Land at Upper Dean Street/Pershore Street (including Upper Dean Street), City Centre, Birmingham

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1 Committee Date: 19/03/2015 Application Number: 2014/09503/PA Accepted: 22/12/2014 Application Type: Full Planning Target Date: 23/03/2015 Ward: Nechells Land at Upper Dean Street/Pershore Street (including Upper Dean Street), City Centre, Birmingham Redevelopment of the site, including retention and conversion of Upper Dean Street and the demolition of all other buildings, to provide a 323 student bed accommodation (Sui Generis) led mixed-use development with ancillary communal facilities and retail (flexible within Use Classes A1-A5) within a building of between 2 and 10-storeys plus associated landscape and parking Applicant: Agent: Benacre Properties Company c/o Agent Savills Innovation Court, 121 Edmund Street, Birmingham, B3 2HJ Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. Proposal is for the retention and reuse of the listed building façade, the demolition of all other buildings and redevelopment of the site with an L shaped building of between 5 and 10 storey building. A double storey wing would also be erected internally to the site. The resultant building would provide 323 student selfcontained studio bedrooms, associated communal and ancillary facilities, approx. 790sq m of commercial space, parking and landscaping. 1.2 The building would, essentially, be an L shaped building to Upper Dean Street and Pershore Street with a double storey wing internal to the site. A five storey building would sit behind the listed building on Upper Dean Street which would then step up and away to 9/10 storeys at the corner of Upper Dean Street and Pershore Street. The main Pershore Street frontage would be predominantly 10 storeys, stepping down to 9 over the vehicular entrance adjacent to the former Silverblades Ice Rink. 1.3 The building would be of a modern contemporary design with regularised but staggered window openings of varying sizes. The materials proposed include red brick, which would be used as a framing element around large reveals and openings which would feature grey metal cladding and timber framed windows. The commercial units would be fully glazed over ground/mezzanine storey heights to maximise the active frontage to the streetscape. The main student entrance would be on the corner of Upper Dean Street and Pershore Street. Page 1 of 11

2 1.3 The listed building s façade (42-45 Upper Dean Street) would be retained with new windows, doors, floors and shopfronts installed and the brickwork cleaned and restored. A shallow pitched roof would also be added. The ground floor would accommodate one commercial unit, the first floor a void above the retail space and student accommodation on the second floor. 1.4 Student accommodation each studio would be self-contained and comprise of a bathroom, kitchen, living space, bed space and desk and would be 19 sqm. A student café would be provided at first floor above the main entrance and a common room/social space would be provided on each floor as an additional breakout area commercial units would be located at ground floor along both frontage elevations with a flexible A1-A5 use being sought. 1.6 A landscaped courtyard would be provided to the rear and would include 30 (double stacked) covered bicycle stands car parking spaces, including 1 disabled, would be provided to the rear of the building, accessed off Pershore Street. This would also be managed as a drop-off area for student change-overs at the start and end of term. 1.8 The application has been supported by a Design and Access Statement, Planning Statement, Heritage Statement, Structural Survey, Statement of Student Need, Noise Assessment, Ground Condition Report, Transport Statement and Framework Travel Plan. Proposed Pershore Street Proposed Upper Dean Street Proposed ground Proposed mezzanine Proposed first floor 2. Site & Surroundings 2.1 The application site covers 0.32 ha and is broadly rectangular in shape, bound by Pershore Street to the west, Upper Dean Street to the north, the Travelodge to the east and the former Silverblades Ice Rink to the south. It is situated in a mixed use area on the south eastern side of the city centre close to the Bullring markets, the wholesale markets and the Arcadian Centre. There are a wide range of uses in the vicinity including residential, car parking, retail and commercial with the majority of the actual planning application site currently in use as a surface level car park. However there is also a small hot food takeaway, a commercial catering business and an unlawful shisha café on site. 2.2 The listed building is currently vacant. Works have previously been undertaken, in accordance with 2009/01239/PA and its conditions, resulting in only the façade of the original building remaining. Site location Page 2 of 11

3 Street view 3. Planning History th September /07279/PA Development of the site for the purpose of a mixed use development comprising hotel offices, residential apartments and commercial space (B1, A1-A5) Withdrawn th September /07280/PA Alterations to listed building (42-45 Upper Dean Street) to provide ground floor commercial space with offices on the floors above, including two new storeys to the frontage building and one to the rear wings as part of a wider mixed use development Withdrawn th June /01238/PA Development of site for purpose of mixed use scheme comprising 2 hotels, offices and commercial floorspace (B1, A1-A5) Approved subject to S106 and conditions th June /01239/PA Listed building consent application for internal and external alterations, phased rebuilding of rear wings, additional storeys to frontage of building and rear wings in association with development of the site for mixed use development scheme comprising 2 hotels, offices and commercial floorspace Approved subject to conditions th April /03973/PA Discharge of conditions in connection with 2009/01239/PA. Approved th May /00969/PA Non material minor amendment to application 2009/01238/PA to reduce the building height by 1.2m Approved /09530/PA Listed building consent for the retention and conversion of Upper Dean Street in connection with the redevelopment of the wider site as detailed in 2014/09503/PA elsewhere on this agenda. Adjacent Silverblades site th February /06908/PA Redevelopment to provide for leisure (D2), ancillary retail and commercial (A1-A4 & B1) and residential (C3) floorspace, including parking provisions and means of access Approved subject to S106 and conditions th January /05998/PA Application to extend the time to implement extant planning application 2007/06908/PA for redevelopment to provide for leisure (D2), ancillary retail and commercial (A1-A4 & B1) and residential (C3) floorspace, including parking provisions and means of access Approved subject to S106 and conditions /09600/PA Demolition of existing building and erection of 11 storey building for 336 residential units, ground floor retail unit (A1-A5) and associated facilities. Currently being considered th February /00522/PA Prior approval for the demolition of former ice rink and leisure facility building Prior approval required and approved. 4. Consultation/PP Responses Page 3 of 11

4 4.1 Local residents association, neighbours, Ward Councillors, District Director and MP were notified. A site and press notice were also displayed. No comments received. 4.2 Conservation Heritage Panel proposal would result in a development significantly better than the previous approval on site, although details with regard treatment to the façade should be provided as should a roof. 4.3 Centro A large scale development which is likely to have implications for public transport services, appropriate financial contributions should therefore be sought. 4.4 Education No objection. 4.4 Public Health If site is within 400m of a school and the school objects, then an objection is made in relation to the A5 element of the scheme. 4.5 Regulatory Services No objection in principle, however concerned with regard the relationship between student areas and commercial units with respect to servicing and future uses customers i.e. smokers associated with bars/restaurants. 4.6 Severn Trent No objection subject to drainage condition. 4.7 Transportation Development Amended scheme addresses the concerns initially raised. 4.8 West Midlands Fire No objection subject to firefighting risers in staircases. 4.9 West Midlands Police No objection subject to various crime prevention measures. 5. Policy Context 5.1. Birmingham UDP 2005; submitted Birmingham Development Plan 2031; Places for All SPG; Car Parking Guidelines 2012 SPD; Specific Needs Residential Guidance 1992 SPG; Regeneration through Conservation Birmingham Conservation Strategy SPG; Grade II Listed Building, Archaeology Strategy, NPPF and NPPG 6. Planning Considerations Principle 6.1 There are no site specific policies within the UDP, nor does it have policies specifically with regard student accommodation. However it does include policies that seek to ensure that education establishments within the city thrive and expand. 6.2 The public examination into the Birmingham Development Plan 2031 has recently taken place and the Inspectors report is expected later this year. Although not adopted, weight should be given to the policies within the Draft BDP, and Policy TP32 refers specifically to student housing. It states that proposals for off campus provision will be considered favourably where: there is a demonstrated need; that it is well located to educational establishments; that it does not result in an unacceptable impact on residential amenity; it would be of a good quality design and would provide a positive living experience. 6.3 Local and national policies also encourage a mix of uses, within central locations and on previously developed land to ensure the creation of well designed, viable and sustainable developments/communities. Page 4 of 11

5 6.4 A statement of student need has been submitted in support of the application which demonstrates that over 50% of Birmingham s students could not, currently, be accommodated within purpose built student accommodation. I accept this report and consider the need for purpose built student accommodation has been demonstrated. The site is also well located in walking distance to good public transport links, education establishments and city centre facilities. I therefore consider that the proposed development is consistent with the City s land use planning policies and raise no objection in principle. Impact on listed building 6.5 Local and national planning policies require Local Planning Authorities to conserve heritage assets in a manner appropriate to their significance and enhance any features of special architectural or historic interest it possess as appropriate Upper Dean Street is situated to the north of the site. A Heritage Statement and Structural Assessment have been submitted in support, which conclude that only the façade of the original listed 3 storey building remains. I accept the reports and note that the building is currently in a poor state of repair with limited value. 6.6 The current scheme would restore the existing façade, include a new roof and allow the listed building to be read as an element on its own, with the new build element rising to 5 storeys behind the original depth of the listed building. The fenestration within the building behind would reflect the listed building below and a staggered step up to the 10 storey development at the corner of Upper Dean Street and Pershore Street would improve the setting of the listed building. Conservation Heritage Panel consider the proposal would result in a development significantly better than the previously approved scheme on this site. I therefore consider that the proposal would preserve and enhance the listed building, its setting as a heritage asset and be an improvement on the previous scheme, in accordance with policy. Design and Scale 6.7 National and local policy promotes good urban design that responds to local context and emphasises that new development should take the opportunities to enhance character and quality of the area. 6.8 The application site is currently subject to an extant permission for commercial units and hotel buildings of between 7 and 10 floors, including a 3 storey extension on top of the listed building. 6.9 The current scheme has been amended and would result in perimeter development which responds to the back of footpath development characteristic of the area. The proposal also contains retail/commercial elements to Upper Dean Street and Pershore Street and would therefore provide an active, and significantly improved street frontage. Further the design and scale responds to, and respects the listed building on Upper Dean Street by stepping away and up to 10 storeys on the corner of Pershore Street, thereby reflecting the scale of surrounding development and future development proposals immediately to the south. I also note it would be of the same scale as the previous consent The detailed design utilises traditional materials in a contemporary manor to frame large openings with good reveal and set backs. This combined with rhythmic but staggered openings and double height glazing for the commercial elements ensures that the frontage is broken up, interesting and not overly dominant. A green/brown Page 5 of 11

6 roof is also proposed to the lower roof to the rear of the building, which is welcomed. 6.9 There are no policies that specifically relate to self-contained student studio s. However internal layout plans have been submitted and 19 sq m per studio is in line with other student developments. I also note there would be a student coffee shop, common rooms and social space across the floors providing an additional 600 sq m of social/break out space. A communal courtyard area to the rear of the building would also be provided. I therefore consider the proposed accommodation would be satisfactory for future occupiers I therefore consider the scale, mass and design of the proposal is acceptable. Further I welcome the sites redevelopment which would improve the setting of the listed building and the appearance of this part of the city and result in significant regeneration benefits. Air Quality 6.11 The whole of Birmingham falls within an air quality management zone where the introduction of new residential accommodation needs to be carefully considered. Regulatory Service recommends that an air quality report, containing a minimum of 3 months of data, should therefore be submitted in support. However, due to the retail/commercial provision at ground floor student accommodation is proposed from second floor and above only, to the main frontage elevations. I am therefore satisfied that should any of the student accommodation fall within areas of unacceptable air quality then an appropriate solution could be achieved which would not adversely affect the design or appearance of the scheme or adversely affect the amenities of future occupiers. I therefore concur with Regulatory Services who require a condition to secure a full air quality assessment prior to commencement of development and mitigation as appropriate. Transportation 6.12 The application proposals include the provision of 8 car parking spaces on the site accessed to the south west of the site, off Pershore Street and this would be used, primarily, as a pick-up/drop-off area at the start and end of term. 30 bike spaces, double stacked, would also be provided within a covered shelter within the courtyard area. The plans have been amended to include a dedicated service corridor behind the retail units to facilitate servicing from the loading bay on Upper Dean Street The site is extremely sustainable, being located within the city centre in close proximity to bus, train and metro link and within walking distance of a wide range of services including educational establishments. I therefore concur with Transportation Development who raise no objection to the proposal subject to conditions. Other 6.14 This scheme is likely to result in an increased demand on public transport networks and a financial contribution towards public transport improvements would normally be justified. However, a financial contribution of 45,864 was received in relation to the previous part implemented consent, 2009/01238/PA. Further, the applicant has agreed to make a financial contribution of 20,000 towards public realm improvements/environmental improvements along Pershore Street. Therefore given the proposal would not result in a significantly greater development than the extant permission and the retention and refurbishment of the listed building within the Page 6 of 11

7 scheme I consider the additional public realm contribution acceptable. This contribution would therefore accord with the CIL Regulations whereby contributions need to be necessary to make the development acceptable in planning terms, directly related to the development and reasonably related in scale and king to the development An archaeological desk based assessment was carried out and included the consideration of the works undertaken in connection with the hotel development immediately adjacent the site in The report concluded that the potential for Post-Medieval archaeology on the site is high. Therefore, as for the previous scheme, I recommend conditions to secure archaeological excavation, analysis and publication of results in order to safeguard the historic environment West Midlands Police have raised several issues regarding the security of future occupiers of the student accommodation. I consider these matters can be satisfactorily addressed by condition Severn Trent raise no objection subject to appropriate drainage conditions which I attach accordingly. 7. Conclusion 7.1. The proposed development would involve the refurbishment, renovation of a listed building currently in a poor condition and the redevelopment of a currently uninviting prominent city centre site. The proposal would be well designed and introduce uses in accordance with policy. The proposal should therefore be approved. 8. Recommendation 8.1. That consideration of application 2014/09503/PA be deferred pending the completion of a section 106 planning obligation to secure the following: a) A financial contribution of 20,000 (index linked) towards public realm and environmental enhancements/improvements on Pershore Street. b) A financial contribution of 1,500 for administration and monitoring to be paid upon completion of the legal agreement. 9.2 In the absence of the planning obligation being completed to the satisfaction of the Local Planning Authority by the 20 th March 2015, planning permission be refused for the following reason: i) In the absence of a legal agreement to secure financial contributions towards public realm and environmental enhancements along Pershore Street the proposal conflicts within Policies of the Birmingham Unitary Development Plan. 8.3 That the Director of Legal and Democratic Services be authorised to prepare, complete and seal the appropriate planning obligation via a unilateral undertaking or an agreement under section 106 of the Town and Country Planning Act. 8.4 That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority by the 20 th March 2015, favourable consideration be given to this application, subject to the conditions listed below. Page 7 of 11

8 1 Prevents occupation until the turning and parking area has been constructed 2 Requires the prior approval of the siting/design of the access 3 Requires the prior submission of a parking management strategy 4 Requires the provision of cycle parking prior to occupation 5 Requires pedestrian visibility splays to be provided 6 Requires the prior submission of details of a delivery vehicle management scheme 7 Requires the prior submission and completion of works for the S278/TRO Agreement 8 Requires the prior submission of a contamination remediation scheme 9 Requires the prior submission of a sustainable drainage scheme 10 Requires the prior submission of hard and/or soft landscape details 11 Requires the prior submission of details of green/brown roofs 12 Requires the prior submission of sample materials 13 No obstruction, displays or signage fitted to the shop front 14 Requires air quality details 15 Limits the occupation of the development to students in full time education 16 Requires submission of travel plan including term drop-off/pick-up 17 Requires the scheme to be in accordance with the listed approved plans 18 Limits the approval to 3 years (Full) 19 Limits the entertainment noise level from attached entertainment premises 20 Requires the prior submission of noise insulation (variable) 21 Requires the prior submission of extraction and odour control details 22 Limits the hours of operation 23 Requires the prior submission a noise study to establish residential acoustic protection 24 Limits the noise levels for Plant and Machinery 25 Requires any external lighting to be agreed. 26 Requires implementation of the Student Management Plan. 27 Requires the prior submission of a programme of archaeological work Page 8 of 11

9 Case Officer: Joanne Todd Page 9 of 11

10 Photo(s) Figure 1: Looking across site from Ladywell Walk Figure 2: View from Upper Dean Street Page 10 of 11

11 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 , 2010 Page 11 of 11