BIRMINGHAM CITY COUNCIL

PLANNING COMMITTEE 10 OCTOBER 2019

MINUTES OF A MEETING OF THE PLANNING COMMITTEE HELD ON THURSDAY, 10 OCTOBER 2019 AT 1100 HOURS IN COMMITTEE ROOMS 3 AND 4, COUNCIL HOUSE,

PRESENT:-

Councillor Karen McCarthy in the Chair;

Councillors Bob Beauchamp, Maureen Cornish, Diane Donaldson, Julie Johnson, Mohammed Fazal, Peter Griffiths, Adam Higgs, Keith Linnecor, Gareth Moore, Lou Robson and Mike Ward.

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PUBLIC ATTENDANCE

7193 The Chair welcomed members of the public to the meeting, indicating that a leaflet had been circulated explaining how the Committee operated. She stressed that, because the Committee was a quasi-judicial one, no decisions had been made before the meeting. ______

NOTICE OF RECORDING

7194 The Chair advised, and the Committee noted, that this meeting would be webcast for live or subsequent broadcast via the Council’s Internet site (www.civico.net/birmingham) and members of the press/public could record and take photographs except where there were confidential or exempt items. ______

DECLARATIONS OF INTEREST

7195 The Chair reminded Members that they must declare all relevant pecuniary and non-pecuniary interests arising from any business to be discussed at this meeting. If a disclosable pecuniary interest is declared a Member must not speak or take part in that agenda item. Any declarations will be recorded in the Minutes of the meeting. ______

APOLOGIES

7196 Apologies were submitted on behalf of Zhor Malik and Saddak Miah for their inability to attend the meeting. ______

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Planning Committee – 10 October 2019

CHAIR'S ANNOUNCEMENTS

7197 The Chair advised that the next few meetings of this Committee would be held on 24 October, 7 November and 21 November 2019. ______

MINUTES

7198 The Chair advised that the previous Minutes to be considered related to the meeting on 12 September 2019 and that the Minutes of 15 August and 29 August 2019 (mentioned in the agenda) had been agreed at the last meeting.

The Minutes of the meeting of the Committee held in public on 12 September 2019, having been previously circulated, were agreed and confirmed by the Committee. ______

MATTERS ARISING

7199 Councillor Gareth Moore referred to Minute No 7146 under Matters Arising on Page 4538 and his concern regarding advertising signs belonging to Ocean.

The Assistant Director, Inclusive Growth, advised that sites around the City Centre and beyond were being reviewed and he noted the site on the Ring Road to which Councillor Gareth Moore had drawn attention. ______

NOTIFICATIONS BY MEMBERS OF PLANNING APPLICATIONS THAT THEY CONSIDER SHOULD BE DETERMINED BY COMMITTEE

7200 a) Councillor Mike Ward requested that the following planning application be submitted to a future meeting of the Committee:-

2019/05732/PA - 71 Severne Road, Acocks Green, Birmingham B27 7HJ.

b) Councillor Lou Robson requested that the following planning application be submitted to a future meeting of the Committee:-

2019/06936/PA - Ashley House, 1143 Stratford Road, Hall Green, Birmingham B28 8AU. ______

PETITIONS

7201 There were no petitions submitted to this meeting. ______

The business of the meeting and all discussions in relation to individual planning applications including issues raised by objectors and supporters thereof was available for public inspection via the web-stream.

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Planning Committee – 10 October 2019

REPORTS OF THE STRATEGIC DIRECTOR, INCLUSIVE GROWTH

The following reports were submitted:-

(See Document No. 1)

Planning Applications in respect of the City Centre Area

Report No 9 – The Flapper Public House, Kingston Row, City Centre, Birmingham B1 2NU – 2018/08647/PA

The Area Planning Manager (City Centre) advised that an addendum had been circulated setting out 6 further letters of objection received since circulation of the agenda and the response to them. Subsequently, 3 more letters of objection had been received, as well as a further letter from an existing objector, which were summarised by the Area Planning Manager.

An objector spoke against the application.

The applicant’s Planning Consultant spoke in favour of the application.

Members commented on the application and the Area Planning Manager (City Centre) responded to comments made.

Councillor Peter Griffiths proposed that consideration of the application be deferred pending a site visit.

Councillor Diane Donaldson seconded the proposal.

Upon being put to the vote it was 10 in favour, 0 against, 1 abstention -

7202 RESOLVED:-

That consideration of the application be deferred pending a site visit. ______

Report No 10 - Former CEAC Building, Corner of Jennens Road & James Watt Queensway, City Centre, Birmingham B4 7PS – 2019/04239/PA

The Area Planning Officer (City Centre) informed Members that 1 letter of objection had been received from Aston University and that a further letter of objection had been received from a local landowner who had previously commented. Aston University’s concerns were summarised and new issues raised by the additional objection were flagged. Attention was drawn to responses from the applicant in relation to those objections and a series of updates to the report were given. Additional conditions were requested relating to archaeology, glazing noise barriers and noise insulation and the removal of Condition No 28 was clarified. Minor alterations to the resolution were identified.

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Planning Committee – 10 October 2019

Members commented on the application and the Area Planning Officer responded. Councillor Lou Robson proposed that consideration be deferred for additional information on design, the heritage impact and affordable housing levels. The proposal was seconded by Councillor Keith Linnecor, who requested additional information regarding the views of the Birmingham Airport Authority.

The Chair put the proposal to defer consideration of the application for further information to a vote and by 11 in favour, 0 against and 0 abstentions it was -

7203 RESOLVED:-

That consideration of the application be deferred pending further information and the application be brought back to this Committee for decision. ______

Planning Applications in respect of the North West Area

Report No 11 - 278 Birmingham Road, Sutton Coldfield, Birmingham B72 1DP – 2019/05048/PA

The Area Planning Manager (North West) advised that a further representation had been received from Councillor Alex Yip reiterating his previous submitted objections.

An objector spoke against the application.

A supporter spoke in favour of the application.

The Area Planning Manager (North West) responded to the comments made.

Members commented on the application. The Area Planning Manager (North West) and the Transportation Officer responded to comments made.

Upon being put to the vote it was 6 in favour, 5 against and 1 abstention -

7204 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 12 - Land at Rear of 38 Holbeche Road, Sutton Coldfield, Birmingham B75 7LL – 2019/06149/PA

The Area Planning Manager (North West) advised that further responses had been received from the City Ecologist, raising no objections, an agreement with Waste Services had been reached and that the Transportation Department had requested an additional condition relating to the provision of pedestrian visibility splays.

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Planning Committee – 10 October 2019

Members commented on the application and Councillor Peter Griffiths advised that he had been the Cabinet Member for Housing and Neighbourhoods at the time when modular housing had been proposed, but that he had not commented on this application.

The Area Planning Manager (North West) responded to the comments made.

Upon being put to the vote it was 7 in favour, 4 against and 0 abstentions –

7205 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report and the following additional condition:

Requires pedestrian visibility splays to be provided - A pedestrian visibility splay of 3.3 metres by 3.3 metres by 0.6 metres shall be incorporated at the access point before the access point is first used and thereafter maintained. Reason: In order to ensure the safe movement of pedestrians using the adjacent highway in accordance with Policies PG3 and TP44 of the Birmingham Development Plan 2017 and the National Planning Policy Framework ______

Report No 13 - Land Fronting Aston Lane, Bounded by Aston Lane to the North and Birchfield Road (A34) to the West, Perry Barr, Birmingham B20 3BU – 2019/06054/PA

Councillor Bob Beauchamp expressed concern regarding graffiti on boarding around the site and requested that the issue be addressed.

Upon a vote 11 in favour, 0 against, 0 abstention it was

7206 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 14 - 6 Perry Avenue, Birmingham B42 4NF – 2019/00467/PA

Upon a vote it was 11 in favour, 0 against, 0 abstentions -

7207 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

At 1225 hours, the Chair proposed and Members agreed that the meeting be adjourned for 5 minutes to enable a ‘comfort’ break.

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Planning Committee – 10 October 2019

The meeting resumed at 1230 hours.

Planning Applications in respect of the East Area

Report No 15 - Land South of the River Tame, Between Hurricane Park and Castle Bromwich Business Park, Castle Vale, Birmingham – 2019/02210/PA

Upon a vote it was 11 in favour, 0 against, 0 abstentions –

7208 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 16 - Former Ward End Ex-Services Mens Club, 87 Ward End Park Road, Birmingham B8 2XB – 2019/04714/PA

At the request of Councillor Julie Johnson, the Area Planning Manager (East) confirmed that he would notify the local Ward Councillor of contribution requested in relation to Ward End Park under Condition No 19.

Upon being put to the vote it was 11 in favour, 0 against, 0 abstentions -

7209 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 17 - Land On Kestrel Avenue, Yardley, Birmingham B25 8QU – 2019/01042/PA

Upon being put to the vote it was 11 in favour, 0 against, 0 abstentions -

7210 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 18 - Land off Packington Avenue, Rear of 1-5 Walsham Croft, Shard End, Birmingham B34 7QY – 2019/06560/PA

The Area Planning Manager (East) advised that 2 additional responses had been received. The City’s Ecologist and Police had expressed no objection.

Upon being put to the vote it was 10 in favour, 1 against, 0 abstentions –

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Planning Committee – 10 October 2019

7211 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 19 - Land to Rear of 37-51 Alderpits Road, Shard End, Birmingham B34 7RP- 2019/06150/PA

Upon being put to the vote it was 9 in favour, 2 against and 0 abstentions –

7212 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 20 - 3 Elmdon Road, Acocks Green, Birmingham B27 6LJ – 2019/01470/PA

The Area Planning Manager (East) advised that a further objection had been received from Acocks Green Focus Group reiterating their previous comment that they understood that a local Police Officer had objected to the application and requesting that the Committee make a site visit. An email had been received from the applicant stating that they had spoken with local Police Officers, receiving a positive response, and would be speaking with them again in the next week. The applicant had asked that the Committee be reminded that the site would be regulated by Ofsted and would be subject to a yearly inspection.

Members commented on the application and the Area Planning Manager (East) responded to those comments.

Councillor Diane Donaldson proposed that consideration of the application be deferred to enable further information to be obtained regarding the concerns raised by the local Police Officer. The proposal was seconded by Councillor Mike Ward.

Councillor Gareth Moore expressed concern that the application should be refused as he had policy concerns regarding C2 use of detached houses and felt that the application would not be compliant with policy.

The Chair put the proposal to defer consideration of the application for further information to a vote and by 1 in favour, 5 against and 5 abstentions the proposal was defeated.

Members commented further on the application and the Area Planning Manager (East) responded to those comments.

Upon determination of the application to defer minded to refuse being put to the vote it was 4 in favour, 6 against and 1 abstention -

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Planning Committee – 10 October 2019

7213 RESOLVED:-

That planning permission be deferred minded to refuse on the grounds that the application would not be compliant with policy. ______

Planning Applications in respect of the South Area

Report No 21 - Warwickshire County Cricket Ground, Land at East of Pershore Road and North of Edgbaston Road, Edgbaston, Birmingham B5 – 2018/05638/PA

Members commented on the application and the Area Planning Manager (South) responded to those comments.

Upon being put to the vote it was 11 in favour, 0 against and 0 abstentions -

7214 RESOLVED:-

i) That consideration of application 2018/05638/PA be deferred pending the completion of a Section 106 legal agreement to secure:

a) £825,000 off-site contribution towards affordable housing (BMHT schemes in the locality);

b) £130,000 off-site POS/play space contribution (to be directed towards );

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.);

d) Local Employment and Skills Agreement;

e) Payment of a £10,000 monitoring and administration fee associated with the legal agreement.

ii) 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:

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.

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Planning Committee – 10 October 2019

iii) That the City Solicitor be authorised to prepare, seal and complete the appropriate legal agreement.

iv) 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 in the report. ______

Report No 22 - Land off Kings Road, Kings Heath, Birmingham B14 – 2019/03026/PA

The Area Planning Manager (South) gave an update advising that 54 letters of support had been received and 3 further letters of objection had been submitted. Most of the issues raised in the objections had been covered already in the officer report and the only additional issue related to private right of access possibly being affected, which would be a private matter. Emails had been sent to Members by Councillor Lisa Trickett, regarding the transport and traffic reports and the national space standards, and from an objector, regarding the potential removal of the highways reason for refusal. The applicant had emailed to the Chair responding to issues raised, advising how construction traffic would be managed and confirming that they had met with local Councillors.

Members commented on the application and the Area Planning Manager (South) responded to those comments.

Upon being put to a vote it was 5 in favour, 4 against and 2 abstentions -

7215 RESOLVED:-

i) That consideration of planning application 2019/03026/PA be deferred pending the completion of a planning obligation agreement to secure the following:

a) The on-site provision of a minimum of 35% affordable housing, all of which will be affordable rent;

b) Off-site open space contribution of £183,275 to improve and maintain facilities at Kings Terrace Play Area and ; and

c) Payment of a monitoring and administration fee associated with the legal agreement of £6414.65.

ii) In the absence of a suitable planning obligation agreement being completed to the satisfaction of the Local Planning Authority on or before 3rd October 2019 the planning permission be refused for the following reasons:

In the absence of any suitable legal agreement to secure a financial contribution towards off site affordable housing the proposal would be contrary to TP31 of the Birmingham Development Plan and NPPF.

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iii) That the City Solicitor be authorised to prepare, seal and complete the planning obligation.

iv) That, in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority on or before 3rd October 2019, favourable consideration be given to this application subject to the conditions listed in the report. ______

Report No 23 - Land Adjacent to 4 Vicarage Road, Kings Heath, Birmingham B14 7RA – 2019/01089/PA

At this point in the proceedings, Councillor Maureen Cornish left the meeting.

The Area Planning Manager (South) gave an update advising that 1 letter of objection had been received, expressing concerns that there was no condition to manage construction traffic, there was loss of parking and the proposal was not in keeping with the local area.

Upon being put to a vote it was 10 in favour, 0 against and 0 abstentions -

7216 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 24 - YMCA Northfield, 200 Bunbury Road, Northfield, Birmingham B31 2DL – 2019/03417/PA

Councillor Diane Donaldson declared a pecuniary interest as a Trustee of the YMCA and left for room before this application was considered.

Members commented on the application and the Area Planning Manager (South) responded to those comments.

Upon being put to a vote it was 8 in favour, 1 against and 0 abstentions -

7217 RESOLVED:-

That planning permission be granted subject to the conditions set out in the report. ______

Report No 25 - Report Back Following Site Visit on 3 October 2019 – 7 Pakenham Road, Edgbaston, Birmingham B15 2NE – 2019/04459/PA

The Area Planning Manager (South) outlined details of the update circulated to Members prior to the meeting.

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Councillor Lou Robson expressed concern at the effect of the proposed extension on the property at 6 Pakenham Road, particularly with regard to light limitations, and also at the heritage impact as it was within a conservation area. The Chair advised that a vote against the application would constitute a deferral, minded to refuse, taking into account the grounds just suggested. The Area Planning Manager (South) noted the heritage impact concerns and advised that Members might wish to take into account also that the properties on either side of 7 Pakenham Road had listed status.

Upon being put to a vote it was 3 in favour, 5 against and 1 abstention -

7218 RESOLVED:-

That consideration of the application referred to in the report be deferred with the Committee mindful to refuse. ______

VISITS TO SITES IN CONNECTION WITH PLANNING APPLICATIONS

7219 The Chair proposed a site visit to The Flapper Public House, Kingston Row, City Centre, Birmingham B1 2NU on Thursday, 17 October 2019 and noted, on a show of hands, that 3 Members would be available on that date. She requested that officers ascertained the availability of the 2 Members who had left the meeting earlier in the proceedings and Members agreed that a suitable date for the site visit be arranged following the meeting. ______

OTHER URGENT BUSINESS

7210 No other urgent business was raised. ______

AUTHORITY TO CHAIR AND OFFICERS

7211 RESOLVED:-

That in an urgent situation between meetings the Chair, jointly with the relevant Chief Officer, has authority to act on behalf of the Committee. ______

7212 RESOLVED:-

That, in view of the nature of the business to be transacted, which includes the following exempt information, the public be now excluded from the meeting:-

Agenda Item etc Paragraph of Exempt Information Under Revised Schedule 12A of the Local Government Act 1972

Private Minutes. 3 ______

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