Committee Date: 28/11/2013 Application Number: 2013/06583/PA Accepted: 03/09/2013 Application Type: Full Planning Target Date: 03/12/2013 Ward:

Barley Mow PH, 117 St Margarets Road, Ward End, , B8 2BD

Demolition of existing public house and removal of existing bowling green to provide a development of 24 residential dwellings of 2 and 3 bedrooms, with associated landscaping and parking. Applicant: Punch Partnerships (PML) Ltd & ID4 Living Ltd Jubilee House, Second Avenue, Burton-on-Trent, Staffordshire, DE14 2WF Agent: BBLB Architects LLP The Old Library, Hagley Road, Stourbridge, , DY8 1QH Recommendation Approve Subject To A Section 106 Legal Agreement

1. Proposal

1.1. Planning permission is sought for the demolition of the existing public house and bowling green for the erection of a 24-dwelling residential development with associated landscaping and parking.

1.2. The proposed layout includes a pair of houses to the front entrance facing St Margaret’s Road. Beyond the entrance pair of housing, the site opens out to provide an access road to run centrally throughout the length of the site with housing to each side of it. All dwellings would be two-storey. The housing comprises 15 No. 2-bed dwellings, and 9 No. 3-bed dwellings with a parking provision of 47 spaces (196%).

1.3. All of the dwellings are to be managed by Midland Heart with a 100% provision of affordable housing. The applicant has stated that the proposed development will meet Code for Sustainable Homes Level 3 and the code assessment will investigate the most suitable measures including renewable energy measures and technologies to adopt in order to achieve Level 3. The applicant has offered (by way of a legal agreement) a sum of £24,000 to be spent by on other sport/leisure/recreation facilities within the local area.

1.4. A Design and Access Statement, Financial Appraisal, a list of alternative Bowling Greens within the locality, Archaeological Field Investigation, Ecology Report, Tree Survey and a Transport Statement have been submitted as part of this application.

Proposed layout

Proposed Elevations

Page 1 of 9

2. Site & Surroundings

2.1 The 0.46ha application site is a rectilinear plot of land that is located between St Margarets Road and Road, Ward End. The site contains a purpose-built public house. The building is two-storeys with early Edwardian design features. The application site is located within the Ward End Settlement, which is an area of archaeological significance.

2.2 The existing public house is elevated above street level by approximately 500 mm and is on a higher level in comparison to the neighbouring buildings and road. There is a forecourt and a parking area to the front. The existing building includes a hipped roof design, with a forward-facing gable to the front.

2.3 The existing site includes a large amenity space to the rear with soft landscaped boundaries and mature trees. None of the trees are protected by Tree Preservation Orders. There are demountable buildings sited to the rear of the building.

2.4 There is a disused bowling green to the rear that is elevated by approximately 1.5 metres. There is a dwellinghouse adjacent to the bowling green at No. 6 Grange Avenue. This dwelling includes a first-floor non-habitable room window that faces towards the bowling green.

2.5 The surrounding area contains a mixture of uses. There is a three-storey council- managed property at No’s 99 to 109 St Margaret’s Road, which includes sheltered flats. Some of the flats have access to a private garden. To the west of the application site, there is a mixed-use that comprises motor-mechanical based sales, dismantling, and repairs. There are 5 units, and unit No. 5 is located adjacent to the south-west corner of the application site.

Site Location

Street View

3. Planning History

3.1. 15/02/1996 (Ref 1994/04355/PA) Convert part of existing car park into beer garden with play equipment – Approved Subject to Conditions.

4. Consultation/PP Responses

4.1. Transportation Development – No objections subject to conditions relating to, amongst others, S278 works and pedestrian visibility splays.

4.2. Regulatory Services – Raise concerns with the proximity of residential dwellings to the adjoining industrial uses.

4.3. Leisure Services – No objection subject to financial contribution towards loss of bowling green and for POS and play improvements.

4.4. CYPF – Request a financial contribution towards education.

Page 2 of 9 4.5. Housing – Support the proposal on the basis that 100% affordable housing is proposed.

4.6. West Midlands Police – No objections. Comments made in relation to ‘Secure By Design’ and the parking layout.

4.7. West Midlands Fire Service – No objections.

4.8. Severn Trent – No objections subject to drainage condition.

4.9. Adjoining properties and local Councillors, residents associations and MP consulted with site and press notices posted.

4.10. 4 representations received from local residents making the following comments:

• Loss of Public House. • Over-intensive development. • The section of Road between St Margaret’s Road and St Margaret’s Avenue should be widened to improve highway safety. • Request to provide access to rear gardens in Asquith Road.

5. Policy Context

5.1. UDP (2005), Draft Birmingham Development Plan, Places for Living SPG, Development involving former Public Houses SPG, Car Parking Guidelines SPD, Mature Suburbs SPD, 45-Degree Code SPG, Archaeology Strategy SPG, Affordable Housing SPG, Public Open Space and New Residential Development, and the NPPF.

6. Planning Considerations

6.1. Loss of Public House:

6.2. Development involving former Public Houses SPG recognises that many public houses perform a valuable function as a focal point for local social/community activities. A key consideration involving the loss of a public house includes the availability of alternative public houses to serve the needs of the local community. The closest alternative public houses are the Fox and Goose and Hornet, which are both located in the Fox and Goose District Centre at a distance of some 1km from the application site. Whilst it is recognised that the public house is currently operating and serves the local community, in view of the proximity of alternative public houses in the nearby Fox and Goose District Centre, it is considered that the loss of this public houses could not be resisted in principle.

6.3. Loss of Bowling Green:

6.4. Regarding playing fields, the UDP seeks a standard of 1.2ha per 1000 population and development of playing fields will not normally be allowed particularly in areas which fall significantly below this standard. Where exceptional circumstances are demonstrated, the provision of equivalent long-term recreational community benefit will be sought. The UDP is clear that planning permission will not be granted because a playing field has fallen out of use and become derelict.

Page 3 of 9 6.5. The applicant understands that the bowling green has not been used for over 25 years. It is highlighted that the Birmingham Playing Pitch Strategy 2011 demonstrates that the overall supply of playing fields within the area is below the UDP standard, this is specifically in relation to football, cricket and rugby pitches. The document also notes that there may be an opportunity to use existing bowling greens for other sports and a disused green in Ward End Park is specifically mentioned. Reference is also made to a surplus of bowling greens generally. In response, the applicant has analysed alternative bowling green facilities within 2.25kms (Ward End Park, Ward End Social Club, Ward End Conservative Club, Beaufort Sport and Social Club and Lad in the Lane). Furthermore, within a 8km radius there are three bowling affiliated to Bowls England (, and West Midlands Police Bowling Clubs), which are open to new members. Planning Strategy and Leisure Services have evaluated this appraisal and agree that there is adequate capacity to accommodate new members or participants and the loss of the existing bowling green is acceptable subject to a financial contribution.

6.6. Design:

6.7. The proposed layout would create a new cul-de-sac with a centrally positioned shared surface access with the new houses facing onto this space and creating a strong sense of enclosure. This arrangement would generate a good level of natural surveillance and security to the development including boundaries to adjoining properties. All the proposed houses would be 2 storey in height, which is predominant in this locality, incorporating a subtle modern interpretation of a conventional red brick / render and tile house.

6.8. The proposal would retain boundary trees but see the removal of a limited number from within the site. The Tree Officer has evaluated the proposals and recognised that their retention would significant impact upon the site’s ability to create a layout that would meet good urban design principles. The proposed layout would see new tree planting within the public realm of the new street. She raises no objection to the proposal and advises that suitable tree pits would be required to ensure that they have a reasonable chance of becoming established and mitigate against the lost trees.

6.9. Highway Safety:

6.10. The proposal would provide a total of 47 parking spaces, representing a 196% provision. Car Parking Guidelines seeks an average provision of 200% in such a location. In view of the smaller nature of the family housing proposed (2 and 3-bed), and the site’s close proximity to Ward End Neighbourhood Centre, it is considered that this level of parking provision is acceptable. Transportation Development raises no objection.

6.11. Residential Amenity:

6.12. A Noise Impact Assessment has been submitted in support of this application. This identifies noise sources from traffic noise from St Margaret’s Road as well as noise from the car repair business to the west and the plastics yard to the east of the application site. Taking the expected noise level over the application site, mitigation measures in the form of glazing and ventilation attenuation requirements would be necessary.

Page 4 of 9 6.13. Regulatory Services have raised concerns regarding the close proximity of the rear gardens of Plot No’s 18-21 to the adjoining motor mechanical repairs use to the West of the application site. Whilst it is acknowledged that these four units could be subject to greater levels of noise, it is considered that the living conditions of occupiers within the building could be protected by means of appropriate noise insulation, and that the benefits of the scheme as a whole outweigh the concerns raised in terms of potential noise levels to the rear gardens of these three properties.

6.14. ‘Places for Living’ seeks a 5m storey set back where new development with main windows overlooking existing private residential space is proposed. A 10m setback for the proposed 2-storey houses is achieved with the exception of plot 3, which achieve 9.9m. It is considered that the impact of this minor shortfall would not have an unacceptable impact on neighbouring residential amenity.

6.15. Bedroom sizes meet minimum standards given in ‘Places for Living’. A number of the 2-bed units have gardens smaller than the 52sqm guideline in ‘Places for Living’. These range from 40-50sqm. This is a direct result of the angled nature of the site’s boundaries compared to the regimented frontages of the new houses creating strong building lines within the public realm of the new street. In view of the benefits this arrangement brings to the urban design of the scheme, it is considered that these shortfalls are acceptable.

6.16. Planning Obligations:

6.17. UDP and SPG policy requires new housing schemes of 15 or more dwellings to provide a 35% affordable housing provision. Furthermore, UDP and SPD policy requires a scheme of 20 or more dwellings to provide a financial contribution towards the improvement and maintenance of existing public open space and children’s play facilities. Leisure Services advise that this off-site contribution would be £97,200 and the financial contribution required to compensate for the loss of a bowling green is £48,300. Furthermore, CYPF also advise they would require a financial contribution, though no figure has been given.

6.18. The applicant has demonstrated that the viability of the scheme is such that there are insufficient funds to pay the required financial contributions in full. However the proposals have been designed for Midland Heart, with financial assistance to be provided from the Homes and Community Agency, and would result in 100% provision of affordable housing. The provision of such a high level of affordable housing must be considered within the context of the other financial contributions being requested. It is recognised that the provision of affordable housing is a very important priority in the City and it is considered appropriate that this offsets other requirements. In addition the applicant is also offering a financial contribution of £24,000 towards the loss of the bowling green. Similar to other proposals, the legal agreement would be worded such that, in the event that the site was not sold to Midland Heart, 35% affordable housing would still need to be provided on the site by any subsequent land owner, in the event of the permission being implemented.

6.19. Other matters:

6.20. An ecological assessment has been submitted in support of the application, which identifies that habitats on the site are widespread and of low nature conservation value. The report notes that the public house building has moderate potential for roosting bats and has features that could not be fully inspected. As such, dusk emergence surveys should be undertaken between May and September to determine the presence of any bats. Furthermore, the scheme should include

Page 5 of 9 biodiversity enhancements, including the use of wildlife friendly species into the planting scheme as well as bat roosting features and bird boxes.

6.21. The application site lies within the historic settlement of Ward End recorded in the Historic Environment Record. The archaeological desk-based assessment and evaluation report submitted with the application shows that the site contains archaeological remains from the 17th century and potentially earlier dates that could be affected by the proposed development. The archaeological remains survive in the part of the site immediately to the rear of the Barley Mow, and in the southern end of the site. The Council Archaeologist recommends a condition requiring archaeological excavation in advance of commencement of the development.

7. Conclusion

7.1. The proposal would provide new affordable housing within an established residential area in close proximity to local services and facilities. The development would provide an appropriate residential scheme that responds to the character of the area, safeguards neighbour amenity and would have no adverse impact on highway safety. It has been demonstrated that the payment of all the required financial contributions would make the scheme unviable. However, the provision of a minimum 35% affordable housing and a financial contribution of £24,000 towards the loss of the bowling green could be secured by means of a legal agreement. As such the proposal is in accordance with relevant policy and guidance and planning permission should be granted.

8. Recommendation

8.1 Deferred

I. That consideration of Application 2013/06583/PA be deferred pending the completion of a S106 Legal Agreement to secure the following:

(a) Affordable housing comprising of 35% rented units and/or shared ownership units.

(b) A contribution of £24,000 to be paid upon implementation (index linked to construction costs from the date of the committee resolution to the date on which payment is made) in lieu of the bowling green towards the provision and/or improvement of sports, recreational and community uses in the Hodge Hill and/or Washwood Heath Wards and the maintenance thereof, or to be spent on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the sum provided that any alternative spend purpose has been approved by the Council's Planning Committee.

II. In the absence of the planning obligation being completed to the satisfaction of the Local Planning Authority by 01/12/2013, planning permission be refused for the following reasons:

(a) The proposed development does not make provision for Affordable Housing contrary to paragraphs 5.37-5.37G of the Birmingham Unitary Development Plan 2005 and the National Planning Policy Framework.

(b) The proposed development does not make a financial contribution in lieu of the bowling green contrary to paragraph 3.57 of the Birmingham

Page 6 of 9 Unitary Development Plan 2005 and the National Planning Policy Framework.

III. That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the planning obligation.

IV. A Monitoring /Administration Fee of £1,500 to be paid on completion of the planning obligation.

V. That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority by 01/12/2013, favourable consideration be given to the application subject to the conditions listed below;

1 Requires the prior submission of a programme of archaeological work

2 Requires the prior submission of a drainage scheme

3 Requires the prior submission of an additional bat survey

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

5 Requires the prior submission of hard and/or soft landscape details

6 Requires the prior submission of boundary treatment details

7 Requires the prior submission of sample materials

8 Requires the prior submission of level details

9 Protects retained trees from removal

10 Requires the implementation of tree protection measures

11 Requires the prior submission of an arboricultural method statement

12 Requires pedestrian visibility splays to be provided

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

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

15 Limits the approval to 3 years (Full)

Case Officer: Jamie Whitehouse

Page 7 of 9 Photo(s)

Photo 1: Front Elevation of Existing Public House

Photo 2: Photo of Existing Bowling Green to Rear

Page 8 of 9 Location Plan

15

11

17

33

8

42

21

29 37

40

39

31

23 41

43

27

47 1

128

152 140

164 172 1

100.2m 100.6m

139

127 101.0m

100.3m 151

99 to 109 to 99

163

81

91

85 Works 63

The Barley Mow 81 (PH)

92

Grange Avenue 69

82

6 1

ASQUITH ROAD

Path

74 17 61

70 Scrap Yard

60 51 47

Allotment Gardens 54 37 Scrap Yard

40 25

Garage

670

This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010

Page 9 of 9