Birmingham City Council Planning Committee 05 November 2020

Planning Committee 05 November 2020

I submit for your consideration the attached reports for the East team.

Recommendation Report No. Application No / Location / Proposal

Approve – Conditions 6 2018/08593/PA

Land at junction of Highgate Road & Stratford Road and land at Stoney Lane Sparkbrook Birmingham B12 8DN

Comprehensive redevelopment of site to include demolition of existing buildings, removal of public car park, stopping up of public highway; erection of mosque and mixed-use building to comprise community centre, school, residential flats and retail units; basement car park and surface car parking areas; access, landscaping and associated works

Page 1 of 1 Director, Inclusive Growth (Acting)

Committee Date: 05/11/2020 Application Number: 2018/08593/PA Accepted: 19/11/2018 Application Type: Full Planning Target Date: 09/10/2020 Ward: Sparkbrook & Balsall Heath East

Land at junction of Highgate Road & Stratford Road, and land at Stoney Lane, Sparkbrook, Birmingham, B12 8DN

1. Proposal

1.1. The application seeks planning permission for the comprehensive redevelopment of the site to include demolition of existing buildings, removal of public car park, stopping up of public highway and erection of mosque and mixed-use building to include community centre, school, residential flats, retail units, basement and surface car parking and associated works at land on the junction of Highgate Road and Stratford Road; and land at Stoney Lane.

1.2. Demolition of existing buildings - The application seeks to demolish the existing buildings on the application site, namely the commercial properties at nos. 7 – 15 Stoney Lane including ancillary workshop buildings to the rear; the former Brewers Arms Public House (locally listed Grade B) at 309 Highgate Road and the former public conveniences at 17 Stoney Lane (locally listed Grade C), currently in use as restaurant and commercial shop; and nos. 291-293 Stratford Road which is currently used for retail purposes. As part of the proposal, the scheme proposes to close part of Stoney Lane (to the north of its junction with Highgate Road) and the applicant has submitted a separate S247 application for the stopping up of the public highway. This also includes the purchase of the existing public car park from Birmingham City Council, located on the corner of Highgate Road and Stratford Road.

1.3. Proposed Mosque Building - The proposed mosque building would be located on the prominent corner of Highgate Road and Stratford Road and would have an oval shape to follow the site’s boundaries. The scheme seeks a design with an arced form stepping back from Stratford Road as it rises up to seven storeys (ground floor plus six upper storeys) in height when viewed externally. The ground and first floor would be double-storey internally, therefore viewed as five storeys plus a dome above. The overall height of the building would be approximately 25 metres (28 metres including dome) and is set back from the public highway to allow for landscaping along the buildings’ ground floor frontage. The modern design aspirations are reflected in the external appearance of the building with proposed

Page 1 of 30 materials combining a mix of bronze, white and grey triangular shaped cladding panels on a metal frame together with a mix of curtain wall, frosted and clear glazing, dark grey framed windows, glass balustrading and a pre-patinated copper dome above. There would be a large triangular shaped opening within the metal frame façade towards the Highgate Road/ Stratford Road corner to reduce the overall massing and open the building to the prominent road corner. At the rear (towards the Aldi supermarket car park), the scheme proposes to end the arced form and provide a large gable wall with the primary material being decorative cladding in line with the proposed panels to the main façades.

1.4. Internally the mosque building would provide for a large daily prayer hall (approximately 640 sqm), including separate men and ladies entrance areas, reception and offices on the lower/ground floor. The prayer hall would be of double- height, also covering part of the first floor. On the second floor the majority of the building would be provided as a ladies hall with additional offices and lobby areas. The third floor would be used as a conference hall with an additional board room, kitchen facilities and store. The fourth and fifth floor area would be used as exhibition halls as well as a library whilst there is also access to a roof garden (approximately 85sqm) from the fourth floor which is situated on the small flat roof at the western end of the building. There would be three separate internal staircases as well as three lifts surrounding a large lobby area on each floor to access the upper storeys. In addition, each floor would provide for male and female toilet facilities. The mosque building would provide for funeral services, including a ‘janaza wash’ at basement level which will be used for the washing of the deceased. In addition, there is a separate body lift proposed at the front of the hall. The main entrance into the mosque building would be from the Highgate Road frontage, whilst there would be separate ladies entrance from the rear of the building which can also be accessed from the third access to the north of the site (via the minaret), fronting Stratford Road. The proposed maximum capacity for the mosque is stated as 2500 worshippers during peak Friday prayers with a maximum of 500 attendees during other prayer times. The proposed opening hours for the mosque would be 4am to 11pm daily.

1.5. In addition, the mosque comprises the provision of 2no. minarets, located to the north (adjoining the Aldi car park) and south (adjoining Highgate Road) of the mosque building. The contemporary design proposes a grey cladded block at its base which links with the ground floor of the mosque. As they rise above the mosque it is proposed to add three gold cladded tiers, decreasing in size as they increase in height up to an overall height of approximately 43m. In order to add a degree of articulation, Islamic symbols are proposed on their street facing façade.

1.6. Proposed Mixed-Use Building - The proposed mixed-use building would be situated to the west of the proposed mosque with its main frontage towards Highgate Road and extending to the rear, following the boundary line of the application site. From a design perspective, the building would be four-storeys in height with two central elements on the Highgate Road frontage being five-storey to provide for the internal lift shaft. The Highgate Road façade is characterised by large areas of glazing on the ground/first floor and corner element of the school entrance building at the western end of the site. The proposed materials would comprise a mix of dark brown brick and buff colour facing brick, timber cladding (along the school entrance) combined with dark framed windows. The fourth floor of the community building would adopt the design aspirations from the main mosque building by providing similar triangular shaped cladding with a mix of bronze, dark grey and white panels. Internally, the building would comprise of commercial units on the ground floor; a school built around an open courtyard area to the rear and

Page 2 of 30 with its main access from the western end of the building; a community centre to the rear of the commercial units; and residential apartments on the second and third floor, above the commercial units on the Highgate Road frontage.

1.7. Retail/Commercial Units - In terms of the retail units, there would be 7no. commercial units provided on the ground floor towards the Highgate Road frontage, with a size ranging from approximately 58sqm to 88sqm ground floor commercial space. Each unit would have its own internal staircase to access the first floor which is of similar size as the ground floor space and would be suitable for additional retail space and/or storage/staff purposes. The units would have direct front access onto the new pedestrian walkway which adjoins the new servicing lane off Highgate Road. The shopfront windows would be of double-height glazing with the first floor being visible from the road. The modern appearance is reflected in the use of minimalistic dark grey framing and doors. The proposed opening hours for the commercial units would be 8am to 11pm Sundays to Thursdays and 7am to 12pm Fridays and Saturdays. The use would be restricted to retail shops with a maximum of 2no. units being used as a restaurant/ café.

1.8. Residential Apartments - In between the commercial units there would be two main pedestrian entrances from the Highgate Road frontage to the proposed residential apartments which would be located on the second and third floor, providing 12no. flats with a mix of 2no. one-bed apartments (73sqm each) and 10no. two-bed apartments (ranging in size from 70sqm to 95sqm) with outlook over Highgate Road. Each apartment would provide for a kitchen/lounge area, double bedroom, bathroom and storage areas. On the fourth floor roof of the building, the scheme seeks to provide a roof garden (approximately 350sqm) for residents of the flats below. There would be no allocated parking for the residential units.

1.9. School - The proposed school would have its main entrance and reception area from the western end of the building on Highgate Road and would extend along the western and northern boundary of the application site. The ground floor would comprise of offices, nursery (with a capacity for 39 children, aged 0-4), workshops, a library and external play space (approximately 570 sqm) within a dedicated courtyard area surrounded by the rectangular school building. On the first, second and third floor there would be an overall 27no. classrooms, a staff room, a meeting room and laboratory, all overlooking the internal courtyard area. Each floor would also be provided with male and female toilet facilities. The capacity for the school facilities are stated as a maximum of 500 pupils, aged 11 – 16 and with up to 43 members of staff. Operational hours for the school are detailed as 9am to 4pm Mondays to Saturdays. In addition, it is proposed to hold evening classes and training courses which would occur between 5pm and 10pm Mondays to Saturdays.

1.10. Community Centre - The proposed community centre would be located to the rear of the commercial units, centralised within the application site. Its main access would be from the external courtyard area located between the mosque building and mixed-use building. On the ground floor it would provide for a large internal play area/ assembly hall. On the first floor the scheme provides offices, an advice and day centre and board room, whilst the second floor would be used as a ladies community hall and the third floor as a men’s community hall. Each floor would also have an allocated kitchen/dining area and two separate staircases and lifts would also be provided with direct access to the school element to the west. The flat roof on the fourth floor would be provided as a roof garden (approximately 510sqm) for the community centre and is separated from the adjoining resident’s roof garden. Operational hours for the community centre would be Mondays to Saturdays 9am to 10pm.

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1.11. Access and Parking - In terms of access, the scheme seeks to provide separate ‘in and out’ lanes at the western end of the site which would allow access to a drop off area, refuse storage, 13no. level parking bays and to the ramp, accessing the basement car parking with an additional 153no. parking spaces. Once completed, this car park would also be provided for the public on a ‘pay and display’ basis. The ‘in’ and ‘out’ lanes would be arranged around soft landscaping areas along the Highgate Road frontage taking into account the area proposed to form part of the Highway Improvement Line (HIL). Following the Highgate Road frontage to the east, there would be a separate surface level servicing lane in front of the commercial units, approximately 60m in length and separated from the main road by soft landscaping, again with a separate access and egress. The areas surrounding the building would be hard surfaced and for sole use of pedestrian, with large courtyard areas including soft landscaping and street furniture between the mosque building and mixed-use building.

1.12. In addition, there will be an additional surface level car park being provided for users of the development, approximately 70m to the south of the site. This additional car parking area would allow for an additional 68no. vehicle parking spaces for the development with the overall number of parking spaces provided for the development comprising 234no. vehicle parking spaces. The proposed basement car park, once completed, would be available for use by the public (‘pay and display’). Following closure of the existing public car park, the Stoney Lane car park would initially be provided for public parking until the basement car park is established, also on the basis of ‘pay and display’.

1.13. The proposed development would be carried out in a number of phases, however, no further details have been provided at this stage. The provision of detailed phasing information would need to be provided prior to commencement of any works on site.

1.14. The application submission is supported by a Design and Access Statement, Transport Statement and Framework Travel Plan, Noise Impact Assessment, Air Quality Assessment, Heritage Impact Assessment, Sustainable Drainage Assessment and Drainage Strategy, Contamination Assessment and Phase 2 Ground Investigation Report,

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Proposed Site Plan (including Stoney Lane car park)

Proposed Ground Floor Plan (Mixed-use building and mosque)

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Proposed Highgate Road Elevation

Proposed Stratford Road Elevation

Link to Documents

2. Site & Surroundings

2.1. The application site lies within the Sparkbrook area of the city and has a size of 0.85ha. The site is located on the northern side of Highgate Road (A4167), on the prominent corner with Stratford Road (A34). The main application site comprises a number of existing buildings and structures which would be demolished as part of the proposal. The existing buildings on site currently comprise a flat roofed, two- storey warehouse building at 291-293 Highgate Road, currently in use for retail purposes; 309 Highgate Road, the former Brewers Arms Public House which is a locally listed building (Grade B); the buildings at 7-15 Stoney Lane which are two- storey in height and used for commercial purposes, including single-storey flat roofed garages and outbuildings at the rear partly in use as a car wash; as well as the locally listed (Grade C) former public conveniences at 17 Stoney Lane.

2.2. The main application site also includes the most northern part of Stoney Lane (to the north of Highgate Road) which is currently highway land maintained at public expense (HMPE). In addition, there is a public car park on the immediate corner of Highgate Road and Stratford Road accessed off Stoney Lane which provides 25 spaces.

2.3. The site also comprises a triangular shaped parcel of land approximately 70m to the south, on the corner of Stoney Lane which has a size of 0.17ha and is currently used for storage and sales of vehicles, a use which does not appear to have been regularised.

Page 6 of 30 2.4. The site is partly located within and on the northern fringe of the Sparkhill Local Centre which extends along the north and south along Stratford Road to the east. The wider surrounding area is therefore mixed in character, including retail, commercial and educational uses as well as restaurant and hot food takeaways. Immediately to the north of the application site with access off Stratford Road is a large Aldi supermarket, whilst to the west the site is adjoined by single-storey commercial warehouse/depot buildings accessed off Mole Street. Highgate Road with commercial premises and residential dwellings beyond is located to the south and the large junction with Stratford Road borders the site to the south and east. Most recently planning permission was granted for a new 5-storey mixed commercial/residential building on the southern corner of Stratford Road/ Highgate Road (reference 2018/07490/PA) and is adjoined to the west by a job centre.

2.5. The application site is located on an important road route linking Sparkbrook and adjoining local centres and communities to the city centre via the City’s Middleway ring road with Stratford Road and Highgate Road forming a junction of this primary route. There are a number of bus stops located along Highgate Road, Stratford Road and Stoney Lane to the south, all within walking distance. An area of land to the western end of the application site is also affected by the proposed Highgate Road improvement line which extends along Highgate Road to the west up to the Belgrave Middleway roundabout.

2.6. The surrounding vernacular is dominated by Victorian properties, predominantly 3- storeys in height within the local centre and 2-storeys within the adjoining residential communities. Within the clusters of non-residential uses there is a greater mix of architectural periods, but the scale largely aligns with the primary vernacular. The most prominent building within the vicinity are the Grade I Listed Church of St. Agatha and the Grade II* Listed Ladypool Primary School which are located approximately 150m to the north of the application site.

Location

3. Planning History

3.1. Land at Mole Street • 13.05.2010: 2010/01971/PA – Erection of temporary porta cabin. Approved temporary.

3.2. 291-293 Highgate Road • 13.11.2003: 2003/05299/PA – Continued use as retail and wholesale sale of furniture. Approved, subject to conditions.

3.3. 295-297 Highgate Road • 11.02.2000: 1999/04312/PA – Continued use of site as motor salvage yard. Approved temporary. • 27.04.1990: 1990/01832/PA – Continued use for storage and repair of motor vehicles. Certificate of Lawfulness – Approved.

3.4. 309 Highgate Road, The Brewers Arms PH • 08.10.2013: 2012/07378/PA – Continued use of first floor as restaurant, erection of two storey side and first floor rear extension, loft conversion to provide incidental storage areas, installation of four extraction flues and

Page 7 of 30 structure to store plant/ machinery to the rear (Amended Plans). Approved, subject to conditions. Not implemented.

• 28.03.2000: 2000/00520/PA – Conversion of vacant public house to restaurant/hot food takeaway with retention of living accommodation at first floor, with external alterations including installation of shop front, roller shutters and disabled access, demolition of outbuildings and installation of external extract flue. Approved, subject to conditions.

3.5. Rear of Stoney Lane/ fronting Highgate Road • 10.11.2005: 2005/05925/PA – Continued use for the sale of cars and retention of fencing to the front forecourt area. Approved temporary. • 11.03.2005: 2004/08303/PA – Change of use to car sales yard. Refused.

3.6. 7-9 Stoney Lane • 12.09.1991: 1991/02255/PA – Continued use of first floor as private car hire booking office. Approved, subject to conditions.

3.7. 11, 13 and 15 Stoney Lane/ Highgate Road • 11.03.2005: 1995/04326/PA – Retention of shop front. Approved, subject to conditions. • 29.01.1991: 1990/05434/PA – Continuation of car repair use, motor accessories shop and ancillary car parking. Approved temporary.

3.8. 17 Stoney Lane (Former Public Conveniences) • 24.01.2000: 1999/05091/PA – Change of use to financial and professional services (Use Class A2). Approved temporary. • 20/06.2005: 2005/02584/PA – Change of use from vacant public toilets to A1 retail unit, with internal and external alterations and installation of shopfront.

3.9. Land on the corner of Highgate Road/ Stratford Road • 08.01.2004: 2003/06454/PA – Display of internally illuminated triple-sided monopole advertisement and boundary fencing. Approved temporary.

3.10. 303-305 Stratford Road/ Land adjacent Highgate Road • 19.01.2005: 2004/07999/PA – Creation of car parking area to provide 11 parking spaces in connection with ‘red route’ highway works. Approved, subject to conditions.

3.11. Stoney Lane car park • 12.01.1995: 1994/03611/PA – Erection of office building for class A2 and/or class B1 use including parking area and access. Approved, subject to conditions.

4. Consultation/PP Responses

4.1. Local Ward Councillors, MP, Residents Associations and local residents consulted. Site Notices posted in January 2019, November 2019 and October 2020.

4.2. Letters in support received from (former) Roger Godsiff MP, Khalid Mahmood MP, Councillor Robert Alden, Councillor Shafique Shah, Councillor Shabrana Hussain, Councillor Zaker Choudhry and Sparkbrook Residents Association.

Page 8 of 30 4.3. Petition in support, signed by 373 people, additional 20 supporting letters received from local businesses and occupiers. In summary it is stated that:

• the development is much needed for the area; • it would hugely benefit the people of Sparkbrook and surrounding areas; • it would offer enhanced economic activities and jobs for community members; • It would assist in bringing about an inter-faith harmony among various communities; • It would deliver a variety of different services in a safe environment; and • Proposal reflects an open and forward-looking community.

4.4. 8no. objections received on original scheme with consultation in January 2019 and 5no. additional objections received following re-consultation in November 2019, stating concerns with regard to:

• Proposal would have unacceptable impact on traffic and parking situation within area. • Loss of existing car park would be unacceptable. Scheme needs to provide additional public car parking which is getting lost in the area. • Loss of public car parking will result in community and business uses having to close and want to see legally binding agreement for use of parking facilities on this site. • Ideally parking provided should be free, but if pay and display this should not be excessive. • Proposal would result in general disruption to neighbourhood. • Proposal would have negative impact on other local communities/ faith groups. • There are already enough mosques within the local area. • Birmingham, and in particular this area, needs more green space. • Do not need additional poorly considered and constructed buildings. • Find location for existing businesses to move to before demolishing them. • Scheme would be waste of public money.

4.5. BCC Employment – No objections. Request for inclusion of Employment Obligations or conditions in relation to the provision of a construction employment plan.

4.6. West Midlands Police: No objections. Recommends electric gates for access control, CCTV to all entrances and car parks. Reference is also made to Secured by Design for Commercial Premises.

4.7. West Midlands Fire Services – No objections.

4.8. Severn Trent – No objections subject to conditions in relation to drainage plans for the disposal of foul and surface water flows and that the scheme shall be implemented in accordance with the approved details.

4.9. Lead Local Flood Authority – No objection subject to conditions in relation to prior submission of a sustainable drainage scheme and sustainable drainage operation and maintenance plan.

4.10. Ecology – No objections subject to informative in relation to nesting birds.

Page 9 of 30 4.11. Regulatory Services: No objections subject to conditions in relation to a Contaminated Land Verification Report; unexpected contamination; noise insulation scheme between commercial and residential; noise insulation for various other areas; extraction and odour control details; hours of use for amplification equipment; traffic management plan; noise levels for plant and machinery; hours of operations for various uses including retail, non-residential institution; restaurant/cafes and hot food takeaways; hours of delivery; and electric vehicle charging points.

4.12. Transportation: No objections subject to conditions in relation to a construction method statement/management plan; measures to prevent mud on the highway; means of access for construction; no occupation until service road constructed; no occupation until turning and parking areas constructed; siting/design of means of access; vehicle parking and turning details; details of pavement boundary; entry and exit sign details; parking management strategy; commercial travel plan; cycle parking provision; delivery and service area completion; details of parking facilities; residential travel plan, parking area laid out prior to use; details of turning, loading and parking; access and egress details; cycle storage details; delivery vehicle management scheme; car park management plan; signing up to Travelwise; S278/TRO Highway Works; electric vehicle charging points; on-site and off-site car park management; and resolution to grant S247 Works.

4.13. Historic England – Considered there would be less than substantial harm to setting of Grade I Listed Church and this would need to be weighed against public benefits associated with the scheme.

5. Policy Context

5.1. National Planning Policy Framework (NPPF, 2019); Birmingham Development Plan (BDP, 2017); Saved Policies of the Unitary Development Plan (UDP, 2005); Shopping and Local Centres SPD (2012); Places for All SPG (2001); Places for Living SPG (2001); Car Parking Guidelines SPD (2012); Places of Worship SPD (2012); Technical Housing Standards – Nationally described space standards (2015); Council’s 45 Degree Code; and Shop Front Design Guide.

6. Planning Considerations

6.1. The application has been assessed against the objectives of the policies as set out above. The main issues for consideration are as follows:

Principle of Development:

6.2. The application seeks the demolition of existing buildings, removal of car park, stopping up of the public highway and erection of a mixed-use development to comprise mosque, community centre, school, residential flats, retail units, basement and surface car park including associated works. The development site is located on Highgate Road with its junction of Stratford Road partly within the Sparkhill Local Centre as identified under policy TP21 of the BDP 2017. The policy states that such centres are the preferred location for retail, religious, education and community facilities. The western end of the site falls outside the existing local centre boundary.

6.3. There are some existing industrial/commercially used units within the application site. Policy TP20 of the BDP 2017 determines that outside core employment areas and regional investment sites, that change of use proposals from employment land to alternative uses will be supported where it can be confirmed that the site is a non-

Page 10 of 30 conforming use or the site is no longer attractive for employment use/development having been marketed for a minimum of at least 2 years.

6.4. Policy TP27 determines that residential developments should contribute towards creating sustainable places; Policy TP28 outlines the desired location of new residential development; Policy TP30 asserts density standards for varying locations (50 dwellings per ha for locations well served by public transport). Noting the scheme seeks to provide 12no. residential units, there would be no requirement to provide affordable dwellings as part of this development.

6.5. In addition, policy TP36 refers to education facilities and notes that as the City’s population grows, there will also be a need for additional Primary, Secondary and Special Needs school and college provision. Proposals for new education facilities should have safe access by cycle and walking as well as by car and incorporate a school travel plan; have save drop-off and pick-up provision; provide outdoor facilities for sport and recreation and avoid conflict with adjoining uses. The school element would provide an internal courtyard area which would be suitable for external recreation purposes.

6.6. In addition, and noting the mixed-use nature of the development, the Council's SPD on Places of Worship supports this scale of proposal in locations within local centres and, given the position of the site on the junction of main arterial routes, it also has good access to public transport which is also in accordance with the SPD.

6.7. Considering the above, the principle of the development on this site is supported noting its potential to provide an important community and faith facility for the city which could enhance the environment along Highgate Road by introducing a high quality built environment. This is subject to discussion of various technical details as set out below.

Impact on Heritage Assets

6.8. The site is located on the prominent corner of Highgate Road and Stratford Road within the Sparkhill area of Birmingham. Within the curtilage of the development site there are currently 2no. locally listed buildings, namely the former Brewers Arms Public House (Grade B), an Arts & Crafts Tudor Revival public house built in 1927, and the former Stoney Lane Public Conveniences (Grade C) built c.1925, which would both be demolished as part of the proposed development.

6.9. In addition the site is situated close to the setting of the Grade I Listed Church of St. Agatha, built 1899-1901, listed as being exceptionally fine and an original church by W E Bidlake and the Grade II* Listed Ladypool Primary School, built 1884-1885, designed by Martin and Chamberlain, both approximately 200-250m to the north- west of the development site. The church is dominated by its great tower, in a perpendicular style freely reinterpreted in an Arts and Crafts idiom and of very fine workmanship. The scale of the proposed mosque building and its minarets would sit alongside the church tower on the local townscape.

6.10. Other listed and locally listed buildings are located in the vicinity of the development site including John Whybrow Limited Building (200 Stratford Road) and the Angel Public House (207-209 Stratford Road). In addition, the Stratford Road Baptist Church (266 Stratford Road) is identified as a non-designated heritage asset.

6.11. The application is accompanied by a Heritage Impact assessment (HIA) (Locus Consulting, November 2019) which assesses the significance of the heritage assets

Page 11 of 30 on and around the application site using the methodology in Historic England’s Conservation Principles Policies and Guidance (2008). The Assessment considers the impact of the development (both direct and indirect) on the identified heritage assets and any harm caused to these assets. It concludes that whilst the scheme results in the loss of significance through the demolition of two non-designated heritage assets, they would be of limited level of architectural and historic interest due to high levels of modern adaptation. In addition, it considers that the proposal would bring a low degree of harm to the ability to appreciate the architectural and historic interest of St Agatha’s Church (a Grade I Listed building) from within its setting; however the level of harm is considered to be less than substantial which would need to be weighed against the public benefits arising from the scheme.

6.12. In terms of planning policies, Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. In addition, Policy TP12 of the BDP 2017 highlights that great weight will be given to the conservation of the City’s heritage assets. Proposals affecting designated and non-designated heritage assets or its setting will be assessed in line with national policy.

6.13. Loss of non-designated heritage assets: As noted, two buildings within the application site, namely the Brewers Arms Public House and the Stoney Lane Public Conveniences, are locally listed (Grade B and C) and therefore considered to be non-designated heritage assets. Paragraph 197 of the NPPF 2019 acknowledges that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm of loss and the significance of the heritage asset.

6.14. The supporting Heritage Impact Assessment has analysed the architectural and historic interest of the buildings. In terms of the Brewers Arms Public House, the extensive alterations relate to both the interior and exterior with high levels of loss of traditional features from the principal elevation. Modern wooden cladding has replaced the original timber-framed aesthetic whilst the bay windows have been demolished including a total loss of the traditional fenestration with poor quality replacement. It is also noted that the historic interest has derived from its communal value being constructed in the early decades of the 20th Century to service Birmingham’s expanding neighbourhoods. However, it is also noted that there are a number of other examples of its type within the city. In terms of the Stoney Lane Public Conveniences, it is stated that it has also been extensively altered externally and internally through its conversion to a commercial premises, subsequently losing its original function as conveniences. Whilst it holds a degree of interest, the architectural and historic interest is considered to be significantly lost.

6.15. The City’s Conservation Officer has reviewed the submitted assessment and notes in terms of the Brewers Arms Public House (Locally Listed Grade B) that whilst there is a degree of loss of architectural features and details due to recent alterations, there continues to remain some identifiable elements of its architecture including roof form, chimney and tiled roof, making it worthy of retention. With regard to the Stoney Lane Public Conveniences (Locally Listed Grade C), it is acknowledged that some of the functional elements of the building have been lost and that other elements have been poorly altered over the years. However, it is considered that

Page 12 of 30 there would remain some value with a level of significance. Overall, the Conservation officer therefore raises concerns to the proposed loss.

6.16. It is acknowledged that both buildings have some remaining elements of architectural interest and would make a positive contribution to the history and local distinctiveness of the area. However, the only alternative option in order to avoid the loss of the buildings would be their conversion by integrating them into the wider development scheme. However, noting the scale of the proposed uses within the site, it is not considered they could be accommodated within the two buildings, jeopardising the redevelopment and subsequent benefits of the proposal to the local area.

6.17. The scale of harm in this instance is the loss of the two non-designated heritage assets (Grade B & C). It is recognised that both buildings may have had a social history and their loss is regrettable. Options to protect the building in any future proposals for the sites are however limited and costs of refurbishment to get both buildings back to their original status would unlikely be viable.

6.18. In conclusion, it is considered that the retention of the two non-designated heritage assets within the site would not be viable or practical noting the scale and important significance of the application scheme. Whilst the loss is regrettable, both buildings over the years have been significantly altered and lost a majority of their original features and details. Consequently, on balance, the loss of the former Brewers Arms public house and the former Stone Lane Public Conveniences would be acceptable in planning terms.

6.19. Impact on setting of Grade I Listed Church - The proposal sits within the setting of the Grade I Listed St Agatha’s Church. The Heritage Impact Assessment has identified the Church as having exceptional levels of historic and architectural interest and is widely considered as being amongst the most significant buildings in Birmingham. The Assessment goes on to identify the church tower as a ‘landmark’ building. The document further identifies St. Agatha’s as comfortably the tallest and most ornate element of the street scene. 17 viewpoints have been provided in order to undertake an assessment of impact of the development of the significance of the church.

6.20. Taking account of the representative views provided it is considered the most significant to be those along the Stratford Road. The church was designed to be highly visible along this part of the Stratford Road and established views of the church have allowed for the continued appreciation of this highly significant asset. The Heritage Impact Assessment identifies that the minarets will appear as a pair of new landmarks within the street scene and wider townscape setting of the church. It correctly goes on to say that their construction may distract from, but will not conceal, the church tower’s ornate detailing and grand scale which are key elements of its architectural and historic interest.

6.21. My Conservation Officer has reviewed the information and accepts the viewpoints and assessment provided. Whilst it is noted that the church will remain a distinctive and landmark element of the townscape, the introduction of a development of this scale in this location would have an impact on the historic significance of the church and its established townscape setting. It is considered the development would cause less than substantial harm to the ability to appreciate the architectural and historic interest of the church from within its setting. In addition, Historic England has been consulted on the application and raises some concerns with the development, concurring with the Conservation Officers view and acknowledging the findings of

Page 13 of 30 the Heritage Impact Assessment that there would be less than substantial harm to the setting of the Church which would need to be weighed against the public benefits associated with this scheme.

6.22. Therefore, as stated in paragraph 196 of the NPPF, where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including, where appropriate securing its optimum viable use.

6.23. It is considered there would be a number of public benefits which include: The scheme would deliver a new mosque facility which is of city-wide and local significance; it comprises a redevelopment of an area which is in need of significant regeneration; the scheme would improve the visual appearance along this prominent part of Highgate Road and Stratford Road; it would provide a high-quality and sustainable development within a highly sustainable location; it would provide additional commercial units within a highly regarded local centre setting; it would provide new school facilities; it would provide 12no. units of high quality residential accommodation; a community facility for local people to meet and provide communal activities; attractive hard and soft landscaping provision and roof gardens within an area where there is a recognition of very low provision of green space.

6.24. It is therefore considered that there are a number of public benefits resulting from the proposal that would outweigh the less than substantial harm caused to the nearby Grade I Listed St Agatha’s Church.

6.25. Impact on setting of Grade II* Listed Ladypool Primary School – The Heritage Impact Assessment identifies the school building as located away from the roadside and visually enclosed by surrounding streets. The document also identifies no current functional relationships between the site and the asset however does identify some inter-visibility between the school and the ‘minarets’ of the proposed mosque.

6.26. My Conservation Officer considers that there would be some impact on the school through a development of this scale within its townscape setting, however, the overall impact on the significance of the school would be less harmful than the impact on St. Agatha’s. The development would not compete with school or on the ability to appreciate its architectural and historic significance as it more obviously would with the church. I therefore consider that the development would have a neutral impact on the ability to appreciate the architectural and historic interest of the school.

6.27. Impact on other nearby heritage assets - The Heritage Impact Assessment has considered the impact of the development on several other heritage assets both designated and non-designated. These include John Whybrow Limited Building, No.200 Stratford Road (grade II listed), The Angel Public House, No 207-209 Stratford Road (locally listed) and the Stratford Road Baptist Church (non- designated heritage asset).

6.28. There are varying degrees of inter-visibility between these assets and the application site and therefore there will be some impact on the townscape setting of these buildings. However, based on siting, location and levels of significance of these heritage assets in line with advice from my Conservation Officer and the submitted Heritage Impact Assessment I consider that the overall impact of the scheme will have a neutral impact upon the ability to appreciate the architectural and historic interest of these assets.

Page 14 of 30 6.29. Conclusion – The scheme seeks the demolition of 2no. non-designated heritage assets and in assessing the scheme, the effect of an application on the significance of a non-designated heritage asset should be taken into account. As required, a balanced judgement has been undertaken, and whilst the loss is regrettable, it is considered, on balance, it would be acceptable in planning terms, noting the overall benefits and aspirations of this significant redevelopment scheme. In addition, with its location within the setting of the Grade I Listed Church of St. Agathas, it is considered to result in less than substantial harm to the significance of a designated heritage asset which has been weighed against the public benefits of the scheme which are considered to outweigh the harm caused. In addition, there would be a negligible impact on other designated and non-designate heritage assets from the development. Overall, on balance, it is therefore considered that the scheme would be appropriate in terms of impact on heritage assets.

Design and Impact on Visual Amenity

6.30. Policy PG3 of the BDP 2017 requires all new development to demonstrate high design quality especially pertinent considering the development’s prominent location within the Sparkbrook area. The proposal has evolved from extensive pre- application discussions and meetings with the City Council including the consideration of the proposals at the Birmingham Design and Conservation Review Panel in February 2020.

6.31. In terms of the layout of the proposal it is considered that the proposed development makes best use of the space available and has acknowledged the site’s road frontage and prominence on the junction of Highgate Road and Stratford Road.

6.32. Mosque - The proposal is seeking to create a large and prominent mosque which would likely to be of local and city-wide significance which is reflective in the proposed form and scale of the building with its arced form stepping back as it rises to its 7th floor (when viewed externally) and dome above. The stepped tier of the floors (ground and first floor of double-height), together with the proposed façade design would assist in reducing the overall massing. The element on the Stratford Road frontage may appear dominant, however, whilst floor plans suggest the provision of additional glazing within the upper floors, further details of this element would need to be provided in order to ensure the visual scale is appropriate to its surroundings. Given the prominent location of the mosque, allied with its architectural and community aspiration, it is considered that the scale and height of the building is appropriate and would not over-dominate the existing streetscene.

6.33. The proposed mosque would be a standalone element that seeks to effectively punctuate and frame the prominent corner plot. The use of soft landscape along the boundaries subtly sets the building back from the street edge, providing an element of defensible space to the primary prayer hall whilst introducing new green infrastructure into this hard environment. As this transitions towards Stratford Road, a greater setback is provided, creating a landscaped space at ground floor level which leads into the secondary ladies entrance. At Highgate Road, the footprint of the mosque building would arc into the site enabling a landscaped entrance plaza to be created which would serve the main entrance and adjacent mixed use block to the west. Generally, the siting of the mosque building including the provision of landscape areas to soften the streetscene and enhance the experience for worshippers entering the building is supported.

6.34. The upper floors of the mosque would be reduced in size in line with the step back of the building. The response of the building to the rather awkward plot shape and its

Page 15 of 30 surrounding is largely supported, whilst it would be important that halls and entrance lobbies are provided with appropriate glazing and transparency with detailed design drawings to be conditioned.

6.35. In terms of the design, the ‘halls’ elements of the building would be grounded by a solid plinth, on top of which lies a light, decorative form, tiering down from the central dome. The base will utilise concrete panels with grey cladding which would also tie in with other elements such as the minaret and stairwell. Towards the Stratford Road frontage, the arc form of the building is interrupted by a large gable wall with the primary material being decorative cladding in line with the proposed panels to the main façades. Overall, the contemporary aspirations proposed are supported.

6.36. Minaret - The scheme seeks to provide 2no. minarets as part of the overall mosque design which would be located on the northern end of the main mosque building, adjoining the current Aldi supermarket car park, and to the south on the Highgate Road frontage. Overall, the height and location of the minarets proposed is supported.

6.37. Mixed-use building - The mixed-use building would be four-storeys in height with a flat roof. The fronting element would introduce a strong building line along Highgate Road which is supported. The scale is akin to the surrounding area with the subtle increase in height helping to reinforce the presence of the built form against the dominant road environment. The provision of double-height retail units and a rhythm of bays would also ensure that the massing of the block aligns with its context, acknowledging nearby 3-storey local Victorian shopping parades.

6.38. In addition, the introduction of a setback higher element with its materiality linked to the main mosque building would not appear visually dominant, but creating a degree of interest. From mid-distance views, this feature would further break the overall mass of the building via a step in height.

6.39. In terms of its layout, the proposed mixed-use building responds to the prominent road frontage of Highgate Road and the introduction of commercial/retail units and the entrance to the school at ground floor level would assist in the creation of an active street frontage. The introduction of residential units above the retail element would provide for further surveillance and enhancement of the immediate environment. The less public functions of the school and community centre have been placed at the rear together with private outdoor amenity space which would ensure the main frontage would retain activity levels and an attractive commercial environment.

6.40. Overall, it is considered that the mixed-use building effectively responds to the character of the surrounding area with its simple architectural form.

6.41. Conclusion – Is it considered that the proposed development, including the proposed new mosque building and mixed-use building including its surrounding landscaped environment and parking arrangement would be acceptable in terms of their design, scale and massing. In addition, whilst of significant prominence in the streetscene, the scheme would not unacceptably impact on the visual amenity of the local area. It would have the potential to deliver a high quality, landmark building desired for the site, however in order to achieve this further details would need to be submitted to ensure the aspirations are achievable. Therefore, suitable conditions would be imposed.

Page 16 of 30 Existing Views:

View from Highgate Road/ Stratford Road junction

View from Stratford Road towards Highgate Road (north)

View along Highgate Road towards Stratford Road

Page 17 of 30

View along Stratford Road towards Highgate Road (south)

Proposed Views:

Aerial View

Page 18 of 30

View from Highgate Road/ Stratford Road junction

View along Stratford Road

View along Highgate Road

Page 19 of 30

Impact on residential amenity

6.42. The nearest residential dwellings are located on the opposite side of the Highgate Road (nos. 292 – 308 Highgate Road) which are situated opposite the proposed mixed-use building at the western end of the site. The nearest residential dwellings from the main mosque building are located on the upper floors of some of the commercial units along and on the opposite side of Highgate Road and Stratford Road. Other nearby residential development is screened by surrounding commercial/ industrial buildings.

6.43. The distance between the proposed mixed-use building and habitable windows on the frontage of nearest residential dwellings would be approximately 36m. The distance from the proposed arced mosque building (which would be approximately 28m in height overall) to nearest commercial units which potentially accommodate flats at first floor level would be approximately 28m. There are no other residential units within close proximity and it is acknowledged all existing residential units are located on the opposite side of Highgate Road and Stratford Road which are partly providing four road lanes. The proposed new buildings would comply with separation distances as set out in Places for Living and the Council’s 45 Degree Code in terms of adjoining residential development. It is therefore considered that there would be no adverse impact on existing residents currently living around the site from this development by way of overlooking, loss of privacy or general disturbance.

6.44. The scheme seeks permission for 12no. residential apartments on the second and third floor of the mixed-use building along the Highgate Road frontage. The scheme seeks a mix of 2no. one-bed apartments and 10no. two-bed apartments, ranging in size from 70 to 95sqm which is in accordance with the guidance on spacing standards set out in Technical Housing Standards – nationally described space standards (2015). In addition, all main habitable windows would have their outlook towards Highgate Road and the scheme would comply with the separation distance guidelines set out in Places for Living SPG (2001) and the Council’s 45 Degree Code in terms of future residents.

6.45. In terms of external amenity areas, the scheme seeks to provide an allocated residents roof garden on top of the building, which covers an area of approximately 350sqm. Places for Living SPG requires 30sqm communal amenity space per dwelling which would require a communal amenity area of 360sqm for the 12no. dwellings. Noting the provision and constrained location on this prominent corner within the Local Centre, I consider that the provision of 350sqm external communal amenity space is sufficient and would provide future residents with a good level of residential amenity and living conditions.

6.46. Regulatory Services request a condition for the provision of a contaminated land verification report and cover for the event of any unexpected contamination.

6.47. In addition, following submission and review of amended noise and air quality assessments they are satisfied there would be no impact on existing or future residents, subject to conditions including various noise insulation schemes between the commercial uses, school, community use, residential units and roof gardens; noise levels for plant and machinery; extraction and odour control details; lighting scheme; traffic management plan; hours of use for the proposed amplification equipment; hours of operation for the various uses including commercial, school, mosque and community use; and hours of delivery for the commercial units.

Page 20 of 30 6.48. Overall, it is therefore considered that the scheme is acceptable in terms of its impact on the residential amenity of existing residents living around the site and future occupiers of the building.

Impact on highway and pedestrian safety

6.49. The application site is located within a very sustainable location on the corner of Highgate Road and Stratford Road, partly located within the Sparkhill Local Centre and within walking distance of a variety of amenities and residential neighbourhoods. There are bus stops connecting the site to the city centre and surrounding neighbourhoods just outside the application site along Highgate Road, Stoney Lane and Stratford Road.

6.50. The proposal seeks to provide an overcall car parking provision of 234no. spaces to be located within a basement car park (153no. spaces) accessed off Highgate Road, 13no. spaces on ground level, adjoining the basement car park access to the north and located to the west of the school building as well as a further 68no. spaces to be provided on the separate Stoney Lane car park, approximately 70m to the south of the application site. In terms of vehicle access, the site would have a designated ‘in’ and ‘out’ access when travelling from Highgate Road towards the junction with Stratford Road to access the refuse storage are, a drop off space, the level parking and basement car park provision. In addition, there would be a separate one-way service lane fronting the commercial units, following the same direction from Highgate Road towards Stratford Road. The areas between the mosque and mixed- use building would be provided as designated pedestrian areas to encourage walking. There would be various pedestrian entrances into the buildings, including a secondary ladies entrance from Stratford Road in the north-eastern corner of the site.

6.51. The scheme has taken into account the adjoining Highway Improvement Line (HIL) which is located along Highgate Road at the western end of the site, removing the currently designated service lane and some of the planting. In addition, a separate small strip of this Line is located on the immediate corner of Highgate Road and Stratford Road. This land is within the application site and currently shown to be provided with planters to provide landscaping and greenery in front of the main mosque building which would be removed from the site, once the implementation of the HIL is imminent.

6.52. The scheme seeks to include land on the corner of Highgate Road and Stratford Road, land which is currently used as a public car park and was most recently owned by Birmingham City Council. During the progress of the application a detailed assessment has been undertaken by Birmingham City Council and which was accepted by the Council’s Legal Department, which has declared the currently free car park to be surplus to Highway requirements, allowing the sale of the land to the applicants to be included within the application scheme. In addition, and to continue to provide some public car parking for the local community the new basement car park, once completed, would be provided for the general public as a ‘pay and display’ car park, allowing public use. Noting the phasing of the development, it is proposed to initially provide the Stoney Lane car park for public use (also as ‘pay and display’), following closure of the existing car park until completion of the basement car park.

6.53. In addition, it is proposed to close part of the Stoney Lane public highway, to the north of Highgate Road, in order to implement the proposed development.

Page 21 of 30 6.54. Transportation Development has no objections subject to a number of conditions. These includes the provision of a construction method statement/management plan; measures to prevent mud on the highway; means of access for the construction phases; no occupation until service road and turning/parking area has been constructed; the siting/design of the means of access for the development; vehicle parking and turning details; details of pavement boundary; proposed entry and exit sign details; parking management strategy; commercial travel plan; cycle parking provision; delivery and service area completion; details of parking facilities; residential travel plan; parking areas laid out prior to use; details of turning/loading/parking areas; access and egress details; cycle storage details; delivery vehicle management scheme; car park management plan; sign up to travelwise; electric vehicle charging points; on-site and off-site car park management.

6.55. Transportation Development also acknowledges the separate requirement for works to the highway to be approved as part of S278 Highway Works and this would also be conditioned. The package of highway measures shall include Traffic regulation Orders to introduce ‘no stopping/no waiting/no loading’ on Highgate Road; enhanced pedestrian crossing facilities, ‘school keep clear’ and associated signage, kerb modification works to construct new access/pedestrian crossing points and achieve suitable visibility splays; introduce warning signs, relocate existing signage, guard railing and/or bollards to prevent vehicle override of footways, and speed limit review and modification.

6.56. Overall, it is considered that subject to the recommended conditions and resolution to grant of the S247 stopping up order, the scheme would be acceptable in terms of highway and pedestrian safety.

Flood Risk and Drainage

6.57. The application site is located within Flood Risk Zone 1 and the applicant has submitted Sustainable Drainage Assessment and Drainage Strategy with the application. The Lead Local Flood Authority requested conditions to provide details of surface water drainage and SUDS prior to commencement of works; and the submission of a Sustainable Drainage Operation and Maintenance Plan.

6.58. In addition, Severn Trent requests conditions to provide drainage plans for the disposal of foul and surface water flows.

Landscaping and Ecology

6.59. The site is currently considered to have negligible potential for roosting bats within the buildings on site; however, there may be potential for nesting birds either within the buildings or scattered vegetation around the site. The Council’s Ecologist has no objections, but suggests that an advisory is attached to any grant of permission to raise awareness of any nesting birds and pre-commencement checks should be undertaken outside of the bird nesting period.

6.60. The application site would benefit from improved hard and soft landscaping. The submitted drawings show indicative planting areas along the Highgate Road and Stratford Road frontage as well as within the site and along the rear boundaries to improve overall visual amenity and increase the provision of green space within the site by providing a courtyard area with designated seating areas. In addition, there would be roof gardens provided on part of the mixed-use and mosque building to serve the proposed residential units, visitors of the community centre and mosque.

Page 22 of 30 In order to ensure the provision of good quality landscaping, surfacing, street furniture and boundary treatment provision, conditions would be imposed to any grant of planning permission, requiring the prior submission of hard and/or soft landscaping details, hard surfacing materials, boundary treatment details, landscape management plan, levels and public art.

6.61. The Highgate Road frontage would be improved with amenity tree planting. Considering the Highway Improvement line, which currently has no scheduled date for implementation, the trees would require under pavement rooting volume to be incorporated. The volumes of rooting areas should be designed to accommodate the species acceptable to discharge landscape conditions. Overall, the provision of trees within the site and separate car park area is acceptable and if implemented accordingly, will provide an improvement to the provision and amenity canopy and its quality in this urban setting.

Other matters

6.62. Local Employment - The Council’s Employment team recommend a condition to provide a construction employment plan which would include that a minimum of 60 person weeks of employment per £1million spend on the construction of the site will be provided for new entrants who live locally.

6.63. Security - West Midlands Police raises no objections t, but recommends that secure gates are being provided at the basement car park. In addition, the provision of one single entrance would be preferred for security purposes; however, noting the scheme seeks to encourage walking and provides a level of openness to the surrounding community, the closure of all but one pedestrian access to the buildings would not appear achievable. However, in order to ensure appropriate security for the wider site and each use, a condition to provide a detailed security strategy for each phase of development to include measures such as CCTV and a separate condition for an external lighting scheme will be attached.

6.64. Sustainability - The Design and Access Statement confirms that the development proposes to use various methods to create a sustainable design, including the use of rainwater harvesting and provision of photovoltaic panels on part of the roof of the building. No further detail with regard to the provision of photovoltaic panels has been proved and it is considered appropriate to impose a condition to clarify the position and use as part of the development.

6.65. The scheme proposes to naturally ventilate the mosque by the use of the proposed 2no. minarets which would bring in cool, fresh air and take away warm, stale air. This would allow for the proposed building to provide a comfortable atmosphere and assisting in the regulation of temperature by reducing the need for mechanical ventilation.

6.66. The development proposes the reduction of energy in construction by utilising local labour and local materials, recycling or re-using materials where practicable and making use of prefabrication methods if possible. On this basis, it is considered that the proposed development would comply with the adopted policies and has considered the incorporation of low and zero carbon forms of development and sustainable construction measures.

6.67. Community Infrastructure Levy (CIL) – The proposal would not attract a Community Infrastructure (CIL) contribution.

Page 23 of 30

7. Conclusion

7.1. The application seeks planning permission for a comprehensive redevelopment of the site to include the demolition of existing buildings (including 2no. locally listed buildings), removal of public car park, stopping up of public highway and erection of mosque and mixed-use building to comprise community centre, school, residential units and retail units on land on the prominent corner of Highgate Road and Stratford Road in Sparkhill including land at Stoney Lane to the south. The application proposals would be of significant importance for the regeneration of the local area and wider city and with its location partly within a Local Centre, it is considered the principle of the provision of the mix of uses is acceptable in this location. In order to allow for the redevelopment, the scheme seeks to demolish 2no. locally listed buildings (former brewers Arms Public House and former Stoney Lane Public Conveniences) and a detailed assessment has been undertaken which considers their loss, on balance, to be acceptable in light of the overall significant regeneration plans for the area. In addition, it is considered that whilst the scheme would result in less than substantial harm to the setting of the Grade I Listed Church of St. Agatha, the public benefits arising from the scheme would outweigh any harm caused. It is also considered that the proposal would be acceptable in terms of its design and visual amenity subject to the provision of further detailed design drawings and information. The scheme would also not unacceptably impact on the residential amenity of existing or future occupiers and would be appropriate in highway terms. Matters in relation to the stopping up of the public highway and the purchase of the public car park within the site are currently being progressed as separate matters. The scheme has also appropriately considered matters in terms of ecology, drainage, sustainability and security. The application is therefore recommended for approval subject to conditions and the resolution to grant the S247 stopping up order by the Department for Transport.

8. Recommendation

8.1. I. That no objection be raised to the stopping up of the areas of public highway within the application site and that the Department for Transport be requested to make an Order in accordance with Section 247 of the Town and Country Planning Act 1990.

8.2. II. That Planning Permission be granted, subject to the following conditions.

1 Requires the prior submission of a phasing plan

2 Requires prior submission of architectural details - School, Community, Commercial and Residential Building

3 Requires prior submission of architectural details - Mosque

4 Requires prior submission of mechanical and electrical systems and water utilities strategy

5 Requires the submission of sample materials in a phased manner

6 Requires the prior submission of a security strategy on a phased manner

Page 24 of 30

7 Requires the submission of an external lighting strategy

8 Requires the prior submission of a landscaping strategy on a phased manner

9 Requires the submission of hard and/or soft landscape details on a phased manner

10 Requires the submission of hard surfacing materials on a phased manner

11 Requires the prior submission level details on a phased manner

12 Requires the submission of boundary treatment details in a phased manner

13 Requires the submission of a landscape management plan

14 Requires the submission of details of public art

15 Requires the prior submission of a construction method statement/management plan

16 Requires the prior installation of means of access

17 Requires the submission of details to prevent mud on the highway

18 Prevents occupation until the service road has been constructed

19 Prevents occupation until the turning and parking area has been constructed

20 Requires the submission of the siting/design of the access

21 Requires the submission of vehicle parking and turning details

22 Requires the submission of details of pavement boundary

23 Requires the submission of entry and exit sign details

24 Requires the submission of a parking management strategy

25 Requires the submission of a commercial travel plan

26 Requires the provision of cycle parking prior to occupation

27 Requires the delivery and service area prior to occupation

28 Requires the submission of details of parking

29 Requires the submission of a residential travel plan

30 Requires the parking area to be laid out prior to use

31 Requires the submission of details of turning, loading and parking

32 Requires the dedicated use of access and egress points

33 Requires the submission of cycle storage details

Page 25 of 30

34 Requires the submission of details of a delivery vehicle management scheme

35 Requires the submission of a car park management plan for disabled spaces

36 Requires the applicants to affiliate to Company Travelwise in Birmingham

37 Requires the submission and completion of works for the S278/TRO Agreement

38 Requires the provision of a vehicle charging point

39 Requires the prior submission of off-site and on-site car park management

40 Requires the basement car park to be available for public use - pay and display

41 Requires the provision of the Stoney Lane car park for public use (pay and display) prior to closure of existing public car park and until occupation of basement car park

42 Requires the submission of a contaminated land verification report

43 Requires the submission of unexpected contamination details if found

44 Requires the prior submission of a Noise Insulation Scheme to establish residential acoustic protection

45 Requires the prior submission of noise insulation (habitable rooms)

46 Requires the prior submission of noise insulation scheme - roof garden

47 Requires the prior submission of noise mitigation scheme - outdoor amenity

48 Restricts the use of amplification equipment within the building between 23:00 and 06:00

49 Prevents the use of external amplification equipment

50 Requires the prior submission of a traffic management plan

51 Limits the noise levels for Plant and Machinery

52 Limits the hours of operation - Mosque 04:00 - 23:00 daily

53 Limits the hours of operation - Commercial Units - 08:00 - 23:00 Sundays to Thursdays and 07:00 - 24:00 Fridays and Saturdays

54 Limits the hours of operation - School and Community Centre 8am - 10pm Mondays to Saturdays

55 Limits delivery time of goods to or from the site -08:00-19:00 Mondays to Saturdays and 09:00 - 19:00 Sundays

56 Requires the submission of extraction and odour control details in a phased manner

57 Requires the prior submission of a construction employment plan

Page 26 of 30

58 Requires the prior submission of a surface water drainage scheme

59 Requires the submission of a Sustainable Drainage Operation and Maintenance Plan

60 Requires the prior submission of drainage plans for the disposal of foul and surface water flows

61 Requires the prior submission of photovoltaic panel details

62 Limits the use of commercial units to retail/professional services (A1/A2) with a maximum of 2no. units to be used as restaurant/cafe (A3)

63 Requires the prior submission of details of proposed roof gardens

64 Requires the prior submission of details of bird/bat boxes

65 Requires the submission of a scheme for ecological/biodiversity/enhancement measures on a phased basis

66 Implement within 3 years (Full)

67 Requires the scheme to be in accordance with the listed approved plans

Case Officer: Laura Pohl

Page 27 of 30 Photo(s)

Image 1: View towards 11-15 Stoney Lane and former Public Conveniences (left) (locally listed Grade C)

Image 2: View towards car park on corner of Highgate/Stratford Road with Stoney Lane (subject to stopping up order) at front

Page 28 of 30

Image 3: View towards former Brewers Arms Public House (locally listed Grade B)

Page 29 of 30 Location Plan

St Agatha's Chur 243 254

70 Parochial Room 1 256

245 258 5 10 BEECHFIELD ROAD

108 74

WEBSTER CLOSE 20 260

262 74

101 1

119.8m 2

101a 79

Beechfield Ave 6

30 56 2 5 55 STRATFORD ROAD 118

268

40 1

Stanley Grove 4

13 85

50 1

Ladypool Ave 274

128 8

21 76 60 276 109

12 29

W orks 120.4m 12 18

261 Shelters

64 259 20

7 136 84

MOLE STREET Stratford Road 30 Baptist Church Works 120.1m 1 POPLAR PALMERSTON ROAD AVENUE

SOUTH RANGE

23 13

W orks 14

263 Shelters Depot

278

118.0m 7 Club

79 Warehouse

290

Depot 294 257 to 297 118.9m LB 296 Dolphin 298 Mews Billiards Hall 26 El Sub Sta 300

2a 118.3m PW

1 24

222 218

216 22 293 306 HIGHGATE ROAD 7

308 6

238 to 262 to 238 2 116.7m Car Park 310 13 Shelter Shelter LB 15 WALFORD ROAD

Csn International Exhibition 117.7m 9b

& Conference Centre

Shelter 7

1b 117.3m 1 TCB 1a 117.3m 334 Sorting

Office 292

W orks 310 Shelter

1 STONEY LANE

308 316

342 18

Shelters

350

40 5 16

41 41 WHITBOURNE CL

42 15 3 339 354

Job Centre 341 Asra Day Centre 14 1 Shelter 117.0m

W orks 118.0m

345

12 45 343

STUDLEY STREET 6

47 347

8 7

TCB 358

9 to 360

10 9

Shelter 117.7m El Sub

7 366 12

SWALLOW CLOSE 1 11 359

W orks Shelter

14 368

361

4 363 370

QUEEN STREET

W orks 365 Works

Bank STRATFORD ROAD

W orks

1a 371

Bank 35 The 43 39 380 W orks Royal W orks 117.7m W orks Depot 57 to 70 Oak 18 to 23 382

(PH) 8 to 11 373

386 119.2m ALFRED STREET 118.6m ALFRED ROAD

118.0m 43

22c 22d 23b 23c 23a

22a 22b 23 24

Car Park 26

15 14 12

9 El 1

Sub Sta Bank LB

27 TCB

70 Car Park

1 2 17

21 5

23 385

25 7

Assemblies of 81 11 6

4 74 the First Born

12 Church 389

9 to 17

Colville Walk Colville

393

12 119.8m 391 1 Bank

4 395

76 10

33 397

1 to 7 to 1 31 21

19 29 BEACH BROOK CLOSE 99 The Crescent 1 17 27

25 15

9 Bank

23 52 20

26 to 32 42 to 48 13

18 24 34 to 40 16 8

TRENVILLE AVENUE 21

78a COLVILLE ROAD 5

118.6m

78b

78c 16 45

14 43

41 11 80 39

37 Depot 7

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 30 of 30 Birmingham City Council

Planning Committee 05 November 2020

I submit for your consideration the attached reports for the South team.

Recommendation Report No. Application No / Location / Proposal

Approve – Conditions 7 2020/01795/PA

Land bounded by Chapel Lane, Harborne Lane and Bristol Road Selly Oak Birmingham B29

Demolition of supermarket and erection of 1187 units of purpose built student accommodation and student communal facilities (Sui Generis), ground floor commercial and community floorspace (Use Classes B1/A1/A2/A3/D1/D2) and associated works including new hard and soft landscaping, internal site vehicular circulation route and parking with access from Chapel Lane roundabout

Approve – Conditions 8 2020/07019/PA

Bishop Challoner RC School Institute Road Kings Heath Birmingham B14 7EG

Erection of a two storey teaching block

Page 1 of 1 Director, Inclusive Growth (Acting)

Committee Date: 05/11/2020 Application Number: 2020/01795/PA Accepted: 04/03/2020 Application Type: Full Planning Target Date: 06/11/2020 Ward: Weoley & Selly Oak

Land bounded by Chapel Lane, Harborne Lane and Bristol Road, Selly Oak, Birmingham, B29

1. Proposal

1.1. Planning permission is sought to demolish a former supermarket building and erect three detached buildings which primarily consist of purpose built student accommodation which will provide a total of 1,187 bed spaces. The application has been put forward by Hines who are a global real estate firm. In December 2016, Hines UK launched the Aparto student accommodation brand in the UK and Europe. Over the past 4 years Hines have developed a number of student schemes across the UK and Ireland.

1.2. The scheme consists of 239 self-contained studios and 948 en-suite rooms which are arranged in clusters of between 4 and 10 bedrooms. The studios vary in size between 16sqm and 26sqm. The ensuite bedrooms vary in size between 12.1 and 25.8sqm. The clusters all include a shared lounge and kitchen area which varies between 22.7 and 37sqm in size.

1.3. Building A fronts onto the Bristol Road includes a variety of different uses at ground floor level. There is a games room, study, lounge, laundrette, auditorium and gymnasium which are for the exclusive use of the students. For the general public there is a café, flexible space (A1/A2/B1/D1/D2) and community room (D1) which all front onto the Bristol Road. This building provides the main pedestrian entrance to the site on the corner of Chapel Lane and Bristol Road which leads into a large entrance lobby and lounge. A separate entrance on the Bristol Road is provided for cyclists. This building consists of a number of distinct blocks that vary in height between 4 and 12 storeys high.

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Image 1: View from junction of the Bristol Road and Harborne lane looking north towards Building A

Image 2: Proposed entrance on Chapel Lane

1.4. Building B is positioned in the heart of the site and is closest to the vehicular entrance from Chapel Lane. This includes a study and canteen on the ground floor. The blocks within this building vary in height between 4 and 10 storeys.

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Image 3: View along Harborne lane looking north-west towards building B with Building C in the distance

1.5. Building C is located in the northern corner of the site and incorporates a block which is 12 storeys high. Four different brick types are proposed across the development, which are varying shades of orange and red. All buildings have a flat roof.

1.6. There is only one vehicular entrance to the site which is via the roundabout on Chapel Lane and this would be a gated access. This gated entrance would primarily be used for deliveries and maintenance. The access would also be used at the beginning and end of each term for drop off and pick-ups. 27 short term spaces are provided within the site for this purpose. The only permanent parking on site is 4 spaces for blue badge holders. The proposal provides 291 long stay cycle spaces which are positioned in 3 different locations across the site. A further 30 short stay cycle spaced are proposed adjacent to the site entrances.

1.7. Outdoor amenity space is provided in a number of different locations across the site. Block A has a centrally located courtyard (1320sqm) with a roof top garden (528sqm). The Courtyard area for block B measures 907sqm with further amenity areas provided adjacent to Block C (492sqm) and near to the vehicular entrance (477sqm). In total 3,724sqm of outdoor amenity is provided for occupiers across the site.

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Image 4: Proposed Site Plan

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Image 5: 3-dimensional site layout

1.8. Following dialogue between Officers and the applicants the scheme has been substantially amended since its initial submission in March. Key changes include the following:

• A reduction in maximum height from 16 storeys to 12 storeys; • Removal of metal cladding from the materials palette so that all outward facing elevations are constructed from a palette of 4 different tones of red/orange bricks; • The removal of rooftop set backs on the Bristol Road frontage; • Increase in variety of fenestration details across the development; • Increase in use of natural ventilation across the site through louvered panels and openable windows; and • Introduction of an above ground drainage strategy which has increased levels of soft landscaping

1.9. The application is supported by a Design and Access Statement, Planning Statement, Tree Survey, Contaminated Land Report, Noise Survey, Air Quality Assessment, Heritage Statement, Townscape and Visual Impact Assessment, Construction Environmental Management Plan, Statement of Community Involvement, Student Needs Assessment, Archaeological Assessment, Economic Impact Statement, Ecological Assessment and a Flood Risk Assessment.

1.10. Link to Documents

2. Site & Surroundings

2.1. The application site consists of a triangular parcel of land bounded by the Bristol Road, Chapel Lane and Harborne Lane. A 2 storey red brick building lies vacant on the site adjacent to the Bristol Road. The building was last utilised as a supermarket

Page 5 of 24 in Autumn 2018. The remainder of the site provided car parking for the supermarket. The supermarket operated with a single vehicular entrance on Chapel Lane with the exit on Harborne Lane. The site falls within the boundary of Selly Oak District Centre and is consequently surrounded by a mix of uses. To the north is the Battery Retail Park and to the east there are variety of A class uses on the Bristol Road. Residential development is located to the west of the application site. Highway improvement works are currently being undertaken to the road network around application site which has resulted in the introduction of a roundabout at the entrance point into the site.

2.2. Site Location Plan

3. Planning History

3.1. No relevant history on application site. Key history of adjacent Battery Site:

3.2. 2013/02178/PA - Outline planning application for mixed use development comprising of life sciences campus (Use Classes B1a, B1b, B1c), supermarket (Use Class A1), non-food retail units (Use Class A1), financial and professional units (Use Class A2), cafe and restaurant units (Use Class A3), drinking establishments (Use Class A4), hot food take-away (Use Class A5), leisure (Use Class D2), student accommodation (Sui Generis), petrol filling station (Sui Generis), a linear open space walkway 'greenway', vehicular Access to the site, car parking (including multi storey car parking), landscaping, retaining walls, and associated works including demolition of existing buildings. Matters Reserved: Scale, Layout, Appearance, Landscaping, pedestrian and cycle Access, and vehicular Access within the site. Approved on 28/11/13.

3.3. 2015/04902/PA Reserved matters application following outline consent 2013/02178/PA for the layout, scale, appearance, landscaping, pedestrian and cycle access, and vehicular access within the site for the supermarket and other retail development, student accommodation and petrol filling station. Approved on 17/12/2015

4. Consultation/PP Responses

4.1 Transportation Development – No objection subject to conditions requiring submission of a student management plan, submission and completion of works for the S278/TRO Agreement, parking areas to be laid out, provision of cycle storage and construction plan is place prior to commencement.

4.2 Regulatory Services – Contamination issues can be addressed through conditions requiring the submission of a contamination remediation scheme and contaminated land verification report. Noise and air quality mitigation measures suggested should be shown on approved plans rather than conditioned. Flue details required for canteen/café uses. Further conditions are required to control the hours of use of student communal areas and ensure that no gas fired boilers will be incorporated in the scheme. A construction management plan condition is also requested as the proposed 7am start time on site with the Construction Environmental Management Plan is not considered to be acceptable.

4.3 West Midlands Police – No objection subject to conditions requiring CCTV, secure access system and secure refuse and cycle stores.

4.4 West Midlands Fire Service – No objection

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4.5 Environment Agency – No objection subject to conditions requiring the undertaking of a remediation strategy.

4.6 Severn Trent Water – No objection subject to drainage condition

4.7 Lead Local Flood Authority (LLFA) – No objection subject to the submission of sustainable drainage and a sustainable drainage assessment and operation and maintenance plan.

4.8 Adjacent occupiers, Councillors, M.P. and residents associations notified and site/press notices posted. 104 letters of objection received to the initial consultation raising the following concerns: • Increased noise and disturbance; • Already over-provision of purpose built student accommodation and HMOs in the area; • Coronavirus will reduce demand for accommodation with more people studying from home; • It will be too expensive for most students; • More accommodation should be built on The Vale instead; • Increased pressure on public services; • Increased demand for parking spaces as students will still bring cars; • Car park is needed on site; • Increased traffic; • Harmful financial impact on local landlords; • Increased likelihood of accidents increasing risk for both pedestrians and drivers; • Number of university students will not increase significantly; • Damage to local environment; • No benefits for local community; • Site cannot reasonably accommodate so many students; • Increased crime and anti-social behaviour; • Increase in insurance prices; • Scale of development is excessive; • More residents should have been consulted; • No real plan for Bristol Road frontage and will end up empty; • Over concentration of students within Bournbrook area; • Harmful to local community with families continuing to move out of the area; • Continued spread of student accommodation; • Alternative use would be preferable e.g. affordable family housing, entertainment venue, hotel or medical facility; • No need for further student accommodation; and • Harm to the character of the area • Loss of privacy; • Development is over-bearing on nearby houses and school; • Negative impact on house prices; • Development will not mean the HMOs are returned to family dwellings. • HMOs may turn into supported accommodation; • Gated developments harm local amenity; • Community space isn’t needed; • Flexible unit will remain empty; • Development is too large and disproportionate in relation to surrounding 2 storey buildings;

Page 7 of 24 • Increased air pollution; • Loss of sunlight; • More shops and job creation needed; • Increased litter; • HMO’s will become abandoned and deteriorate; • Site is too far from the University of Birmingham; • Health hazard arising from high population density; • Lack of pre-application consultation; • GP surgerys cannot cope with additional patients; • Selly Oak is turning into a ghost town; • Increased traffic and congestion; • The cross city line cannot cope with a further increase in passenger numbers; and • Impact on local infrastructure e.g. water, refuse collections

4.9 2 letters of support has been received to the initial consultation raising the following matters: • Close to train station; • Community uses welcomed; • Increased traffic is a myth; • Good for local businesses; • HMOs can be converted back to family homes; and • Important to maximise density in sustainable location;

4.10 An objection has been received by the Frederick Road and Rachel Gardens Residents Association (RGRA) raising the following concerns: • Too many students from Birmingham City and Aston Universities are already living in Selly Oak; • Site is too far from University campus; • No demand for accommodation; • Scale and massing is excessive; • Loss of light; • Loss of privacy; • Development dominates nearby houses and Cherry Oak School; • Poor living environment for students; • More HMOs will be converted to supported housing; • Majority of the site is closed to the public; • Parking needs to be monitored; • Café and community room are not needed; and • No clear use or tenant for flexible space

4.11 An objection has been received by the Friends of Selly Oak Park raising the following concerns: • No need for further purpose built student accommodation; • Increased strain on local services; • Harmful impact on local community; • Spread of student population across a wider area of Selly Oak; and • Increasing number of HMOs converted to supported housing creating issues in community;

4.12 An objection has been received by Councillor Liz Clements raising the following matters:

Page 8 of 24 • Excessive size, scale and density of development; • Harmful impact on the character of the local area; • Residents in Rebecca Drive and Cherry Oak School will be overlooked; • Loss of pedestrian access across the site; • Introduction of windows onto Bristol Road frontage is welcomed but concerns that premises will remain unoccupied; • Increased pressure on parking as students will still bring cars; • No need for further purpose built student accommodation; and • HMOs are not being converted back into family homes but are being used as supported housing instead

4.13 An objection has been received by Councillor Fred Grindrod raising the following matters: • The need for further purpose built student accommodation has not been demonstrated. • Over-development of the site; • Scale and density of development is excessive; • The proposal is not well located for the university it aims to serve; • Development will be overbearing on properties on Rebecca Drive and Cherry Oak School; • There is no shortage of cafes or community rooms in Selly Oak; • Flexible unit could remain empty; • Proposal creates a gated community with very little public access; • Harm to local amenity • The proposals would undermine the local community with HMOs converting to supported housing; and • Concerns over limited on-site parking, this will need to monitored closely.

4.14 An objection has been received by the Community Partnership for Selly Oak (CP4SO). The following concerns have been raised: • No need for further purpose built student accommodation; • Much greater level of parking needed as students will still bring cars; • Over-development of the site; • Site is too far from University campus; • Rebecca Drive and Cherry Oak School will be overlooked by the development; • Development will be overbearing on Cherry Oak School, Rebecca Drive and flats above shops on opposite side of Bristol Road; • Density, scale and massing are excessive; • Harm to local amenity; • Majority of the site is closed to the public; • Increased likelihood of more HMOs being converted to supported housing; • Development harms the character of the area; • Café and community space not needed; and • Flexible unit may remain unoccupied

4.15 A letter of objection have been received by Steve McCabe MP raising the following concerns: • No need for further purpose built student accommodation; • Poor quality living environment for students living in block C; • Increased pressure on parking in local streets; • Increased traffic; • Highway safety concerns;

Page 9 of 24 • Harm to local businesses including the Job Centre; • Harm to Cherry Oak Primary School; • Increased levels of noise and disturbance; and • Development is too large and has excessive height; • Cherry Oak School is overlooked; • Loss of privacy for nearby houses; • Increased pressure on local GP Surgeries; • More cycle parking is needed; • More disabled parking spaces are needed; • Loss of sense of community within Selly Oak; • Disproportionate number of students already within Selly Oak; • Covid-19 crisis will almost certainly have limited the ability of residents to submit comments

4.16 Following a 3 week re-consultation 28 additional letters of objection were received. The following new issue was raised: • Such a high density development could be the epi-centre for future virus breakouts

4.17 The Community Partnership for Selly Oak (CP4SO) have submitted a further objection to the amended scheme raising the following matters: • In terms of its scale and mass the development is still too big; • The properties on Rebecca Drive and Cherry Oak School will still be overlooked and the development will be overbearing; • Development will also be overbearing on the residential flats above shops on the opposite side of the Bristol Road; • Unacceptable levels of noise and air pollution for proposed occupiers, a mechanical ventilation system should be used rather than opening windows; • The redesigned frontages are less attractive than before. A greater variation in building heights should be used to reduce the number of bedrooms; • A demand for the accommodation has still not been demonstrated; • The development is too far from the University campus; • Still concerns about the lack of parking and proposed car ban; and • Happy that a viable management plan has been provided for the community room however it should be free to use

5. Policy Context

5.1. The following local policies are applicable: • Birmingham Development Plan (BDP) 2031 • Birmingham Unitary Development Plan (UDP) Saved Policies 2005 • Places for Living SPG • Car Parking Guidelines SPD • Wider Selly Oak SPD

5.2 The following national policies are applicable: • National Planning Policy Framework (NPPF)

6. Planning Considerations

6.1. I consider the key planning issues in the determination of this application are; the principle of site redevelopment; the principle of student accommodation on this site; economic impact; impact on Selly Oak District Centre; the siting, scale and

Page 10 of 24 appearance of the proposed building; living conditions for prospective occupiers; impact on parking and highway safety; impact on neighbouring residential amenity; impact on trees and landscape; sustainability and drainage.

6.2. Principle of Site Redevelopment

6.3. The National Planning Policy Framework (NPPF) advises that there is a presumption in favour of sustainable development and that for decision making this means approving development proposals that accord with the development plan without delay. Paragraph 117 encourages the use of as much previously developed (brownfield land) as possible.

6.4. Policy GA9 of Birmingham Development Plan (BDP) promotes the Selly Oak and South Edgbaston area for major regeneration and redevelopment. The policy seeks to strengthen the role of Selly Oak District Centre Growth Point. To address the need for regeneration of the centre the policy recommends that all developments should contain a mix of uses, make a positive contribution to the diversity and vitality of the Centre. The policy makes specific reference to the Triangle Site indicating that it would be suitable for small scale retail, offices, other town centre uses and residential.

6.5. The site, which is located within the District Centre and has lain vacant since the opening of food superstore on the new Selly Oak Retail Park, which was formerly known as the Battery Site. When outline planning permission was granted for a major mixed use development on the Battery Site (2012/02178/PA) it was accepted that a large supermarket was no longer required on the Triangle Site. The S106 associated with Battery Site specifically precluded the then applicant from using the Triangle site for food retail once the new store was complete. Bearing this in mind and the sites position adjacent to two retail parks further significant retail would be unsustainable in the current economic climate.

6.6. This student accommodation led scheme is supported by a café (A3), community hub (D1) and flexible unit (A1, A2, D1, D2) which creates a genuine mix of units on the site. The re-development of the site has been a long term aspiration of the City Council and the range of uses proposed conforms with the aims of Policy GA9.

6.7. Principle of Student Accommodation

6.8. The Birmingham Development Plan (BDP), at Policy TP33, has a set of criteria for off-campus development which includes; a demonstrated need for development; a good location in relation to the educational establishment, local facilities and public transport; that the development would not have an adverse impact on the local neighbourhood or residential amenity; the scale, massing and architecture of the development is appropriate for the location; and that the design and layout of the accommodation would create a positive living experience.

6.9. The application site falls within the defined District Centre and also falls within the primary shopping area. However the site is also identified as a development opportunity within the Wider Selly Oak SPD. The policy identifies that a mix of uses could be acceptable on the site including non-food retail, community uses, residential, hotel, student accommodation, offices and leisure uses.

6.10. The Wider Selly Oak SPD acknowledges the attractiveness of Selly Oak for student accommodation and the application site is one the identified larger sites where purpose-built provision could be acceptable. The scheme also incorporates

Page 11 of 24 community uses and A class uses on the Bristol Road frontage as supported by the SPD.

6.11. The submitted Market Demand Report finds that the area around University of Birmingham has a potential undersupply of more than 13,000 PBSA bed spaces. This takes into account bed spaces currently available at UoB accommodation, including those that are part of nomination agreements, as well as beds offered on a direct let basis in a commutable distance. The report also notes that there are currently only a small number bed spaces in the development pipeline close to UoB and the focus of other planned PBSA is overwhelmingly in and around the city centre.

6.12. The report calculates that the student to bed space ratio for the University of Birmingham stands at 2.2:1 indicating a need to deliver additional accommodation in the area. Planning Policy Officers are therefore content that a need has been demonstrated in this instance.

6.13. Objectors have specifically raised the potential reduced demand for student accommodation since the start of the Covid-19 global pandemic. This has been modelled within the applicants latest Student Needs Assessment. Two different scenarios have been tested, which are described as optimistic and pessimistic. The optimistic scenario models a drop in demand of 7% whereas the pessimistic option tests a drop of 16%. Under the pessimistic option the student bed ratio drops to 1.8:1 which still indicates a need and demand for further PBSA in locations close to educational establishments.

6.14. I note local objectors’ concerns regarding an over-supply of student accommodation (and associated impacts in creating an unbalanced community). However, I am satisfied that, existing and currently consented developments for student accommodation fall short in terms of providing sufficient residential accommodation to meet the identified quantitative need for student accommodation to serve the University of Birmingham. The increasing trend in full-time students at the University, and in particular overseas students, means there is a demonstrated demand for purpose built accommodation. Selly Oak will always likely be a popular location for students to live in because of its close proximity to the University.

6.15. The scheme provides of mix of cluster units and studios which come in a variety of sizes meaning that they cover a range of price points. The applicant states that typically their en-suite rooms will tend to cost more than the price of a room in an HMO, however the quality of the accommodation, the inclusion of all bills and access to a range of communal on site facilities mean that it provides an attractive alternative to some students. Economies of scale available on a site of this size allows the applicant to provide facilities that are not normally available to those in smaller schemes or in HMOs. In summary, it is considered that the scheme provides a good mix of accommodation, providing an attractive alternative choice for students.

6.16. A reasonable walking distance is defined as 10 minutes/around 1km in the Council’s report on Student accommodation supply and demand. The application site is located 15 minutes’ walk from the centre of the University of Birmingham campus, approximately 1.2km and although this is marginally in excess of the definition above, I do not consider this to be significant bearing in mind the direct nature of walking routes available e.g. along the Bristol Road or canal towpath.

Page 12 of 24 6.17. Selly Oak Railway station is approximately a 4 minute walk away (320m) from the application site and there are 8 different bus services operate along Bristol Road adjacent to the site. The development is also being designed to allow direct access to a proposed cycleway. The application site is located within Selly Oak District Centre and therefore benefits from direct access to a range of local facilities. In addition, it has a similar relationship (in terms of distance) to other recently approved student schemes, such as the Birmingham Battery site. I therefore consider the site has good access for walking, cycling and public transport.

6.18. Current planning policy does not restrict the provision of student accommodation at this site and therefore I consider such development would be acceptable in principle, and the need for additional student accommodation has been demonstrated in accordance with Policy TP33 of the Birmingham Development Plan.

6.19. Economic Impact

6.20. The applicant has submitted an Economic Impact Statement in support of the application. It is estimated that over the 2 year construction period the scheme will create the equivalent of 250 full-time jobs each year in the construction industry. It is estimated that once complete the scheme will create approximately 45 full time jobs through the maintenance and management of the student accommodation and community facilities. The introduction of over 1,000 students onto the site would also result in increased expenditure in local shops and services.

6.21. In summary, the scheme would deliver significant economic benefits over both the construction and occupation of the development which would boost the local economy.

6.22. Impact on Selly Oak District Centre

6.23. The property is situated within the Primary Shopping Area (PSA) of Selly Oak District Centre. The ‘Shopping & Local Centres’ SPD requires that 55% of ground floor units within the PSA must be retained as A1 retail uses. The current percentage is 46.72% which is already below the 55% figure meaning that ideally no further retail units should be lost. The redevelopment results in the loss of a large food retail store from the site however it is important to remember that the same food retailer has a new superstore on the nearby Selly Oak Retail Park so in this wider sense there has been no harm to provision of retail facilities in the Selly Oak District Centre. Furthermore, in the current economic climate it is highly improbable that a retailer would occupy a unit of this size within the district centre. It is also worth noting that the flexible unit on the Bristol Road could be occupied by an A1 retailer.

6.24. Policy 2 of the SPD states that the change to a non-shopping use within a PSA must be considered against a number of factors to ensure suitability.

6.25. Currently there is a blank frontage along the Bristol Road between Harborne Lane and Chapel Lane. The proposaI introduces a heavily glazed elevation consisting of the entrance foyer to the student accommodation, café, gymnasium (although not publically accessible), flexible unit and a community hub. This provides a variety of uses along this stretch of the Bristol Road and should result in an active frontage throughout the day and evening which is a substantial improvement over the current situation.

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6.26. The community hub will be managed and maintained by the site owners and be available for the use of the local community. Possible events include (but are not limited to) mother and baby groups, local society meetings or simply a space for people to get together. The community hub would be an entirely self-contained area with no access to the remainder of the student development. Facilities provided for the users of the hub include running water, refrigeration provision, toilets, tables, chairs and a display screen. It is envisaged that there will be an online booking system for the hub with the facility available for booking between 8am and 9m every day.

6.27. The applicant has applied for a variety of possible uses for the flexible unit incorporating retail (A1), Financial and professional services (A2), non-residential institutions (D1) and assembly and leisure (D2). This provides flexibility for the applicant and increases the likelihood of an occupier being found.

6.28. The site has been vacant for approximately 2 years. The proposal will therefore greatly enhance the vitality and viability of the Selly Oak District Centre.

6.29. Siting, Scale and Appearance

6.30. The existing building is of red brick construction with a pitched tiled roof. The building extends across virtually the whole Bristol Road frontage between Chapel lane and Harborne Lane with car parking located across the remainder of the application site. The relatively modern building has no particular architectural merit and provides a dead frontage to the Bristol Road therefore the loss of the building would be acceptable.

6.31. The scheme proposes 3 buildings consisting of a series of blocks which vary in height between 4 and 12 storeys high. Building A is located towards the south of the site adjacent to the Bristol Road. The ground floor provides an active frontage to the Bristol Road incorporating the entrance foyer, café, gymnasium, flexible use and community space. This is a significant improvement over the current blank elevation. 4 different brick types have been utilised on the Bristol Road frontage which are different shades of red and orange. The buildings have varying fenestration details and the height of each block is different which creates the impression of a high street that has evolved overtime. The subtle differences between each block add visual interest to the Bristol Road elevation.

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Image 7: Examples of different proposed fenestration details

6.32. Building B is ‘C shaped’ with the scale of the building reducing at the Harborne Lane side of the site. This responds to the residential properties on Rebecca Drive. The taller elements of the site are therefore located closer to other commercial developments such as the adjacent retail park.

6.33. Building C is located at the northern end of the site where land levels are approximately 7m lower than the opposite end of the site. It is therefore able to accommodate the increased scale of the 12 storey tower which successfully marks the northern corner of the site. The scheme successfully fronts onto all 3 surrounding roads with no blank elevations facing surrounding streets with the pedestrian entrance located on Chapel Lane.

6.34. The City Design Officer is fully supportive of the final scheme that has evolved through detailed discussion and negotiation over a number of months. In summary, the scale, mass and appearance of the proposal fit comfortably into the street scene maintaining the character and appearance of the area.

6.35. Living Conditions

6.36. The scheme consists of a mix of studios and cluster flats. There are 239 studios proposed which vary in size between 16sqm and 26sqm. The remaining 948 bed spaces are provided in clusters of between 4 and 10 bedrooms. All cluster rooms include an ensuite and vary in size between 12.1 and 25.8sqm in size. The clusters all include a shared lounge and kitchen area which varies between 22.7 and 37sqm in size. A number of the larger rooms have been specially designed to be wheelchair accessible and/or be suitable for other complex needs. All units are considered to be of an acceptable size. In addition all bedrooms have an acceptable outlook with access to daylight.

Page 15 of 24 6.37. A range of communal facilities are provided across the 3 blocks of accommodation. Block A includes games room, study, lounge, laundrette, auditorium and gymnasium. Block B includes a canteen and study room. Combined these communal areas provide 1321sqm of shared space which is considered to be a good level of provision for the proposed occupiers.

6.38. Outdoor amenity space is proposed in a number of different locations across the site. Block A has a centrally located courtyard (1320sqm) with a roof top garden (528sqm). The Courtyard area for block B measures 907sqm with further amenity areas provided adjacent to Block C (492sqm) and near to the vehicular entrance (477sqm). In total 3,724sqm of outdoor amenity is provided for occupiers across the site which is considered to be a good level of provision.

6.39. The applicant has undertaken a noise assessment. The main source of noise affecting the site is vehicular traffic as the site is effectively an island surrounded by 3 busy roads. The noise report identifies glazing solutions to minimise the impact of noise for the proposed occupiers. The assessment also addresses the ventilation and the control of overheating. Options to address such measures include acoustic trickle vents, through wall ventilation and attenuated louvres where noise levels would not permit opening windows. Regulatory Services accept that the measures identified will ensure noise levels are acceptable but would like specific measures finalised and shown on plans at this stage. However, it is considered that as evidence has been provided that appropriate solutions are available that effectively mitigate noise issues the final details can be secured by condition.

6.40. The site is located within an Air Quality Management Area and therefore an air quality assessment has been submitted by the applicant. The assessment identified 15 units at ground floor level in buildings A, B and C with potential exceedances of the NO 2 annual mean objective at the building facades. The report identifies that the mechanical ventilation proposed in these rooms could additionally be fitted with NOx filtration to protect the health of future occupiers. However, the applicant holds long term aspirations for greater levels of natural ventilation to be incorporated where ambient air quality improves and would therefore like the final ventilation scheme to be secured by condition. Regulatory Services have confirmed that the solutions identified would maintain acceptable levels of air quality for occupiers however they would prefer the final scheme to agreed and finalised prior to the granting of planning permission. Whilst it would be preferable to have such certainty now I can understand the benefits of wanting to maximise the use of natural ventilation. As the applicant have proven that air quality can be appropriately mitigated I am satisfied the final scheme can be secured via condition.

6.41. In summary, the scheme creates an acceptable living environment for the proposed occupiers.

6.42. Parking and Highway Safety

6.43. The Council’s Car Parking Guidelines SPD recommends a maximum of 1 space per 5 beds and a minimum of 1 cycle space per 4 beds for purpose built student accommodation. There is no minimum parking provision requirement. The proposal provides 291 long stay cycle spaces which are positioned in 3 different locations across the site. A further 30 short stay cycle spaced are proposed adjacent to the site entrances. This exceeds the minimum cycle parking requirement of 296 spaces in the adopted SPD. It is worth noting that the emerging Parking Standards SPD

Page 16 of 24 requires 1 cycle space for every bedroom. This substantial level of provision has not been provided however the applicant has provided evidence that shows provision at a ratio of 1 cycle space for every 4 bed spaces is more than adequate at their other sites across the UK. For example, at their Reading residence, Queen’s Court, they have 100 cycle spaces for 400 students and the cycle storage generally reaches a peak of around 40% capacity. On this basis the level of cycle storage is considered to be acceptable in this instance.

6.44. In terms of car parking there would be 4 off-street disabled parking spaces and a further 27 short stay parking spaces. Transportation are satisfied that this level of provision will enable the site to operate effectively.

6.45. The site is located within Selly Oak District Centre meaning that there is excellent access to local facilities. There are bus stops located along the Bristol Road which have very frequent services into the City Centre. Selly Oak Rail Station is located approximately 350m from the site, and again provides frequent rail links to the City Centre. I am therefore satisfied that the site benefits from good public transport links, and is located within easy walking/cycling distance of the University of Birmingham and local facilities at Selly Oak District Centre.

6.46. A Travel Plan has been submitted which will make students fully aware of the non- car opportunities of travel. Furthermore, it is understood that the lease agreement would prevent students from parking along local roads and within a certain distance of the site. A Student Management Plan which indicates the procedures for drop- off/pick up at the start/end of each term to ensure that this is carried out on a phased basis.

6.47. Transportation Development have raised no objection to the scheme subject to a number of conditions. A number of objections have been received regarding the lack of parking and students bringing cars to the site With a tenancy agreement and management plan in place it is considered there should be no discernible impact on parking provision in nearby roads.

6.48. Concerns have been raised over traffic and congestion. However, it is important to remember that the site was previously occupied by a busy supermarket. It is considered that the vehicular movements associated with this retail use would have been substantially greater than what is likely to occur with the proposed student accommodation.

6.49. Amenity of Existing Residential Occupiers

6.50. The closest residential dwellings are No’s 25 –31 (odds) on Rebecca Drive. At the nearest point the front elevation of these terraced properties are located 52m from building B. Furthermore, the nearest part of block B is limited to 5 storeys in height. Residential flats are located above commercial units on the Bristol Road which are opposite the application site however a separation distance of 40m is retained. In both cases this significant level of separation is considered sufficient to prevent overlooking or a loss of privacy.

6.51. Concerns have been raised over the relationship with Cherry Oak School, To help address this concern the tallest tower has been reduced by 4 storeys in height down to 12 storeys high. The school boundary is 41m from the nearest part of Block C which is 7 storeys high and 44m from The 12 storey block. This level of separation is considered acceptable to prevent any direct overlooking of school playground.

Page 17 of 24 Furthermore there are some trees planted along the rear boundary of the school grounds which provide a level of screening.

6.52. A Construction Environmental Management Plan has been submitted with the application which has been reviewed by both Regulatory Services and Transportation. Regulatory Services have raised concerns over the delivery and working hours of 7am to 6pm Monday to Friday and 7am to 2pm on Saturdays. They have indicated a preference for an 8am start and have requested that this matter is addressed via condition. It is important to note that the site is located within a district centre and surrounded by busy and noisy roads. A 7am start would allow deliveries to occur before peak hours thereby minimising disruption on local roads. With the site access and egress positioned on Chapel Lane any disruption for local residents would be minimised. On balance, the Construction Environmental Management Plan is considered to be acceptable in its current form.

6.53. On balance, the proposal does not have a significant impact on the living conditions of nearby occupiers.

6.54. Trees and Landscaping

6.55. The site is predominantly hard surfaced with some trees located around the periphery of the site. The submitted tree survey identified 15 individual trees and 3 tree groups either within or adjacent to the site. However, 9 of these individual trees have already been removed by the Council to facilitate the Selly Oak new road scheme. The applicant intends to remove 1 category C and 1 category B tree. The Tree Officer raises no objection to this noting that the ‘Selly Oak’ is being retained and incorporated into the soft landscaping scheme. It is considered that appropriate planting can be secured through a landscaping condition.

6.56. Sustainability

6.57. A Sustainable Construction and Energy Statement has been submitted with the application. The submitted Sustainable Construction and Energy Statement demonstrates that a range of renewable technologies have been considered and the proposal incorporates VRF heat pumps, Co2 heat pumps and photovoltaic panels. The statement also sets out that how the building can meet the BREEAM ‘excellent’ standard. To ensure this is achieved a condition will be attached. The requirements of TP3 and TP4 have therefore been met.

6.58. Drainage

6.59. A detailed Drainage and Flood Risk Assessment has been submitted with the application. The scheme proposes above ground attenuation in the form of wetland areas that form part of the soft landscaping of the scheme. These water features will ensure that surface water drains into the public sewer at greenfield run-off rates. The Lead Local Flood Authority are fully supportive of the scheme and raise no objection subject to conditions.

6.60. In summary sufficient information has been provided to demonstrate that the proposed drainage strategy is in full accordance with the requirements of policy TP6 of the BDP.

6.61. Other Issues

Page 18 of 24

6.62. Many objectors believe that the site should be used for alternative uses which include affordable family housing, an entertainment venue, hotel or medical facility. It is important to note that the site is effectively a large island that is bounded by busy roads. This detracts from the attractiveness of the site for certain alternative uses. Furthermore, officers are only able to consider the scheme presented to them to determine whether the predominant use as student accommodation is acceptable. The fact that other alternatives may also be theoretically acceptable on the site should have no bearing on the determination of this application.

6.63. Concerns have been raised over the potential for increased crime and anti-social behaviour. The site will have staff present 24/7 with just one pedestrian and vehicular access into and out of the student accommodation. With robust boundary treatments provided around the site is considered to be secure. It is important to note that West Midlands Police have raised no objection to the scheme. Concerns have been raised over littering however there is no evidence that this would be the case.

6.64. Some objectors felt that the level of consultation on the application was insufficient. However, 282 letters were sent to nearby properties, site notices were posted adjacent to the site and a press notice was published in the local newspaper. This comfortably exceeds the minimum requirement set out within the Development Management Procedural Order. The applicant also undertook their own extensive consultation exercise prior to the submission of the application which included a workshop and public exhibition. In total flyers were sent to 1953 properties by the applicant during the pre-application consultation exercise.

6.65. Concerns have been raised over the impact on house prices however this is not a material planning consideration.

6.66. Regulatory Services has requested a condition limiting the hours of use of all communal areas within the student accommodation. Bearing in mind the significant distance from the nearest residential properties and the ambient noise levels surrounding the site arising from vehicular traffic, this is considered to be unnecessary.

6.67. The development would be liable for Community Infrastructure Levy (CIL), which I calculate to be in the region of £2,680,000.

7. Conclusion

7.1 I consider the development of this site for purpose built student accommodation would be acceptable in principle, given this is a brownfield site in a highly sustainable location within walking distance of the University of Birmingham campus. The siting, scale and appearance of the proposed development would be acceptable and would sit comfortably in the streetscene. There would be no adverse impact on the amenity of neighbouring residential occupiers and the development would provide an acceptable living environment for future occupiers. The proposal would support the function of the University of Birmingham as a key provider of employment, culture, and learning in the City. Therefore I consider the proposal would constitute sustainable development and I recommend that planning permission is granted.

8. Recommendation

8.1. Approve subject to conditions.

Page 19 of 24

1 Requires the scheme to be in accordance with the listed approved plans

2 Implement within 3 years (Full)

3 Requires the submission of sample materials

4 Requires the prior submission of a sustainable drainage scheme

5 Requires the submission prior to occupation of the properties of a Sustainable Drainage Assessment and Sustainable Drainage Operation and Maintenance Plan

6 Requires the submission of a CCTV scheme

7 Requires the submission of a lighting scheme

8 Requires the prior submission of a contamination remeditation scheme

9 Requires the submission of a contaminated land verification report

10 Requires the implementation of tree protection

11 Requires the submission of a scheme for ecological/biodiversity/enhancement measures

12 Requires the submission of details of bird/bat boxes

13 Requires the prior submission of a habitat/nature conservation management plan

14 Submission of final BREAAM standard excellent certificate

15 Requires the prior submission of level details

16 Requires the submission of hard and/or soft landscape details

17 Requires the submission of hard surfacing materials

18 Requires the submission of boundary treatment details

19 Requires the submission of a landscape management plan

20 Requires the provision of cycle parking prior to occupation

21 Requires the parking area to be laid out prior to use

22 Requires the submission and completion of works for the S278/TRO Agreement

23 Provision of Community Hub

24 Requires the submission any extraction and odour control details for the A3 unit and student canteen

25 Prevents the use of a gas fired boiler

Page 20 of 24

26 Requires the submission of methodology for undertaking further noise and air quality monitoring

27 Requires the submission of detailed scheme of glazing and ventilation

28 Continious review of The Student Management Plan

29 Requires the implementation of a Construction Environmental Management Plan

30 Requires the submission of architectural details

31 Requires the submission of window frame details

32 Submission of detailed cross-sections

Case Officer: Andrew Fulford

Page 21 of 24 Photo(s)

Photo 1: View north across Bristol Road towards rear of the former retail superstore

Photo 2: View south west from Chapel Lane towards site entrance

Page 22 of 24

Photo 3: View north east across the site (former Sainsburys car park)

Photo 4: View from Harborne Lane towards properties on Rebecca Drive

Page 23 of 24 Location Plan

D A O R L O T IS R B W o Shelter rc e s te r a n Shelter d B i 142.0m rm in g h a m C a n a l El Sub Sta

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Shelters

THE DINGLE

R E B E C 144.2m

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6 4 Superstore

5 7

2 66 7

1 Shelter 3 H F

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1 A R 1 H W B Y O

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7 2

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Page 24 of 24

Committee Date: 05/11/2020 Application Number: 2020/07019/PA Accepted: 09/09/2020 Application Type: Full Planning Target Date: 04/11/2020 Ward: Brandwood & King's Heath

Bishop Challoner RC School, Institute Road, Kings Heath, Birmingham, B14 7EG

Erection of a two storey teaching block Recommendation Approve subject to Conditions

1. Proposal

1.1. Permission is sought to erect a two storey front extension to an existing building within the school grounds. This is a re-submission of a previous application (ref. No. 2020/04120/PA), which was refused on 23 July 2020.

1.2. The extension would provide additional teaching facilities consisting of 6 class rooms and a small office and toilets would be provided on each floor. The extension has a footprint of about 260sqm and is an irregular shape projecting out to the side of the front wing. The extension would be 7.7m high. The development would be constructed using a mix of red bricks and blue bricks with a glazed area where the staircase is located and would have a flat roof.

Proposed Ground Floor

Page 1 of 13

Proposed First Floor

East and North Elevations

Page 2 of 13

South and West Elevations

1.3. There are currently 31 existing car park spaces, the new total would be 36, therefore 5 additional car park spaces.

Page 3 of 13

Propose Site Plan

1.4. The extension will increase the capacity of the school by 100 students from 1,220 to 1,320 and create 5 additional teaching jobs increasing the number of staff from 165 to 170.

1.5. The application is supported by a Transport Statement, Travel Plan and a Tree Survey.

1.6. Link to Documents

2. Site & Surroundings

2.1. The application site consists of Bishop Challoner Catholic College which is a faith based secondary school with an access on Institute Road. The school consists of a large 2 storey brick building which has been extended in various locations over time. There is a small car park to the rear of the site with the playground located at the front. The site is in close proximity to Kings Heath District Centre but residential development is located to the north and east of the site. St. Dunstans Catholic Primary School is located to the south of the site.

3. Planning History

3.1. Various extensions and alterations in different locations across the site. None of which are considered to be directly relevant to this application.

Page 4 of 13 3.2. 2020/04120/PA – Erection of two storey teaching block at the front of the site – refused on 23 July 2020. The proposal was refused for the following reasons:

• Inadequate separation distance to the adjacent property and its private garden that would lead to a loss of privacy for the occupiers of this property; • siting and scale the proposal would have an overbearing impact on the occupiers of the adjacent residential property thereby substantially harming amenity levels; • The proposed increase in pupil numbers would exacerbate parking and congestion in the surrounding residential streets resulting in a severe impact on the local highway network.

4. Consultation/PP Responses

4.1. Neighbouring residents, local Ward Councillors and MP, and residents associations have been consulted. A site notice has been displayed.12 objections have been received raising the following concerns:

• No difference to the previously refused scheme • Existing excessive traffic and congestion on local roads, particularly during pupils drop off/pick up period • The proposed increase in a number of pupils would negatively impact both car users and pedestrians • More teachers would need parking spaces to park their vehicles inside the school and causing overflow issues • Extension would ruin the natural sky line and obstruct the views from the windows of both opposite properties and to some extent will be considered as a real eyesore • School expansion would be the cause of more noise issues and air pollution • The main vehicle entrance should be re-positioned elsewhere and not opposite to residential properties as this would have caused less traffic and noise issues • Police incidents due to the behaviour of parents: honking of horns, aggressive behaviour • As a faith school parents drive substantial distances to drop off children; • Due to Covid 19 people are not taking public transport and pupils and teachers would most likely be driving to school • Lack of consultation by the school • The school is already cramped on to a very small site; no capacity for additional pupils; • Loss of privacy; • Increased risk of crime; • Insufficient parking; • Parking permits need to be introduced on surrounding roads; • Roads are too narrow; • Additional car parks needed; • Additional school places should be for local children to minimise impact; • Expansion should take place at other local schools where there is room for expansion; • Increased risk of road traffic accidents; • Increased traffic levels from parents and school deliveries; • Damage to local properties by vehicles driven parents; • Harmful to character of the area;

Page 5 of 13 • Increased litter; • Lack of consultation by school; • Accepted that more school places are needed; • Drives of local residents are regularly blocked; • insufficient parking for staff; • Insufficient leisure space for students with playground reduced; • Cars park on pavements making it too narrow for pushchairs and wheelchairs; • Increased levels of cycling is unlikely due to distance pupils need to travel

4.2. 1 comment has been received noting that there is no accessible lift would be provided to the upper floor classrooms to assist children any teachers with a mobility disability

4.3. Severn Trent – no objection subject to a pre-commencement condition requesting drainage plans for the disposal of foul and surface water flows

4.4. Regulatory Services – no objection

4.5. West Midlands Police – no objection

4.6. West Midlands Fire Safety – no objection

4.7. Transportation Development – no objection, subject to conditions requesting details of a Construction Management Plan; measures to prevent mud on highway during the construction phase; parking management strategy; the new occupiers to sign-up to Birmingham Connected Business Travel Network; details of cycle storage details; and parking areas to be laid out prior to the use of the development

4.8. Local Education Authority – supports the scheme

5. Policy Context

5.1. The following local policies are applicable: • Birmingham Development Plan (BDP) 2031 • Birmingham Unitary Development Plan (UDP) Saved Policies 2005 • Places for All SPG • Car Parking Guidelines SPD

5.2 The following national policies are applicable: • National Planning Policy Framework (NPPF) • Development Management in Birmingham DPD Consultation Draft (2019) was submitted to MHCLG for examination on 17 July 2020

6. Planning Considerations

6.1. The key issues are considered to be:

• Comparison with previous refusal • Planning policy context and principle of the development • The effects on the surrounding environment (specifically impact on character of the area, and impact on the residential amenity) • Highway Safety • Other matters

Page 6 of 13

Comparison with previous refusal

6.2. The current application is broadly similar to the previous scheme, but differs in that the extension has been set back slightly further from the closest neighbouring property, and additional information on the transportation/highway issues have been submitted. The current scheme takes account of the separation distance to the adjacent property and its private garden, which is achieved by setting a rear section of the eastern facing elevation of the extension further away from the boundary wall. As the result the separation distance between that elevation and the side wall of No. 66 has now been increased from 10.5m to 13.7m. Furthermore, the applicant has introduced partial obscure glazing to that section of the extension facing No.66.

6.3. The application is also supported by an amended Transport Assessment survey and Travel Plan. It is also understood that the applicant has recently registered with the Mode Shift STARS accreditation scheme and working closely with the Council’s Travel Plan team in an attempt to promote sustainable modes of travel and working closely with the Council’s Travel Plan team.

6.4. Overall, it is considered that the current scheme is an improvement to the previous scheme, explained in more details below.

Planning Policy Context and Principle of the Development

6.5. The local residents have raised a concern that there is no evidence as to how the applicant has reached its decision to provide additional school places here as some of the existing pupils already travel from other areas of Birmingham. It is therefore anticipated that the school expansion would provide spaces for pupils from other areas of Birmingham.

6.6. Local Education Authority supports the proposals. Birmingham has a growing population with one of the youngest populations in Europe and the significant growth in our primary schools is now passing through to our secondary schools. The proposed 100 place expansion at Bishop Challoner Catholic School will provide the opportunity for more pupils to access good quality provision in a popular area of the city and will go some way to meet our demand for 10,000 additional secondary places over the next 5 years.

6.7. Given that there is a great demand for school places, the proposed school extension would contribute towards the delivery of such facilities, subject to meeting other requirements of the policy, the principle of the proposals is considered to be in accordance with the relevant policies in the BDP.

The Effect on the Surrounding Environment

Character of the Area

6.8. The proposed scheme is similar in many respects to the previous scheme as the general scale of the internal layout and architectural approach but seeks to address the issues which led to the previous scheme’s refusal. It would be located on the front elevation of the existing school building meaning that it is a particularly visible and prominent location. Siting and appearance of the extension were considered acceptable as part of the previously refused scheme.

Page 7 of 13 6.9. The scale and massing of the block would appear reasonable and in keeping with the remainder of the school which is also 2 storeys high. The extension is of a simple design constructed of brick and has a flat roof and would complement the existing school building. The general design approach appears to be appropriate in that what would be contemporary but also a harmonious addition; picking up on some of the features of the existing block, including the materials and rhythm of windows, and with a flat roof in keeping with the existing. The architecture provides some interest and variation by using framing devices to highlight windows, with a range of colours for the window surrounds. The materials identified would seem appropriate in the context and would provide a pleasing contrast in colour and texture.

6.10. As per the original scheme, the entrance, lobby and glazed stairwell remain the same and a welcome feature which provides a sense of activity, animation and natural surveillance.

6.11. Overall, taking into account the size, location and design of the extension there would be no harmful impact on the wider character of the surrounding area.

Impact on the Residential Amenity

6.12. The Places for Living SPG includes a number of numerical standards to help assess the amenity impact of a scheme. Where 2 storey developments have facing windows a separation distance of 21m is required.

6.13. The closest dwelling is No. 66 Institute Road which is an end terrace property located to the east of the application site. The proposed extension would be situated at an oblique angle in relation to that property. The rear wing of the dwelling contains 2 windows at the ground floor level which are located in the side elevation looking towards the proposed development. The siting of the extension has been adjusted for this application to address reasons for refusal of the previous scheme such as loss of privacy and overbearing impacts.

6.14. The front section of the extension remains unaltered whilst the rear section of the extension is set further back from the side elevation with the windows to No. 66, and that distance is now increased from 10.5m to 13.7m. This level of separation falls below the suggested 21m. Therefore some loss of light and privacy to these ground floor windows would remain. Having regard to the presence of the oblique angle between the school and No. 66 and the increased separation distance, the location of the proposal to the north-west of No. 66, and having regard to the sun’s trajectory, any additional effect on daylight and sunlight to No. 66, is considered to not be so significant to warrant refusal of the scheme.

6.15. With regards to overlooking from the first floor windows, these windows would be partially obscure glazed. A condition could be added to ensure that any glazing to these windows (Classroom 6) is obscure and non-openable at 1.7m above the floor.

6.16. For the above reasons, subject to the recommended condition, the amended proposal would not have a significant adverse effect on the living conditions through its overbearing impact and the loss of privacy to No. 66 and its outdoor rear space.

Highway Safety

6.17. The proposal seeks to expand the school capacity with an additional 100 pupils and 5 new teaching posts. The positioning of the extension also results in the loss of 4 coach spaces and 4 car parking spaces however due to the reconfiguration and

Page 8 of 13 extension of the rear car park there is a net gain of 5 car parking spaces, including those which are currently located along the service road (as shown in the red box in the image below). With just a small number of teaching posts created the impact on staff parking is acceptable.

Image: 12 parking spaces outlined in red the service road to be retained

6.18. Similar to the previously refused application, the majority of objections raised concerns over the existing traffic and parking on the residential streets around the site at peak times. Issues raised include roads being heavily congested, lack of parking availability, narrow roads being unpassable, driveways being blocked, private property being damaged and instances of anti-social behaviour. These problems arise from parents dropping off and picking up their children. Issues are more acute in this case due to the wide school catchment area meaning more children being driven rather than using public transport. Furthermore the close proximity to Kings Heath High Street means that residential streets are also used by shoppers and the traditional terraced properties have no off street parking placing greater demand on on-street provision. Additionally, due to Covid-19 many parents drive their children to and from school rather than taking public transport.

6.19. The revised scheme is now supported by Transport Assessment and Travel Plan. Transportation Development Officer has reviewed provided information and noted that the school has provided details of its most recent pupil travel survey (undertaken at the start of the 2019/2020 academic year), which was completed by 814 pupils (equivalent to a 67% response rate, which is statistically representative of the pupil population as a whole). The proposed expansion will result in an additional 100 pupils and 5 staff at the College. Information provided by the school in regards to the existing mode split of pupils and the arrival / departure profile (taking account of before and after school clubs / activities) has been used to identify the likely increase in the number of pupils travelling to school by each mode within the network peak

Page 9 of 13 hours, as well as the afternoon school peak. This assumes that the mode split and arrival / departure profile of the additional pupils will be reflective of those already attending the school.

6.20. The school has recently registered with the Mode Shift STARS accreditation scheme and will, hereafter continue to develop and implement its Travel Plan in accordance with the requirements of the scheme, with support from BCC Travel Plan Officers, as appropriate.

6.21. Transportation Development Officer has also reviewed the consultation responses. It has been noted that in reaction to COVID-19, Birmingham City Council has produced an Emergency Transport Plan, aimed at identifying ways to increase active travel modes and minimise an uplift in car use as a consequence of the pandemic. A pivotal component of the Plan is the creation of low traffic neighbourhoods; Kings Heath is identified as one of the first areas where measures will be introduced in pursuit of this. The proposed scheme includes modal filters, that preclude vehicles moving through an area, whilst maintaining access for pedestrians and cyclists. It is anticipated that together with implementation of the Travel Plan, an Emergency Transport Plan would minimise severe adverse impact on the local highway.

6.22. Transportation Development has raised no objection, subject to a number of conditions, which include a requirement to submit a parking management strategy (including management of disabled/parental child spaces) and requirement for the new occupiers of the premises to sign-up to Birmingham Connected Business Travel Network; all in order to aim towards decreasing reliance on the private car and for continuing staff use of alternative means of transport.

6.23. In light of the current above, it is considered that based on the information provided and with appropriate mitigation, no additional cumulative harm arising from 100 additional pupils at the school is anticipated. Subject to the recommended conditions, it is considered that the expansion of the school would have no severe adverse impact on traffic flow and congestion on the terraced streets surrounding the application site.

Other Matters

6.24. One comment has been received noting that there is no accessible lift would be provided to the upper floor classrooms to assist children any teachers with a mobility disability. In response, the applicant has explained that the main school buildings have full accessibility and include a lift covering the upper floors; all main curriculum subjects and specialist classrooms are accessible within the main school block. The extension would not include a lift, although it would be designed as accessible and the ground floor will be level access.

7. Conclusion

7.1. The proposed development represents an appropriate extension to the school premises and subject to conditions, no unacceptable adverse impacts are expected to arise.

8. Recommendation

8.1. Approve, subject to conditions

Page 10 of 13

1 Requires the scheme to be in accordance with the listed approved plans

2 Implement within 3 years (Full)

3 Requires the prior submission of a construction method statement/management plan

4 Requires the submission of details to prevent mud on the highway

5 Prevents occupation until the turning and parking area has been constructed

6 Requires the submission of a parking management strategy

7 Requires the parking area to be laid out prior to use

8 Requires the submission of cycle storage details

9 Requires the applicants to sign-up to the Birmingham Connected Business Travel Network

10 Requires the submission of hard soft landscape details

11 No development shall commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

12 Requires the prior submission of details of bird/bat boxes

13 Requires obscure and non-openable windows

Case Officer: Alfia Cox

Page 11 of 13 Photo(s)

Image 1: School vehicular Access - Institution Road

Image 2: Aerial photo of the site and No. 66 Institute Road

Page 12 of 13 Location Plan

20 1c 119

21 1b 102 LEVERET DRIVE

Queens Avenue

1a CheshuntPlace

106

6 56 16 5

106a 16

57 45 58 1 to 14 33 35 and Hounds Heathfield Court 31

2 13 15a 15 21 129 11 (PH) 12 9 7 3 5

HEATHFIELD ROAD

HEATHFIELD ROAD 48

154.8m 38 26

18 12

141 2 10

1 1

TCB 8

1 143

108 2

FLORENCE ROAD

110

Community Centre 28 110a

112 149 HIGH STREET

TCB 13

112a 151 14

112b 151a

114

151b 38

118 25

2 2 Shelters 26

151c Scots Corner

3 32 151d

Sunday Car Park School

48 151e

5 151g

120

6a 6

Hall 29 156.4m 29 INSTITUTE ROAD 21 a 27 31 156.1m 37 43 55 37a 67 50

128 156.4m 79 153

157.0m INSTITUTE ROAD

74 156.7m

155

134 80

1 82 MELTON ROAD 2a 136 96

Car Park 2 157

138

159

163

12 161

Shelters 167

64 169

6 8 Bishop Challoner 23

Catholic College 24 Saint Dunstan's (secondary) KINGSFIELD ROAD Roman Catholic

Church

3 1 5 Hall

157.3m TCBs GOLDSMITH ROAD

35 38

St Dunstans RC School

47 4

1 1a 1b 3 17 31 40 83 93 101

10 DRAYTON ROAD

12 DRAYTON ROAD

2 21 2a

14 6

TCB 30 61

23 32

a 52

78 64 66 88 ALCESTER ROAD SOUTH 100

42 20

Shelter 22

31 24

33 26

43 73

45 30

51a

32 TCBs

53a 34 1 13

25 35 39 85 51 58 63 75 87 89 89 91 ADDISON ROAD 156.4m Shelter 157.6m 157.6m

157.0m ADDISON ROAD

55 4 2

57 32

54 56 64

72 82

92 124

104 130

114 38 to 54 to 38

arage

Page 13 of 13 Birmingham City Council

Planning Committee 05 November 2020

I submit for your consideration the attached reports for the City Centre team.

Recommendation Report No. Application No / Location / Proposal

Approve – Subject to 9 2018/08452/PA 111 Legal Agreement Lee Bank Business Centre 55 Holloway Head City Centre Birmingham B1 1HP

Conversion of existing building and addition of 5 storeys to Holloway Head and 3 storeys to Blucher Street; new townhouses and apartments to Chapmans Passage to create a total of 122 apartments (47 x 1 bed, 65 x 2 bed, 10 x 3 bed units) and 9 x 3 bed townhouses; Two commercial units (flexible use comprising Class A1 (Shops), Class A2 (Financial and professional services), Class A3 (Restaurants and cafes), Class B1 (Business) and Class D1 (Non-residential Institution); associated parking

Page 1 of 1 Director, Inclusive Growth (Acting)

Committee Date: 05/11/2020 Application Number: 2018/08452/PA Accepted: 18/12/2018 Application Type: Full Planning Target Date: 19/03/2019 Ward: Ladywood

Lee Bank Business Centre, 55 Holloway Head, City Centre, Birmingham, B1 1HP

Recommendation Approve Subject to a Section 111 Legal Agreement

1. Proposal

1.1 The application site is made up of two parts. First is the existing building at No.55 Holloway Head, also known as Lee Bank House and the second is the vacant car park site along Chapmans Passage.

1.2 The development comprises the following: a) the conversion of the existing 7 storey building, b) the addition of 5 storeys of accommodation to Holloway Head to provide a total of 12 storeys; c) the addition of 3 storeys of accommodation to Blucher Street to provide a total of 10 storeys; and d) new 4 storey townhouses to Chapmans Passage.

1.3 The development would provide a total 131 units of residential accommodation comprising 122 apartments, 9 new townhouses and two commercial units at ground floor of 80sqm and 238sqm proposed for a flexible retail, office or non-residential institutional use. The apartments would comprise: • 47 x 1 bed; • 65 x 2 bed; and • 10 x 3 bed units. The floor plans show 31 different apartment types including triplex penthouse apartments, providing accommodation over three floor levels.

Page 1 of 24 1.4 On the roof to Blucher Street, at various levels there would be a series of private and shared terraces. Private terraces are also proposed at the 10th floor level to serve each of the individual triplex units. Finally the majority of apartments facing Blucher Street would have winter garden private terraces overlooking the street.

Proposed Elevation to Holloway Head

1.5 Pedestrian entrances would be provided at the basement level facing Holloway Head for the commercial units, at lower ground floor level along Blucher Street and at ground floor level along Chapmans Passage for the residential entrances. In addition to the living accommodation, the scheme would offer the following shared accommodation: • Entrance lobby with concierge desk, lounge seating and adjacent post room; • Business lounge: a professional, co-working space located adjacent to the entrance; • a gymnasium including an equipped fitness studio • multi-functional community space comprising a flexible, multi-purpose room, which could be hired out for use by residents, for meetings, events, film screenings, parties etc. It could also be used as a wellbeing area, a quiet, contemplative space for relaxation, yoga, pilates, meditation etc.

1.6 The applicants consider that the existing building, particularly internally, has architectural merit, and this should be preserved rather than be replaced with a new structure. Therefore whilst the application proposes the demolition of all of the existing external facades and the internal stair core facing Holloway Head the main reinforced concrete frame would be retained and encased in a brick slip gridded frame.

1.7 A total of 11 parking spaces would be provided for the apartments within the existing service yard that would be accessed via the gated access off Chapmans Passage. The 9 townhouses to Chapmans Passage would have their own parking spaces

Page 2 of 24 accessed from Marshall Street. Allocated cycle parking is proposed to all townhouses and to all apartments; provided within the communal corridors on each floor level.

Proposed Ground Floor Plan

1.8 Link to Documents

2. Site & Surroundings

2.1 The ‘L’ shaped site is located to the south of the City Centre with frontages to Holloway Head, Blucher Street and Chapmans Passage.

2.2 The now largely vacant Lee Bank building is known as a flatted factory; an industrial building of more than one storey, usually with two or more goods lifts, constructed or converted for multiple occupation. The establishment of the flatted factory model was a specific response to the displacement of small businesses in the post war era. The building was purpose built in June 1958 by the City of Birmingham Public Works Department, designed in collaboration with the then City Architect, and City Engineer and Surveyor. The existing flatted factory is a rare typology with few remaining around the City, and as such is considered to be an undesignated heritage asset.

2.3 Lee Bank House is effectively 7 (ground plus 6) storeys, although this reduces to 6 storeys along Blucher Street due to the rising topography. The difference in level between Holloway Head to the front and Chapmans Passage to the rear is approximately 6m. The footprint of Lee Bank House has a ‘C’ shaped plan, which encloses a service yard and loading bay.

2.4 The neighbouring buildings within the block include the converted Concord House and Kwik Fit. Adjacent blocks comprise Lonsdale House to the rear and the

Page 3 of 24 residential development opposite, which also has a frontage to Holloway Head and sits on the opposite side of Blucher Street that has planning consent for buildings that will range from 8 to 15 storeys. Most of the surrounding buildings are post-war and of limited architectural value, with the exception of Trefoil House on Brownsea Drive which although notable is not locally or statutorily listed. Separately there is the Grade II* listed Singers Hill Synagogue and Grade II listed Craven Arms public house both located further north on Blucher Street.

3. Planning History

3.1 2000/05029/PA - Installation of access ramp for people with disabilities. Approved 18/01/2001

3.2 1998/04733/PA - New entrance to Chapmans Passage frontage and elevational alterations to Holloway Head frontage. Approved 12/03/1999

3.3 1998/00434/PA - Use of Rooms 31 & 32, fourth floor offices, as educational and training centre. Approved 25/03/1998

3.4 1995/03563/PA - Proposed new porch and fascia alterations and general upgrading of existing flatted factory units. Approved 30/11/1995

3.5 1991/05497/PA - Erection of a galvanised steel pale fence (8ft high) to the perimeter of the existing car park. Approved 26/03/1992

3.6 05404008 – Flatted Factory – Approved 09/06/1955

3.7 Concord House – 2014/02919/PA - Construction of three storey extension fronting Marshall Street, two storey rooftop addition and change of use from storage (Use Class B8) to 19 no. apartments (Use Class C3) above ground floor commercial uses (Use Classes A1/A2/A3/A4/A5/B1/D1 & D2) Approved 04/09/2014

4. Consultation/PP Responses

4.1 BCC Transportation - No objection subject to further information and conditions.

4.2 Employment Access Team – Request for the prior submission of a construction employment plan.

4.3 Severn Trent Water – no objections subject to the conditions to require details and implementation of a drainage plans for the disposal of foul and surface water flows.

4.4 BCC Education – The School Organisation Team request a (subject to surplus pupil place analysis): Nursery £8,229.71, Primary £211,724.48, Secondary £227,871.91 to total £447,832.10.

4.5 Local Lead Flood Authority – Request conditions to require the prior submission, agreement and implementation of a Sustainable Drainage Assessment and Sustainable Drainage Operation and Maintenance Plan.

Page 4 of 24 4.6 West Midlands Police – Recommend the following: • the work regarding the dwellings be undertaken to the standards laid out in the Secured by Design Homes 2019 guide; • the commercial units be subject of intruder alarms and CCTV coverage (CCTV should be conditioned; • the retail unit be carried out to the standards within the Secured by Design ‘Commercial 2015’ guide; • a management plan behind the process of refuse collection be detailed, as this issue can leave the site more vulnerable with off-site staff leaving access control points insecure; • automated gates for the to the undercroft car parking area with a remote access control system; • that there be no free’ access for delivery staff; • video intercom access control systems be installed on all doors into the building; • internal access control should be installed throughout all parts of the building; • that there be no uncontrolled access to the gym or community space, which will be able to be booked for a variety of activities; • suitable boundary treatment be installed around the accessible roof space to adequately prevent accidental falls over the boundary or intentional attempts to self-harm. Recommend that consideration be given for the installation of a barrier no lower than 2.0 m in height and of a clear anti-climb design; • any furniture installed on the roof be located so it cannot be used as a climbing aid to scale the boundary and secured in such a way that it cannot be moved to a location where it could act as a climbing aid; • all of the roof area be covered by CCTV; • suitable signage is installed on the roof, and on all the approaches to it, offering advice, support and signposting anyone considering self-harm.’

4.7 Fire Service – Objection. There is insufficient information provided on: • The height of vehicle access for the partly covered car park; • The width for vehicle access to the car park; and • Access for an appliance to the riser inlet within 18m. . 4.8 BCC Regulatory Services – (Revised comments). Traffic noise - The glazing specification drawing provided indicates the necessary acoustic performance for the various windows of the development. The key/legend on the drawing needs to be amended as the figures labelled as maximum external noise level should be labelled as minimum sound reduction index (units - dB Rw+Ctr). An updated version of these elevations should be included in the approved plans. The submitted report also identifies acoustic performance for ventilation to habitable rooms; unless some form of heat recovery system is proposed the acoustic specification for the trickle ventilation for each window should be incorporated into the glazing specification drawing.

Commercial noise – Recommend noise insulation condition between proposed ground floor commercial units and residential on the upper floors.

Page 5 of 24 Kitchen Extract system - The proposed commercial kitchen extract systems would discharge at high level and this is acceptable.

Contaminated land - I recommend conditions to require further investigation, potential remediation and verification.

4.9 Brutiful Brum - The fact that this building is being retained and re-purposed for housing is welcomed. However there is concern about certain aspects of the proposals. The effect of these will be to destroy the heritage value of the building and decrease the diversity of the street scene. This building was one of three “Flatted Factories” built across the City in the late 1950’s. They were built to accommodate the small workshops and industrial units displaced by the redevelopment schemes of the City Centre. The Lee Bank Business Centre is the only one that is intact.

The iconic feature of this building that makes it so memorable and clearly indicates its 1950’s origins are the walls of glass within the metal Crittal window framing with the coloured glass panel infill. In contrast to the proposed designs, we argue that the delicately framed windows and the fun of the differing coloured glass panels on each side of the building should be retained. Within the building there are many features remaining that hark back to its original purpose and period. The main staircase in the entrance, off Holloway Head, is intact and is a fine example of commercial architecture of the time.

In summary pleased that the building is being retained but disappointed that more effort has not been made to research and respect the heritage value to Birmingham in the new designs. A precedent has been set for respecting the architecture and heritage of this period with reference to the House of Fraser building on Corporation Street. The owners recognise that this period is now fashionable and that retaining the best features makes economic sense. Lea Bank House is another manifestation of the City’s industrial past as the “city of a thousand trades”. Much still remains of the building, externally and internally, that could and should be respected and retained. In addition retaining the external appearance of the building offers the opportunity to maintain some diversity to the street scene. There is a danger that the refurbishment will make it look the same as all the new buildings around rather than providing an exciting heritage contrast.

Additional Comments - Externally, the proportions of the existing building set it well within the street scene. Additional storeys to the Holloway Head and Blucher Street elevations disrupt the existing proportions of the building and its relationship with the street scene, which are key to its heritage status. While the Blucher Street elevation retains some sense of this horizontal emphasis, it is entirely lost in current plans on the Holloway Head elevation. The delight of different colours on the different elevations of the building and the relative simplicity of the original façade is entirely lost in the welter of ‘winter gardens’ etc. Other redevelopments, notably Norfolk House in Smallbrook Queensway, have managed to incorporate continued use of the Crittall windows by adding secondary glazing, thus retaining the clean looks of the building externally. As far as the street scene is concerned, a building which clearly

Page 6 of 24 demonstrates the style and function of its origins is surely of more interest in an area currently of mixed-use and mixed period building, but which with continuing acceptance of redevelopments of this type will lose its heritage value.

Internally, we are aware that the existing original staircases are still intact and in good condition. They speak volumes for the period and function of the building, but revised plans give no indication as to whether these will be retained. The staircase at the Chapman’s Passage entrance could presumably be retained without issue. The loss of the Holloway Head staircase is to be regretted and plans indicate that moving this to the courtyard entrance will not be possible given the very different profiles of the stairwells. Heritage features like the wide corridors, the original entrances, the post boxes, original signage etc. could all be considered and there is no evidence in the plans that these features might be retained.

A significant aspect of the heritage value of this building lies in its original design, a design which pays homage to the influence of Le Corbusier. This is particularly seen in the horizontal emphasis of the external façades, a feature which sits a large building comfortably within its surroundings and in the generous corridors which are a key feature of the interior of the building, reminiscent of the internal ‘streets’ of Le Corbusier’s Unité d’Habitation design.

Birmingham is in danger of losing all visible evidence of a period of significant regeneration which was fostered by optimism and forward-thinking exploration of modern design, technology and materials. Without this evidence, the best of which is rapidly disappearing, the story of Birmingham’s heritage is left with critical discontinuity.

4.10 Leisure Services – comments awaited, to be reported verbally.

4.11 Neighbours have been notified and a Site Notice, Press Notice posted. Eight neighbours have objected raising the following concerns (in summary):

Traffic and Parking • What are you going to do about all the extra traffic this is going to cause? These apartments plus those on Windmill Street will total over 400 apartments; potentially another 400 cars all trying to get in and out a roughly the same times; • There are more pollution issues other than emissions from cars! • inadequate provision of car parking for the given the lack of suitable on street parking locally and the other large nearby developments; the obvious solution is to provide additional car parking in the basement area; Amenity • There would be a significant loss of privacy in the Concord House apartments; • The new development does not meet the 45 degree rule and will result in a significant loss of daylight into many of the apartments, plunging them into gloomy shade; • This is supported by the developers own Daylight & Sunlight Report and comments made in pre discussions included in the design statement which state "It is noted on the drawings that B and C, in particular are likely to cause major Rights of Light

Page 7 of 24 breaches for Concord House (and 55 Holloway Head) and may therefore be unrealistic." • any additional floors on top of the existing structure at 55 Holloway Head should be refused; • There has not been an actual light survey done on the impacted Concord House apartments, and it is suggested that the applicants be required to carry out an actual assessments as part of the planning application; • The addition of four floors (original plans) and the assertion that this will have no impact on daylight in the apartments or the figures are quite obviously untrue; • If a survey was done it should check if the development meets the rather more rigorous “Right to Light” requirements under the Prescription Act 1832 Act rather than BRE; • The applicants should note that the residents of Concord House are aware of their rights in regards to Right to Light legislation, and understand the processes necessary to exert them; • Concern at the lack of privacy that will be afforded to my Concord House apartment given the closeness of these buildings and their aspect; • The developer seems to acknowledge that there will be a negative impact in terms of the light to my property but seems to think that the statement “…at present they enjoy abnormally good daylight and sunlight…” somehow mitigates this; • The Daylight Sunlight Report mentions a number of apartments on the 2,3 and 4 floors which their own calculations state will not meet the very low BRE guidelines; • They have chosen to use a 25 degree calculation rather than the more normal 45 degree rule and it has still come up very short; • To have this colossal tower outside by window would be awful and render my apartment dark and I do not want this to happen; • No objections if the Lee Bank Business building was converted keeping the same height and numbers of storeys; • This proposal appears to be overdevelopment of the site- especially the additional floors with the resulting structure having an overbearing impact for the residents of Concord House resulting in significant loss of amenity, loss of privacy, noise pollution and significant loss of light; • Fire safety- the plans are for a high rise building which appears to only have one staircase shown, several existing staircases appear to have been removed. Is this appropriate post Grenfell? • If there was a fire in either of the lift shafts how would an evacuation be possible, given there is no separation from the staircase? • How is Concord House to be protected from the potential spread of fire, as in the plans the new building in Chapman Passage/ Marshall Street abutts it? • Concerned how physical Security of Concord House and protection from noise pollution will be achieved • How would the new houses and apartments not be impacted by the car entrance and roller shutter on Marshall Street? • No explanation as to how the apartments would not be impacted by the ventilation garage extracts from Concord House, which automatically remove exhaust fumes presumably straight into the living space of the Chapman Passage houses and the lower floors of 55 Holloway Head?

Page 8 of 24 Viability • the Viability Appraisal is lacking in credibility; the price achieved per square metre is much higher in Concord House than the assessment claims is possible here, despite being next door and of similar construction, therefore the assumptions are flawed; • A smaller number of larger apartments and the new town houses could achieve significantly higher yields per sqm based upon the proven example of Concord House; • Construction costs would also be lower if fewer apartments were built; • There is probably an oversupply of 1 bedroom apartments in central Birmingham, with very few larger apartments and family homes in the pipeline; this building could make a profitable and suitable change to the housing stock; • the assumptions about ground rent in the documents is noted but it is understood that this is to be phased out under the new housing bill, therefore this part is inaccurate? Other • By cutting all the natural day light the few trees etc. that are left are not going to thrive; • It is suggested that all Concord House residents need to be written to and then the planning consultation should recommence; • supportive of this rather run down building being renovated and the surrounding area being improved so do not object to the change of use; • Some of the proposed apartments appear to be of low quality, deficient in size, not meeting the Council’s space guidelines with inadequate means of ventilation. Some do not have opening windows, some are in a basement. • Heating systems also appear to be energy inefficient; surely it would be more efficient to have central boilers? • The building opposite is blocking access to my building and therefore I am unable to attract new customers; and • Construction trucks are also blocking and depositing dirt on the roads which is not good for business; • Should not simply viewed as a scheme to make as much money as possible regardless of the consequences and future impact.

5. Policy Context

5.1 Birmingham Development Plan 2017, Birmingham Unitary Development Plan (saved policies), Places for Living (SPG), Places for All (SPG), Car Parking Guidelines (SPD), Public Open Space in New Residential Developments (SPD), Regeneration Through Conservation (SPG), Development Management in Birmingham (Publication Version 2019) and the Revised NPPF.

6. Planning Considerations

PRINCIPLE OF PROPOSED USES

6.1 This development proposal involves the change of use of an existing light industrial/commercial building to a predominantly residential use, with small scale commercial uses located on the ground floor.

Page 9 of 24 6.2 The application site falls within the City Centre Growth Area where Policy GA1 of the BDP promotes the City Centre as the focus for office, residential and commercial activity. As defined by Policy GA1.3, the application site falls inside the Westside and Ladywood Quarter where the objective is to create a vibrant mixed use area combining the visitor, cultural, commercial and residential offer into a dynamic well connected area. Policy TP21 seeks to maintain and enhance the vitality and viability of the City Centre through a wide range of uses whilst residential uses on upper floors are supported by Policy TP24 where they provide good quality, well designed living environments.

6.3 Whilst it was originally designed and built in the 1950’s as a flatted factory for industrial use a wide variety of uses have been introduced over time, such as the introduction of workshops, offices and training facilities. Despite the provision of some commercial floorspace the redevelopment of the building and wider site would likely to result in an overall net loss of employment floorspace. Therefore whilst the application site does not form part of a Core Employment Area Policy TP20 seeks to protect employment land and resources where it contributes to the portfolio of land needed to meet longer term requirements.

6.4 According to Policy TP20 there is a general presumption against the loss of employment premises unless it is a non-conforming use, has actively been marketed or it can be demonstrated that continuing an industrial development is not viable. The current use is not a non-conforming use and the applicants have failed to adequately demonstrate that there is marketing or viability justification to support the proposed loss of the premises. The SPD, which dates back to 2006 recognises that within the City Centre a more flexible approach towards the change of use of land is required, however the SPD should be given less weight as it predates adopted BDP Policy TP20. As such the proposed loss of employment premises is contrary to Policy TP20 and any material considerations should be assessed to ascertain whether they should be given greater weight to outweigh this Policy conflict.

6.5 First a requirement for future growth in and around the City Centre is identified within the development plan. Strategic Policy PG1 identifies a need for significant levels of housing, employment, office and retail development, along with supporting infrastructure in Birmingham over the plan period.

6.6 Next as advised above the site lies within the City Centre Growth Area under Policy GA1. This Policy indicates that the Council will continue to promote the City Centre as the focus for retail, office, residential and leisure activity.

6.7 Paragraph 121 of the NPPF further states that authorities should support proposals to use retail and employment land for homes in areas of high housing demand, provided this would not undermine key economic sectors or sites, or the vitality and viability of town centres.

6.8 It is therefore considered that taking account of the location of the site within the identified City Centre Growth Area, the fact that the existing building is largely vacant and that the proposed redevelopment would provide some provision of employment floorspace there is sufficient policy support and material considerations that should

Page 10 of 24 be given greater weight to outweigh the conflict with Policy TP20, and allow the loss of the existing employment premises.

PROPOSED MASSING, DESIGN & LAYOUT

6.9 The proposed development would increase the massing and height of the existing building by an additional five storeys to the front facing Holloway Head and an additional three storeys to Blucher Street. The height of the building has however been carefully considered relative to the Holloway Head streetscape which, with the exception of Kwik Fit, shows a gradual increase in height from Marshall Street to the west, up to the approved 15 storey redevelopment of the Panther Securities site to the east then up to the 31 storey Cleveland Tower at Holloway Circus. Purely in terms of the streetscene this progression in the height of development is considered to be the correct approach.

6.10 The applicant has considered it preferable to incorporate the existing frame into the proposed conversion of the building as it has the ability to support additional floors on top. The existing elevations of the main building are predominantly single glazed curtain wall with spandrel painted panels in front of concrete and solid brick upstands. These elevations appear somewhat dated. Furthermore the position of the existing substation at the corner of Holloway Head and Blucher Street and the escape stair fronting Holloway Head provide a largely inactive frontage to the principal elevation. The current plans indicate the retention of the existing structural columns with brick slip grid to encase the retained structure. The facades would be completed with brick slip outer columns to allow the new aluminium framed windows facing Holloway Head to be recessed by 600mm. The proposed elevational treatment to the principal elevation would establish a strong geometric pattern established by the retained reinforced concrete grid and a vertical emphasis. At street level the proposed commercial units would have double height glazing to address Holloway Head and Blucher Street.

6.11 The same principles are applied to the elevation to Blucher Street, however the grid has a greater horizontal emphasis as the original upstand columns are wider apart. The proposed piers would be approximately 8m apart with intervening aluminium framed windows, some with fixed side screens. The Blucher Street wing has the deepest floorplate and so provides an opportunity to recess the façade of the building to create winter gardens overlooking the street. These are spaces which could be used as open balconies or closed off with sliding glass screens and used as an extension of the living space. The three additional storeys would be set back approximately 2m from the frontage to Blucher Street so that it would appear subservient.

6.12 Utilising the existing structure the proposed apartments would benefit from ceiling heights of 2,850mm; some 300 to 350mm higher than standard city centre apartments. This would enhance the sense of space and volume and enable more light penetration into the space. The existing corridors are also significantly greater in width than many new build residential developments, reaching up to 4m in width at some points. The applicants have decided to use this design opportunity by re-siting the walls on one side of the corridor only, in order to maintain a width of

Page 11 of 24 approximately 2.8m improving these circulation spaces. The applicants have advised that the philosophy is to treat these spaces as ‘internal streets’ rather than corridors. It is proposed to create a central 1.2m wide band as the main walkway and create defensible spaces on either side, in front of the apartments. The defensible space would have a contrasting material and contain elements of ‘street furniture’ including lighting, signage, decorative benches / planters and cycle parking. Also inside the building the existing goods lift (nominally a 23 person space and wheelchair accessible), suitable for movement of furniture and goods would be refurbished and vertically extended to serve the new floors. This would be in addition to the existing passenger lift shaft that would be refurbished and again vertically extended.

6.13 Moving onto the new townhouses the proposed block along Chapman’s Passage would step down to 4 storeys, keeping it lower than the height of the adjacent building known as Concord House. The elevation to Chapmans Passage would present a more vertical emphasis but with a contemporary character resulting from the modern windows, particularly at first floor, that would measure approximately 2.5m in width. The proposed townhouses would have private terraces at first and third floors to the rear.

6.14 The position of the proposed entrances would activate the current blank elevations at the lower levels and this is welcomed. It is also considered that whilst the proposed facades would be built around the original frame the proposed elevations would provide attractive uplifted frontages whilst paying sufficient regard to the buildings’ previous character. Furthermore the proposed conversion would make good use of the internal space. The proposed design of the new townhouses would be in keeping with the character of the converted building and the proposed massing of the blocks would be appropriate to the site.

PROPOSED MIX OF UNITS

6.15 The completed development would provide 122 apartments with the following split: • 47 x 1 bed = 39% ranging between 40 - 57sqm • 65 x 2 bed = 53% ranging between 66 – 93sqm • 10 x 3 bed = 8% ranging between 93 – 135sqm

6.16 In addition there would be 9 x 3 bed townhouses each measuring 141sqm. It is considered that the proposed mix is acceptable within the City Centre and the townhouses are particularly welcomed.

IMPACT UPON A NON DESIGNATED HERTIAGE ASSET

6.17 The building does not have any statutory or local listing. However Brutiful Brum have identified it to be of local interest and a good remaining example of the flatted factory concept, making particular reference to the loss of the relative simplicity of the original façade and its existing walls of coloured glass within the metal crittal windows. There is also concern at the proposed move away from the existing horizontal emphasis especially on the proposed Holloway Head elevation and the loss of the original wide corridors, entrances, post boxes and signage.

Page 12 of 24 6.18 The Council’s Conservation Officer has been consulted and it is acknowledged that the building is an interesting and well preserved example of an unusual building type that is quite characteristic of Birmingham, and that it illustrates an important period in Birmingham’s post-war development. It is therefore considered to be locally significant and an undesignated heritage asset. However it is also considered that the proposed design of the building is acceptable and whilst it does not retain the fully glazed frontage to Holloway Head it provides an updated design that provides a sufficient nod to the buildings’ past. The retention of two of the three internal staircases is welcomed and whilst not ideal, acknowledging that the building is neither statutory nor locally listed, greater weight is given to re-using the building and activating its front elevation to Holloway Head.

6.19 Paragraph 197 of the NPPF states that ‘The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application’. Although the significance of the non-designated heritage asset is effected given the alterations, aspects of its original form would remain and be preserved. The proposal has the benefit of bring a currently redundant building back into use, providing commercial uses and contributing to housing need while retaining some of the historic features of quality. These wider public benefits are considered to outweigh the harm inflicted upon the non-designated heritage asset.

6.20 Acknowledging the history of the building and as recommended by the Conservation Officer a building recording condition is attached.

IMPACT UPON THE AMENITY ENJOYED BY NEIGHBOURS

6.21 There is significant concern raised by neighbours regarding their loss of privacy, light and outlook, and it is acknowledged that all of these are material considerations.

6.22 Concord House has side facing habitable windows from the second floor upwards that would face the proposed Blucher Street wing at a distance of approximately 34m window to window or 26m window to blank elevation. The numerical standards of the Places for Living SPG give a separation distance guide of 27.5m and 21m respectively. However the separation distance should be increased by 2m for every 1m rise in ground. On that basis the separation distance would not meet the numerical standards. However should not be applied as a blanket threshold, and the site’s context should be taken into account. In this instance the site is located within the City Centre where the urban grain is tight and the density of development much higher as encouraged by the BDP to make the most efficient use of land in sustainable locations. Therefore in this context the separation distances are considered acceptable with respect to maintaining the privacy of the existing adjacent occupiers.

6.23 There is also however the relationship between the closest side facing bedroom windows at second, third and fourth levels to Concord House and the proposed four storey townhouses fronting Chapmans Passage. The proposed townhouses comprise of parking at ground floor level, with habitable windows at all levels above including private terraces at first and third floors. The distance between the existing side facing window to Concord House and the closest rear first terrace to the

Page 13 of 24 proposed townhouses is approximately 2960mm. However the closest terraces would be enclosed by an 1800mm high obscurely glazed balustrade to prevent overlooking. Next, part of the closest private terraces serving two of the proposed townhouses have been removed to provide a greater separation distance. Finally the private terraces and windows are not sited directly opposite Concord House but at an angle, as the proposed townhouse block lies at a right angle to the rear of Concord House.

Proposed Floor Plan of Level 1 to Townhouses

6.24 At second floor level of the townhouses the rear windows would be obscured up to a height of 1600mm above cill height and would lie at a minimum distance of approximately 7645mm.

Proposed Floor Plan of Level 2 to Townhouses

6.25 At third floor level glazed doors are proposed, with again another private terrace. Again those private terraces located closest to Concord House would be enclosed by 1800mm high obscure glass balustrade to prevent overlooking. At this level the rear

Page 14 of 24 elevations to the windows and terrace are set back and further away leaving a minimum window to window separation distance of approximately 7900mm.

Proposed Floor Plan of Level 3 to Townhouses

6.26 The provision of the part obscured glazed windows and obscured glazed balustrading together with the position of the two blocks is considered sufficient to mitigate for the loss of privacy due to the proximity existing and proposed windows.

Cross Section Through Site Showing Rear Elevation to Proposed Townhouses

6.27 With respect to outlook, again it is recognised that the proposed new four storey townhouses and increased height of the original Lea Bank House would reduce outlook from the windows to Concord House. However taking the context of the site into consideration within its City Centre setting together with the orientation of the existing windows and the separation distances it is considered that the impact upon amenity as a result of loss of outlook would be acceptable.

Page 15 of 24 6.28 Closely related to loss of outlook is loss of light. A neighbour has referred to the Council’s 45 degree code and it is accepted that the development would not meet this guidance. However the code is used by the Council more in reference to household extensions rather than City Centre developments and in this case, like many other high density City Centre application the proposals have been accompanied by a Daylight and Sunlight Report which has been updated following the submission of amended plans placing additional storeys to the top of the former Lea Bank House. The Report has been undertaken in accordance with BRE guidance in respect of Concord House, 32 Marshall Street, 46 Holloway Head and the Penta Hotel. The report states that all of the windows and rooms in existing residential use would satisfy the BRE guidelines with the exception of the following:

• At second floor level Room 9 (a bedroom window) would satisfy the BRE guidance in respect of Daylight Distribution but falls just short of meeting the BRE guidance with respect to Vertical Sky Component (VSC) at the window achieving 75% of the former value as opposed to the recommended 80%, “….however, it should be noted that there is exceptionally high VSC in the existing condition and the room is currently used as a bedroom and the minor transgression on only one of the two components should be taken in that context.”

• At third floor level Room 6 (living room) the scenario above is reversed and the BRE guideline for Vertical Sky Component is satisfied but falls just short in terms of daylight distribution achieving 71% of the former value as opposed to the recommended 80%. In this case the room is reported to be, “….larger than average in footprint which means that, although in terms of percentage coverage it falls just short of the recommendation a large area remains well lit. As a consequence, the results should be considered in the context of the size of the room and the fact that the VSC guidance is satisfied.”

• At fourth floor Room 8 (bedroom) would satisfy the guideline for Winter Sunlight but would fall just short of the criteria for overall Annual Sunlight. “The room in question is a bedroom where sunlight is considered less important and this result should be considered in that context.”

6.29 There are also minor discrepancies in relation to 32 Marshall Street.

6.30 The BRE guidance clearly states that the criteria identified should be interpreted flexibly where transgressions occur and be mindful of the urban context. Whilst emerging Policy DM2 of the Development Management in Birmingham states that new development should not result in unacceptable adverse impacts on the amenity of neighbours it does not impose rigid criteria relating to sunlight or daylight. Furthermore emerging Policy DM10, which makes reference to the 45 degree code and separation distances allows exceptions where it can be demonstrated that residential amenity would not be significantly diminished.

6.31 It is considered that the amendments to the scheme combined with the submitted sunlight and daylight study have given sufficient comfort that residential amenity enjoyed by existing occupiers, in terms of privacy and loss of outlook and light would be acceptable.

Page 16 of 24 TRANSPORTATION

6.32 In terms of the accessibility and connectivity of the development proposal, policies TP39, TP40, TP43, TP44 and TP46 seek to ensure that new developments incorporate high quality pedestrian and cycle routes and facilities, adequate provision for electric vehicle charging infrastructure, require Transport Assessments/Statements and Travel Plans where necessary, and the provision of digital communications.

6.33 BCC Transportation are content, following the submission of tracking plans that all of the parking spaces are accessible. The proposed new footway along the site frontage to Chapmans Passage is also supported. Officers have also commented that the building would be able to be serviced from on-street as previous. The Transport Assessment states that the proposed development would present negligible impact in traffic terms and officers have raised no concerns with respect to this matter.

6.34 20 parking spaces are proposed and some neighbours have concerns that there would not be enough. The existing Car Parking SPD17 provides a maximum guide of 1 space per apartment. Whilst the proposed provision is significantly short of this maximum it is recognised that the site lies in a sustainable location where there is a high level of local pedestrian facilities, which provide for continuous routes through the city centre. The site benefits from the following: • Route 5 of the National Cycle Network is located 300m to the north east of the site; • The canal tow path is 250m north west; • There is a bus stop in front of the site; • The site lies within 500m walking distance of New Street rail station; 800m walking distance of Five Ways rail station and 1km walking distance of Moor Street rail station; and • The site lies approximately 630m walking distance of the Metro stop along Stephenson Street.

6.35 In terms of parking there are public car parks available in close proximity, including the NCP car park located along A38 Bristol Road. Moreover the scheme would provide 118 standard secure cycle spaces inside the building. These would be sited on each floor individually for each unit within the wide corridors and could be accessed by the goods lift.

6.36 It is therefore considered that the proposed parking provision at this location would be acceptable and that the proposals meet the policies highlighted above.

ECOLOGY

6.37 17 non-statutory designated sites located within 1 km of the site are well removed from the development site and taking into account a variety of factors, no impacts to these sites are predicted and no further consideration to these sites is given.

6.38 In terms of the building’s potential for roosting bats, the ecological appraisal reports that there was no evidence of bats. Furthermore based on the location of the site in

Page 17 of 24 an urban area with little semi natural vegetation the potential for bats is reported to be negligible. With regards to birds, the ecological appraisal reports that the site provides no foraging habitat for birds and no potential habitat for reptiles, no suitable habitat for invertebrates and the potential for rare or protected species is negligible.

6.39 Ecology officers have recommended conditions to require a new bat survey due to the time that has lapsed since the original survey was under taken and details of biodiversity enhancement The request conditions have been attached. Such enhancement could be in the form of nectar rich planting included on the shared roof gardens and bat and bird boxes.

SUSTAINABILITY

6.40 Environment and Sustainability policies TP1 to TP5 seek to ensure that the proposals are consistent with the City’s objectives of reducing its carbon footprint, managing climate change and ensuring that new buildings are constructed in a sustainable way.

6.41 By re-purposing the entire frame, this drastically reduces the carbon footprint of the project, in comparison to complete demolition and new build. Conversely, buildings from the 1950’s tended to have envelopes with low thermal mass and little or no insulation. It is therefore essential to upgrade the envelope by adding thermal mass and high levels of insulation to meet or exceed the requirements of Approved Document L of the Building Regulations.

6.42 The proposal therefore includes the removal of all of the existing curtain walling, cladding and roofing and replacing it with materials with high levels of thermal insulation. These passive measures and the addition of highly efficient heating and hot water systems will reduce long term energy consumption and carbon profile.

6.43 A review of other on-site renewable technologies has also been carried out as well as an assessment of the suitability to this development. The technologies suitable for this development are photovoltaic cells and air source heat pumps. Both technologies have been incorporated into the development in order to meet the Approved Document Part L Conservation of Fuel and Power 2013.

6.44 It is considered that the above provisions are adequate to meet the guidance of the policies highlighted above18

OTHER

6.45 It is acknowledged that there are commercial uses in close proximity, notably the site shares a common boundary with a vehicle maintenance garage and there is a petrol filling station and convenience stores opposite. These have the potential to create noise and disturbance together with noise from vehicles using the busy Holloway Head road. However further to the submission of specific noise information Regulatory Services are satisfied to recommend conditions to require details of insulation between the proposed ground floor commercial units and residential uses

Page 18 of 24 on the upper floors. An amended glazing specification drawing has also been received in response to comments from Regulatory Services and it is anticipated that a concluding response will be reported to Members verbally.

6.46 Additional drainage information has been received regarding drainage and colleagues from the LLFA are content to recommend conditions requiring a more detailed scheme plus ongoing maintenance arrangements.

6.47 In terms of waste collection the applicants have confirmed that it would be from refuse holding area, accessed from Chapmans Passage. This would include domestic and commercial waste.

6.48 The Fire Service have raised objection with regard to a lack of information, however the comments raised relate to concerns that that would be resolved via Building Regulation approval and the applicants have confirmed that they are confident that the proposals would meet fire safety requirements.

PLANNING OBLIGATIONS & CIL

6.49 Policy TP31 requires residential developments of 15 dwellings or more to deliver 35% of the proposed units as affordable housing, with a strong presumption in favour of on-site provision. Furthermore due to the number of proposed apartments colleagues in education have requested a contribution of £447,832.10, plus a request for a contribution towards off site public open space is anticipated from Leisure Services.

6.50 Where a proposal cannot provide affordable housing to the level required, Policy TP31 states that a Financial Viability Assessment (FVA) using the City Council’s standardised viability toolkit must be undertaken. This has been submitted and it concludes that that no contributions can be provided for off-site provision. The FVA has been independently interrogated and has found that the scheme can provide 13 apartments and still be viable. These would be split as 5 x 1 bedroom, 7 x 2 bedroom and 1 x 3 bedroom units and available for low cost home ownership to be sold at 20% discount on Market Value in perpetuity. This would equate to 10% of the total number of units in accordance with Paragraph 64 of the NPPF which seeks to ensure that a minimum of 10% of the total number of units are provide on site. This is in addition to CIL at £240,068.

6.51 A neighbour has made comments regarding the viability assessment submitted remarking that it is lacking in credibility and raising queries regarding the costs, prices and yields that would and could be achieved. However the independent assessors are fully aware of up to date build costs and sales prices using recent market data for Birmingham City Centre and officers are confident that their conclusions are appropriate.

7. Conclusion

7.1 The application site is located in the City Centre Growth Area as defined by BDP Policy GA1. The proposed scheme would reuse previous developed land in a highly sustainable location in accordance with the thrust of national policy. The plans

Page 19 of 24 present a desirable scheme in terms of design that would help to meet the City’s housing requirements whilst also providing 9 townhouses at a central location.

7.2 The development would however completely change the character of the building, recognised as a flatted factory; a non designated heritage asset. Plus there would be loss of existing employment floorspace. However there is mitigation in the form of a high quality design with private terraces and a shared roof top garden and the provision of commercial floorspace at ground floor with a new active frontage to Holloway Head.

7.3 It is accepted that there are Policies within the BDP that pull in different directions, however in this case greater weight is attached to those Policies that support the provision of new housing on previously developed land at a sustainable location; PG1, GA1, TP1, TP8, TP27 TP28, TP29 and TP30. Furthermore whilst the concerns of neighbours regarding the impact upon their amenity have been considered it is concluded that the impact would not be so great as to warrant refusal of the application.

8. Recommendation

8.1 That consideration of planning application 2018/08452/PA be approved subject to the completion of a Section 111 of the Local Government Act 1972 legal agreement to require the applicants to enter into a planning obligation to secure the following;

a) The provision of 13 low cost home ownership affordable apartments sold at 20% discount on Market Value in perpetuity comprising 5 x 1 bedroom, 7 x 2 bedroom and 1 x 3 bedroom units.

b) Payment of a monitoring and administration fee associated with the legal agreement of 3.5% subject to a maximum of £10,000.

8.2 In the absence of a suitable planning obligation agreement being completed to the satisfaction of the Local Planning Authority on or before 4th December 2020 or such later date as may be authorised by officers under delegated powers the planning permission be refused for the following reason:

In the absence of any suitable legal agreement to secure a financial contribution towards affordable housing the proposal conflicts with Policy TP31 of the Birmingham Development Plan and the Affordable Housing SPG.

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

8.4 That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority on or before 4th December 2020 or such later date as may be authorised by officers under delegated powers favourable consideration be given to this application, subject to the conditions listed below.

1 Implement within 3 years (Full)

2 Whole Site - Requires the scheme to be in accordance with the listed approved plans

Page 20 of 24 3 Submission of Remediation Strategy

4 Requires the submission of unexpected contamination details if found

5 Requires the submission of a programme of historic building recording.

6 Requires the prior submission of a construction employment plan.

7 Requires the prior submission of a sustainable drainage scheme

8 Requires the prior submission of an additional bat survey

9 Submission of Construction Management Plan

10 Details of Materials

11 Details of Landscaping and Lighting

12 Requires the submission of a contaminated land verification report

13 Glazing to be Implemented in Accordance with Agreed Details

14 Details of Noise Insulation

15 Balustrades enclosing Rear Terraces to the Townhouses

16 Obscure windows at Level 2 of Townhouses

17 Rear Private Terrace to Townhouses at Plots TH05 and TH06

18 Requires the submission and completion of highway works

19 Submission of Sustainable Drainage Operation and Maintenance Plan

20 Requires the submission of a scheme for ecological/biodiversity/enhancement measures.

21 Requires the parking area to be laid out prior to use.

22 Electric Car Charging Points in Basement

23 Extraction from commercial floorspace to terminate at roof level

Case Officer: Julia Summerfield

Page 21 of 24 Photo(s)

Existing Elevation to Holloway Head

Existing Elevation to Blucher Street

Page 22 of 24

Chapmans Passage

Concord House at Junction of Marshall Street and Chapmans Passage Page 23 of 24 Location Plan

Page 24 of 24 Birmingham City Council

Planning Committee 05 November 2020

I submit for your consideration the attached reports for the North West team.

Recommendation Report No. Application No / Location / Proposal

Approve – Subject to 10 2020/05394/PA 106 Legal Agreement Land at Kingston Road and Rectory Road Sutton Coldfield Birmingham B75 7NY

Demolition of existing buildings and outline planning permission for residential development (use Class C3), access from Kingston Road and Rectory Road and associated engineering works (with all other matters reserved)

Page 1 of 1 Director, Inclusive Growth (Acting)

Committee Date: 05/11/2020 Application Number: 2020/05394/PA Accepted: 16/07/2020 Application Type: Outline Target Date: 15/10/2020 Ward: Sutton Roughley

Land at Kingston Road and Rectory Road, Sutton Coldfield, Birmingham, B75 7NY

1. Proposal

1.1. This planning application seeks consent for the demolition of existing buildings and outline planning permission for the erection of up to 135 residential dwellings on land which is currently operated as the headquarters for Defence Infrastructure Organisation, located at Kingston Road / Rectory Road, Sutton Coldfield. Consent is also sought for vehicular access from Kingston Road and Rectory Road and associated engineering works with all other matters (layout, scale, appearance and landscape) reserved.

1.2. A masterplan providing an indicative layout has been submitted, which suggests how the eventual development of the site could be arranged. It is noted however that layout shall be retained as a reserved matter. Affordable housing is proposed to be delivered on site to a proportion of 35% (48 units).

1.3. The masterplan illustrates the proposed retained northern access from Kingston Road; a new southern access onto Rectory Road; and a proposed road link through the site. Tree retention and SUDS features are also represented on the masterplan, which inform the proposed vehicular access from Rectory Road.

Page 1 of 15

Figure 1: Masterplan

1.4. A full complement of supporting documents has been submitted to inform the planning application, including Transport Assessment; Preliminary Ecological Appraisal and associated reports; Tree Retention and Removal Strategy; Framework Travel Plan; Flood Risk Assessment and Drainage Strategy; Design and Access Statement; Energy and Sustainable Construction Statement; Land Quality Assessment; Utilities Summary; Air Quality Assessment and Statement of Community Involvement.

1.5. Link to Documents

2. Site & Surroundings

2.1. The site extends to approximately 3.1 ha (7.66 acres) and is occupied by the DIO Headquarters. The site contains the three-storey DIO Headquarters building in the northern part of the site, and a range of associated ancillary buildings run north to south through the site.

2.2. The eastern part of the site comprises circulation space and parking for approximately 370 cars which is located tight to the boundaries of residential properties to the east in Gunner Grove and Saracen Drive. The western and southern parts of the site generally comprise short mown grass and contain the majority of the significant number of trees that the site contains, particularly along the southern boundary with Rectory Road. The site is generally flat although there is a fall from its north-west corner to its south-east corner adjacent to Rectory Road.

2.3. The site is currently accessed from Kingston Road. There is, however, a second access point to the south on Rectory Road, which is currently used only for emergency purposes. There are no Public Rights of Way (PRoW) within or adjacent to the site.

Page 2 of 15

2.4. To the immediate north, north-west and east of the site are the residential estates that comprise earlier phases of the redevelopment of the former St Georges Barracks. A short distance from the site’s northern boundary is the Withy Hill Park recreation ground. This facility was extended and improved in recent years as part of the overall redevelopment of St George’s Barracks. It contains a Children’s Play Area, an informal pitch, and large areas of amenity space and wooded areas. To the immediate west of the application site is former military housing in St Georges Close.

2.5. Site Location

3. Planning History

Application Site

3.1. 29.06.2009 – 2009/01620/PA - Redevelopment of the Defence Estates office headquarters involving the demolition of the buildings and the erection of new office space including a reconfigured parking layout and landscaping – Approve subject to conditions.

3.2. 03.10.2006 - 2000/03235/PA – Outline application for residential development (DIO Headquarters Site) - Approve subject to conditions and Section 106 Agreement.

3.3. Various historic planning applications associated with the operation of the DIO headquarters site which are of no relevance to this planning application.

Page 3 of 15 Surrounding Sites

3.4. 28.03.2002 - 2001/06526/PA - Details as amended of Reserved Matters A1 (siting), A2 (design), A3 (external appearance), and A4 (access) attached to App No. N/03232/00/OUT in connection with the erection of 82 dwellings, roads and public open space (Territorial Army Centre, Enclave Site) – Approve subject to conditions.

3.5. 21.02.2001 - 2000/03232/PA - Outline application for residential development (Territorial Army Centre, Enclave Site) – Approve subject to conditions and Section 106 Agreement.

3.6. 25.05.2000 - 1999/04776/PA - Erection of 69 units with associated garages and roads (Former St Georges Barracks) – Approve subject to conditions.

3.7. 17.09.1998 – 1998/01187/PA - Residential development comprising the erection of 29 dwellings and access roads (Former St Georges Barracks) – Approve subject to conditions.

3.8. 30.12.1997 - 1996/04604/PA - Residential Development and Open Space (Former St Georges Barracks) – Approve subject to conditions.

4. Consultation/PP Responses

4.1. BCC Transportation Development – no objection subject to conditions to secure vehicular visibility splays; pedestrian visibility splays; secure and covered cycle parking; and car parking provision to be in accordance with BCC guidelines.

4.2. BCC Regulatory Services – no objection subject to conditions to secure a construction method statement; contaminated land remediation and verification strategy; provision of electric vehicle charging points; and a noise assessment to ascertain glazing and ventilation requirements.

4.3. Lead Local Flood Authority – no objection subject to conditions to require the prior submission of a sustainable drainage scheme; finished floor levels; and the prior submission of a Sustainable Drainage Assessment and Sustainable Drainage Operation and Maintenance Plan.

4.4. BCC Housing – support the proposal to deliver 35% affordable housing on site.

4.5. BCC Leisure Services – require a financial contribution to provide improvements to offsite children’s play area at Withy Hill Recreation Ground.

4.6. Severn Trent Water – no objection subject to condition to require the prior submission of drainage plans for the disposal of foul and surface water flows.

4.7. West Midlands Fire Service – no objection.

4.8. West Midlands Police – no objection.

4.9. Site notice posted. Ward Members, neighbours and MP notified. Nine letters of objection received raising the following concerns:

• Type of housing proposed (apartments / social housing); • Increase in traffic in vicinity of the site;

Page 4 of 15 • Excessive speed in operation by vehicles in the vicinity of the site and the need for traffic calming along Rectory Road; • Increase in use of Withy Hill Recreation Ground; • Proposed access through existing residential estate; • Loss of trees on Rectory Road frontage; • Removal of existing boundary fences; • Insufficient information available regarding the proposals; • Right to light of existing residents; • Impact on local amenities (schools, GPs, etc); • Instances of overlooking; • Construction phase disruption to existing residents; • Too large a development proposed; and • Incorrect road names set out in the Illustrative Masterplan.

5. Policy Context

5.1. National Planning Policy Framework (2019); Birmingham Development Plan (2017); Places for Living SPG (2001); Car Parking Guidelines SPD (2012); Affordable Housing SPG (2001); Public Open Space in New Residential Development SPG (2007)

6. Planning Considerations

6.1. Background – The application site has previously been outline planning permission for redevelopment for housing, which was approved in 2006. These proposals formed part of the wider residential development of the Former St George’s Barracks and the Territorial Army Enclave site, which were subsequently developed in the early 2000s, and comprise the current site surroundings. The outline planning permission at the application site was not implemented due to the headquarters being required to be retained for the longer term.

6.2. With regards to the departure of the DIO from the application site, planning permission is in place for the development of a new office building at the DMS Whittington site, which is understood to be under construction and available for occupation mid-2021. This reflects the ambition of the DIO to operate a smaller estate and consolidate their land. At this point, the application site would be left vacant and be disposed. Subject to the grant of outline planning permission, the DIO intend to market the site and secure a purchaser ahead of relocation to DMS Whittington. The purchaser would then prepare its detailed proposals and submit the ‘reserved matters’ applications ahead of the redevelopment of the application site.

6.3. Principle of Development – The principle of residential development has been established at the site through the previous outline planning consent granted under application reference 2000/03235/PA. Whilst it is noted that a considerable amount of time has elapsed since the decision was issued and the permission subsequently expired prior to being implemented, it is considered that the principle of residential development remains acceptable in the context of current adopted local and national planning policy.

6.4. The proposed development would complete the intended redevelopment of the former St George’s Barracks, the Territorial Army Enclave Site and the DIO Headquarters, which were proposed in the early 2000s. It is therefore considered

Page 5 of 15 that the proposed development would be reflective in character of the surrounding residential development, and achieve the benefit of removing a non-conforming use from the area. This would be consistent with the requirement of policies TP27 and TP28 of the Birmingham Development Plan.

6.5. The proposed development would seek to achieve a maximum of 135 dwellings on the application site, with 35% of the proposed dwellings comprising affordable housing to be delivered on site. This amounts to a density of around 43 dwellings per hectare. It is considered that the proposed quantum of development and level of affordable housing would be appropriate in the context of the surrounding area and comply with relevant local planning policy set out at policies TP30 and TP31 of the Birmingham Development Plan.

6.6. Illustrative Masterplan – The matters of layout, appearance and scale are reserved. The proposed illustrative masterplan incorporates a development block structure that would deliver a range of different house types and sizes, and was developed in response to the opportunities and constraints presented by the site, acknowledging the site’s location and seeking to reflect the pattern of development found within the surrounding existing residential development.

6.7. The majority of houses would be two or two and a half storey, though it is considered there is potentially scope for three storey development, given the built form currently present at the site. Market testing indicates that the site could support a mix of houses and apartments with the split between the two to be determined at the Reserved Matters stage. It is anticipated at this stage the mix would consist of one and two bedroom apartments; and two, three and four bedroom houses.

6.8. The northern and eastern boundaries of the application site are predominantly backed onto by the rear gardens of existing properties. It is proposed to back onto these boundaries with new development, and the masterplan accommodates the required back to back dimension between existing and new development. It is considered that this approach would be consistent with guidance set out within Places for Living SPG, which promotes the concept of “private backs”.

6.9. The western boundary is dominated by the existing group of trees which are proposed to be retained. To the north western corner, the land slopes away slightly and some level changes would be required in order to match neighbouring ground levels to ensure that the amenity of existing and future residents is respected.

6.10. Development to the southern boundary facing Rectory Road is proposed to be set back to create a landscape buffer with retained trees and SuDS provision. This seeks to enhance the street scene on Rectory Road and provide a high quality gateway to the development.

6.11. The City Design Officer has been consulted on the application proposals and considers that the site presents an opportunity to deliver high quality housing with the proposed accesses connecting with the surrounding area and allowing for a logical hierarchy of streets within the site. The design vision and objectives set out within the Design and Access Statement submitted in support of the application proposals including aspirations for development character and sustainability are supported and the proposed approach to layout, scale, massing, landscape and appearance would appear to be capable of delivering these. I concur with this view, and recommend that a condition is attached to any grant of planning permission which requires the scheme to be in accordance with the Design and Access Statement.

Page 6 of 15

6.12. Trees, Landscape and Ecology – The site contains a large number of trees which vary in terms of their quality and contribution to the street scene and to the amenity of the site and its surroundings. The site is not subject to any Tree Preservation Orders.

6.13. The proposed development is informed by a Tree Survey and Arboricultural Impact Assessment which seeks to balance tree retention in key areas of the site with removals elsewhere that will secure best design and other outcomes overall. A site visit was undertaken with the Council’s Tree Officer to inspect the condition of the trees, and it was concluded that the proposed arrangement of removal and retention would be acceptable, resulting in the loss of the least important trees.

6.14. The need to avoid development in root protection zones, and to provide sufficient stand off from tree canopies for light and windfall distance has also been taken into account in developing the masterplan for the site. A Tree Retention and Removal Plan was submitted as a plan to be approved as part of the determination of the outline planning application.

6.15. The development seeks to provide areas of landscaping and ecological enhancement along the southern and western boundaries of the site, which is linked to the proposed tree retention plan. The illustrative layout proposes residential development along the northern and eastern boundary, where private rear gardens would back on to existing rear gardens, in accordance with guidance relating to “private backs” set out within Places for Living SPG.

6.16. The Council’s Landscape and Ecology Officers recommend amendments to the layout to pull buildings away from boundaries in order to better accommodate existing boundary vegetation / additional planting (particularly adjacent to existing rear gardens). I am of the view that these recommendations would be contrary to the objectives of the Places for Living SPG and Policy PG3 of Birmingham Development Plan, resulting in the creation of insecure spaces between the two developments, and potential maintenance issues of the additional boundary planting. On this basis, I do not consider that amendments are necessary to the proposed illustrative masterplan, and accept the approach of adjacent back gardens.

6.17. Given that landscape comprises a matter reserved for future determination, I am satisfied that the specific details are appropriate to be dealt with at a later stage in the planning process, on the grounds that the principles, on balance, are acceptable. I do however consider it necessary to secure additional ecological information through conditions attached to any grant of outline planning permission, relating to a further bat survey; construction ecological management plan; Ecological Enhancement Strategy; bird and bat boxes; lighting design strategy for biodiversity; and landscape and ecological management plan.

6.18. Highways and Access – The current outline application proposals are supported by a Transport Statement which has demonstrated that the site could be accessed by both the existing Century Way / Kingston Road access and a new access point from Rectory Road complying with the 2006 consent, without compromising highway safety. The outline planning application does not seek to be prescriptive in relation to the proportion of the site that might be serviced from one or the other points of access, but seeks to establish the principle that access from both points with a connection between the two through the indicative layout would be appropriate.

Page 7 of 15 6.19. The masterplan is designed on two points of vehicular and pedestrian access into the site which would create a permeable development and ensure that the residents of the site could readily access the POS at Withy Hill Recreation Ground to the north, as well as providing connections and links into the surrounding residential development. Permeability is a key consideration in establishing the access strategy and layout as the site is intended to complete the wider residential estate development across the former St George’s Barracks site.

6.20. A simple block structure is proposed which reflects the character of redevelopment on the former TA site adjacent and on earlier phases of the St George’s Barracks development. In accordance with Manual for Streets guidance a clear hierarchy of roads to adoptable standards is proposed:

• A vehicular link is proposed through the development from Rectory Road to Kingston Road in the form of a 5.5m wide carriageway with minimum 1.8m wide footpaths either side. • A secondary road to the same specifications is proposed in the top half of the site to serve the north western corner. The carriageway would terminate in a turning head, allowing pedestrian and cycle links to continue and connect with Kingston Road. • Shared surfaces to a minimum width of 4.8m may serve some dwellings and create streets for all, with permeable linkages through the public realm where possible.

6.21. From this simple road hierarchy a small number of dwellings would be accessed from private drives with development fronting on to the public realm.

6.22. It is considered that the use of the existing access from Century Way / Kingston Road will achieve significant benefits through the completion of the residential development which was originally intended through the redevelopment of the former St George’s Barracks and the Territorial Army Enclave Site.

6.23. Transportation Development recommend a condition to secure a package of measures to include the proposed new vehicular access(es), proposed new footway along Rectory Rd fronting the application site (drg. ‘Illustrative masterplan’), Road Safety Audits including post-completion audit, reinstatement of any redundant footway crossing(s), any work relating to any street furniture (e.g. lighting column etc.), statutory undertakers’ apparatus etc. Further conditions to secure vehicular visibility splays; pedestrian visibility splays; forward visibility splays; secure cycle parking; and car parking provision to be in accordance with BCC guidelines are also recommended. I consider that such conditions are reasonable and necessary in the context of the application proposals.

6.24. Flood Risk and Drainage - The site lies within Flood Zone 1 and there is no history of flooding issues at the site. The existing site drainage infrastructure connects to the public system in Rectory Road. The existing site drainage infrastructure is likely to be redundant following demolition.

6.25. The proposals have assumed that a majority of the site’s surface water runoff would be required to be managed by above ground attenuation features in that part of the site closest to Rectory Road. The masterplan allows sufficient space to accommodate above ground storage within this part of the site, close to the proposed Rectory Road access and within the area of retained trees. It is expected

Page 8 of 15 that detailed proposals would be developed at the reserved matters stage of the planning process.

6.26. Severn Trent Water and the Local Lead Flood Authority raise no objection. It is recommended that conditions are attached to secure appropriate mitigation and management of sustainable drainage and the disposal of foul and surface water flows.

6.27. Impact on Residential Amenity – The application site currently comprises a non- conforming use within a predominantly residential area. The proposed residential development of the site would be reflective of the surrounding character and would achieve considerable benefits in creating a comprehensive residential development with permeability from the new development to the existing estate.

6.28. The illustrative masterplan has been designed to provide a development block arrangement which is reflective of the surrounding residential character. Whilst it is noted that local residents have raised concerns with regards to overlooking from new residential development, I am satisfied that the principles to be approved would result in an acceptable outlook for prospective and existing residents. Furthermore, the detail of layout, scale and appearance constitute matters reserved for future determination, presenting the opportunity for more detailed evolution of the design proposals which would seek to address any prospective residential amenity concerns.

6.29. Regulatory Services raise no objection from a residential amenity perspective, however recommend that a condition to secure a noise assessment to inform glazing and ventilation requirements of the proposed dwellings and any other mitigation that may be required is attached to any grant of planning permission. I concur with this view and have attached an appropriately worded condition.

6.30. Planning Obligations – The outline planning application seeks to provide 35% affordable housing. This is compliant with policy TP31 of the Birmingham Development Plan. BCC Housing has advised that the grant of planning permission should be subject to the completion of a Section 106 Agreement to secure 35% affordable housing (48no. units). The Section 106 Agreement would be non-specific in terms of housing mix but include all the current types of tenure: Social and Affordable Rent; Shared Ownership; and Low Cost Housing.

6.31. Leisure Services has been consulted on the application and advises that the planning obligations to secure the necessary level of public open space was secured and delivered through the outline applications for the development of the application site, which was unimplemented, and the Territorial Army Enclave site, which was implemented. On this basis, it is understood that the current outline application has effectively satisfied their public open space obligations ahead of any development of the site.

6.32. With regards to children’s play facilities, Leisure Services recommend that a contribution of £110,000 is sought for off-site children’s play which is the current cost of such a junior facility for a development of more than 50 dwellings, and would cover the design, equipment, layout and maintenance of a refresh to the existing junior play area at Withy Hill Recreation Ground.

6.33. Policy TP9 of Birmingham Development Plan states that “Public open space should aim to be provided throughout Birmingham in line with the following standards:

Page 9 of 15 • All residents should have access within 400m, (5 to 10 minutes walk) to an area of publicly accessible open space which should have grass and trees and be at least 0.2 ha in size. Similarly, there should be children’s play facilities within 400m of all residents.”

6.34. It is noted that the whole of the application site is within 400m of the Children’s Play Area on Withy Hill Recreation Ground. On this basis, the distance standard in Policy TP9 is met. However, TP9 goes on to state that “New developments, particularly residential, will place additional demand upon all types of open space and children’s play areas… developer contributions could be used to address the demand from new residents...”. In this case, it is considered that additional homes would add greater demand for play facilities and accordingly enhancements are required, in the form of the replacement of and addition to existing play equipment at Withy Hill Recreation Ground.

6.35. This request has been considered by the applicant, who advises that a financial contribution of £60,000 can be offered towards the refresh of the children’s play area at Withy Hill Recreation Ground. This offer is consistent with the amount agreed as part of the 2006 consent on the application site, but never paid to the Local Authority due to the development not being implemented. Leisure Services has accepted that this offer is reasonable in the circumstances, and recommends that the financial contribution be pursued on this basis.

6.36. Having regard to the public benefits that the proposals could achieve through the redevelopment of previously developed land, the delivery of 35% affordable housing on site, and a financial contribution of £60,000 towards children’s play facilities, it is considered that the approach towards planning obligations is acceptable.

6.37. Community Infrastructure Levy – The application site the site lies in a ‘high value’ area of the City so that its redevelopment would attract a CIL payment of £85.04 per sqm. The amount of chargeable floorspace would however be determined at the reserved matters stage when the amount of new floorspace would be confirmed.

6.38. Other Matters – Regulatory Services has recommended conditions to be attached to any grant of planning permission to secure a construction method statement; contaminated land remediation and verification strategy; and the provision of electric vehicle charging points. I am of the view that such conditions are reasonable and necessary in the context of the existing site and the proposed development.

6.39. The application has been subject to an EIA screening opinion, and it was concluded that the proposals would not warrant and Environmental Impact Assessment.

7. Conclusion

7.1. The application site comprises previously developed land and the principle of residential redevelopment is considered acceptable in this predominately residential location, where a residential use has been established through the previously approved outline application.

7.2. The application site is located in a sustainable location which could be adequately accessed and serviced. Subject to the reserved matters details and conditions, I consider that the proposed development would provide an acceptable level of amenity for existing and prospective residents.

Page 10 of 15 7.3. For the reasons set out above, I recommend that outline planning permission is granted subject to conditions and the future determination of reserved matters, alongside the completion of a Section 106 Agreement to secure 35% affordable housing.

8. Recommendation

8.1. That consideration of application number 2020/05394/PA is deferred pending the completion of a Section 106 Legal Agreement to secure the following:

i) To secure 35% ‘affordable units’ delivered on site and retained as such in perpetuity; ii) Payment of £60,000 (index linked to construction costs from the date of the Committee resolution to the date on which payment is made) towards the improvement of the existing children’s play area at Withy Hill Recreation Ground; and iii) Payment of a monitoring and administration fee associated with the legal agreement of 3.5% subject to a maximum of £10,000.

8.2. In the event of the above legal agreement not being completed to the satisfaction of the Local Planning Authority on or before 30th November 2020, or such later date as may be authorised by officers under delegated powers, planning permission be REFUSED for the following reason;

i) The proposal represents an unacceptable form of development as it would not achieve Section 106 Planning Obligations in the form of appropriate affordable housing. This is contrary to Policies TP9 and TP31 of the Birmingham Development Plan 2031, Affordable Housing SPG, and the National Planning Policy Framework (2019).

8.3. That the City Solicitor be authorised to prepare, complete and seal the appropriate planning obligation via an agreement under Section 106 of the Town and Country Planning Act.

8.4. That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority on or before 30th November 2020, or such later date as may be authorised by officers under delegated powers, favourable consideration be given to this application, subject to the conditions listed below. That subject to the signing of a S106 agreement that planning permission is granted subject to conditions. In the event of this agreement not being signed by then permission is refused.

1 Requires the submission of reserved matter details following an outline approval

2 Requires the scheme to be in accordance with the listed approved plans

3 Limits the layout plans to being indicative only except in relation to access

4 Limits the maximum number of dwellings to 135

5 Requires the submission and completion of highway works

Page 11 of 15 6 Requires the provision of a vehicle charging point

7 Requires vehicular visibility splays to be provided

8 Requires the submission of cycle storage details

9 Requires pedestrian visibility splays to be provided

10 Requires the scheme to be in accordance design and access statement

11 Requires the prior submission of a construction method statement/management plan

12 Requires the prior submission of Noise Assessment

13 Requires the submission of a lighting scheme for biodiversity

14 Requires the prior submission of an additional bat survey

15 Requires the prior submission of a construction ecological mitigation plan

16 Requires the prior submission of a landscape and ecological management plan

17 Requires the submission of a scheme for ecological / biodiversity / enhancement measures

18 Requires the prior submission of details of bird/bat boxes

19 Sets the level of the finished floor levels

20 Requires the prior submission of a Sustainable Drainage Assessment and Sustainable Drainage Operation and Maintenance Plan

21 Requires the prior submission of a sustainable drainage scheme

22 Requires the prior submission of drainage plans

23 Requires the prior submission of a contamination remeditation scheme

24 Requires the submission of a contaminated land verification report

Case Officer: Claudia Clemente

Page 12 of 15 Photo(s)

Application site: eastern boundary

Existing three storey building

Page 13 of 15

Existing trees (southern boundary looking south)

Application site looking north

Page 14 of 15 Location Plan

Page 15 of 15