Committee Date: 23/01/2014 Application Number: 2013/09236/PA Accepted: 16/12/2013 Application Type: Full Planning Target Date: 17/03/2014 Ward: Nechells Palmer Street/Great Barr Street, (former MacDermid warehouse), Digbeth, Birmingham, B9 4AY Erection of single storey extension and external alterations to building and its use as a Data Centre (B8) with associated landscaping, boundary treatment and temporary surfaced parking Applicant: Palmer Street LLP c/o Agent Agent: Savills Innovation Court, 121 Edmund Street, Birmingham, B3 2HJ Recommendation Approve Subject To Conditions 1. Proposal 1.1. Proposal includes extensions, external alterations, boundary fencing, landscaping and confirmation of use of the building, in its entirety, to a B8 data centre. 1.2. More specifically the external works comprise: • extension of the building to infill the former loading bay areas, creation of single storey access with stairwell and two external covered loading areas. • creation of new double height entrance to the north east corner – ‘L’ shaped with approx max width of 12m, max length of 18m and flat roof height of 8.6m. • relocation of doorways into the building on Great Barr Street and introduction of 8 metal louvre panels • infill brickwork and insertion of new windows and areas of louvers to Palmer Street • replacement of double pitch roof behind parapet • replacement of vertical cladding to the parapet roof with horizontal cladding • generator flues and exhausts through the roof • landscape courtyard/entrance • 2.7m high weld mesh perimeter fencing is also proposed. 1.3 The data centre will operate 24 hours a day, 7 days a week. 1.4 31 space temporary car park is also proposed. 1.5 A design and access statement, planning statement, noise assessment and transport assessment have been submitted in support of the application. Page 1 of 7 Proposed elevations Proposed site plan 2. Site & Surroundings 2.1. The application property is a vacant industrial/warehouse building situated near the eastern edge of the city centre, close to the Middleway. The building is a utilitarian structure fenestrated with facing brick at lower level with metal cladding above. The building has limited openings onto Great Barr Street. 2.2. The wider area is in a mixture of uses, with industrial uses dominating. However there are retail and residential properties within the vicinity. The industrial buildings forming the Argyle Works, to the north are currently vacant. Site location Street view 3. Planning History 3.1. 14th May 2009 – 2009/01017/PA Change of use from general industrial (B2) to mixed use general industrial and warehouse/storage uses (B2/B8). Approved subject to conditions. 3.2. October 2009 – 2009/04846/PA Temporary change of use of vacant warehouse space to Opera Company. Withdrawn. 3.3. October 2012 – 2012/01167/PA Temporary change of use of vacant former manufacturing space to performance space for performances in March and August. Withdrawn. 3.4. 19th April 2013 – 2013/01628/PA Refurbishment of existing warehouse to include the overcladding of existing walls, replacement windows, alterations to roof and the realignment of the rear façade to remove delivery bays. Approved subject to conditions. 3.5. 18th October 2013 - 2013/06503/PA Extension, alterations and installation of plant to existing building, erection of boundary fence and associated landscaping. Approved subject to conditions. Argyle Works (to the north east) 3.6. 11.07.2013 - 2013/04281/PA Application for prior notification of proposed demolition to rear of the locally listed Argyle Works building. Prior approval not required. 3.7. 05.09.2013 - 2013/04795/PA – Approval - Change of use from general industry (Use Class B2) to flexible office/workspace (Use Class B1) with associated external alterations (including replacement windows, removal of roller shutters), landscaping and car parking. (Argyle Works building). Site to south east 3.8. 11th July 2013 – 2013/04285/PA Application for prior notification of proposed demolition. Prior approval not required. Page 2 of 7 3.9. 11th July 2013 – 2013/04290/PA Application for prior notification of proposed demolition. Prior approval not required. 3.10. 14th November 2013 – 2013/06999/PA Outline application for erection of a 2 storey building for use as a data centre (B8) and associated parking and boundary treatment (access only). Approved subject to conditions. 4. Consultation/PP Responses 4.1. Transportation Development – No objection subject including the reinstatement of any redundant dropped kerbs, commitment to travelwise scheme, visibility splays, car park lay out, cycle parking and construction management plan. 4.2. Regulatory Services – No objections subject to conditions to control noise levels and when emergency testing can be carried out. 4.3. West Midlands Fire Service – Awaiting comments. 4.4. West Midlands Police Service – Awaiting comments. 4.5. Local residents’ associations, neighbours, Ward Councillors, MP and District Director notified. A site and press notice was also displayed. No comments received. 5. Policy Context 5.1. Adopted UDP, draft Birmingham Development Plan, Places for All (2001), NPPF (2012), Enterprise Zone site. 6. Planning Considerations 6.1. The NPPF was issued 2012 to consolidate, and replace, previous planning policy guidance (primarily PPGs and PPSs). It emphasises the need for Local Planning Authorities to work proactively with developers to bring forward good quality sustainable development and that planning should not act as a impediment to growth. 6.2. The site is also part of the City’s Enterprise Zone which seeks to assist the delivery of employment uses at key points within the City Centre. Use and appearance 6.4 A data centre is a building used to house computing equipment such as servers along with associated components to enable the remote storage of large amounts of electronic data. Although not a necessarily an item traditionally associated with a B8 ‘storage’ use, case law has established that data centres do ‘store’ a commodity and, consequently fall within B8 of the Use Class Order (1987). Permission has been granted on an adjacent site for a new B8 data centre and I note that the predominant commercial nature of this area. I also note this site is within one of the City’s Enterprise zones. I therefore raise no objection to the provision of a B8 data centre in this location. 6.5 The external alterations proposed are a minor modification to those previously approved and are a result of design development and occupier requirement. I consider these alterations and the materials palette proposed are acceptable. Page 3 of 7 Transportation 6.5 It is noted that this application seeks permission to resurface a car park area on a temporary basis prior to the provision of a comprehensive car parking scheme under the adjoining reserved matters application and Transportation raise no objection to this or the sites use subject to conditions. Regulatory Services 6.6 Regulatory Services raise no objection to the proposed use or proposed physical alterations subject to conditions and I note an ‘update’ to the original noise report has been submitted. The conditions are necessary to safeguard the amenities of occupiers and residents in the vicinity and are consistent with the previous permission. I therefore recommend accordingly. Other 6.7 The landscaping shown is indicative only and serves to illustrate how this building could be developed and occupied appropriately until the adjoining Argyle Works is brought forward. Furthermore, the final details of the hard and soft landscaping would be controlled by condition and I therefore welcome the landscaping scheme which will improve the appearance of this side of the site. 6.8 The installation of a black 2.7m high weldmesh fence at the back of pavement is greater than would normally be encouraged. However, the fence is necessary to achieve the level of security required for such a facility, is the same as previously approved and would help secure a long term use on this site. Therefore subject to safeguarding conditions controlling the colour of the fencing and requiring the provision of a suitable landscaping scheme behind the fence, I consider, on balance, that the fence would not cause excessive harm to the visual amenity of the area. 7. Conclusion 7.1. Proposal would result in minor physical alterations and an appropriate use for the building within a wider mixed use area, in one of the City’s Enterprise Zones in accordance with policy. Proposal should therefore be approved. 8. Recommendation 8.1. Approve subject to conditions. 1 Requires the prior submission of hard and/or soft landscape details. 2 Requires materials in accordance with Design and Access Statement 3 Limits the overall noise levels of plant. 4 Requires the fence to be finished in accordance with the details in the Design and Access Statement 5 Requires the reinstatement of redundant footway crossings. 6 Requires the scheme to be in accordance with the listed approved plans 7 Limits the approval to 3 years (Full) Page 4 of 7 8 Temporary surfaced parking areas 9 Development to operate in accordance with Travel Plan Case Officer: Joanne Todd Page 5 of 7 Photo(s) Figure 1 Building to Great Barr Street Figure 2 To internal street 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 Page 7 of 7 .