Land at Florence Street, Windmill Street and Bow Street, Holloway Head, City Centre, Birmingham, B1 1NS

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1 Committee Date: 25/06/2015 Application Number: 2014/09582/PA Accepted: 13/02/2015 Application Type: Full Planning Target Date: 15/05/2015 Ward: Ladywood Land at Florence Street, Windmill Street and Bow Street, Holloway Head, City Centre, Birmingham, B1 1NS Proposed residential development of 304, 1 & 2 bed apartments, car parking and landscaping works, including road closure Applicant: Agent: Pathfinder Recovery 1 Ltd 133 Hammersmith Road, London, W14 0QL IDP Group 27 Spon Street, Coventry, West Midlands, CV1 3BA Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. This application is for redevelopment of a vacant brownfield site with a residential development including car parking and landscape works. The scheme is similar to a previous planning consent for 271 apartments granted permission in The current proposal builds upon this existing consent but with an updated appearance by approaching the fenestration, massing and detail with a more current palette of materials. The plan form in principle is almost exactly in line with the consented proposals but key elements of the building are taller In total 304 apartments are proposed, comprising 91 one bedroom apartments and 213 two bedroom apartments (including 146 two bedroom 2 bathroom apartments). The one bedroom units range in size from 39sqm to 74sqm, whilst the two bedroom units would be between 54sqm and 94sqm. All bedrooms comply with minimum guidelines. Layout, Scale and Massing 1.3. The application site is roughly triangular with its primary frontage facing northwest towards Windmill Street. To address the shape of the site the footprint of the building is set around a central landscape square open to Windmill Street. The return blocks either side are then sited to back of pavement to address the corners of Windmill Street with Florence Street to the west and Windmill Street with Bow Street to the east The building is divided into three blocks:- Block C - to the east of the site is L shaped and measures 55m by 34m (maximum) with the building between 12m and 17m deep. It would be six Page 1 of 13

2 storeys at the corner of Windmill Street and Bow Street, then step up to seven storeys along Windmill Street and the return to the central square; Block G centrally located is rectangular and measures a maximum of 78m long and between 11m to 17m deep. This block would be six storeys high; and, Block F - to the west of the site is C shaped and measures 57m by 26m (maximum) and would be between 15m and 17m deep. It would be six storeys along Florence Street and then step up to eight storeys along Windmill Street and the return to the central square The building is broken down into a series of masses that have been expressed with a limited simple palette of materials. Between the main masses (in the inverted corners) are visually light weight linking elements. Larger masses have been proposed to the south west and north east extents of the central square. Massing throughout the balance of the proposal is smaller and subservient. External Appearance 1.6. It is proposed that the taller masses framing the central square are expressed with more organised vertical emphasised window openings and balconies organised vertically with a clear rectilinear geometry. The more subservient building forming the main face at the rear of the central square is proposed to be given a more horizontal emphasis Grey Brickwork would be used along all elevations at ground/pavement level to create a base for the development. Above this would be a mix of block forms consisting of blue brick cladding panels and white rendered walls. The treatment to the elevations is further accentuated by the incorporation of walk-on balconies, providing the elevations with depth and shading, giving relief to the elevations. Windows friezes are used to further accent the focal points of the development and to also define ground level access to the apartment blocks. In particular, the chamfered elements of the central courtyard block are highly glazed to create a break in the massing. The window frames would be grey UPVC. Access and Parking 1.8. Vehicular access to the basement would be off Windmill Street about 24 metres from its junction with Florence Street. An access through the building would lead to a rear parking area for 23 cars. A ramp down then leads to a basement parking area with 161 car parking spaces. Vehicles would then exit the basement further down Windmill Street near its junction with Bow Street. Also within the ground floor and basement are five cycle stores providing space for 310 cycles A new vehicular access would also be created from Windmill Street, between Ernest Street and Exeter Street. This access would lead through to the rear of the site where the refuse stores are located. Refuse vehicles would access the development either via this access or from Windmill Street to the west of the car park access. Additionally, the layout plan shows drop off vehicular parking bays provided to the west and east of the basement level parking entrance. Landscaping To create amenity space above the basement car parking, podium decks would be created. This comprises the central square (880 sqm) to the front of the Page 2 of 13

3 development to act as a focal point for the development. Originally, this area included car parking but amended plans have been submitted to landscape it. In addition to the rear of the building further landscaped areas would be provided. Overall 2736 sqm of amenity space would be provided, equivalent to 9 sqm per apartment. In addition 200 apartments would have a walk-on balcony, whilst twelve ground floor apartments would have a private terrace. Roof terraces are also proposed to either end of the central Block G The scheme also includes a brown roof above the Block G and green roofs above parts of Blocks C and F. Supporting Information and Affordable Housing The application is supported by the following documents:- Design and Access Statement; Soil Investigation Report; Noise Survey; and, Transport Statement and Residential Travel Plan A viability report has also been prepared to demonstrate the level of affordable housing that the scheme can sustain. This report concludes that the scheme can deliver 8 affordable rent units located on the lower two floors of Block C to be transferred to a registered provider or City Council at nil cost Link to Documents 2. Site & Surroundings 2.1. The application site ( hectares) is situated to the south of Holloway Head (leading into Bath Row B4127) and is bounded by Florence Street, Windmill Street and Bow Street The whole of the site is currently disused and partially overgrown, it is fenced with hoarding and has a gated entrance off Windmill Street. The site incorporates a road known as Exeter Passage, which is surrounded by what is believed to be footings, concrete bases and cellars of former industrial buildings. Levels fall across the site from east to west by about 3-4m The site is approached from the north past car repair workshops along Florence Street, and workshops/storage units along Sutton Street and Exeter Street. There is also a busy car wash opposite the site entrance in Windmill Street. To the east on Exeter Street, Windmill Street and Bow Street, uses include a newsagents, bar, the Bethel Presbyterian Church of Wales, the Clydesdale Tower block of flats, a multistorey car park, a nightclub building, offices and vacant land which is currently being used for car parking. To the south east of the application site is City Walks Apartments, a 5 storey L shape apartment block on the corner of Irving Street and Bow Street. Adjacent to the south fronting Irving Street is the Ibis Hotel The immediate area has a mix of uses. Along Holloway Head road itself there a number of 1960s office buildings, a petrol filling station, catering showroom, hotel a Kwik-Fit tyre replacement garage, The sunset Club (nightclub) and restruarant. Location Plan Page 3 of 13

4 Street View 3. Planning History June Application 2002/01636/PA. Planning consent granted for demolition of existing buildings and erection of residential apartments, student accommodation and commercial space (Use Classes A1/A2/A3/B1A) with associated access road, parking and landscaping. This consent was subject to a Section 106 legal agreement to secure affordable housing and a new public square October Application 2006/04800/PA. Section 73 application approved to vary the pre-conditions (to allow for phasing of the development) attached to the above planning consent. 4. Consultation/PP Responses 4.1. Adjoining occupiers, residents associations, local ward Councillors and M.P notified. Site and press notices displayed. In response the following comments have been received:- one letter of objection from a nearby business commenting that the proposal would have a detrimental effect on daylight to their premises, which could mean that they have to relocate. It also removes fire exits to the rear of their building; two letters of objection from nearby residents commenting that the building would block out light and overlook their apartment. Also the proposed development would lead to additional traffic resulting in more noise and air pollution; three letters of support from local residents commenting that although some houses should be included, overall this is a good proposal that would bring much needed housing to this part of Birmingham. Also the site is currently an eyesore and the development would be an improvement; Birmingham Samaritans welcome the development but the boundary with their property is in a poor state and should be repaired; and, Ibis Birmingham Centre generally support the proposals but queries the boundary wall between the hotel and development site. Also there should be no building works at night time as this might cause a nuisance to guests 4.2. BCC Transportation Development no objections subject to the following:- a Section 247 resolution under the Town and Country Planning Act is required for stopping up the footway and carriageway (public highway) that currently exists within a hoarded off part of the site that would have been part of Ernest Street and Exeter Street; a Section 278 and TRO condition for highway works to be carried out prior to the site being occupied. These works will include new access points being provided and any associated remedial works to footways, such as removing redundant footway crossings, street lighting and Traffic Regulation Orders for parking and one-way directional measures; a condition for car parking to be provided prior to the site being occupied; Page 4 of 13

5 suitable entry and exit signs are provided to govern the one-way route through the car park; and, as balconies overhang the public footpath a licence will be required BCC Regulatory Services no objections subject to conditions to remediate the site, secure appropriate glazing and for electric charging point for electric vehicles within the basement car park BCC Education based on the number of apartments a contribution of 1.124m towards education facilities in the vicinity of the development should be sought BCC Leisure Services - this development generates a requirement for an off-site Public Open Space contribution of 413,600 which would be spent on the provision, improvement and /or maintenance of Edgbaston Reservoir and/or other priorities within the Ladywood Ward. There is no requirement for a contribution for play because the scheme comprises non-family accommodation and is located in the city centre Severn Trent Water - no objections subject to a condition to secure drainage plans for the disposal of foul and surface water flows. In addition, there are public sewers located just within the application site that may not be built close to, directly over or be diverted without consent West Midlands Police the parking provision appears reasonable. The locations of the cycle storage areas appears well positioned with the entrances subject of some natural surveillance. Both entrances to the basement parking areas are to be roller shuttered access control, which is supported. Also support the provision of drop bollards to control access from Windmill Street into the area to the front of the building the scheme should be designed to standards laid out in the Secured by Design with each individual flat treated as a separate dwelling for the purpose of the standards of door security. recommend installation of suitable lighting, CCTV, signage and an access control system. If there is not 24 hour staffing then any CCTV system installed should be one which can be monitored off-site, by a monitoring station, when staff are not physically present. the proposed main pedestrian reception area is well located with a clear line of sight to most of the central courtyard and the mailbox area. However, an additional window should be provided to give clear views of the central access. Also the rear access to the concierge and access to the western most fire exit appear to be recessed. support defensible landscaping to the front of the building but recommend suitable fencing to the southern boundary so as to prevent unwanted access to the rear of the site. Also recommend that the central access way be gated to prevent unauthorised access. Page 5 of 13

6 4.8. West Midlands Fire Service no adverse comments subject to provision of a suitable fire service vehicle access and facilities West Midlands Integrated Transport Authority - given the accessibility of the site to a range of public transport services, they question the high number of car parking spaces proposed. Access to the site is along Ernest Street, where there are some bus shelters and the movement of vehicles into the site should not interfere with buses. Walking and cycling links from the development site to the public transport network should be safe and secure. Additionally, a Travel Plan should be developed that promotes sustainable transport initiatives to residents. 5. Policy Context 5.1. Birmingham UDP 2005 Saved Policies; Draft Birmingham Development Plan 2031; Places for Living SPG; Car Parking Guidelines SPD; and the National Planning Policy Framework. 6. Planning Considerations Background and Land Use Policy 6.1. The application site has the benefit of a previous planning consent for a larger phased development similar in nature to the current proposals. This application was conditionally granted in June The consent gave approval for the erection of 271 residential apartments in five blocks, along with parking and a new public square. Permission was subsequently granted for a Section 73 application to allow the development approved under the earlier permission to be carried out in phases. The first phase of the development (to the corner of Irving Street and Bow Street) was completed in accordance with this consented planning application. The implementation of this block thus fully implemented the planning consent and as such, the continuation of that consented design is still permissible In terms of planning policy, the adopted Birmingham UDP (2005) still forms the basis of the statutory planning framework. It contains policies to support City Living (paragraph 5.32b) as residential accommodation in the City Centre to provide sustainable accommodation close to both public transport and places of work, and reduce the pressure on greenfield sites The public examination into the Birmingham Plan 2031, took place towards the end of last year and the Inspectorates final report is due in May. Although not adopted significant weight should therefore be given to the policies within the Draft Birmingham Plan, but bearing in mind that they could be subject to change. Policy GA1.1 advises that the City Centre will continue to be the focus for retail, office, residential and leisure activity within the context of the wider aspiration to provide a high quality environment and visitor experience. Policy GA1.3 adds that the aspiration for Westside and Ladywood is to create a vibrant mixed use area combining visitor, cultural, commercial and residential uses The proposed development is consistent with the NPPF, which supports sustainable development, especially that of previously developed land in locations that are easily accessible, such as the application site. In principle I therefore have no objections to the proposed residential use. Urban Design Page 6 of 13

7 6.5. The proposal is consistent with the 5 main principles set out in Places for Living. In particular:- a) places not estates the scheme successfully addresses the triangular shape of the site with the main frontage facing Windmill Street. To break up this long elevation the building is set around an open landscaped square creating a focal point for the development. This would help create a distinctive place. The scheme is also to a high density making good use of its city centre location. Although the scheme does not include any commercial space there are local facilities nearby. b) moving around easily the scheme includes basement parking. This helps to avoid car parking dominating the frontage, making the street a more pleasant space. Level access is also provided to building along with lifts to all floors. c) safe places, private places the shape of the building creates a clear definition between the between public and private realms. Fronting onto Windmill Street is a landscaped square, whilst to the rear is a private garden area. Street frontages are active with apartments overlooking Windmill Street, Florence Street and Bow Street. Each of the blocks is accessed from the public realm, either off the street or from the central square. Dividing the building into blocks also allows the building to relate to the slope of the site avoiding the need for over dominant blank walls. The scheme also includes a concierge. To further enhance security as recommended by the Police amended plans have been received and conditions are attached to secure details of boundary treatments, CCTV and lighting. d) building for the future the scheme proposes a range of apartments sizes and a mix of one and two bedroom apartments. In addition, there are two bedroom / two bathroom apartments, which would appeal to people sharing. e) build on local character the scheme responds to local context. The building would be constructed close to back of pavement at the junctions of Windmill Street with Florence Street and Bow Street to reinforce these corners. The building is broken down into a series of masses with the lower elements at either end to respond to adjoining buildings, with the larger masses either side of the central square. Glazing is then used to provide either vertical or horizontal emphasis. The scheme also includes widely used materials off white render, blue brick cladding and a grey brick base. Impact on adjoining occupiers 6.6. I note the concerns of adjoining occupiers that the building would block out light and overlook nearby premises. The footprint of the building is similar to the previously consented scheme. It seeks to provide a suitable level of privacy with the residential apartment block to the rear at the corner of Irving Street and Bow Street (Phase 1 of the wider development site). The proposed building would be 6-8 storeys tall, which would generally be about a storey higher than the previously consented scheme. However, I do not consider that the additional storey height would block out more light or overlook adjoining buildings to such a greater extent as to justify refusal In response to the comments from the Birmingham Samaritans and Ibis Hotel, conditions are attached to secure details of boundary treatments and a construction management plan. With regard to the objection about the loss of a rear fire escape Page 7 of 13

8 the agent on behalf of the applicant has confirmed that it would not be affected by the proposed scheme. Access and Parking 6.8. BCC Transportation have raised no objections to the proposals in principle. The applicant has enlarged the cycle parking areas and confirmed 100% cycle parking provision with the use of stacking parking. This meets the guideline requirements which I welcome. The scheme has also been amended to omit car parking within the central landscaped square. This reduces the amount of car parking from 220 to 184 car parking spaces for the 304 apartments, which equates to 61% parking provision, which again I have no objections to To address the detailed points raised by BCC Transportation Development, conditions are attached to secure the highway works, entry and exit signs (to govern the one-way route through the car park) and to ensure that the car parking is available prior to first occupation. A Section 247 resolution under the Town and Country Planning Act is also recommended for stopping up the footway and carriageway (public highway) that currently exists within a hoarded off part of the site that would have been part of Ernest Street and Exeter Street. Environmental Considerations BCC Regulatory Services initially submitted a holding objection on the basis that they did not consider that the noise assessment was satisfactory. A revised Noise Assessment has been submitted and they have now withdrawn their objection subject to a condition to secure a suitable scheme of glazing and ventilation. They have also requested site remediation conditions and a condition to secure charging points for electric vehicles within the basement car park. Conditions are attached accordingly apart from the latter requirement, which I consider is unnecessary Although no ecological information has been supplied the site has very limited connectivity to other habitats and there are no sizable features (trees or buildings) on site. There is therefore likely to be a limited ecological impact provided clearance work is undertaken at a suitable time or under the supervision of a qualified ecologist. I have therefore suggested a condition to this affect, together with a condition to secure a survey of invasive weeds. To enhance the biodiversity of the scheme the applicant has included green/ brown roofs and a condition is attached to secure further details As recommended by Severn Trent Water a condition is attached to secure drainage details. Planning Obligations Given the number of proposed apartments the City Council s policies for Affordable Housing and Public Open Space in New Residential Development apply. The applicant cannot meet these policy requirements in full but has offered eight Affordable Rent apartments located on the lower two floors of Block C to be transferred to a registered provider or City Council at nil cost A financial appraisal to justify this has been submitted, independently assessed and found to be reasonable. I note that BCC Education and Leisure Services have requested monies for education and off-site public open space respectively. In this case there would be an area of on site amenity space for residents and I consider Page 8 of 13

9 that affordable housing is more of a priority in this instance. The equivalent monetary value of the Agreement has been estimated at 686, Conclusion 7.1. The application site has the benefit of a previous planning consent for a larger phased development similar in nature to the current proposals. The principle of residential development on this site has therefore already been established and it would be consistent with local and national land use planning policies Whilst the footprint of the proposed scheme is similar to that previously consented it would generally be about a storey higher. However, I do not consider that adjoining residents would be significantly affected by the additional building height. Overall, I consider that the proposed development is acceptable and an improvement on the already approved scheme I consider that the application is acceptable subject to safeguarding conditions, a resolution to secure the stopping up of highway and completion of a S106 agreement to secure affordable housing. 8. Recommendation 8.1. That consideration of application 2014/09582/PA be deferred pending the completion of a planning obligation agreement to secure the following:- a) 8 affordable rent units located on the lower two floors of Block C to be transferred to registered provider at nil cost; b) payment of a monitoring and administration fee associated with the legal agreement of 1, In the absence of the suitable planning obligation agreement being completed to the satisfaction of the Local Planning Authority by 31 st August 2015, planning permission be refused for the following reason(s): a) In the absence of any suitable legal agreement to secure affordable housing the proposal conflicts with 5.37 A-D of the Birmingham Unitary Development Plan 2005, Affordable Housing SPG and Policy TP30 of the Draft Birmingham Plan That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the planning obligation That no objection be raised to the stopping up of part of Ernest Street and Exeter Street and that Department of Transport be requested to make an order in accordance with the provisions of Section 247 of the Town and Country Planning Act 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 sustainable drainage scheme Page 9 of 13

10 4 Requires the prior submission of a method statement for the removal of invasive weeds 5 Requires the prior submission of details of a communal satellite dish 6 Requires the prior submission of hard and/or soft landscape details 7 Requires the prior submission of boundary treatment details 8 Requires the prior submission of a lighting scheme 9 Requires the prior submission of details of green/brown roofs 10 Requires the prior submission of a construction method statement/management plan 11 Requires the prior submission of sample materials 12 Requires the scheme to be in accordance with the listed approved plans 13 Requires the prior submission of a construction Biodiversity Method Statement 14 Requires the prior submission of entry and exit sign details 15 Requires the prior submission of glazing and ventilation details 16 Prevents occupation until the turning and parking area has been constructed 17 Requires the provision of cycle parking prior to occupation 18 Requires the prior submission of a residential travel plan 19 Requires the prior submission and completion of works for the S278/TRO Agreement 20 Limits the approval to 3 years (Full) Case Officer: David Wells Page 10 of 13

11 Photo(s) View along Windmill Street Page 11 of 13

12 View from Florence Street Page 12 of 13

13 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 13 of 13