34 Carver Street, Jewellery Quarter, Birmingham, B1 3AL

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1 Committee Date: 19/09/2013 Application Number: 2013/02379/PA Accepted: 03/05/2013 Application Type: Full Planning Target Date: 02/08/2013 Ward: Ladywood 34 Carver Street, Jewellery Quarter, Birmingham, B1 3AL Demolition of existing warehouse and erection of 24 apartments and one commercial unit at ground floor (B1a) with associated parking (Revised scheme to that approved under 2011/07054/PA) Applicant: Agent: Churchgate Investments Ltd 14 Alvechurch Highway, Lydiate Ash, Bromsgrove, B60 1PA PBC Architecture 173 Lower High Street, Stourbridge, West Midlands, DY8 1TG Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. The application proposes the demolition of the existing industrial building on the site and its redevelopment with a four storey building comprising of 24 apartments and a B1a office unit at ground floor with associated parking The residential accommodation would consist of 9 one bed and 15 two bed apartments with sizes between square metres for the one bed units and square metres for the two bed units. All would have an open plan kitchen/living area, a shower or bathroom with the larger two bed apartments also having an ensuite. The main bedroom sizes for the apartments all meet the guidelines set out in Places for Living. The B1a office unit would front Carver Street and have a floor area of 63 square metres The site would be laid out to provide a c shaped building with the commercial use, vehicle access and main entrance facing Carver Street. The remainder of the ground floor would be laid out to provide 22 car parking spaces and small areas of amenity space. The apartments would be located in three floors of accommodation above the commercial unit and car parking spaces. The building would have a modern 4 storey design with a pitched roof. It would be constructed in red brickwork with grey metal framed windows and a pitched reconstituted slate roof. The detailing includes a stone course above the ground floor accommodation, brick string courses and projections and deep window reveals The proposals represent a revised scheme for the site to that approved under reference 2011/07054/PA in June 2012 which gave permission for the erection of 24 one and two bed apartments and a ground floor commercial unit. The main changes proposed by this new application are a change to the internal floor layouts to increase the number of 2 bed units, the removal of the first floor deck above the car Page 1 of 11

2 parking and alterations to the design to simplify the elevations and delete the balconies and rendered panels previously approved Block Plan Ground and First Floor Plans Second and Third Floor Plans Street Scene 2. Site & Surroundings 2.1. The application site which covers 0.09ha lies on the south-western side of Carver Street within the Jewellery Quarter Conservation Area. It is currently occupied by an industrial warehouse building with associated offices. It is now vacant but was formerly used by Bakkavor (Birmingham) Ltd. The building which dates from the 1950 s is two storeys in height with a flat roofed, brick section fronting Carver Street. Ground and first floor windows are currently boarded up and there are three large metal roller shutter doors fronting the street. The site lies within a row of other industrial warehouse type buildings of similar heights and styles. To the rear of the site the land has been cleared following demolition of buildings previously fronting Pope Street 2.2. Historically the area was industrial however a number of sites within the vicinity are now vacant as the trend in this location appears to be moving to residential led, mixed use, redevelopment. Site Location Street View 3. Planning History /06/ /07054/PA Planning permission granted with a Section 106 Agreement for erection of 24 apartments and one retail/commercial A1/A2 unit and parking for 24 vehicles /03/ /07069/PA - Conservation area consent granted for demolition of the existing building /02378/PA Application for Conservation Area consent for demolition of the existing building reported elsewhere on this agenda. Opposite site Carver Street /07/ /01289/PA Resolution to grant planning permission subject to a Section 106 Agreement for erection of a new mixed use development of 61residential apartments, new four storey office of 1,583 sum with associated access and parking 3.5 1/07/ /01282/PA Resolution to grant conservation area consent for demolition of existing factory buildings following issuing of planning permission 2013/01289/PA Page 2 of 11

3 Rear of site - Land at Carver Street, Pope Street, Moreton Street, Camden Street & Icknield Street /06/ /02855/PA Planning permission granted subject to a Section 106 Agreement for demolition of existing buildings excluding part of The Kettleworks (C/02854/07/CAC) and mixed use redevelopment of former industrial premises consisting of 695 studio, 1 & 2 bedroom apartments, 8 live-work units, 2 hotels, 8689m2 offices (B1), 2274m2 retail (A1 or A2), 1145m2 cafe/restaurant (A3) and 981 parking spaces /06/ /02854/PA Conservation Area consent granted for demolition of existing buildings 4. Consultation/PP Responses 4.1 Transportation No objection subject to subject to previous conditions being applied. as those submitted on 2011/07054/PA including the need to safeguarding a vehicle route through to 28 Carver Street by a legal agreement 4.2 Local Services - No objections in principle. Note that the revised scheme would provide extra units resulting in an off-site contribution of 31,200. The previous Agreement secured a slightly lower off-site contribution to be spent on open space/public realm in the Jewellery Quarter and we would prefer a broader scope to include public open space in the Ladywood Ward as well as the Jewellery Quarter. 4.3 Regulatory Services No objections in principle but request further information as no assessment of noise levels has been provided which is required when specifying glazing and ventilation to mitigate noise, particularly at night in bedrooms. Is also concerned about possible noise from the loading bay to Jones and Palmers premises opposite the site. 4.4 Children, Young People and Families Comment that an education contribution may be required if the apartments are 2 beds. 4.5 Birmingham Civic Trust Express the following concerns:- The proposals are an overdevelopment of the site intensifying the already high density approval The scheme has a poorer elevational treatment compared to the previous approval The internal space standards are poor Consider a higher standard of design is required and that officers work with the applicants to achieve a better scheme for the site and Jewellery Quarter. 4.6 West Midlands Police Crime Prevention Advisor. - No objection in principle but requests applicants meet secure by Design Standards, CCTV is provided to cover entrances, car parking area and the cycle store, and that that suitable lighting is provided. Supports the automated gates proposed provided the timing is controlled to prevent tailgating Severn Trent Water No objection subject to a drainage condition being imposed. 4.8 Birmingham Wildlife Trust - Recommend that a survey and assessment is undertaken for Black Redstarts and Bats before demolition and development of the Page 3 of 11

4 site commences. Also comment that the development should include biodiversity enhancement measures. 4.8 MP, Local Councillor, residents and businesses notified of the application, press and site notices displayed. Two letters received one of which considers the development to be a sympathetic and reasonable application. The other letter received makes the following comments:- The Traffic Survey does not take into account other developments planned in the area Has concerns that if Carver Street remains one way traffic may try and turn right in the opposite direction to gain access to the ring way. Suggest consideration be given to making Carver Street a two way street which would also take pressure off the newly created Dayus Square and would avoid additional traffic along Albion St and Legge Lane. 5. Policy Context 5.1 Adopted Birmingham UDP (2005), Draft Birmingham Development Plan (2010), NPPF (2012) Big City Plan City (2010), Jewellery Quarter Conservation Area Design Guide (2005), Jewellery Quarter Conservation Area Character Appraisal and Management Plan (2002), Places for All SPG (2001), Places for Living SPG (2001). Car parking guidelines SPD, Public Open space in new residential development SPD (2007), Affordable Housing SPD, 6. Planning Considerations 6.1. The site is located within the Industrial Fringe sub section of the Jewellery Quarter in an area where planning permission has been granted on a number of sites for the redevelopment of former industrial buildings with mixed use residential led schemes. This site already has the benefit of planning permission for a development of 24 one and two bed apartments and a commercial unit, dating from June 2012, in a very similar form to that currently proposed. It is therefore considered that the application proposals are acceptable in principle. 6.2 The main changes proposed by this current application are to the layout and design of the building and these are therefore considered to be the main issues together with the impact on the Jewellery Quarter Conservation Area Also to be considered is whether adequate parking facilities would be provided and whether satisfactory provision can be made for public open space and affordable housing. 6.3 Layout 6.4 The current approved scheme for the site provides 12 one bed and 12 two bed apartments. This revised application originally re-planned the internal arrangement to provide 26 apartments including 2 studios. This change was not considered to be acceptable and also attracted objections from the Civic Trust on the grounds that it would result in an overdevelopment of the site and that internal space standards were poor. Following discussions with the applicants the application has now been amended to revert back to 24 units although the mix would now provide 9 one bed and 15 two bed apartments. This change is considered to be acceptable as the plans submitted show reasonable sized accommodation with main bedroom sizes meeting the guidance in Places for Living. 6.5 The main changes proposed to the layout compared to the current approved scheme are that the parking layout has been revised and the first floor deck has been Page 4 of 11

5 removed. When the application was originally submitted no amenity space for the development was proposed so that the parking could be increased to provide 26 spaces. Amended plans have since been submitted removing 4 of the parking spaces which would allow an area of amenity planting to be provided within the courtyard. This is considered to be a reasonable compromise and reflects the parking ratio and amenity space provision of other similar schemes in the Jewellery Quarter. The Crime Prevention Advisor requests that the development has a secure entry system which the applicants advise will be provided and conditions are recommend to require a suitable lighting scheme 6.6 Design 6.7 The design policies within the Jewellery Quarter Conservation Area Management Plan states that new development will normally only be granted where it respects the scale and density of the historic pattern of development and the scale and mass of traditional buildings in the locality. The building currently approved for the site is four storeys high throughout with a reconstituted slate roof set back behind a brick parapet. This revised application proposes the same arrangement and roof materials although it does include several roof lights in order to provide additional light into the third floor accommodation. The main changes to the design are that the balconies and brick headers above windows have been removed, the windows styles have been simplified to remove the floor to ceiling windows on the front elevation and it is no longer proposed to use rendered panels around the projecting bays or the stone cladding around the ground floor entrance. 6.8 When this revised application was originally submitted the design changes attracted objections form the Council s urban design officer, who felt the building lacked interest and detailing, as well as from the Civic Society. Following discussions with officer s amended plans have been submitted amending the window styles so they would be set back into reveals and be of a similar scale and proportions throughout. In addition wider projecting brickwork bays have been added to give greater variety to the front elevation, a stone banding course above the ground floor openings has been provided, glazing to commercial unit fronting Carver Street has been increased and the entrance gates have been relocated so they would lie to the back of the footway rather than being set back. The materials proposed have also been revised so the building would be of two different red brick types. 6.9 Overall it is considered that the amended plans show the building would have an appropriate appearance and that the design is sympathetic to the character and appearance of the Jewellery Quarter. Conditions are recommended to ensure there is control over the details Impact on the Conservation Area 6.11 Within Conservation Areas special attention is to be paid to the desirability of preserving or enhancing the character or appearance of that area. UDP policies for also require that development should respect the character of the existing architecture, in scale, grouping and materials. The Jewellery Quarter Character Appraisal and Management Plan requires new development to respect the scale, form and density of the historic pattern of development, to protect views and roofscapes with emphasis placed on the form, scale, massing and materials in a contemporary response to context The proposals would replace vacant industrial buildings with a new mixed use development similar to that previously approved on the site in terms of scale, Page 5 of 11

6 massing and materials. The development includes a commercial unit on the Carver Street frontage which is slightly larger than that previously approved to add vitality to the street and improve the existing situation where there are three solid roller shutter doors on the road frontage. It should be noted that if development proceeds on the site this would be the first to be redeveloped on this south side of Carver Street and that the industrial buildings adjoining the site are only two storeys in height, planning permission has however been granted for four storey developments opposite the site and at The Quarter which lies at the junction of Carver Street and Warstone Lane. Overall it is considered that the impact of the redevelopment will be positive and the character and appearance of the Conservation Area would be enhanced. The Council s conservation officer also raises no objections to the proposals Parking/ Highway matters 6.14 The amended plans received would provide 22 parking spaces for the development which equates to a ratio of 92%. A secure cycle store would also be provided. Although the approved scheme provided 100% parking the reduction in spaces allows some landscaping to be provided in the courtyard which will enhance its appearance whilst still providing an acceptable level of parking. The site is in a sustainable location and the ratio of parking is also similar to other residential schemes in the Jewellery Quarter Transportation officers raise no objections to the development noting there is already a consented scheme on the site. Although the amended plans results in 22 parking spaces for 24 apartments they comment that this is a minor reduction in overall car parking provision and acceptable given the accessible location of the development, and regulated on-street parking controls in the Jewellery Quarter. They are aware that comments have been received from a local resident relating to the potential of Carver Street becoming two way but advise that they could not support such a proposal due to the width of the road and current on-street parking provision Transportation officers have also commented that that access to 28 Carver Street should be safeguarded by a legal agreement. Although an application was submitted in 2006 which proposed that 28 and 34 Carver Street be developed together this permission lapsed in The applicants advise that the site layout would allow access to 28 Carver Street to be provided if required in the future but it is not considered reasonable to safeguard this through a Section 106 Agreement and this is not a requirement of the existing planning obligation relating to the site Other matters 6.18 The additional information on noise levels requested by Regulatory Services has now been provided and conditions are recommended to ensure the mitigation measures outlined are provided. Birmingham Wildlife Trust have requested that a survey and assessment is undertaken for both Black Redstarts, Bats and protected species before demolition and development of the site commences. This is better addressed in the associated application for demolition which is reported elsewhere on this agenda. Conditions are recommended that the development include biodiversity enhancement measures and the applicant has agreed to provide bat bricks within the new building Planning Obligations 6.20 With the current approval a Section 106 Agreement has been entered into which secures:- Page 6 of 11

7 A financial contribution of 28,000 (index linked) towards public open space/public realm within the Jewellery Quarter. The provision of three affordable dwellings comprising 2 x 2 bed and 1 x 1 bed apartments at 70% of open market value for either shared ownership or intermediate market rent In order to ensure that these obligations also relate to the current application a deed of variation will be required as recommended below. It is considered that the provision of the 2 affordable dwellings and contributions towards public open space/public realm improvements would comply with the UDP, supplementary planning guidance for the Jewellery Quarter and meet the tests set out in Circular 05/2005 and the 2010 CIL regulations. Although Local Services request 31,200 as an off site public open space contribution these comments related to the original proposals which included two extra units Children Young People and Families Directorate have also commented that they may require a financial contribution towards additional school places but this is not specific and has not previously been secured. It could not therefore be reasonably sought with this new application 7. Conclusion 7.1 The redevelopment of the site with apartments and a B1a office unit accords with both national and local policy and reflects the mixed use development that already has planning permission on the site. The revised scheme makes only minor alterations to the current approved internal layout, as well as alterations to the external design and ground floor layout to delete the first floor deck. These changes are considered to be appropriate for the site in terms of its layout, scale and design and would comply with the Council s design guidance for the Jewellery Quarter. It would not have an adverse impact on the Jewellery Quarter Conservation or neighbouring development and would bring a vacant site back into use helping to regenerate Carver Street and its surroundings. 8. Recommendation 8.1 The application 2013/02379/PA be deferred pending the completion of a suitable Deed of Variation to the existing Section 106 planning obligation to ensure the development provides:- a) A financial contribution of 28,000 (index linked) towards public open space/public realm within the Jewellery Quarter. or Ladywood ward b) Two 2 bed and one 1 bed apartments at 70% of open market value for either shared ownership or intermediate market rent c) Payment of a monitoring and administration fee associated with the legal agreement between 1,500 and 5, In the absence of a planning obligation being completed to the satisfaction of the Local Planning Authority by 31 October 2013, planning permission be refused for the following reason: The development does not include provision of affordable housing or public open space and would therefore be contrary to policies 3.53-B, 3.61, 5.20 B-E, 5.37 A- Page 7 of 11

8 G and of the adopted Unitary Development Plan 2005, Supplementary Planning Guidance Affordable Housing (2001) and Public Open space in new residential development (2007) and the National Planning Policy Framework (2012), 8.3 That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the planning obligation. 8.4 That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority by the 31 October 2013, favourable consideration be given to the application subject to the conditions listed below. 1 Requires the prior submission of a contamination remediation scheme 2 Requires the prior submission of a contaminated land verification report 3 Requires the prior submission of a drainage scheme 4 Requires the prior submission of a scheme for ecological enhancement measures 5 Requires the prior submission of hard and/or soft landscape details 6 Requires the prior submission of hard surfacing materials 7 Requires the prior submission of boundary treatment details 8 Requires the prior submission of a lighting scheme 9 Requires the prior submission of sample materials 10 Requires the prior submission of door and window details 11 Requires the prior submission of the office front design details 12 Requires the prior submission of entrance gate details 13 Requires the parking area to be laid out prior to use 14 Parking for residents only 15 Requires the scheme to be in accordance with the submitted Noise Impact Assessment 16 Requires the scheme to be in accordance with the listed approved plans 17 Limits the approval to 3 years (Full) Reason for Approval 1 Birmingham City Council grants Planning Permission subject to the condition(s) listed below (if appropriate). The reason for granting permission is because the development is in accordance with: Policies of the Birmingham Unitary Development Plan 2005; Places for Page 8 of 11

9 Living (2001), which has been adopted as Supplementary Planning Guidance; and the National Planning Policy Framework. Case Officer: Lesley Sheldrake Page 9 of 11

10 Photo(s) Figure 1 View of building frontage Figure 2 - View of Carver Street Page 10 of 11

11 Location Plan 125.6m 95 Lion Court 100 PH Warehouse LB Sta El Sub The Quarter Garage 120 Mill and Foundry MORETON STREET CARVER STREET Warehouse to POPE STREET m 1 to to 64 Sapphire Heights 77 The Boxworks Wexler Lofts m 200 POPE STREET Factory Warehouse to El Sub Sta 137.2m 120 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 , 2010 Page 11 of 11

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