Birmingham City Council Planning Committee 21 June 2018 I submit for your consideration the attached reports for the City Centre team. Recommendation Report No. Application No / Location / Proposal Defer – Informal Approval 9 2017/09461/PA Land at Pershore Street and Skinner Lane City Centre Birmingham B5 Erection of 6-14 storey building comprising 379 residential apartments (Use Class C3), ground floor commercial units (use Classses A1-A5 and B1a), associated car parking and amenity space. Page 1 of 1 Corporate Director, Economy Committee Date: 21/06/2018 Application Number: 2017/09461/PA Accepted: 14/11/2017 Application Type: Full Planning Target Date: 31/07/2018 Ward: Bordesley & Highgate Land at Pershore Street and Skinner Lane, City Centre, Birmingham, B5 Erection of 6-14 storey building comprising 379 residential apartments (Use Class C3), ground floor commercial units (use Classes A1-A5 and B1a), associated car parking and amenity space. Applicant: Pershore Street Limited 3rd Floor, Sterling House, Langston Road, Loughton, IG10 3TS Agent: GVA 3 Brindleyplace, Birmingham, B1 2JB Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. Proposal is for the erection of two buildings containing 379 apartments, 9 commercial units, car parking, landscaping, access and ancillary works. 1.2. The accommodation would be provided within 2 ‘L’ shaped blocks positioned to the back of pavement to Hurst Street, Skinner Lane, Claybrook Street and Pershore Street to create an enclosed perimeter block. The two buildings would be separated by two pocket gardens to Claybrook Street and Skinner Lane and have a landscaped internal courtyard area. The buildings would range in height from 6-14 storeys. 1.3. The buildings would be of a modern, flat roofed, simple framed design with floor to ceiling openings and projecting and recessed balconies and winter gardens articulated in a standard rhythmical pattern. The buildings would be constructed primarily in dark stock bricks in three different bonds – rusticated stretcher bond at ground floor and stretcher bond on the upper floors interspersed with bands of vertical stretcher bond all with light grey pointing. In addition acid etched precast concrete wall panels and colonnades, precast concrete spandrel panels, cills and balconies and powder coated metal framed windows and balustrades would be used. The specific details would be secured via condition. 1.4. There would be 13 studios (3%), 207 one bed apartments (55%), 151 two bed apartments (40%) and 8 three bed apartments (2%). Of the one bed apartments 154 (74%) would be 1 bed 1 person and 53 (26%) would be 1 bed 2 person. Of the two bed apartments 13 (9%) would be 2 bed 3 person and 138 (91%) would be 2 bed 4 person. The studios would comprise of an open plan living/dining/kitchen/sleeping area and a bathroom. The other units would comprise an open plan living/dining/kitchen area, 1 or 2 bathrooms and 1, 2 or 3 bedrooms. The units would be single aspect looking out to the adjoining streets or onto the Page 1 of 14 internal courtyard area. The units would range in size from 38 sqm to 96 sqm and would comply with national space standards. In addition, 122 of the apartments (32%) would have private terrace, balcony or winter garden ranging in size from 7 sqm – 20 sqm. 1.5. 95 parking spaces (25%), 10 accessible, would be provided within a lower ground courtyard area accessed off Skinner Lane with an egress out onto Pershore Street. 358 (94.5%) secure, covered cycle spaces would be provided within 4 separate ground/lower ground floor localities. 1.6. A landscaped amenity area within the internal deck area would be provided. It would provide approx. 1000sqm of communal space. Green roofs would also be provided where appropriate 1.7. 9 commercial units (A1-A5 and B1a) would be provided fronting onto Hurst Street, Skinner Lane and Pershore Street. The units would range in sizes from 36 sqm to 194 sqm. 1.8. A financial contribution of £939,920 would be secured via a S106 Agreement. 1.9. A Design and Access Statement, Planning Statement, Phase 1 Environmental Assessment, Noise Impact Assessment, Lighting Scheme Feasibility Report, Sunlight/Daylight Assessment, Landscaping Strategy, Residential Market Mix Report, Financial Viability Assessment and Sustainable Urban Drainage Assessment have been submitted in support of the application. 1.10. A request for an EIA Screening Opinion was considered during the pre-app process and an ES was not considered to be required. 1.11. Link to Documents 2. Site & Surroundings 2.1. The application site is approx. 0.64 hectares and is located to the south east side of the city centre core. It is bounded by Pershore Street to the east, Skinner Lane to the south, Hurst Street to the west and Claybrook Street to the north. 2.2. The surrounding area contains a wide range of uses including entertainment, commercial and residential, with the nearest residential accommodation immediately to the north within the Latitude building. Nearby evening entertainment uses include The Village Inn immediately to the south and the Nightingale Club, approx. 55m west along Kent Street. 2.3. The site is currently used as a surface level car park and approx 20m from the former Wholesale Market which forms part of the wider Smithfield Development site. 3. Planning History 3.1. 1st August 2011 - 2011/02891/PA Retention of temporary car park – approved temporarily. 4. Consultation/PP Responses 4.1. Education – Contribution of £856,584.51 is required. Page 2 of 14 4.2. Leisure Services – In accordance with the BDP a financial contribution of £709,800 is required which should be spent on the provision, improvement and/or biodiversity enhancement of public open space and the maintenance of Highgate Park. 4.3. Lead Local Flood Authority – additional information acceptable. 4.4. Regulatory Services – Overall the revised noise assessment is correct – acceptable internal noise levels can be achieved in the future if residents keep their windows closed. However, EPU guidance recommends that sites where residents would have to keep windows closed to mitigate noise from a commercial, industrial or entertainment premises are not suitable for residential use and refusal is recommended. However, there are examples across the City where this approach has not been accepted and conditions are therefore recommended with regard to air quality, noise mitigation, and land contamination should the proposal be considered acceptable. 4.5. Severn Trent – no objection subject to a drainage condition. 4.6. Transportation Development – no objections to the amended/additional information subject to conditions. 4.7. West Midlands Police – no objections raised but various comments made on how the development should achieve Secure by Design (residential and commercial) and the need for lighting, CCTV, secure boundaries to the communal amenity space and a management plan (bins/post). 4.8. Local residents’ associations, neighbours and Ward Cllrs have been notified. A site and press notice has also been displayed. 14 letters of objection have been received, including 1 from Cllr Moore. The objections raised can be summarised as follows: • Proposal is unnecessary and would result in the overdevelopment of the site • Inadequate existing infrastructure • Loss of car parking increasing already existing significant traffic management issues • Development would obstruct view and significantly block light to existing residential apartments • Proposed tower is too big – development should be an even height. • Proposal would dwarf and de value existing developments • Proposal would result in overlooking • Skinner Lane is not suitable for commercial deliveries and new commercial uses would compete with existing • Proposal would result in adverse construction noise, dust and disturbance • Proposal would adversely impact on the distinct social, cultural and historic profile of this side of the City • Proposal would introduce noise sensitive receptors into an existing noisy environment • Proposal would introduce additional noise generators into an existing noisy area • Proposal would adversely impact on existing businesses contrary to the NPPF and NPPG - the venues have serious concerns that should this development be allowed to proceed, the residents in it would be subject to considerable nuisance from general noise from the night time economy including patrons passing to attend the venues and taxis dispersing people Page 3 of 14 from the venues. Should this nuisance cause complaints to be raised to BCC environmental team, they may impose punitive measures on venues, which potentially result in failure of the businesses, which provide a destination for the LGBT community and the general public alike. • Inadequate noise assessment • Sunlight/daylight report is irrational • City should use planning and licensing powers to protect and preserve late night entertainment venues. • No need for development - City should require the site to become a public park. 4.9 An additional period of consultation was undertaken following the receipt of a revised noise assessment. 9 further letters of objection were received, including 1 from Cllr Moore, reiterating a number of the previous comments and raising the following additional concerns; • The replacement noise report still fails to adequately consider a number of noise sources including the external terrace at Nightingales, Sidewalk and queuing for the Village Inn, it relies on out of date data, does not consider Thursday