Birmingham City Council Planning Committee 26 September 2019
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Birmingham City Council Planning Committee 26 September 2019 I submit for your consideration the attached reports for the North West team. Recommendation Report No. Application No / Location / Proposal Approve – Conditions 9 2019/05337/PA Land adjacent 17 Friary Road Handsworth Birmingham B20 1BD Retention of 1 no. detached dwelling house Approve – Conditions 10 2019/05177/PA Mill Court City Hospital, Sandwell & West Birmingham Hospitals NHS Trust Dudley Road Birmingham B18 7QH Formation of 3m wide cycle-lane and 2m foot path. Page 1 of 1 Director, Inclusive Growth Committee Date: 26/09/2019 Application Number: 2019/05337/PA Accepted: 15/07/2019 Application Type: Full Planning Target Date: 26/09/2019 Ward: Handsworth Wood Land adjacent 17 Friary Road, Handsworth, Birmingham, B20 1BD Retention of 1 no. detached dwelling house Recommendation Approve subject to Conditions 1. Proposal 1.1. This application seeks consent for the retention of a new detached dwelling house on land to the side of 17 Friary Road. 1.2. The dwelling house is of a contemporary design proposing living accommodation over three floors. The second floor is shallower in width and depth than the lower floors enabling a rear balcony area to be created. 1.3. The footprint of the dwelling house is 8m in width and 10m in depth constructed with a splayed rear elevation to the ground floor only resulting in an overhanging first floor area. The dwelling house has been constructed with a flat roof totalling approx. 6.9m. 1.4. The dwelling is constructed level with the existing neighbouring premise at 17 Friary Road, continuing the building line of this street scene. Parking access for up to two vehicles is proposed within the front garden area of this dwelling house. 1.5. A Design and Access Statement has been submitted in support of this application. The Design and Access Statement sets out the design principles for this contemporary design. 1.6. An identical scheme was approved in 2013 (2013/01209/PA), but works did not commence prior to the expiry of the 3 year time limit. The application came about due to a current enforcement investigation (2019/0472/ENF). 1.7. Link to Documents 2. Site & Surroundings 2.1. The application site previously comprised partly of existing garden area to the side of 17 Friary Road and partly of a vacant plot adjacent to the existing curtilage of Friary Road. A new dwelling house had been substantially completed at the site at the time of the site visit. 2.2. To the northwest of the proposed application site is an unmade access way leading to garages situated to the rear of premises on Friary Road and Friary Gardens. This Page 1 of 7 access way is then adjacent to allotments. 2.3. To the west of the site are further dwelling houses facing onto Friary Road. There are also residential premises opposite the site. site location 3. Planning History 3.1. 09/08/2013 - 2013/01209/PA - Erection of 1 no. detached dwelling house – Approved subject to Conditions 3.2. 2019/0472/ENF - Alleged breach of pre-commencement conditions attached to 2013/01209/PA – Action held pending the determination of this application. 4. Consultation/PP Responses 4.1. Regulatory Services – No objections subject to a condition for noise insulation to windows serving habitable rooms. 4.2. Transportation Development – No objection subject to a condition for visibility splays to serve proposed driveway. 4.3. West Midlands Police – No objection 4.4. Severn Trent Water – No objection 4.5. Local Occupiers and Ward Councillors notified. Site Notice posted. 8 letters of objection have been received which raised concern in respect of: • Scale, mass and design – the building is not in keeping with the street scene • Highway safety issues • The existing building work is impact on neighbours rights of access • Loss of privacy/overlooking issues • Concern in general that the is a loss of single family accommodation in the area • Concerns over potential HMO 4.6. In addition to the above 2 letters of support have also been received expressing the following: • The modern architecture brings something new and brightening to the area. • Providing a family house on a derelict site is a benefit to the community. 5. Policy Context 5.1. The following local policies are applicable: • Birmingham Development Plan (2017); • Unitary Development Plan (2005) (saved policies 3.14-3.14D & Chapter 8); • Places For Living SPG (2001); • Mature Suburbs SPD (2008) • Car Parking Guidelines SPD (2012) 5.2. The following national policers are applicable: • National Planning Policy Framework (2019). Page 2 of 7 6. Planning Considerations 6.1. This application has been submitted following a previously approved application (2013/01209/PA). The previous permission had lapsed before works commenced and this application have been submitted to regularise the situation. 6.2. Through the NPPF the Government attaches great importance to the design of the built environment stating that good design is a key aspect of sustainable development, indivisible from good planning, and should contribute positively to make places better for people. The NPPF states that local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of the development that would be expected for the area. Places for Living SPG and Mature Suburbs SPD set out clear urban design guidance for new residential development and as such are material consideration in the assessment of this proposal with regard to the NPPF. These policies also contain guidance on ensuring high quality living accommodation for proposed occupiers and ensuring the residential amenity of existing local residents. 6.3. This proposal seeks to utilise previously developed land within an established residential area. The broad principle of the siting of this proposal is in line with the sustainable development objectives of the NPPF and BDP policies. Although the principle of this proposal is acceptable an assessment of the details of this proposal must be considered taking into account the impact of this development on the character of the area, on existing residential amenity and whether the new dwelling would offer good quality living accommodation to the proposed occupiers. 6.4. Policy PG3 of the Birmingham Development Plan (2017) expects all new development to ‘reinforce or create a positive sense of place and local distinctiveness with design that responds to site conditions and the local area context’ and make ‘efficient use of land in support of the overall development strategy’. 6.5. When considering the proposal under the original 2013 application, the following was considered, “The design of the new dwelling house is contemporary. The urban design principles set out in Places for Living SPG seeks to ensure that new development builds on local characteristics but does not necessary copy it. As such contemporary design that has evolved from the local context can be appropriate. The houses along this section of Friary Road are not identical. There are however some distinctive characteristics in terms of the general scale and position of houses within their plots. This proposal is consistent with the scale and position of the proposed dwelling to nearby premises. Although this dwelling would be erected with a flat roof, the proportions of the proposed dwelling house with the set back second floor are generally in line with the proportions of neighbouring houses. I consider that although this proposal would be of a more contemporary design to existing neighbouring premises this proposed dwelling would not harm the overall character or quality of the street scene.” 6.6. Policy and guidance relating to design has not fundamentally changed since this was originally considered in 2013. As such no objections are raised to the scale and form of the dwelling. Details relating to the external materials were previously covered by condition and were not previously approved. It is considered reasonable to require detail of the final external materials to be covered by condition and submitted within a time frame. Page 3 of 7 6.7. The new dwelling house would comprise three bedrooms and the overall accommodation would exceed the national described space standards. The dwelling would provide independent living facilities and would comprise a garden area of 80sqm which is also in line with recommends in Places for Living SPG. I consider that this proposal would result in good quality living accommodation for the proposed occupiers. 6.8. The new dwelling includes a balcony area to the rear of the second floor. The position of the balcony would afford a view of the adjoining allotments and the adjoining access way. The proposed balcony would not result in any direct overlooking to neighbouring residential garden areas. 6.9. Places for Living SPG recommends a 5m set back per windowed elevation from neighbouring boundaries to protect privacy amenity to existing neighbouring premises. The proposed garden area of this premise would be 10m in depth. The rear boundary of the proposed garden area partly adjoins the rear garden area of 46 Friary Gardens. The remainder of the rear garden boundary would be adjacent to the unmade access way. The ground and first floor windows of the proposed dwelling would achieve Places for Living separation distances from the boundary with 46 Friary Gardens. The second floor bedroom window would be below this guidance distance but would only have an oblique view of the top corner of this neighbouring garden area. I do not consider that this would cause an adverse privacy impact to this existing neighbouring garden area and as such do not consider that this would warrant the refusal of this planning application, or necessitate the imposition of a condition requiring that this window is obscurely glazed.