoining property in the Noted. None. 022/17 Council rural adjoining parish of Alvechurch.
Question 19: Please give us your views on proposed Policy DM16 – 45 Degree Code
Response from: Comments LPA Response Action Ref
Alvechurch Parish Agree Noted. None. 022/18 Council
Question 20: Please give us your views on proposed Policy DM17 – Planning Obligations
Response from: Comments LPA Response Action Ref
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Highways England - Highways England supports the updated policy With regard to the Sustainable Urban Extension (SUE) at Langley and None. 010/5 including continued use of Planning Obligations for Peddimore, all on site infrastructure requirements will not be funded by CIL developments not otherwise considered through the and S106 contributions will instead be sought. This is stated within the Community Infrastructure Levy (CIL). current Regulation 123 list. This will include improvements to Junction 9 of - In accordance to the response for the BDP, there is the M42. requirement for an improvement scheme at M42 Junction 9 following the Langley and Peddimore developments - The above needs, as identified and recorded in the city’s Infrastructure Development Plan (IDP), were excluded from the Draft Regulation 123 list which enables these to be delivered via the CIL. Improvements, therefore, associated with these developments would need to be provided through Planning Obligations. - The updated policy should therefore be supportive of the provision of this infrastructure. Needs to be flexible, however, as to address any future infrastructure needs that may threaten the functionality of the SRN.
Tyler Parkes on behalf - Welcomes the inclusion of Policy DM17 Planning A policy on Planning Obligations is no longer proposed in the Preferred None. 016/6 of the Police and Crime Obligations Options Document as it is covered by the BDP Policy on Developer Commissioner for West - Request that reference be made, either within the Contributions. Midlands (PCCWM) policy or within the supporting justification, to the potential requirement for contributions to be made towards Police infrastructure.
Alvechurch Parish - Agree Noted. None. 022/19 Council
Question 21: Please give us your views on proposed Policy DM18 – Telecommunications
Response from: Comments LPA Response Action Ref
Mono Consultants on - We consider it important that there is a specific Noted. Comments have been taken into account and incorporated into Comments have 014/1 behalf of Mobile telecommunications policy within the emerging DM proposed policy. been taken into Operators Association DPD is line with national guidance provided in account and Section 5 of the NPPF. incorporated into - When considering applications for proposed policy. telecommunications development, the planning authority should consider operational requirements of telecommunications networks and the technical limitations of the technology.- - “Proposals for telecommunications development will be permitted provided that the following criteria are met
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(i) the siting and appearance of the proposed apparatus and associated structures should seek to minimise impact on the visual amenity, character or appearance of the surrounding area; (ii) if on a building, apparatus and associated structures should be sited and designed in order to seek to minimise impact to the external appearance of the host building; (iii) if proposing a new mast, it should be demonstrated that the applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Such evidence should accompany any application made to the (local) planning authority. (iv) If proposing development in a sensitive area, the development should not have an unacceptable effect on areas of ecological interest, areas of landscape importance, archaeological sites, conservation areas or buildings of architectural or historic interest.
Alvechurch Parish - Masts or other equipment seen from Alvechurch The provision of advanced high quality communications infrastructure to None. 022/20 Council parish or other bordering authority’s properties serve local business and communities plays a crucial role in the national should not be considered. and local economy. The proposed policy for Telecommunications seeks to ensure the right balance is struck between providing essential telecommunications infrastructure and protecting the environment and local amenity.
Question 22: Please give us your views on proposed Policy DM19 – Aerodrome Safety
Response from: Comments LPA Response Action Ref
Alvechurch Parish Not applicable to Alvechurch Noted. None. 022/21 Council
Question 23: Please give us your views on proposed Policy DM20 – Tree Protection
Response from: Comments LPA Response Action Ref
Alvechurch Parish Agree. Noted. None. 022/22 Council
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Question 24: Please give us your views on proposed Policy DM21 – Advertisements
Response from: Comments LPA Response Action Ref
Highways England - Highways England would be supportive of a policy Noted. The proposed policy for Advertisement (DM7) seeks to ensure that None. Comments 010/6 which provides greater detail and guidance in they are designed to a high standard and are suitably located, sited and have been taken determining decisions on relevant planning designed to have no detrimental impact on public and highway safety or to into account and applications for advertisements, in relation to road the amenity of the area. incorporated into safety. proposed policy. - Ongoing consultation on the drafting of this policy, to mitigate the potential for any adverse impacts on the safety and functionality of the SRN would be desirable.
Turley on behalf of - Policies of particular interest to AAM are proposed Noted. The proposed policy on Advertisements strikes the right balance None. 013/2 Aberdeen Asset policies DM21 ‘Advertisements’ and DM23 ‘Design’. between flexibility and protection of the character of buildings and the Management - The Council should seek to ensure that there is surrounding area. sufficient flexibility within the policies to ensure that developers are not overly restricted in what they are able to do.
Steve George, - BCC’s objective, in our view, has been to develop Noted. None. 017/1 Managing Director, futuristic iconic displays in city centre locations. Signature Outdoor - The balance of providing social and commercial opportunities through the network has seen the reduction of overall displays and the eradication of traditional displays must be considered as progress.
Turley on behalf of - ‘Advertisements’ should be efficient, effective and Noted. As well as public safety and amenity the proposed policy seeks to None. 019/4 Calthorpe Estates simple in concept and operation. ensure that advertisements are well designed and relate well in scale and - Advertisements which will clearly have an character to a building or surrounding area. appreciable impact on a building or on their surroundings should be subject to detailed assessment. - Advertisements should be subject to control only in the interests of amenity and public safety.
Primesight - Care must be taken to ensure that such policies do Noted. As well as public safety and amenity the proposed policy seeks to None. 021/2 not conflict with the strict requirements of the 1990 ensure that advertisements are well designed and relate well in scale and (controlled in the interests of amenity and public character to the building/ structure it is located on and the surrounding safety). area. - The promotion of innovation in advertising and signage in the interests of amenity and public safety - Recognition of the positive role that advertising can play when appropriately designed and sited. - Recognition of the existing amenity of a site and street scene when assessing the relative impact of a
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proposed advertisement scheme.
Susan Fleming on - The Development Plan and subsequent policy The proposed policy will not constrain advertisements but ensure that None. 025/5 behalf of Clear Channel adopted must not constrain or prevent sensible large advertisements are well designed, relate well in scale and character to a UK Ltd format media/digital advertising building or surrounding area and are suitably located, sited and designed having no detrimental impact on public and highway safety or to the amenity of the area.
Alvechurch Parish - Masts visible from the Alvechurch Parish or Noted. None. 022/23 Council adjoining authority could have a possible negative impact
Question 25: Please give us your views on proposed Policy DM22 – Places of Worship
Response from: Comments LPA Response Action Ref
None None
Question 26: Please give us your views on proposed Policy DM23 – Design
Response from: Comments LPA Response Action Ref
Environment Agency - Policy DM23 recommend consideration of how Detailed design guidance on how development should be designed to Comments to be 012/3 developments will interact with rivers and streams contribute to the green and blue infrastructure in the city will be contained taken into account in that flow through their boundaries in order to within the emerging Birmingham Design Guide. the Birmingham adequately integrate them. Design Guide. - Should build upon and provide further clarity to the requirements of BDP Policy TP6. - This policy should be drafted in consultation with your Lead Local Flood Authority who have responsibility for maintaining Ordinary Watercourses within the city.
Turley on behalf of - Proposed policy DM23 is of particular interest to Noted. None. 013/3 Aberdeen Asset AAM given the central location of City Centre House Management in the retail core.
Tyler Parkes on behalf - The PCCWM supports Policy DM23 Design in its See response to 016/2 See response to 016/7 of the Police and Crime consideration of crime and disorder. 016/2 Commissioner for West - Requirements for proposals to meet ‘Secured by Midlands (PCCWM) Design’ principles when considering elements such as shop fronts, housing, tall buildings, hard and soft landscaping etc. would be welcomed.
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Turley on behalf of - Policy DM23, is of particular interest given the Noted. A policy for Design is no longer proposed in the Preferred Options None. Detailed 019/5 Calthorpe Estates proposals identified in the Edgbaston Planning Document as it is considered to be covered by BDP Policy PG3 Place- design guidance will Framework. making. Detailed design guidance will be provided through the emerging be provided through - The policies need to be sufficiently flexible as to Birmingham Design Guide. the emerging respond to areas historic character and of retailing. Birmingham Design Guide.
Primesight - An overarching design policy that is clearly Noted. A policy for Design is no longer proposed in the Preferred Options None. Detailed 021/3 integrated with advertisement policy is welcomed. Document as it is considered to be covered by BDP Policy PG3 Place- design guidance will making. Detailed design guidance will be provided through the emerging be provided through Birmingham Design Guide. the emerging Birmingham Design Guide.
Alvechurch Parish - Properties close to the Birmingham boundary in Noted. None. 022/24 Council Alvechurch Parish or adjoining authority could be thought as having a potential to be negatively affected by design.
Question 27: Please give us your views on proposed Policy DM24 – Residential Amenity and Space Standards
Response from: Comments LPA Response Action Ref
Alvechurch Parish - Agree. Noted. None. 022/25 Council
Question 28: Please give us your views on Enforcement
Response from: Comments LPA Response Action Ref
Selly Park Property - Council should continue to take action to prevent the Noted. A policy for Enforcement is no longer proposed in the Preferred None. 006/7 Owners’ Association. continuation of development where breaches in Options Document. The Council instead will be preparing a Local planning regulations have occurred. Enforcement Plan which will set out its policy and procedure for enforcing - Where an applicant seeks retrospective consent, planning control and handling planning enforcement issues. development should be prevented until this is approved. - Council to make full use of powers to prevent unauthorised development and curb flagrant abuses as required, considering the merits of each case individually - Local interest groups to be recognised as a good source of information ‘on the ground’ to ‘police’ unauthorised developments in an area. Alvechurch Parish - Supported, if enforcement is carried out properly on Noted. None. 022/26 Council any development that may negatively impact on
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bordering authority properties.
Question 29: Do you have any comments about the assessment of existing policies in Appendix 1?
Response from: Comments LPA Response Action Ref
Dr Mike Hodder on - The retention of the Archaeology Strategy SPG and The Archaeology Strategy SPG and the Regeneration through Comments to be 015/3 behalf of Council for the Regeneration through Conservation SPG is Conservation SPG will be superseded by the Birmingham Design Guide taken into account in British Archaeology, welcomed SPD once adopted. the Birmingham West Midlands - The Archaeology Strategy SPG, like the Design Guide. Regeneration through Conservation SPG, should be absorbed within, and superseded by, the Historic Environment SPD when that is produced.
Tony Thapar on behalf - Concerned with conservation of the Moseley Policies in the BDP seek to value, protect, enhance and manage the None. 027/1 of Moseley character historic environment. The Moseley SPD, adopted in 2014, sets out a vision Regeneration Group - Ensure that there is a diverse range of housing for Moseley. One of the objectives is to protect its historical legacy. The tenures in the neighbourhood. Moseley Regeneration Group has led on the preparation of the SPD and - Concerned with revoking area of restraint for the development of detailed guidance in relation to the protecting and Moseley/ Sparkbrook. enhancing the character of Moseley.
BDP policies TP27 and TP30 require development to contribute to creating sustainable neighbourhoods characterised by a wide choice of housing sizes, types and tenures to ensure balanced communities.
The Areas of Restraint are very out dated and can only be afforded limited weight. It is considered that the issues which the Areas of Restraint seek to address can be adequately covered by existing BDP policies and the proposed policies in the Preferred Options Document namely BDP Policy TP27, TP30, PG3, DM2, DM10, DM13 and DM14.
Primesight - It is proposed to revoke this SPG rather than update The Location of Advertisement Hoardings SPG is regarded as being out- None. 021/4 it. It is unclear why a different approach has been of-date, as it does not address more recent developments such as digital taken to that of the Large Format Banners SPD, media. Some of the content should be included in the DPD policy. which on the face of it performs a comparable role. We look forward to receiving the consultation on the draft of the section to be retained in the new policy DM21.
Question 30: Do you have any other comments? For example, do you think we have omitted anything, or are there any alternative options?
Response from: Comments LPA Response Action Ref
North Warwickshire - Possible strategic issues relating to policies Noted An ongoing dialogue 001/1 Borough Council DM04/06/09/10/11/07 and implementation arising with NWBC will be
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from the cumulative impact of development to the required. east of Birmingham.
Stafford Borough - Stafford Borough Council do not have any key Noted. None. 004/1 Council issues or concerns with the DPD.
The Coal Authority - We have no specific comments to make at this Noted. None. 005/1 stage.
Historic England - Historic England welcomes the continued reference Detailed design guidance on how development should be designed to Comments to be 003/1 and commitment to the preparation of a Historic value, protect, enhance and manage the historic environment will be taken into account in Environment SPD to enable the effective delivery of contained within the emerging Birmingham Design Guide. the Birmingham Policy TP12 of the BDP. Design Guide.
Environment Agency - Suggestion of an additional policy entitled BDP Policy TP6 (as modified) provides city-wide strategic policy on flood 012/4 ‘Environmental Protection – Water’ as to build on risk and the water environment. Consequently, an additional policy as None. BDP Policy TP6. suggested is not considered necessary. - Policies should ensure that development does not comprise the ability to meet the required WFD objective of Good Status. To accomplish this we recommend: - A Water Cycle Study to pull together all the available information on water resource availability and water quality to inform detailed development management policies. This should be undertaken in liaison with Severn Trent Water and the Environment Agency with reference to the Humber River Basin Management Plan (RBMP). - A policy is required regarding foul drainage infrastructure. The increased volume of waste water and sewage effluent produced by the proposed additional 50,000 dwellings will need to be treated to a high enough standard, it is likely that a blanket policy is required to cover all developments and ensure the sewerage system has adequate capacity to manage any additional flows. We suggest the following condition wording to be included within this DPD, as supported by Severn Trent water’s Hearing Statement.
Frankley Parish Council - Brownfield across Greater Birmingham and Solihull Comments are noted. However, this repeats comments made in None. 002/1 LEP and the Black Country Authorities should be connection with the Birmingham Development Plan Modifications, and utilised prior to Green Belt. does not relate to the content or purpose of the DM DPD. - Sites within these areas and those within the Authorities identified in the Duty to Co-operate as having capacity for housing should be examined. Deliverable / developable land in the Black Country provides capacity for around 65,000 dwellings,
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offering land for employment and housing. - The projected housing numbers should be reviewed to ensure they are accurate. Many of the reports regarding migration are 5 years old. Until the population statistics and housing requirements are justified, the Green Belt should remain untouched.
Selly Park Property - Concerns surrounding the concentration of student Noted. The BDP contains a policy in relation to proposals for purpose built None. 006/8 Owners’ Association. development in Selly Oak destroying neighbourhood student accommodation (Policy TP33 Student accommodation). character. A more balanced approach to land-use Development must have an unacceptable impact on the local would be welcomed neighbourhood and residential amenity. As set out in the Preferred Options - Car parking concerns arising from purpose built Document, all should ensure that the operational and parking needs of student housing developments that have no development are met and avoid highway safety problems and protect the associated parking facilities. local amenity and character of the area.
Lichfield District Council - We have no issues to raise. Noted. None. 008/1
Health & Safety - When consulted on land-use planning matters, HSE Noted. Supporting text to the proposed policy DM3 land affected by Comments taken 007/1 Executive where possible will make representations to ensure contamination and hazardous substances states that decisions will take into account in that compatible development within the consultation into account the advice of the HSE, together with guidance in HSE’s Land proposed policy zones of major hazard installations and major Use Planning Methodology. DM3 land affected accident hazard pipelines (MAHPs) is achieved. by contamination - Detailed technical advice provided. and hazardous substances Sandwell MBC - We do not feel this DPD raises any strategic issues. Noted. None. 009/1
BCC Transportation - Addition of a transport policy to address detailed Noted. Comments taken into account in proposed policy DM13 Highway Comments taken Internal considerations in respect of planning applications, Safety and Access and DM14 Parking and Servicing. into account in planning conditions, car parks, the Parking proposed policy Guidelines SPD and potential Travel Plans SPD. DM13 Highway Safety and Access and DM14 Parking and Servicing.
Dr Mike Hodder on - Suggest that the DPD contains cross-references to Cross reference to relevant BDP and other local plan policies and No further action. 015/4 behalf of Council for BDP policies and a table, similar to Table 3 in the guidance has been included. An appendix in the Preferred Options Comments have British Archaeology, Appendix of the consultation document, which lists Document lists the topics that are not included in the Preferred Options been taken into West Midlands topics that are not included in the Development Document. account. Management DPD because they are covered by BDP policies. Natural England - Natural England does not consider that this Noted. None. Natural 020/1 Development Management DPD poses any likely England is a risk or opportunity in relation to our statutory Specific purpose, and so does not wish to comment on this Consultation Body consultation. This does not mean there are no and will continue to impacts on the natural environment. be consulted in accordance with the Development Plan
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Regulations. Tyler Parkes on behalf - Additional policies requested (see below) The requirement for development to create safe environments that design Detailed design 016/8 of the Police and Crime - Development management policies specific to Listed out crime and promote natural surveillance and positive social interaction guidance on Commissioner for West Buildings and Conservation Areas. Consideration is already provided through BDP Policy PG3 Place making. Detailed creating safe places Midlands (PCCWM) could be given to the use of alternative materials design guidance on creating safe places and anti-terror measures and and anti-terror and/or artefacts which are less likely to be safe buildings will be set out in the emerging Birmingham Design Guide. measures and safe vulnerable to repeat theft. The policy should suggest buildings will be set the use of ‘alternative’ materials to replace building out in the emerging materials and artefacts stolen to reduce crime and Birmingham Design the fear of crime Guide. - Policies requiring a comprehensive maintenance programme to offer sustainability for buildings once they have been constructed, this might include: The regular pruning and trimming of trees and bushes to encourage surveillance and prevent concealment, the removal of graffiti and signs of vandalism, regular litter and waste patrols. - Another recommendation includes the formulation of a policy, SPD, or model conditions that seeks to control the design and location of ATMs. Examples of ‘model’ conditions include, adequate lighting, defensible space, CCTV, anti-ram barriers, dedicated parking areas.
Severn Trent Water - No specific comments to make, but please keep us Noted. Consult at next 018/1 informed. stage of consultation.
Turley on behalf of - DM03 and DM11 should be sufficiently flexible to The proposed draft policies are unlikely to restrict niche offerings in any None. 019/6 Calthorpe Estates ensure that high quality niche offerings are not way. unduly restricted by blanket policies intended to deal with more standard / typical developments as to create a vibrant urban village. - The DPD should ensure that there is sufficient flexibility creating a more interesting built environment befitting of a world class city.
Alvechurch Parish - No Transport policy to consider cross boundary Cross boundary transport integration is a strategic planning consideration None. 022/27 Council transport integration. which is addressed in the BDP.
The Moseley Society - We will be very interested to see the detailed Noted. A policy for Enforcement is no longer proposed in the Preferred None. 023/1 policies when they are published for consultation. Options Document. The Council instead will be preparing a Local - We welcome a new statement on Enforcement and Enforcement Plan which will set out its policy and procedure for enforcing hope that enforcement receives sufficient resources. planning control and handling planning enforcement issues.
Castle Bromwich Parish - Councillors to reply individually to consultations Noted. None. 026/1 Council rather than submit a ‘parish council’ view.
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January 2019 Doc Ref. L40761 APPENDIX 3
BIRMINGHAM CITY COUNCIL
DEVELOPMENT MANAGEMENT IN BIRMINGHAM (DMB) DEVELOPMENT PLAN DOCUMENT
PREFERRED OPTIONS CONSULTATION
CONSULTATION STATEMENT
1. What is the Planning and Development Service consulting on?
1.1 The Draft Development Management in Birmingham Development Plan Document (DMB) is a City-wide local planning policy document. Once completed and adopted, it will support the adopted Birmingham Development Plan (2017) (BDP) by setting out non-strategic planning policies for the determination of planning applications and, in turn, will replace the remaining saved policies of the Birmingham Unitary Development Plan (2005). It will therefore be one of the Council’s key planning policy documents.
1.2 This current consultation stage (Preferred Options) is the second stage in the plan preparation process and has been developed having regard to comments received during the first consultation on the document (Issues and Options) which was held in 2015. The Consultation Document has been drafted taking into account comments received during the last consultation known as the Issues and Options stage.
1.3 The purpose of the Preferred Options consultation document is to invite comments on the preferred approach and alternatives which will then inform the preparation of the next stage of the DMB document. It is envisaged that the consultation will commence at the beginning of February 2019 for a period of 8 weeks.
1.4 The consultation document is accompanied by a Sustainability Appraisal (SA) which assesses the policies within the DMB to ensure they have a positive impact on social, economic and environmental factors. An Equality Impact Analysis has also been carried out which has concluded that the a full Equality Impact Assessment is not required at this stage.
2 How is the Planning and Development Service consulting?
2.1 Consultation will be carried out in accordance with the City Council’s Statement of Community Involvement (SCI) and will specifically include the following:-
The Preferred Options Consultation Document and a summary document with associated information will be available on the Council’s website with an opportunity for all to comment and input online via BeHeard – the Council’s consultation toolkit.
Hard copies of the Preferred Options Consultation Document and summary document will be available to view at all main libraries across the City.
The Planning and Development Service keeps a database which includes local residents, businesses, community groups, landowners, developers and other stakeholders who will be contacted directly to let them know that the consultation is taking place and ascertain their views. Those who commented on the issues and Options Consultation will also be specifically contacted to get their comment and input on the changes carried out in this version of the Document as a result.
Key strategic and statutory stakeholders identified in the National Planning Policy Framework (NPPF) will also be directly consulted including government organisations such as Historic England, Environment Agency, Natural England, Sport England, Highways England.
Key local stakeholders including Local Members, MPs, the Mayor and the Combined Authority as well as Town and Parish Councils within the City and key officers within the Authority. This also includes local community and education establishments.
Other organisations and stakeholders as identified in the Statement of Community Involvement.
2.2 The Consultation will be carried out via the following means:- APPENDIX 3
The Preferred options Document, Summary Document and supporting information on Birmingham City Council’s Website with opportunity to comment via BeHeard.
Email or letter to all City-wide resident/business/community groups/ stakeholders on the Planning and Development Consultation Database.
Email or letter to all Statutory consultees as identified in the NPPF and Article 38 of the Town and Country Planning (Development Management Procedure) (England) Order 2015
Copies of the Preferred Options Consultation Document and Summary Document available at all main libraries within the City as well as being available for inspection during normal office hours at 1 Lancaster Circus.
Press advertisement in local newspaper (Birmingham Mail)
3 Response to the previous ‘Issues and Options’ consultation stage.
3.1 The Issues and Options Consultation for the DMB was carried out in 2015. A summary of the comments received and the Council’s response to those comments is appended (Appendix A) to this Consultation Statement.
3.2 There were 27 different organisations which responded to the Issues and Options consultation on a broad range of issues. As a result, many of the draft policies have been modified and some have been deleted or omitted altogether in the Preferred Options Consultation. Details can be found in Annexe A.
4 Timetable
4.1 The timetable towards adoption of the Development Management in Birmingham DPS is set out as follows:-
Preferred Options Consultation (Regulation 18) – February / March 2019
Publication Document (Regulation 19) – Summer 2019
Submission to Secretary of State – Autumn 2019
Examination in Public – Winter 2019/2020
Adoption – Spring 2020
APPENDIX 3
Annexe A
Summary of Regulation 18 Issues and Options Consultation and Birmingham City Council’s Response
Development Management DPD: Schedule of Regulation 18 Stage Consultation Responses
Question 1: Do you agree with the Purpose and Aims of the DPD?
Response from: Support? Reasons LPA Response Action Ref Selly Park Property Owners’ Yes - No comments. Noted. None. 006/1 Association. Highways England Yes - Highways England is supportive of overall purpose and aims of Noted. None. 010/1 the DPD and the DPD’s complimentary role to the adopted BDP. Dr Mike Hodder on behalf of Council for Yes - No comments. Noted. None. 015/1 British Archaeology, West Midlands Primesight Yes - No comments. Noted. None. 021/1 Susan Fleming on behalf of Clear Yes - Aim and purpose understood. Noted. None. 025/1 Channel UK Ltd - Planning development policy for Birmingham needs to be current and in keeping with the recent development and regeneration. Alvechurch Parish Council Yes Noted. None. 022/1
Question 2: Please give us your views on the Objectives on page 6 of the Consultation Document
Response from: Comments LPA Response Action Ref Selly Park Property Owners’ - No comments Noted. None. 006/2 Association. Highways England - Highways England supports the Objectives of the DPD. Noted. The DPD objectives now utilise the same objectives of the None. 010/2 BDP and cover all the previous objectives identified in the 2015 Consultation Document.
Dr Mike Hodder on behalf of Council for - Ensure that development responds to local character and history, in One of the strategic objectives of the Birmingham Development Plan None. 015/2 British Archaeology, West Midlands accordance with NPPF para 58. (BDP) is “To protect and enhance the City’s heritage and historic environments”. BDP Policy PG3 Place making requires all new development to “reinforce or create a positive sense of place and local distinctiveness, with design that responds to site conditions and local area context, including heritage assets and appropriate use of innovation in design.”
Tyler Parkes on behalf of the Police and - The PCCWM support the DPD objective 1. Noted. The DPD objectives now utilise the same objectives of the None. 016/1 Crime Commissioner for West Midlands BDP and cover all the previous objectives identified in the 2015 (PCCWM) Consultation Document. The contents of Objective 1 is covered by the following two BDP Objectives “To encourage better health and well-being through the provision of new and existing recreation, sport and leisure facilities linked to good quality public open space” and “To develop Birmingham as a City of sustainable neighbourhoods that are safe, diverse and inclusive with locally distinctive character.”
Turley on behalf of Calthorpe Estates - Generally supportive of the six key objectives identified Noted. The DPD objectives now utilise the same objectives of the None. 019/1 - Especially the commitment to the strengthening the vitality and viability of BDP and cover all the previous objectives identified in the 2015 retail centres Consultation Document. - And the objective to ensure that new development is designed to integrate effectively with its setting and promote local distinctiveness. - APPENDIX 3
Susan Fleming on behalf of Clear - Agree with the objectives, Noted. The DPD objectives now utilise the same objectives of the None. 025/2 Channel UK Ltd - Point 4 is key. Birmingham must be able to compete internationally and BDP and cover all the previous objectives identified in the 2015 continue to attract investment from abroad. Consultation Document.
Alvechurch Parish Council - Should have respect and consideration to adjoining Authorities and areas. Noted. BCC engages with other local authorities through the Duty to None. 022/2 Co-operate and will continue to consult other local authorities at key stages in the preparation of the document.
Environment Agency - The Environment Agency support the Objectives identified on page 6. Noted. The DPD objectives now utilise the same objectives of the None. 012/1 BDP and cover all the previous objectives identified in the 2015 Consultation Document.
Turley on behalf of Aberdeen Asset - Generally supportive of these objectives. Noted. The DPD objectives now utilise the same objectives of the None. 013/1 Management - Pleased the importance of strengthening the vitality and viability of centres BDP and cover all the previous objectives identified in the 2015 has been recognised. Should be reflected in final drafting. Consultation Document.
Question 3: Please give us your views on the Proposed Policy List on page 8 of the Consultation Document
Response from: Comments LPA Response Action Ref Selly Park Property Owners’ - No comments. Noted. None. 006/3 Association. Susan Fleming on behalf of Clear - The Authority has identified those areas where they believe review or The Consultation Document contains an assessment of existing None. 025/3 Channel UK Ltd greater control is required. policy documents and a list of proposed policies.
Question 4: Please give us your views on proposed Policy DM01 – Hot Food Takeaways
Response from: Comments LPA Response Action Ref Alvechurch Parish Council - This should have no effect unless adjacent to existing Alvechurch parish Noted. None. 022/3 residential or business buildings.
Question 5: Please give us your views on proposed Policy DM02 – Sheesha Lounges
Response from: Comments LPA Response Action Ref Tyler Parkes on behalf of the Police and - Policy should be written to design out crime, and to introduce, where This policy is no longer proposed in the Preferred Options Document. Detailed design guidance on creating safe 016/2 Crime Commissioner for West Midlands appropriate, to ensure the community feel safe during an extended The impacts of Sheesha Lounges are mainly on amenity of nearby places and anti-terror measures and safe (PCCWM) business/leisure day (i.e CCTV). residents or occupiers, noise and vibration, highway safety and buildings will be set out in the emerging - Particularly relevant when drawing Policy DM02 and DM03. access, parking and servicing are covered by proposed policies DM Birmingham Design Guide. 2, DM6, DM13, DM14 in the Preferred Options Document. The requirement for development to create safe environments that design out crime and promote natural surveillance and positive social interaction is already provided through BDP Policy PG3 Place making. Detailed design guidance on creating safe places and anti- terror measures and safe buildings will be set out in the emerging Birmingham Design Guide.
Alvechurch Parish Council - This should have no effect unless adjacent to existing Alvechurch parish Noted. None. 022/4 residential or business buildings.
Question 6: Please give us your views on proposed Policy DM03 – Restaurants, Cafés and Pubs
Response from: Comments LPA Response Action Ref Tyler Parkes on behalf of the Police and - Request that reference be made to the need to design out crime, as to This policy is no longer proposed in the Preferred Options Document. Detailed design guidance on creating safe 016/3 Crime Commissioner for West Midlands ensure the community feel safe during an extended business/leisure day The impacts of Restaurants, Cafés and Pubs are mainly on amenity places and anti-terror measures and safe (PCCWM) (i.e. CCTV). of nearby residents or occupiers, noise and vibration, highway safety buildings will be set out in the emerging APPENDIX 3
- Particularly relevant when drawing Policy DM02 and DM03. and access, parking and servicing are covered by proposed policies Birmingham Design Guide. DM 2, DM6, DM13, DM14 in the Preferred Options Document. The requirement for development to create safe environments that design out crime and promote natural surveillance and positive social interaction is already provided through BDP Policy PG3 Place making. Detailed design guidance on creating safe places and anti- terror measures and safe buildings will be set out in the emerging Birmingham Design Guide.
Turley on behalf of Calthorpe Estates - Policies DM03 and DM11 should be sufficiently flexible as to ensure that Policies specifically for Restaurants/ Cafes/ Pubs and Hotels and None. 019/2 high quality niche offerings are not unduly restricted by broad blanket Guest Houses are not proposed in the Preferred Options Document. policies. The proposed draft policies are unlikely to restrict niche offerings in any way.
Alvechurch Parish Council - No effect unless adjacent to existing Alvechurch parish residential or Noted. None. 022/5 business buildings.
Question 7: Please give us your views on proposed Policy DM04 - Environmental Protection – Air Quality
Response from: Comments LPA Response Action Ref Highways England - Highways England is supportive of the principle of the introduction of an Noted. None. 010/3 Air Quality policy. - Not clear whether at this stage how (or indeed if) this policy may apply to road improvement schemes. - Recommendation that the policy should not be worded in such a way that it may be restrictive to the development and delivery of necessary road improvement schemes. Alvechurch Parish Council - Agree Noted. None. 022/6
Question 8: Please give us your views on proposed Policy DM05 - Environmental Protection – Noise and Vibration
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council - Agree Noted. None. 022/7
Question 9: Please give us your views on proposed Policy DM06 - Environmental Protection – Light
Response from: Comments LPA Response Action Ref
Highways England - The establishment of this policy is welcomed Noted. Reference to guidance set out by the Institute Lighting of Comments have been taken into account 010/4 - Recommendation that the policy accords with requirements outlined by Professionals is included in the Preferred Options Document. and incorporated into the supporting text of the Institution of Lighting Engineers (ILE) with evidence submitted in the the policy. form of an external lighting report.
Susan Fleming on behalf of Clear - Consideration has to be given to public safety in specific environments Noted. The proposed policy recognises that well-designed lighting Comments have been taken into account 025/4 Channel UK Ltd and the ability for individuals and businesses to adequately protect can make a positive contribution to the urban environment, providing and incorporated into the supporting text themselves against criminal activity. safe environments for a range of activities. of the policy.
Alvechurch Parish Council - Particularly applicable for the rural adjoining parish of Alvechurch. Noted. None. 022/8
Question 10: Please give us your views on proposed Policy DM07 - Environmental Protection – Land Contamination
Response from: Comments LPA Response Action Ref
- DMO7 is welcomed as it could provide further support for the protection of Noted. It is recognised that contamination of land can have adverse Comments have been taken into account 012/2 groundwater resources within the city and build upon BDP Policy TP6. impacts on human health, wildlife and contribute to the pollution of and incorporated into the supporting text APPENDIX 3
- Land contamination can be a significant source of water pollution in the water bodies. BDP Policy TP6 Management of Flood Risk and Water of the policy. environment. The following principles are used when assessing the effect Resources states that “Proposals should demonstrate compliance on groundwater solutions; The Precautionary principle; Risk-based with the Humber River Basin Management Plan exploring approach; Groundwater protection hierarchy opportunities to help meet the Water Framework Directive’s targets. - We recommend these principles are incorporated into a policy addition to Development will not be permitted where a proposal would have a Policy DM07 as to deliver the Water Framework Directive. negative impact on surface water (rivers, lakes and canals) or - Where the potential consequences of a development or activity are groundwater quantity or quality either directly through pollution of serious or irreversible the precautionary principle will be applied to the groundwater or by the mobilisation of contaminants already in the management and protection of water ground.” The supporting text of the policy refers to the Environment Agency’s principles in managing risks to groundwater (the precautionary principle, risk based approach and groundwater protection hierarchy).
Alvechurch Parish Council - Agree Noted. None. 022/9
Question 11: Please give us your views on proposed Policy DM08 – Private Hire and Taxi Booking Offices
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council - No effect on Alvechurch Parish unless adjacent to existing property. Noted. None. 022/10
Question 12: Please give us your views on proposed Policy DM09 – Education Facilities - Use of Dwelling Houses
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council - May have an adverse effect through increased traffic if adjacent to Noted. Proposed policy on DM13 Highway Safety and Access and None. Comments have been taken into 022/11 existing property. DM14 Parking and Servicing addresses these impacts of account and incorporated into proposed development. The Preferred Options Document also includes a policy policy. on Day nurseries and early years provision (DM9) and a policy on Places of worship and faith related community uses (D10) which covers proposals for the use of dwelling houses for education facilities.
Question 13: Please give us your views on proposed Policy DM10 – Education Facilities – Non Residential Properties
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council - May have an adverse effect through increased traffic if adjacent to Noted. Proposed policy on DM13 Highway Safety and Access and None. Comments have been taken into 022/12 existing property DM14 Parking and Servicing addresses these impacts of account and incorporated into proposed development. The Preferred Options Document also includes a policy policy. on Day nurseries and early years provision (DM9) and a policy on Places of worship and faith related community uses (D10) which covers proposals for the use of dwelling houses for education facilities.
Question 14: Please give us your views on proposed Policy DM11 – Hotels and Guest Houses
Response from: Comments LPA Response Action Ref
Turley on behalf of Calthorpe Estates - Ensure that policy is sufficiently flexible to ensure that high quality niche Policies specifically for Restaurants/ Cafes/ Pubs and Hotels and None. 019/3 offerings are not unduly restricted by broad blanket policies. Guest Houses are not proposed in the Preferred Options Document. The proposed draft policies are unlikely to restrict niche offerings in any way.
Alvechurch Parish Council - Applicable if adjoining property in the rural adjoining parish of Alvechurch. Noted. None. 022/13
APPENDIX 3
Question 15: Please give us your views on proposed Policy DM12 – Houses in Multiple Occupation - City-wide
Response from: Comments LPA Response Action Ref
Selly Park Property Owners’ - Policy should restrict the development of HMOs where they will impact on Noted. Proposed policy DM10 HMOs and other non-family housing None. Comments have been taken into 006/4 Association. the standards of residential amenity and character the area and DM2 Amenity address the individual and cumulative impacts of account and incorporated into proposed - The cumulative effect of HMOs in an area to also be considered. HMOs on residential amenity. policy.
Summerfield Residents Association - SRA collectively registers support for the introduction of an Article 4 Comments are noted. However, this consultation relates to the The request for an Article 4 Direction for 011/1 Direction in parts of Ladywood Ward. Development Management DPD. The process for considering further parts of Ladywood Ward is noted. A city- - It would provide control over increasing concentration of Houses in Article 4 Direction area is separate to the DPD process. Justification wide analysis will be undertaken to Multiple Occupation (HMOs) in this historic residential area, which is for an Article 4 Direction is based on whether the exercise of consider the need for further Article 4 blighted with an over proliferation of such properties (including hostels). permitted development rights would undermine local objectives to Direction Areas. This work is underway - A desire to attract more families to the area as achieved by SRB6 and create or maintain mixed communities. Government guidance states and will be reported to the Corporate Housing Market Renewal Initiatives. that the use of Article 4 Directions to remove national permitted Director for Economy in February 2019. - Concerned with related ancillary issues associated with HMO’s such as development rights should be limited to situations where this is parking/anti-social behaviour necessary to protect local amenity or the wellbeing of the area. The - Concern on the proliferation of ‘To Let’ signs and associated negative potential harm that the direction is intended to address should be connotations clearly identified. It is considered that a strategic approach is needed for addressing issues with HMOs. In assessing the need for further Article 4 Directions, a city-wide analysis will be undertaken to assess the locations and concentration of HMOs. A mapping exercise of the licensed HMOs, along with Council Tax N exemptions and planning consents for Sui Generis HMOS is underway.
The introduction of the new licensing rules will require many more properties to be licenced resulting in enable a better understanding of the location and numbers of HMOs in the City. Based on analysis of this intelligence, a more robust and strategic approach to the need for consideration for further Article 4 Direction Areas can be taken to ensure that there is a sound basis for an Article Direction to be pursued. This work is underway and will be reported to the Corporate Director for Economy in February 2019.
The concern regarding the over-concentration of HMOs is acknowledged. The proposed policy DM10 HMOs and other non- family housing and DM2 Amenity seek to address the individual and cumulative impacts of HMOs on residential amenity. See draft policies in the Preferred Options Document.
Tyler Parkes on behalf of the Police and - Article 4 Areas should address the need for appropriate crime prevention Comments are noted. However, this consultation relates to the None. 016/4 Crime Commissioner for West Midlands measures in terms of location, design, layout and other infrastructure to Development Management DPD. The process for considering further (PCCWM) reduce crime and the fear of crime. Article 4 Direction area is separate to the DPD process. The requirement for development to create safe environments that design out crime and promote natural surveillance and positive social interaction is already provided through BDP Policy PG3 Place making. Detailed design guidance on creating safe places and anti- terror measures and safe buildings will be set out in the emerging Birmingham Design Guide.
Alvechurch Parish Council - Particularly applicable if adjoining property in the rural adjoining parish of Noted. None. 022/14 Alvechurch.
Ladywood District Committee - There is very strong support for this approach. Noted. The concern regarding the over-concentration of HMOs is None. 024/1 - Not every, but many, landlords do not maintain their properties or acknowledged. The proposed policy DM10 HMOs and other non- surroundings; or manage the behaviour of their tenants, leading to family housing and DM2 Amenity seek to address the individual and deterioration of neighbourhoods and tensions within local communities. cumulative impacts of HMOs on residential amenity. See draft - These properties are often occupied by vulnerable individuals; our policies in the Preferred Options Document. It is also important that concern is about landlords who seem to feel no responsibility to support adequate living conditions are provided for occupants of HMOs. The these individuals. licensing of HMOs is a separate regulatory regime to planning and seeks to secure minimum standards of accommodation fit for human habitation such as fire safety standards and access to basic facilities APPENDIX 3
such as a kitchen, bathroom and toilet.
Question 16: Please give us your views on proposed Policy DM13 – Houses in Multiple Occupation – Article 4 Areas
Response from: Comments LPA Response Action Ref
Selly Park Property Owners’ - Concern about exclusion of Bournbrook from the Article 4 area. Bournbrook was excluded from the Article 4 Direction area as it None. 006/5 Association. - Supplementary planning guidance should ensure the standards of would be ineffective due to the already high concentration of HMOs. residential amenity and character of an area are maintained and The proposed policy DM10 HMOs and other non-family housing and cumulative impact is taken into account. DM2 Amenity seek to address the individual and cumulative impacts of HMOs on residential amenity. See draft policies in the Preferred Options Document.
Summerfield Residents Association - SRA collectively register support for the introduction of an Article 4 See above response to 011/1 See above action to 011/1 011/2 Direction in parts of Ladywood Ward. - It would provide control over increasing concentration of Houses in Multiple Occupation (HMOs) in this historic residential area, which is blighted with an over proliferation of such properties (including hostels). - A desire to attract more families to the area as achieved by SRB6 and Housing Market Renewal Initiatives. - Concerned with related ancillary issues associated with HMO’s such as parking/anti-social behaviour - Proliferation of ‘To Let’ signs
Tyler Parkes on behalf of the Police and - Policies DM12 Houses in Multiple Occupation and DM13 Houses in The requirement for development to create safe environments that Detailed design guidance on creating safe 016/5 Crime Commissioner for West Midlands Multiple Occupation – Article 4 Areas, address the need for appropriate design out crime and promote natural surveillance and positive social places and anti-terror measures and safe (PCCWM) crime prevention measures interaction is already provided through BDP Policy PG3 Place buildings will be set out in the emerging - Appropriate measures suggested included location, design, layout and making. Detailed design guidance on creating safe places and anti- Birmingham Design Guide. other infrastructure to reduce crime and the fear of crime. terror measures and safe buildings will be set out in the emerging Birmingham Design Guide.
Alvechurch Parish Council - Particularly applicable if adjoining property in the rural adjoining parish of Noted. None. 022/15 Alvechurch.
Question 17: Please give us your views on proposed Policy DM14 – Flat Conversions
Response from: Comments LPA Response Action Ref
Selly Park Property Owners’ - Proposals to convert houses into flats should take into account the The proposed policy DM10 HMOs and other non-family housing and None. Comments have been taken into 006/6 Association. standards of residential amenity DM2 Amenity seek to address the individual and cumulative impacts account and incorporated into proposed - Not have an adverse impact on the character of an area. of HMOs on residential amenity. Impact of development on highway policy. - The cumulative effect should also be considered. safety and access, parking and servicing are covered by proposed - The requirement to accommodate parking on site should be given priority. policies DM13 Highway Safety and Access and DM14 Parking and Servicing. See draft policies in the Preferred Options Document.
Alvechurch Parish Council - Particularly applicable if adjoining property in the rural adjoining parish of Noted. None. 022/16 Alvechurch.
Question 18: Please give us your views on proposed Policy DM15 – Hostels and Residential Homes
Response from: Comments LPA Response Action Ref
Summerfield Residents Association - SRA collectively register support for the introduction of an Article 4 See response to 011/1 See response 011/1 011/3 Direction in parts of Ladywood Ward. - It would provide control over increasing concentration of Houses in Multiple Occupation (HMOs) in this historic residential area, which is blighted with an over proliferation of such properties (including hostels). - A desire to attract more families to the area as achieved by SRB6 and APPENDIX 3
Housing Market Renewal Initiatives. - Concerned with related ancillary issues associated with HMO’s such as parking/anti-social behaviour - Proliferation of ‘To Let’ signs
Alvechurch Parish Council - Particularly applicable if adjoining property in the rural adjoining parish of Noted. None. 022/17 Alvechurch.
Question 19: Please give us your views on proposed Policy DM16 – 45 Degree Code
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council Agree Noted. None. 022/18
Question 20: Please give us your views on proposed Policy DM17 – Planning Obligations
Response from: Comments LPA Response Action Ref
Highways England - Highways England supports the updated policy including continued use of With regard to the Sustainable Urban Extension (SUE) at Langley None. 010/5 Planning Obligations for developments not otherwise considered through and Peddimore, all on site infrastructure requirements will not be the Community Infrastructure Levy (CIL). funded by CIL and S106 contributions will instead be sought. This is - In accordance to the response for the BDP, there is requirement for an stated within the current Regulation 123 list. This will include improvement scheme at M42 Junction 9 following the Langley and improvements to Junction 9 of the M42. Peddimore developments - The above needs, as identified and recorded in the city’s Infrastructure Development Plan (IDP), were excluded from the Draft Regulation 123 list which enables these to be delivered via the CIL. Improvements, therefore, associated with these developments would need to be provided through Planning Obligations. - The updated policy should therefore be supportive of the provision of this infrastructure. Needs to be flexible, however, as to address any future infrastructure needs that may threaten the functionality of the SRN.
Tyler Parkes on behalf of the Police and - Welcomes the inclusion of Policy DM17 Planning Obligations A policy on Planning Obligations is no longer proposed in the None. 016/6 Crime Commissioner for West Midlands - Request that reference be made, either within the policy or within the Preferred Options Document as it is covered by the BDP Policy on (PCCWM) supporting justification, to the potential requirement for contributions to be Developer Contributions. made towards Police infrastructure.
Alvechurch Parish Council - Agree Noted. None. 022/19
Question 21: Please give us your views on proposed Policy DM18 – Telecommunications
Response from: Comments LPA Response Action Ref
Mono Consultants on behalf of Mobile - We consider it important that there is a specific telecommunications policy Noted. Comments have been taken into account and incorporated Comments have been taken into account 014/1 Operators Association within the emerging DM DPD is line with national guidance provided in into proposed policy. and incorporated into proposed policy. Section 5 of the NPPF. - When considering applications for telecommunications development, the planning authority should consider operational requirements of telecommunications networks and the technical limitations of the technology.- - “Proposals for telecommunications development will be permitted provided that the following criteria are met (i) the siting and appearance of the proposed apparatus and associated structures should seek to minimise impact on the visual amenity, character or appearance of the surrounding area; (ii) if on a building, apparatus and associated structures should be sited and designed in order to seek to minimise impact to the APPENDIX 3
external appearance of the host building; (iii) if proposing a new mast, it should be demonstrated that the applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Such evidence should accompany any application made to the (local) planning authority. (iv) If proposing development in a sensitive area, the development should not have an unacceptable effect on areas of ecological interest, areas of landscape importance, archaeological sites, conservation areas or buildings of architectural or historic interest.
Alvechurch Parish Council - Masts or other equipment seen from Alvechurch parish or other bordering The provision of advanced high quality communications infrastructure None. 022/20 authority’s properties should not be considered. to serve local business and communities plays a crucial role in the national and local economy. The proposed policy for Telecommunications seeks to ensure the right balance is struck between providing essential telecommunications infrastructure and protecting the environment and local amenity.
Question 22: Please give us your views on proposed Policy DM19 – Aerodrome Safety
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council Not applicable to Alvechurch Noted. None. 022/21
Question 23: Please give us your views on proposed Policy DM20 – Tree Protection
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council Agree. Noted. None. 022/22
Question 24: Please give us your views on proposed Policy DM21 – Advertisements
Response from: Comments LPA Response Action Ref
Highways England - Highways England would be supportive of a policy which provides greater Noted. The proposed policy for Advertisement (DM7) seeks to ensure None. Comments have been taken into 010/6 detail and guidance in determining decisions on relevant planning that they are designed to a high standard and are suitably located, account and incorporated into proposed applications for advertisements, in relation to road safety. sited and designed to have no detrimental impact on public and policy. - Ongoing consultation on the drafting of this policy, to mitigate the potential highway safety or to the amenity of the area. for any adverse impacts on the safety and functionality of the SRN would be desirable.
Turley on behalf of Aberdeen Asset - Policies of particular interest to AAM are proposed policies DM21 Noted. The proposed policy on Advertisements strikes the right None. 013/2 Management ‘Advertisements’ and DM23 ‘Design’. balance between flexibility and protection of the character of - The Council should seek to ensure that there is sufficient flexibility within buildings and the surrounding area. the policies to ensure that developers are not overly restricted in what they are able to do.
Steve George, Managing Director, - BCC’s objective, in our view, has been to develop futuristic iconic displays Noted. None. 017/1 Signature Outdoor in city centre locations. - The balance of providing social and commercial opportunities through the network has seen the reduction of overall displays and the eradication of traditional displays must be considered as progress.
Turley on behalf of Calthorpe Estates - ‘Advertisements’ should be efficient, effective and simple in concept and Noted. As well as public safety and amenity the proposed policy None. 019/4 operation. seeks to ensure that advertisements are well designed and relate - Advertisements which will clearly have an appreciable impact on a well in scale and character to a building or surrounding area. building or on their surroundings should be subject to detailed assessment. APPENDIX 3
- Advertisements should be subject to control only in the interests of amenity and public safety.
Primesight - Care must be taken to ensure that such policies do not conflict with the Noted. As well as public safety and amenity the proposed policy None. 021/2 strict requirements of the 1990 (controlled in the interests of amenity and seeks to ensure that advertisements are well designed and relate public safety). well in scale and character to the building/ structure it is located on - The promotion of innovation in advertising and signage in the interests of and the surrounding area. amenity and public safety - Recognition of the positive role that advertising can play when appropriately designed and sited. - Recognition of the existing amenity of a site and street scene when assessing the relative impact of a proposed advertisement scheme.
Susan Fleming on behalf of Clear - The Development Plan and subsequent policy adopted must not constrain The proposed policy will not constrain advertisements but ensure that None. 025/5 Channel UK Ltd or prevent sensible large format media/digital advertising advertisements are well designed, relate well in scale and character to a building or surrounding area and are suitably located, sited and designed having no detrimental impact on public and highway safety or to the amenity of the area.
Alvechurch Parish Council - Masts visible from the Alvechurch Parish or adjoining authority could have Noted. None. 022/23 a possible negative impact
Question 25: Please give us your views on proposed Policy DM22 – Places of Worship
Response from: Comments LPA Response Action Ref
None None
Question 26: Please give us your views on proposed Policy DM23 – Design
Response from: Comments LPA Response Action Ref
Environment Agency - Policy DM23 recommend consideration of how developments will interact Detailed design guidance on how development should be designed Comments to be taken into account in the 012/3 with rivers and streams that flow through their boundaries in order to to contribute to the green and blue infrastructure in the city will be Birmingham Design Guide. adequately integrate them. contained within the emerging Birmingham Design Guide. - Should build upon and provide further clarity to the requirements of BDP Policy TP6. - This policy should be drafted in consultation with your Lead Local Flood Authority who have responsibility for maintaining Ordinary Watercourses within the city.
Turley on behalf of Aberdeen Asset - Proposed policy DM23 is of particular interest to AAM given the central Noted. None. 013/3 Management location of City Centre House in the retail core.
Tyler Parkes on behalf of the Police and - The PCCWM supports Policy DM23 Design in its consideration of crime See response to 016/2 See response to 016/2 016/7 Crime Commissioner for West Midlands and disorder. (PCCWM) - Requirements for proposals to meet ‘Secured by Design’ principles when considering elements such as shop fronts, housing, tall buildings, hard and soft landscaping etc. would be welcomed.
Turley on behalf of Calthorpe Estates - Policy DM23, is of particular interest given the proposals identified in the Noted. A policy for Design is no longer proposed in the Preferred None. Detailed design guidance will be 019/5 Edgbaston Planning Framework. Options Document as it is considered to be covered by BDP Policy provided through the emerging - The policies need to be sufficiently flexible as to respond to areas historic PG3 Place-making. Detailed design guidance will be provided Birmingham Design Guide. character and of retailing. through the emerging Birmingham Design Guide.
Primesight - An overarching design policy that is clearly integrated with advertisement Noted. A policy for Design is no longer proposed in the Preferred None. Detailed design guidance will be 021/3 policy is welcomed. Options Document as it is considered to be covered by BDP Policy provided through the emerging PG3 Place-making. Detailed design guidance will be provided Birmingham Design Guide. through the emerging Birmingham Design Guide.
APPENDIX 3
Alvechurch Parish Council - Properties close to the Birmingham boundary in Alvechurch Parish or Noted. None. 022/24 adjoining authority could be thought as having a potential to be negatively affected by design.
Question 27: Please give us your views on proposed Policy DM24 – Residential Amenity and Space Standards
Response from: Comments LPA Response Action Ref
Alvechurch Parish Council - Agree. Noted. None. 022/25
Question 28: Please give us your views on Enforcement
Response from: Comments LPA Response Action Ref
Selly Park Property Owners’ - Council should continue to take action to prevent the continuation of Noted. A policy for Enforcement is no longer proposed in the None. 006/7 Association. development where breaches in planning regulations have occurred. Preferred Options Document. The Council instead will be preparing a - Where an applicant seeks retrospective consent, development should be Local Enforcement Plan which will set out its policy and procedure for prevented until this is approved. enforcing planning control and handling planning enforcement issues. - Council to make full use of powers to prevent unauthorised development and curb flagrant abuses as required, considering the merits of each case individually - Local interest groups to be recognised as a good source of information ‘on the ground’ to ‘police’ unauthorised developments in an area. Alvechurch Parish Council - Supported, if enforcement is carried out properly on any development that Noted. None. 022/26 may negatively impact on bordering authority properties.
Question 29: Do you have any comments about the assessment of existing policies in Appendix 1?
Response from: Comments LPA Response Action Ref
Dr Mike Hodder on behalf of Council for - The retention of the Archaeology Strategy SPG and the Regeneration The Archaeology Strategy SPG and the Regeneration through Comments to be taken into account in the 015/3 British Archaeology, West Midlands through Conservation SPG is welcomed Conservation SPG will be superseded by the Birmingham Design Birmingham Design Guide. - The Archaeology Strategy SPG, like the Regeneration through Guide SPD once adopted. Conservation SPG, should be absorbed within, and superseded by, the Historic Environment SPD when that is produced.
Tony Thapar on behalf of Moseley - Concerned with conservation of the Moseley character Policies in the BDP seek to value, protect, enhance and manage the None. 027/1 Regeneration Group - Ensure that there is a diverse range of housing tenures in the historic environment. The Moseley SPD, adopted in 2014, sets out a neighbourhood. vision for Moseley. One of the objectives is to protect its historical - Concerned with revoking area of restraint for Moseley/ Sparkbrook. legacy. The Moseley Regeneration Group has led on the preparation of the SPD and the development of detailed guidance in relation to the protecting and enhancing the character of Moseley.
BDP policies TP27 and TP30 require development to contribute to creating sustainable neighbourhoods characterised by a wide choice of housing sizes, types and tenures to ensure balanced communities.
The Areas of Restraint are very out dated and can only be afforded limited weight. It is considered that the issues which the Areas of Restraint seek to address can be adequately covered by existing BDP policies and the proposed policies in the Preferred Options Document namely BDP Policy TP27, TP30, PG3, DM2, DM10, DM13 and DM14.
Primesight - It is proposed to revoke this SPG rather than update it. It is unclear why a The Location of Advertisement Hoardings SPG is regarded as being None. 021/4 different approach has been taken to that of the Large Format Banners out-of-date, as it does not address more recent developments such SPD, which on the face of it performs a comparable role. We look forward as digital media. Some of the content should be included in the DPD to receiving the consultation on the draft of the section to be retained in policy. the new policy DM21. APPENDIX 3
Question 30: Do you have any other comments? For example, do you think we have omitted anything, or are there any alternative options?
Response from: Comments LPA Response Action Ref
North Warwickshire Borough Council - Possible strategic issues relating to policies DM04/06/09/10/11/07 and Noted An ongoing dialogue with NWBC will be 001/1 implementation arising from the cumulative impact of development to the required. east of Birmingham.
Stafford Borough Council - Stafford Borough Council do not have any key issues or concerns with the Noted. None. 004/1 DPD.
The Coal Authority - We have no specific comments to make at this stage. Noted. None. 005/1
Historic England - Historic England welcomes the continued reference and commitment to Detailed design guidance on how development should be designed Comments to be taken into account in the 003/1 the preparation of a Historic Environment SPD to enable the effective to value, protect, enhance and manage the historic environment will Birmingham Design Guide. delivery of Policy TP12 of the BDP. be contained within the emerging Birmingham Design Guide.
Environment Agency - Suggestion of an additional policy entitled ‘Environmental Protection – BDP Policy TP6 (as modified) provides city-wide strategic policy on 012/4 Water’ as to build on BDP Policy TP6. flood risk and the water environment. Consequently, an additional None. - Policies should ensure that development does not comprise the ability to policy as suggested is not considered necessary. meet the required WFD objective of Good Status. To accomplish this we recommend: - A Water Cycle Study to pull together all the available information on water resource availability and water quality to inform detailed development management policies. This should be undertaken in liaison with Severn Trent Water and the Environment Agency with reference to the Humber River Basin Management Plan (RBMP). - A policy is required regarding foul drainage infrastructure. The increased volume of waste water and sewage effluent produced by the proposed additional 50,000 dwellings will need to be treated to a high enough standard, it is likely that a blanket policy is required to cover all developments and ensure the sewerage system has adequate capacity to manage any additional flows. We suggest the following condition wording to be included within this DPD, as supported by Severn Trent water’s Hearing Statement.
Frankley Parish Council - Brownfield across Greater Birmingham and Solihull LEP and the Black Comments are noted. However, this repeats comments made in None. 002/1 Country Authorities should be utilised prior to Green Belt. connection with the Birmingham Development Plan Modifications, - Sites within these areas and those within the Authorities identified in the and does not relate to the content or purpose of the DM DPD. Duty to Co-operate as having capacity for housing should be examined. Deliverable / developable land in the Black Country provides capacity for around 65,000 dwellings, offering land for employment and housing. - The projected housing numbers should be reviewed to ensure they are accurate. Many of the reports regarding migration are 5 years old. Until the population statistics and housing requirements are justified, the Green Belt should remain untouched.
Selly Park Property Owners’ - Concerns surrounding the concentration of student development in Selly Noted. The BDP contains a policy in relation to proposals for purpose None. 006/8 Association. Oak destroying neighbourhood character. A more balanced approach to built student accommodation (Policy TP33 Student accommodation). land-use would be welcomed Development must have an unacceptable impact on the local - Car parking concerns arising from purpose built student housing neighbourhood and residential amenity. As set out in the Preferred developments that have no associated parking facilities. Options Document, all should ensure that the operational and parking needs of development are met and avoid highway safety problems and protect the local amenity and character of the area.
Lichfield District Council - We have no issues to raise. Noted. None. 008/1
Health & Safety Executive - When consulted on land-use planning matters, HSE where possible will Noted. Supporting text to the proposed policy DM3 land affected by Comments taken into account in proposed 007/1 make representations to ensure that compatible development within the contamination and hazardous substances states that decisions will policy DM3 land affected by APPENDIX 3
consultation zones of major hazard installations and major accident take into account the advice of the HSE, together with guidance in contamination and hazardous substances hazard pipelines (MAHPs) is achieved. HSE’s Land Use Planning Methodology. - Detailed technical advice provided. Sandwell MBC - We do not feel this DPD raises any strategic issues. Noted. None. 009/1
BCC Transportation - Addition of a transport policy to address detailed considerations in respect Noted. Comments taken into account in proposed policy DM13 Comments taken into account in proposed Internal of planning applications, planning conditions, car parks, the Parking Highway Safety and Access and DM14 Parking and Servicing. policy DM13 Highway Safety and Access Guidelines SPD and potential Travel Plans SPD. and DM14 Parking and Servicing.
Dr Mike Hodder on behalf of Council for - Suggest that the DPD contains cross-references to BDP policies and a Cross reference to relevant BDP and other local plan policies and No further action. Comments have been 015/4 British Archaeology, West Midlands table, similar to Table 3 in the Appendix of the consultation document, guidance has been included. An appendix in the Preferred Options taken into account. which lists topics that are not included in the Development Management Document lists the topics that are not included in the Preferred DPD because they are covered by BDP policies. Options Document.
Natural England - Natural England does not consider that this Development Management Noted. None. Natural England is a Specific 020/1 DPD poses any likely risk or opportunity in relation to our statutory Consultation Body and will continue to be purpose, and so does not wish to comment on this consultation. This does consulted in accordance with the not mean there are no impacts on the natural environment. Development Plan Regulations.
Tyler Parkes on behalf of the Police and - Additional policies requested (see below) The requirement for development to create safe environments that Detailed design guidance on creating safe 016/8 Crime Commissioner for West Midlands - Development management policies specific to Listed Buildings and design out crime and promote natural surveillance and positive social places and anti-terror measures and safe (PCCWM) Conservation Areas. Consideration could be given to the use of interaction is already provided through BDP Policy PG3 Place buildings will be set out in the emerging alternative materials and/or artefacts which are less likely to be vulnerable making. Detailed design guidance on creating safe places and anti- Birmingham Design Guide. to repeat theft. The policy should suggest the use of ‘alternative’ materials terror measures and safe buildings will be set out in the emerging to replace building materials and artefacts stolen to reduce crime and the Birmingham Design Guide. fear of crime - Policies requiring a comprehensive maintenance programme to offer sustainability for buildings once they have been constructed, this might include: The regular pruning and trimming of trees and bushes to encourage surveillance and prevent concealment, the removal of graffiti and signs of vandalism, regular litter and waste patrols. - Another recommendation includes the formulation of a policy, SPD, or model conditions that seeks to control the design and location of ATMs. Examples of ‘model’ conditions include, adequate lighting, defensible space, CCTV, anti-ram barriers, dedicated parking areas.
Severn Trent Water - No specific comments to make, but please keep us informed. Noted. Consult at next stage of consultation. 018/1
Turley on behalf of Calthorpe Estates - DM03 and DM11 should be sufficiently flexible to ensure that high quality The proposed draft policies are unlikely to restrict niche offerings in None. 019/6 niche offerings are not unduly restricted by blanket policies intended to any way. deal with more standard / typical developments as to create a vibrant urban village. - The DPD should ensure that there is sufficient flexibility creating a more interesting built environment befitting of a world class city.
Alvechurch Parish Council - No Transport policy to consider cross boundary transport integration. Cross boundary transport integration is a strategic planning None. 022/27 consideration which is addressed in the BDP.
The Moseley Society - We will be very interested to see the detailed policies when they are Noted. A policy for Enforcement is no longer proposed in the None. 023/1 published for consultation. Preferred Options Document. The Council instead will be preparing a - We welcome a new statement on Enforcement and hope that Local Enforcement Plan which will set out its policy and procedure for enforcement receives sufficient resources. enforcing planning control and handling planning enforcement issues.
Castle Bromwich Parish Council - Councillors to reply individually to consultations rather than submit a Noted. None. 026/1 ‘parish council’ view.