Committee Date: 28/11/2013 Application Number: 2013/07605/PA Accepted: 09/10/2013 Application Type: Variation of Condition Target Date: 04/12/2013 Ward: Longbridge

McDonalds Restaurants Ltd, 1661 Bristol Road South, , , B45 9UA

Removal of condition 20 attached to previous planning application 1991/00177/PA to allow 24 hr opening Monday - Sunday (7 days a week) Applicant: McDonalds Restaurant c/o Agent Agent: Savills 33 Margaret Street, London, W1G 0JD Recommendation Approve Subject To Conditions

1. Proposal

1.1. Planning permission is sought to remove condition 20 attached to planning approval 1991/00177/PA to allow an increase in the hours of operation of the McDonalds Restaurant located at 1661 Bristol Road South, Rednal to 24 hour opening daily.

1.2. The wording of condition 20 stated:

“The said premises shall be closed and cleared of customers between midnight and 0600 hours and 2330 hours and midnight daily.

Location Plan

2. Site & Surroundings

2.1. The application site relates to the Drive Thru McDonalds Restaurant located at 1661 Bristol Road South, Rednal.

2.2. This is single storey brick built building within a commercial frontage. The drive thru wraps around the building, with a car park for other customers located at the rear of the site.

2.3. Boundary fencing of approximately 1.8m in height extends around the boundary of the site. There are further commercial uses neighbouring the site with car sales and garage to the west and rear. There are two commercial properties with flats above to the east, with an area of cleared land beyond and opposite there is a row of retail premises, some with flats above.

2.4. The nearest residential properties are located approximately 60m to the west.

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Location Map

Street view

3. Planning History

3.1. 24/05/1990 - 1990/00230/PA Demolition of existing building, erection of restaurant and ancillary accommodation. Approved with conditions.

3.2. 17/04/1991 – 1991/00177/PA Construction of fast food restaurant and car parking. Approved subject to conditions.

3.3. 26/06/1998 – 1998/01697/PA Extension to existing car park to the rear and re-siting of refuse store to side. Approved subject to conditions.

3.4. 15/08/2001 – 2001/03289/PA Construction of cash machine enclosure and installation of cash dispenser (ATM). Approved subject to conditions.

3.5. 28/04/2009 – 2009/00874 Alterations to elevations and roof, replacement of boundary fencing and installation of patio and other associated works. Approved subject to conditions.

3.6. Also currently being considered are the following applications;

3.7. 2013/07510/PA - Reconfiguration of the drive thru lane and car park with the inclusion of a side-by-side ordering system and associated works.

3.8. 2013/07511/PA – Display of 6no internally illuminated signs and 1no non illuminated sign.

4. Consultation/PP Responses

4.1. Transportation Development – No objections

4.2. Police – No objections

4.3. Regulatory Services – Notes that there are residential flats within the upper floor of neighbouring properties at 1651 and 1653 Bristol Road South and recommend temporary one year consent to assess any impact.

4.4. Letters of notification have been sent to surrounding occupiers, Longbridge Ward Councillors and Planning Committee members from the Northfield Constituency.

4.5. A petition objecting to the proposal, with 68 signatories has been submitted. The principle objection is that there would be an increase in noise; litter; traffic; anti social behaviour and public nuisance. With other comments being as follows.

• The existing hours are sufficient • The extended opening hours are not needed in this area • The restaurant encourages obesity. • There would be an exploitation of the workforce • Parking problems in the local area.

Page 2 of 7 4.6. A petition in support of the application, with 26 signatories has been submitted, comments include.

• There are no issues with 24 hours opening • There is not much litter or anti social behaviour. • It will create jobs • Will provide local shift workers with hot food throughout the night. • 24hr opening is acceptable in the United States and should be in the UK.

5. Policy Context

5.1. The following local policies are relevant.

• The Birmingham Unitary Development Plan (2005) • Draft Birmingham Development Plan • SPD: Shopping and Local Centres (2012)

5.2. The following national policy is relevant.

• The National Planning Policy Framework (2012)

5 Planning Considerations

6.1. Paragraph 3.8 of the adopted Unitary Development Plan states that the City's environmental strategy is based on the need to protect and enhance what is good in the City's environment and to improve what is less good. The keynote is on quality and paragraph 3.10 of the UDP states that proposals which would have an adverse effect on the quality of the built environment will not normally be allowed.

6.2. Paragraphs 8.6 and 8.7 of the Unitary Development Plan (2005) contain a series of criteria to assess proposals such as this. In general such uses should be confined to shopping areas of mixed commercial development. The cumulative impact on amenity and traffic and the impact on the vitality and viability of the shopping frontage should also be considered. In assessing proposals for evening opening consideration should be given to the proximity of residential accommodation, nature and character of the shopping area and ambient noise levels. To protect residential amenity, if permission is granted, conditions may be attached requiring the premises to be closed and cleared of customers by a certain time.

6.3. The site falls within a commercial frontage on the northern side of Bristol Road South, Rednal, however is not within a defined centre. There is also a parade of shops on the opposite side of Bristol Road South and there is a mix of retail and commercial uses on both sides of the road. It is however noted that many of these retail properties contain residential living accommodation above at first floor including at the adjacent properties 1651 and 1653 Bristol Road South.

6.4. With regard to the 24 hours opening proposed, consideration needs to be given to the effect these would have on the amenity of surrounding residential occupiers. Regulatory Services have raised no objection to the proposal, however note the flats adjacent the site. Given their location within a commercial frontage on a principal arterial road, these properties could reasonably be expected to experience higher background noise levels than more residential locations. Therefore, given the site’s location and in the absence of objection from my Regulatory Services Officer, I consider it would be difficult to be certain that the extended hours would cause noise

Page 3 of 7 and disturbance sufficient to warrant refusal. As such, I consider that to allow the variation of condition would be acceptable in this instance.

6.5. I note that an application to reconfigure the car parking and drive though lanes is being considered separately to this application. The number of car parking spaces provided would be unchanged should these proposals be approved/implemented and, as such, there would be no implications for this application proposal. Transportation Development have raised no objections. I concur with this view, and I consider that the impact on highway safety would be neutral in this case.

6.6. I note the concerns that have been raised in relation to potential anti-social behaviour and disturbance. have been consulted and raise no objections to the proposal. I do not consider that the additional opening hours would have an additional impact, in terms of anti-social behaviour or staff safety issues, sufficient to warrant refusal of this proposal. Such issues could be controlled through satisfactory management of the use.

6.7. I note that the site falls within Flood Zones 2 and 3. However, there is no requirement for consultation with the Environment Agency on a proposal of this nature which would have no flood risk or contamination implications.

7. Conclusion

7.1. The proposal complies with the objectives of the policy context as set out above, and is therefore recommended for approval subject to the attached conditions, particularly a temporary one year consent to allow testing of the actual effect of extended hours upon local amenity.

8. Recommendation

8.1. Approve.

1 Requires the prior submission of level details

2 Requires the prior submission of a drainage scheme

3 Requires the prior submission of boundary treatment details

4 Requires adequate car parking facilities to be provided.

5 Requires pedestrian visibility splays to be provided

6 Requires the parking and vehicular areas to be paved with a suitable material.

7 Requires the prior submission of entry and exit sign details

8 Requires the prior submission of a mobility access scheme

9 Requires the prior submission of sample materials

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

Page 4 of 7 11 Requires suitable fencing/walling to be erected

12 Requires the prior submission of details of refuse storage

13 Requires the prior submission of extraction and odour control details

14 Requires the prior submission of a lighting scheme

15 Requires all loading and unloading of goods to be within the application site.

16 Limits delivery time of goods to or from the site

17 Prevents the use from changing within the use class

18 Restricts the use of the car park area

19 Requires the scheme to be in accordance with approved plans

20 Limits the approval to 3 years (Full)

Case Officer: James Mead

Page 5 of 7 Photo(s)

Figure 1 View of application site

Page 6 of 7 Location Plan

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

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