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Birmingham City Council Planning Committee 17 March 2016

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Birmingham City Council Planning Committee 17 March 2016 Birmingham City Council Planning Committee 17 March 2016 I submit for your consideration the attached reports for the City Centre team. Recommendation Report No. Application No / Location / Proposal Refuse 8 2015/10093/PA 30-34 River Street Digbeth Birmingham B5 5SA Retrospective application for change of use from light industrial/general industry (B1/B2) to assembly and leisure (use class D2) and alterations to existing roof Page 1 of 1 Director of Planning and Regeneration Committee Date: 17/03/2016 Application Number: 2015/10093/PA Accepted: 21/12/2015 Application Type: Full Planning Target Date: 21/03/2016 Ward: Nechells 30-34 River Street, Digbeth, Birmingham, B5 5SA Retrospective application for change of use from light industrial/general industry (B1/B2) to assembly and leisure (use class D2) and alterations to existing roof Applicant: Miss Olivia Rhoden 30-34 River Street, Digbeth, Birmingham, B5 5SA Agent: Recommendation Refuse 1. Proposal 1.1. Retrospective consent is sought for the change of use of the premises from light industrial/general industry (use class B1/B2) to assembly and leisure (use class D2). 1.2. The applicants have stated that the intention is to use the space for performance and digital arts free for anyone who wants to learn or advance their skills. 1.3. Internal layout plans show 4 separate rooms consisting of a large exhibition area, a further exhibition space with bar, a dance studio and refreshment lounge consisting of toilets, bar and cloakroom/customer pay desk. The main access is proposed from River Street. 1.4. The applicant has stated that a license to sell alcohol during events would be sought. 1.5. The proposed hours of operation are 10:00 to 03:00 Monday to Friday and 24 hours of opening Saturdays and Sundays. 1.6. The venue has potential capacity for approximately 1500 to 2000 people which is similar to that of the Institute events venue on High Street Deritend. 1.7. 11 full time and 25 part time employees are proposed. 1.8. The application form stated that alterations are proposed to the existing roof to facilitate sound proofing measures however there are no changes shown on the proposed plans and there have been no details submitted with respect to roof alterations. Roof plans were not submitted with the application. Page 1 of 8 1.9. The design and access statement also refers to minor alterations to the existing front entrance and rear door however these have not been shown on the submitted plans. Elevational plans were not submitted with the application. 1.10. Supporting information was submitted regarding crowd control and a queueing system is proposed to the rear of the building away from residential flats. A pre- arranged taxi stand is proposed on Barn Street and security staff and marshall patrons would be employed. The smoking area would be located outside the rear fire exit into a privately owned car park for larger events. All events that finish post 3am would exit via a rear fire exit through the car park and onto Barn Street. It is noted these areas to the rear of the building are not within the red line boundary of the application site, and it is not clear if they are under the control of the applicant. 1.11. No parking provision has been proposed. 1.12. A noise report, design and access statement and Flood Risk Report have been submitted in support of the application. 1.13. The site area is approximately 1980sqm. 1.14. Link to Documents 2. Site & Surroundings 2.1. The application site is an industrial building of red brick construction and the existing floor plans show 4 separate industrial rooms with offices, kitchen and staff toilets at first floor mezzanine level. The front elevation is made up of a series of roller shutters at ground floor level and metal windows at first floor mezzanine level. 2.2. The site is located within a mixed commercial/industrial area however there are 3 residential flats located approximately 40m away at The Bond, 180-182 Fazeley Street (locally listed). The site is located within the Digbeth, Deritend and Bordesley High Streets Conservation Area. The rear of the building bridges the River Rea. 2.3. Site Location Plan 3. Planning History 3.1. 13/07/1993 - 1993/02177/PA. Alterations to elevations and construction of vehicle access. Approved subject to conditions. 3.2. 01/03/1956 – 11822008. Demolition and rebuilding of office block and factory entrance. Approved. 3.3. 30/09/1948/PA – 00880000. Rebuilding of roof over yard following a fire. Approved. 18 Barn Street 3.4. 01/07/1954 – 11822002. Conversion of first floor offices to caretaker’s flat. Approved. 4. Consultation/PP Responses Page 2 of 8 4.1. Transportation Development – Recommend a temporary consent to monitor the impact on the highway, a restriction on the use (D2 use has the potential for various activities) and to restrict planning consent to this applicant only. 4.2. Regulatory Services – Recommend refusal on the grounds that the use would cause noise and disturbance to local residents due to the proposed excessive opening hours throughout the night. 4.3. West Midlands Police object to the application and have made the following observations: • The site has been refused several licence applications, • A number of temporary events notices were issued for the site • residents nearby have complained when events have taken place in the past • The exact capacity of the venue should be clarified • Concerns regarding noise and disturbance from comings and goings • Congestion likely on the public highway due to the size of the venue • Lack of detail regarding security measures and CCTV • Conflict between the hours of operation contained within the planning application form, noise survey and licence application. • Concerned that the use would adversely impact businesses in the locality as the hours of operation would cause noise disturbance and road congestion especially to businesses operating at the weekend or Monday mornings. 4.4. Environment Agency – Raise an objection and recommend refusal as the site is located within Flood Zone 3 and insufficient information has been undertaken to establish the true extent of flooding in this location. 4.5. Severn Trent – No objections subject to condition in relation to drainage. 4.6. Local Lead Drainage Authority – No objections. 4.7. Neighbouring properties, Residents’ Associations, Councillors and MP consulted. Statutory site and press notices posted. A letter of objection has been received from the The Bond Company who have raised the following issues: • Distance from neighbouring residential properties equating to approximately 35m therefore live music events and amplified music combined by comings and goings throughout the night at weekends would adversely impact on the amenity of not only the residential properties but also the offices who have 24 hour access, 7 days per week. • On two previous occasions October 24th and 31st 2015 residents were preventing from sleeping by excessive noise coming from the application site and the adjacent streets. The noise was appalling whilst floors, windows, walls and ceilings were vibrating. Public nuisance on the streets was also a significant problem. • Unacceptable proposed hours of operation. • Roof alterations are mentioned but no details submitted or shown on the plans. • Potential for use as a nightclub as there are 2 bars proposed. A dance studio with a bar could operate in a similar manner to that of a nightclub. There is a conflict Page 3 of 8 between what the applicants are claiming is the intended use and what could happen in reality. This can be evidenced on social media where the premises are known as Quantum Exhibition Centre which is described as a night club and event venue. A further letter of objection was received from a local resident raising the following issues: • Have lived in the area for almost 4 years it is unacceptable that the peace and quiet would be disturbed by late night events taking place potentially 7 nights a week, increased traffic and footfall in the area. • Resident has already attended the licensing subcommittee hearing and spoke against the proposal on grounds of public nuisance. • Increased potential for crime, drug trafficking, violence and vandalism by increased numbers of people in the area. • If the application is approved the resident would move out of the flat. 5. Policy Context 5.1. Birmingham UDP 2005; Submission draft of the Birmingham Development Plan; Digbeth, Deritend and Bordesley High Streets Conservation Area Character Appraisal SPD 2009; National Planning Policy Framework 2012. 6. Planning Considerations 6.1. Policy 15.8 of the adopted UDP states that there should be provision of a mixture of activities within the City Centre and policy 7.32 encourages leisure and entertainment uses to locate in the City Centre. Policy 3.10 notes that, ‘proposals which would have an adverse effect on the quality of the built environment will not normally be allowed’, with policy 3.27 stating that development that does not preserve or enhance the character of the Conservation Area will be resisted. 6.2. Policy 123 of the NPPF states that planning decisions should avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development; mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions. Principle 6.3. The principle of whether an assembly and leisure use of this size would be acceptable in this location depends on its location, loss of employment use, impact on the surrounding area, highway matters and the fact that the site is located within Flood Zone 3.
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