Lickey Road & part of North Works, Longbridge, Birmingham

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1 Committee Date: 14/11/2013 Application Number: 2013/06476/PA Accepted: 27/08/2013 Application Type: Full Planning Target Date: 26/11/2013 Ward: Longbridge Lickey Road & part of North Works, Longbridge, Birmingham Residential development comprising 18 No 2, 3 & 4 bedroom houses and 64 1 & 2 bedroom apartments, access, parking & landscaping Applicant: Agent: St Modwen Developments Ltd c/o Agent Planning Prospects Ltd 1 Broomhall Business Centre, Broomhall Lane, Worcester, WR5 2NT Recommendation Approve Subject To A Section 106 Legal Agreement 1. Background 1.1 This application and a further two applications 2013/06311/PA and 2013/06429/PA on this agenda are to be determined as a single package as the applications are integral and inter-reliant to each other and cannot therefore be determined in isolation. The applications propose up to 392 dwellings across three sites with the provision of 60 affordable units provided on Phase 3 (2013/06476/PA). The 60 units would be funded by off-site contributions from Phase 4 (2013/06311/PA) and the proposed development on the former flightshed site (2013/06429/PA). This affordable housing provision would equate to 15% across the three sites, which the applicant states is greater than could be achieved if provision were made separately on each site (11%). 1.2 Phase 4 (2013/06311/PA) seeks planning permission for up to 215 dwellings. Phase 3 (2013/06476/PA) seeks planning permission for 18 houses and 64 flats. Flightshed (2013/06429/PA) seeks permission for up to 95 dwellings. 2. Proposal 2.1. Planning permission is sought for the erection of 18 houses and 64 apartments, access, parking and landscaping at Lickey Road. The development would form Phase 3 of housing at the former MG Rover site. Due to differing land levels, the development is split into three areas: Parkview Extension, Upper Rise and New Road site. The first two are relatively small areas adjacent to Phase 2 to the south, the majority of the development would be sited with the New Road sub-plot Parkview Extension would comprise the development of 5, two bedroom houses situated in two blocks of two and three, two-storey terraced units respectively. This part of the site would complete the streetscene for the adjacent Phase 2 development that was granted planning permission earlier this year and is currently under construction. These dwellings would comprise a hall, lounge, cloakroom and kitchen/diner at ground floor and two bedrooms and bathroom at first floor. The Page 1 of 16

2 bedrooms would measure 12.6sqm and 11.5sqm respectively. The rear gardens would have areas ranging from 55sqm to 66sqm. The properties would have a ridge height of 7.7m, a width of 5.2m and a depth of 8.2m. 7 parking spaces are proposed at the front of the properties equating to 140% provision Upper Rise would comprise the development of 5 two-storey detached houses, 3 of which would be three bedroom and 2, four bedroom. Upper Rise is to the immediate north of Parkview Extension. The three bedroom properties would comprise the following layout: hall, downstairs wc, an open plan living room/dining room and kitchen at ground floor and at first floor, a bathroom and three bedrooms with the master bedroom having an en-suite. The properties would have a ridge height of 8m, a width of 5.8m and a depth of 10m. The four bedroom properties would comprise the following layout: hall, downstairs wc, an open plan kitchen/dining room and living room at ground floor and at first floor, a bathroom and four bedrooms with the master bedroom having an en-suite. The properties would have a ridge height of 8.6m, a width of 6.4m and a depth of 10.8m. The bedroom sizes in the properties would measure 12.6sq, 10.5sq.m, 8.8sq.m and 7.4sqm respectively for the four bedroom properties and 12.6sqm, 10.8sqm and 6.56sqm respectively for the three bedroom properties. The rear gardens would range in size from 108sqm to 150sqm. The four bedroom properties would have a garage and a further 3 parking spaces on a driveway, whilst the three bedroom units would have 3 spaces. This would equate to a parking provision of 340% Both the Parkview Extension and Upper Rise would be accessed from roads previously approved as part of the Phase 2 development from Lickey Road. The materials proposed across these sections of the site including the road and pavement finishes along with the building materials would match that of Phases 1 and 2 and include brick and render for the dwellings and block paving for the hard surfacing materials The New Road section of the site would be located at a lower level to the other sections of the development due to the existing change in land levels across the site and an existing retaining wall prevents an internal estate road linking the upper and lower sites. The level change between the sections of the site ranges from 2m to 6m. This section of the proposed development would comprise 11, 1 bedroom flats; 53, 2 bedroom flats and 8 two-storey houses of the houses proposed in New Road would be two bedroomed with a living/dining room, kitchen, hall and cloakroom at ground floor and two bedrooms and bathroom at first floor. The bedrooms would measure 13.17sqm and 10.76sqm respectively whilst the rear gardens would have areas ranging from 40sqm to 72sqm. The properties would have a ridge height of 8.3m, a width of 4.7m and a depth of 8.5m. The remaining two houses would be three bedroom and would comprise a hall, cloakroom, lounge and kitchen/dining room at ground floor and three bedrooms, family bathroom and en-suite to master bedroom at first floor. The bedrooms would measure 13.4sqm, 10.4sqm and 8.33sqm respectively whilst the rear gardens would measure 60sqm and 66sqm. The three bedroom properties would measure 5.7m in width, 10.3m in depth and would have a ridge height of 8.5m. Car parking for these houses would be shared with the adjacent flats. The houses would be constructed from red brick with grey roof tiles and grey windows and doors apartments are proposed within 5 blocks. Block 1 would comprise 22 apartments and the block would face Lickey Road. Block 2 would comprise 6 apartments and would be adjacent to/abut the retaining wall to the rear (south); blocks 3, 4 and 5 Page 2 of 16

3 would comprise 12 apartments each. Block 1 would be predominantly 4 storeys in height (with a 3 storey element) but would have a maximum ridge height of 12.5m. All of the other blocks would be 3 storeys in height with ridge heights of between 9m and 10m. The flats would be accessed via a new vehicle route that would link off the new site access road and run behind the apartment blocks providing 73 car parking spaces Block 1 would comprise of 2 bedroom apartments each containing an open plan lounge/kitchen/dining room, two bedrooms, a bathroom and en-suite off the master bedroom. The bedroom sizes would measure 14.2/13.8sqm for bedroom 1 and 10.6sqm for bedroom 2. Block 2 would comprise 4, two bedroom apartments as per block 1 and 2, 1 bedroom apartments. Bedroom sizes would measure 14sqm and 10.sqm for the two bedroom units and 13.3sqm for the one bedroom unit respectively. Blocks 3, 4 and 5 would comprise 9, two bedroom apartments and 3, one bedroom apartments. The two bedroom apartments would have bedrooms measuring 12.8/12.3 for bedroom 1 and 10.3/10.8sqm for bedroom 2. The one bedroom apartments would comprise a kitchen/lounge, bedroom and bathroom. The bedroom would measure 13.6sqm. 73 Car parking spaces would be provided for 72 units equating to 101% provision of the 82 dwellings proposed would be provided as affordable housing and managed by Waterloo Housing Association. The 60 units would comprise 9, 1 bedroom apartments; 49, 2 bedroom apartments and 2, 2 bedroom houses. The apartments would be available for affordable rent, while the two houses would be offered as shared equity The apartments would be constructed from a mixed palette of materials that would match those proposed within Phase 4 (to be determined elsewhere on this agenda) and the houses proposed in Upper Rise. These materials would include off-white and dark grey render, red brick, dark grey and copper panels, grey roof tiles and dark grey windows No private amenity space is proposed for the flatted development. General amenity space for the flats does exist in and around the blocks and to the front of the blocks facing the access road. This incidental space equates to 1609sqm (25sqm per unit). The 18 ground floor flats would have a small landscaped area bounded by a planted hedge or railings. Each area would be approximately 5sqm A pedestrian link between the new North Works access road and the Upper Rise section of the site is proposed with both steps and a ramp linking the upper section of the Longbridge development to the former North Works and Longbridge centre site Detailed landscaping drawings, materials and boundary details have been submitted with the application to address specific issues in relation to the retention of the concrete retaining wall to the rear (south) of the New Road section of the site. Materials to be used across this section of the site include brown and blue timber effect cladding, red bricks, off white colour render, metal cladding and grey roof tiles Affordable units would be constructed to Code 3 for Sustainable Homes whilst the remaining units would meet Building Regulations A Design and Access Statement, Drainage Strategy and Flood Risk Assessment, Geo-Environmental Report, Report on Existing Noise Climate, Ecology Advice Note, Page 3 of 16

4 Transport Statement, Planning Statement, Viability Report and Tree Survey have been submitted in support of the application The Local Planning Authority has issued a screening opinion that concluded that an Environmental Impact Assessment is not required for this proposal Site Area 2.10Ha, Density 39 dwellings per hectare. Site Layout Plan Street Elevations 3. Site & Surroundings 3.1. The site is located in Longbridge, immediately east of Lickey Road and to the north of Phase 1 and 2 Lickey Road housing, occupying an area of 2.10ha. The site was formerly part of the MG Rover works at Longbridge and was previously occupied by the occupational health buildings, which have recently been demolished at the higher level part of the site and by the car plant buildings on the lower level part of the site. The site now forms part of the Longbridge North redevelopment area The site is bounded by the Lickey Road housing Phase 1 (113 dwellings recently completed) and Phase 2 (19 dwellings under construction) to the south. A steep and wooded embankment forms the boundary to the east, beyond, at a higher level (some 40-60m away), is the existing MG Motors automotive works which remains operational. The change in level and landscaped embankment separate the application site from the existing MG Motors works. To the west, the site is bordered by Lickey Road. To the north, the site is bordered by the proposed Phase 4 housing elsewhere on this agenda, and then the former Longbridge North Works which are currently under redevelopment to form the Longbridge town centre Long established residential development is located opposite the site on Lickey Road and comprises a mix of scale, type and design of housing Cofton Park and the new town centre park are within walking distance of the site. Site Location Map Streetview 4. Planning History Extensive History, including: /06431/PA. Highway access road and footway, associated drainage infrastructure, lighting and landscaping. Awaiting determination elsewhere on this agenda /06311/PA. Outline planning application for residential development (upto 215 dwellings), access, parking and landscaping. All matters reserved. Awaiting determination elsewhere on this agenda /06429/PA. Outline planning application (with all matters reserved, except access) for the erection of up to 95 dwellings and works associated with profiling of site levels. Awaiting determination elsewhere on this agenda. Page 4 of 16

5 /06430/PA. Re-profiling and remodelling of site levels, remediation works and creation of two vehicular access points. Awaiting determination elsewhere on this agenda August /02364/PA. Residential development comprising 18no 2, 3 and 4 bedroom houses and 64no 1 and2 bedroom apartments, access, parking and landscaping. Withdrawn by applicant June /02292/PA. Outline planning application (with all matters reserved except access) for the erection of up to 95 dwellings and works associated with re-profiling of site levels. Withdrawn by applicant January /07066/PA. Planning permission granted for the erection of 19 dwellings with associated access, parking and landscaping July /06423/PA. Planning permission granted for Erection of 115 dwellings, new accesses, parking and landscaping. 5. Consultation/PP Responses 5.1. Local residents, Ward Councillors for both Longbridge and Northfield wards, MP and Resident Associations notified. Site and Press notices posted advertising the application as a major development that would be a departure from the development plan. A letter of comment has been received from Councillor Corns stating that as changes have been made to the original concept to the Longbridge development in order to introduce this scheme this could compromise the original intention of the overall development to produce some 10,000 jobs Regulatory Services Concern is raised as noise from the MG site does have the potential to cause an issue. The plant is effectively mothballed at present and hence noise is likely to significantly increase, if production increases. This has not been adequately considered in the applicant s report and needs to be addressed. The following should be provided - details of all the potential industrial noise sources from the North/North East corner of the site and this should include noise levels and the frequencies at which the noise could occur. A BS4142 style assessment should then be undertaken. No objection is raised regarding contaminated land issues. Safeguarding conditions relating to noise insulation, boundary treatment, contamination, verification and remediation are requested Transportation - No objection subject to conditions relating to pedestrian visibility splays and construction management plan Environment Agency No objection subject to conditions relating to contaminated land verification reports, piling, and surface water drainage Highways Agency No objection subject to a condition relating to occupancy of the development linked to trip generation rates prior to improvements to Junction 4 of the M5 having taken place Severn Trent Water advise that there are public sewers located just within the application site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. No objection is raised subject to a drainage condition West Midlands Police no objections. Page 5 of 16

6 5.8. West Midlands Fire Service no objections Local Services - No objections in principle and this development is a further phase of development in accordance with the Longbridge Area Action Plan. Public open space and play requirements have been secured from other phases and funding is being used to provide such facilities and improvements in the area. The development would generate an off-site contribution for POS and play of 101,400 (POS) + 90,000 (cost of junior play area) = 191,400 If this money was secured, it would be spent on the provision, improvement and maintenance of public open space and children's play facilities in the Longbridge Ward. 6. Policy Context 6.1. Birmingham UDP (2005), NPPF, Longbridge Area Action Plan (2009), Draft Birmingham Development Plan (DBDP), Places for Living SPG, Affordable Housing SPG, Loss of Industrial Land to Alternative Uses SPD, Public Open Space in New Residential Developments SPD. 7. Planning Considerations 7.1. The application site sits within the Longbridge Area Action Plan (AAP) framework, which forms part of the Development Plan for the purposes of determining planning applications. The AAP contains a shared vision for Longbridge: "Longbridge will undergo major transformational change redeveloping the former car plant and surrounding area into an exemplar sustainable, employment led mixed use development for the benefit of the local community, Birmingham, Bromsgrove, the region and beyond. It will deliver new jobs, houses, community, leisure and educational facilities as well as providing an identifiable and accessible new heart for the area. All development will embody the principles of sustainability, sustainable communities and inclusiveness. At the heart of the vision is a commitment to high quality design that can create a real sense of place with a strong identity and distinctive character. All of this will make it a place where people will want to live, work, visit and invest and which provides a secure and positive future for local people." Loss of Employment Land 7.2. The AAP designates this site under Policy EZ2 Nanjing for employment uses. Paragraph of the AAP states that Nanjing Automobile Corporation (NAC) has potential to make a significant contribution to the city and region s economy. NAC has indicated that they wish to continue car manufacturing and to ensure that the land uses adjacent to their boundary do not restrict their core manufacturing business. The continued occupation of the site by NAC is therefore supported. Proposals for further car production and other related manufacturing activities will be encouraged, including activities that intensify production and increase jobs to make efficient use of the landholding Proposal EZ2 states that the site is allocated for employment uses within Class B1b and c, Class B2 and Class B8. Surplus land within the site is likely to become available for development. Future uses on this land will be considered within the context of the overall aims of the Area Action Plan and the adjoining land uses. Page 6 of 16

7 7.4 The Draft Birmingham Development Plan identifies Longbridge as a key area for housing and economic growth in accordance with the adopted AAP. The DBDP identifies areas of the former MG Motors site as Core Employment Areas and has omitted the sites through the Strategic Housing Land Availability Assessment (SHLAA). The application site sits within an identified DBDP Core Employment Area. 7.5 Policy TP19 states that The Core Employment Areas, defined on the Policies Map, will be safeguarded for employment development and other uses appropriate for employment areas such as waste management activities. Outside of Core Employment Areas there are occasions where employment land has become obsolete and can no longer make a contribution towards the portfolio of employment land. In such cases change of use proposals from employment land to other uses will be supported where it can be demonstrated that either: The site is considered a non-conforming use, or The site is no longer attractive for employment development based on the marketing,viability and other tests set out in the SPD on the Loss of Industrial Land to Alternative Uses. Proposals involving the loss of employment land will be expected to make a financial contribution towards the upgrading and improvement of the quality of other employment land within the vicinity of the development. 7.6 Paragraph 22 of the NPPF states that planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities. 7.7 As the site is designated for employment purposes and residential development is proposed, the applicant has acknowledged that the proposal should be considered against the Loss of Industrial Land to Alternative Uses SPD. The SPD requires two tests to be complied with; that of a minimum two years worth of marketing, and a viability assessment addressing why industrial redevelopment is not an option. However, Paragraph 5.9 of the SPD identifies that there will be occasions where it can be demonstrated that there are good planning grounds to depart from the general presumption against the loss of industrial land and that this could include large-scale mixed-use regeneration proposals that are identified in other Council planning documents. The applicants rely on this exception. 7.8 The AAP acknowledges that some land originally given-over to the remaining car manufacturing plant would become surplus to industrial requirements and that it would be likely redeveloped for other purposes within the context of the overall aims of the AAP. On this basis and given that phases 1 and 2 of the Lickey Road housing development (located on EZ2 land) have been previously approved on this surplus land and were agreed that they accorded with other aims and objectives of the AAP, I consider that the principle of residential accommodation for Phase 3 on this surplus employment land is acceptable and accords with AAP policy. Development for Housing 7.9 The NPPF seeks to ensure the provision of sustainable development, of good quality, in appropriate locations and sets out principles for developing sustainable communities. The NPPF promotes high quality design and a good standard of amenity for all existing and future occupants of land and buildings. It encourages the Page 7 of 16

8 effective use of land by utilising brown-field sites and focusing development in locations that are sustainable and can make the fullest use of public transport, walking and cycling. The NPPF seeks to boost housing supply and supports the delivery of a wide choice of high quality homes, with a mix of housing (particularly in terms of type/tenure) to create sustainable, inclusive and mixed communities The UDP also supports a more sustainable pattern of development by re-using brown-field sites in suitable locations. The UDP requires that new housing developments should provide an appropriate environment (paragraphs A), a suitable housing density and mix (paragraph 5.40) and encourages a full range of housing types and sizes including those for people with disabilities and other specific needs (5.35 and 5.37). Paragraph 5.38 identifies that densities of at least 50 dwellings per hectare will be expected in local centres and corridors well served by public transport, with 40 dwellings per hectare elsewhere. Paragraphs 5.37 (A-G) relate to the requirement for the provision of affordable housing. The NPPF seeks affordable housing for schemes 15 units or more. Paragraphs 3.14D-E, of the UDP states that new housing development should be designed in accordance with good urban design principles Places for Living encourages good quality accommodation in attractive environments. It contains a series of urban design principles with emphasis to assessing context and responding positively to local character. Places for All SPG also emphasises the importance of good design, high quality environments, again with an emphasis on context Policy TP27, of the emerging Birmingham Development Plan, states that the location of new housing should be on previously developed land, be accessible to jobs, shops and services by other modes of transport, be sympathetic to natural assets and not conflict with other core strategy policies in relation to the protection of core employment areas, green belt and open space. Policy TP29 refers to new housing offering a choice of type, size and tenure to create balanced and sustainable communities Aside from the issue of industrial land, the principle of redeveloping this site for residential purposes would be a positive move in line with national and local policy. Whilst the application would result in the loss of industrial land, the sites around it are being redeveloped for housing and the proposal is supported by AAP policy. The site is located adjacent to a public transport corridor that leads to the City Centre and to Bromsgrove. Layout and Design 7.14 The layout of the scheme proposes 13 houses in 3 blocks of primarily short terraced units and 5 detached houses along with 64 flats within 5 blocks, primarily three storeys in height. The type and number of dwellings proposed are necessary to ensure a sufficient level of financial return and viability, and in order to continue the layout and design themes of accommodation that has been constructed in phases 1 and 2, the applicants continue to propose a scheme that is urban in character with a public realm dominated by cars and hardsurfacing. The potential for landscaping and private amenity space for the flats remains restricted The proposed development complies with your Committee s guidelines in Places for Living SPG in terms of bedroom sizes and garden sizes for the houses but the proposed flats would not have private amenity space in accordance with your Committee s guidelines. However, the site is restricted by levels and developable Page 8 of 16

9 area and Cofton Park and the new town centre park are within close walking distance of the application site. On this basis, I consider the proposal to be acceptable in terms of adequate amenity for the new properties. Separation distances between the new build flats/houses would be between 15m and 20m against the Places for Living Guidelines of 27.5m however, I also consider this to be acceptable in light of the on site restrictions The design of the proposed houses matches that already provided for on the completed Phase 1 and under construction Phase 2 developments. The flats are of sufficient design quality to serve this key gateway into the former North Works site, and have been improved since the previous application was withdrawn and this is welcomed. The improved materials associated with the improved design are considered acceptable. Whilst I consider that the scheme still has a number of the issues that existed on phases 1 and 2, the site is still constrained by levels and subsequently the amount of developable land available. These issues including those identified above in relation to amenity are not considered significant enough to warrant a refusal of planning permission, particularly as the scheme follows the character that has already been established along Lickey Road. My City Design Team colleagues consider that the proposal is acceptable and is consistent in character with Phases 1 and 2. On this basis I consider that the proposal s design and layout can be accepted Detailed landscaping plans have been submitted at application stage to address concerns that were raised with the applicant during pre-application discussions regarding private amenity space for the flats and the issue of the concrete retaining wall. My landscape officer has been in detailed negotiations regarding the landscaping proposals and has some concerns including that blocks 1, 3, 4 and 5 have little amenity space of practical recreational use to residents. The majority of the space between the flats is car parking with minimal planting to break it up. The soft landscape along the new road is elevated and exposed, with no sense of privacy. It is not clear how people would use the spaces in the location of the bins and cycles, and the bin and cycle blocks take up much of the space. Block 2 has little outdoor space, other than some incidental space to the rear of the bin and cycle stores and narrow strips to the front, and adjacent to the parking area. This is neither useful nor private. However, on balance and with the difficult levels associated with the development of this phase, the scheme is considered to be acceptable. I concur with this view and consider that the scheme proposed provides the best landscape solution for the limited developable area available and for landscaping to address the retaining wall. Noise 7.18 A report on the existing noise climate has been submitted in support of the application. The noise survey that was undertaken has identified that the overall noise climate is determined by road traffic on Lickey Road and that activities at the MG Motors site do not have any significant influence on the overall noise levels measured at the site. For habitable rooms that overlook roads, the assessment recommends the use of acoustic rated glazing and acoustic rated trickle vents, which are secured by a condition recommended below Following the closure of much of the former car works, the surrounding area now has a low background noise level aside from that generated by traffic. The proposed development would increase this background noise level, particularly during construction but would not otherwise impact on the established residential areas adjacent to the site. I note the concern raised by Regulatory Services in relation to noise however, Phases 1 and 2 have already been approved and delivered and Page 9 of 16

10 those sites sat closer to the MG Motors operation than this proposal. No objection was raised to those proposals subject to safeguarding conditions. On this basis, I consider that the noise concerns can be overcome by safeguarding conditions that concur with those attached to the previous two phases of development. Regulatory Services have raised no objection to the proposal on land contamination grounds. Ecology 7.20 The application is supported by an Ecology Advice Note which concludes that the site does not contain any protected species or habitats and that the site has very limited scope to contain protected species in the future unless enhancements are made to the site to attract such species. The survey concludes that all semi natural habitats on site have been assessed to be of site value only and that the isolated nature of the habitats from the wider landscape further decreases their value. The semi natural habitats that do exist are informal amenity areas and are immature in development and poorly structured reducing the likelihood of occupation by protected species. Common bird species may use the features on site for roosting and occasional nesting but the habitats on site are not considered to be a critical resource for local wildlife The City Ecologist has advised that re-development of the site would provide a good opportunity to improve its value for wildlife. New tree, shrub and herbaceous planting should create new habitat for birds and insects typically associated with gardens. The three planting proposals drawings include a limited range of native trees and shrubs, but many of the ornamental varieties, such as the flowering shrub mix, will have wildlife value, in providing sources of nectar, pollen and berries. Wildflower meadow areas are proposed in open space in the eastern section of the site this is to be welcomed. No objections are raised subject to a number of ecology safeguarding conditions including bird/bat boxes and management of landscaped areas/habitat areas. Drainage and Flood Risk 7.22 A Drainage and Flood Risk Assessment was submitted in support of the application. Its conclusions state that the site is located within Flood Zone 1 which has the lowest probability of flooding. Drainage networks that are currently under construction or proposed as part of the redevelopment of the wider Longbridge site have suitable capacity to take the storm and foul water flows from the Lickey Road Phase 3 development. Surface and foul water drainage will be conveyed to these sewers via a proposed on-site drainage system that will be designed to current standards and put forward for adoption under a Section 104 Agreement. Due to the nature of the redevelopment proposals, the impermeable area of the site will be reduced by approximately 30%, therefore meeting the criteria of a minimum 30% betterment, usually requested by the Environment Agency. The Environment Agency has raised no objections subject to safeguarding conditions. Severn Trent Water has raised no objection subject to a safeguarding drainage condition. On this basis, I consider the proposal to be acceptable in this regard and the reduction in impermeable site area is of significant benefit. Trees 7.23 A tree survey of the wooded embankment to the rear of the Parkview Extension and Upper Rise sections of the application site has been submitted in support of the application. The survey has assessed 14 individual trees and 5 groups of trees. The trees within the embankment include Elm, Ash, Sycamore, Horse Chestnut, Oak and Page 10 of 16

11 Lime. Of the 14 assessed, 10 are Category B trees, 3 are Category C and 1 is Category U. It is proposed to remove 2 trees within the embankment a Category U Ash tree which is dead and a Category B Leyland Cypress which is growing too close to the retaining wall and will become unstable due to limited root growth. My arboricultural advisor has raised no objections to the proposal and I concur with this view. Transportation 7.24 The submitted Transport Statement and Residential Travel Plan consider the traffic impacts of the proposed scheme and ways in which to reduce reliance on the private car. It notes that the travel demand would be low with only 28 vehicular trips being generated in the peak hours and that the local highway network can accommodate the proposed vehicular trip increase. The statement also notes the site is located in a highly sustainable bus and train corridor. Transportation has raised no objections to the proposal subject to safeguarding conditions and I concur with this view. A residential travel plan has already been submitted and this plan has been previously approved for phases 1 and 2. I do not therefore consider that a condition requiring a further submission is required. Longbridge Infrastructure Tariff and Section 106 Issues 7.25 As the scheme proposes residential development in excess of 15 units, 35% affordable housing would normally be required. Policy TP30 of the draft BDP states that the level of developer subsidy will be established taking account of the above percentage and the types and sizes of dwellings proposed. The City Council may seek to negotiate with the developer in order to revise the mix of affordable dwellings (for instance to secure additional larger dwellings) or to adjust the level of subsidy on individual dwellings (a higher subsidy may be required in high value areas). Where such negotiations impact on the number of affordable dwellings secured the level of developer subsidy should be unchanged. There will be a strong presumption in favour of the affordable homes being fully integrated within proposed development. However the City Council may consider off site provision, for instance to enable other policy objectives to be met, subject to an equivalent level of developer contribution being provided. Off site provision could be either by way of the developer directly providing affordable dwellings on an alternative site, or by making a financial contribution which would enable provision either through new build on an alternative site, by bringing vacant affordable dwellings back into use or through the conversion of existing affordable dwellings to enable them to better meet priority needs. In phased housing developments, developers will be expected to provide details of the affordable housing provision in each phase, including the number and type of affordable dwellings to be provided. Local/ 7.26 In accordance with the requirements of the Area Action Plan Longbridge Infrastructure Tariff (LIT), the proposed residential development of 82 dwellings would require a payment of 16,500 per unit equating to a total of 1,353, Paragraph 4.5 of the AAP states that where viability is an issue in terms of difficult market conditions a flexible approach to any negotiations at planning application stage will be required to ensure viability and that the delivery of an acceptable scheme on the ground is not constrained or delayed. This is further explained in Paragraph 4.25 which states It is recognised that market conditions are subject to change, and that these can impact on the viability of development. If at the time planning applications are submitted, it can be shown through an open development appraisal, that a scheme may be unviable if the LAAP s policies have to be applied in Page 11 of 16

12 full, then the Local Authorities will enter into detailed negotiations with the applicants to determine what may be acceptable to enable the scheme to proceed Two viability assessments have been provided assessing two different options in relation to the LIT and affordable housing. Option A would provide 5% on-site affordable housing provision of 4, 2 bedroom apartments and a LIT contribution of 205,000 (equating to 2,500 per dwelling) with a 17.5% profit on cost (14.93% profit on gross development value) return. Option B would provide 60 affordable housing units on this site (a 15% provision across the three sites from up to 392 units) funded from an off-site cross subsidy contribution of 1.65 million from Phase 4 Lickey Road and 1.5 million from Flightshed and a LIT contribution of 205,000 with a 11.01% profit on cost (14.31% profit on gross development value) return. The 60 affordable units would comprise 9no, 1 bedroom apartments, 49no 2 bedroom apartments both of which would be available as affordable rent and 2no 2 bedroom houses which would be offered for shared equity My Housing Officer has advised that either option could be acceptable but that Option B would ensure the delivery of affordable units much earlier in the development programme because Phase 3 is programmed for construction starting in 2014 and delivery of the affordable units would be linked to the occupation of units on Phase 4 and Flightshed. It is noted that the units offered would be 1 and 2 bedroom apartments. An agreement between the City and Bromsgrove District Council allows cross boundary housing (on a split of 50/50) needs to be met and as such, the proposed apartments would meet a greater housing need from Bromsgrove District in accordance with the AAP and the larger properties that are required by the City would potentially be provided by East Works (under Bromsgrove District). The two bedroom houses proposed would meet the City s requirements I note the viability appraisals submitted by the applicant and that these outline that the scheme is unable to support a greater level of LIT contribution or affordable housing provision. The viability assessment has been reviewed in-house and I concur with the assessment s conclusions. On this basis, I consider that the provision of 15% (60 units) on site affordable housing through cross subsidy from the other two housing sites to be determined elsewhere on this agenda (2013/06311/PA and 2013/06429/PA) and a LIT contribution of 205,000 to be acceptable and broadly in accordance with policy. 8 Conclusion 7.1 The proposed development would see a commitment from St Modwen to continue delivering new homes at Longbridge. The development proposals continue to contribute to the vision and objectives for Longbridge established within the AAP. The proposal would result in the loss of land allocated within the AAP for employment however AAP policy expected some of this to become surplus and so be made available for other development. The land has been returned to St Modwen by MG Motors UK and the policy identifies that future uses on this land will be considered for other development within the context of the overall aims of the Area Action Plan and adjoining land uses. 9 Recommendation 8.1 That consideration of application number 2013/06476/PA is deferred pending the completion of a suitable legal agreement to secure the following: Page 12 of 16

13 a) An index linked financial contribution from the date of this planning committee of 205,000 towards the spend priorities of the Longbridge Infrastructure Tariff identified in Table 2 of the Longbridge Area Action Plan 2009 payable as 25% on commencement of development, 25% on first occupation, 25% on 50% occupation and 25% on 95% occupation. b) The provision, in conjunction with application references 2013/06311/PA and 2013/06429/PA, of 60 affordable housing units comprising 9no 1 bedroom apartments, 49no 2 bedroom apartments and 2no 2 bedroom houses. The apartments will be made available for affordable rent and the houses for shared equity. c) A continued commitment to remain in a Local Training and Employment Scheme with the City Council and other agencies and employ local people (target of 60%) during construction of the development. d) Payment of a monitoring and administration fee associated with the legal agreement subject to a minimum contribution of 1,500 and a maximum of 10, That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the appropriate agreement. 8.3 That in the event of the above legal agreement not being completed to the satisfaction of the Local Planning Authority, on or before 21 November 2013, planning permission be refused for the following reasons: a) In the absence of any suitable planning obligation to secure a Longbridge Infrastructure Tariff financial contribution of 205,000 and the provision, in conjunction with application references 2013/06311/PA and 2013/06429/PA, of 60 affordable units comprising 9no 1 bedroom apartments, 49no 2 bedroom apartments both for affordable rent and 2no 2 bedroom houses for shared equity; the proposed development conflicts with the Longbridge Area Action Plan 2009 and specifically Part D Delivery and Implementation, paragraphs 2.2, 2.5, 2.17 and 3.6; Paragraphs 5.20 and 5.20A of the Birmingham UDP. 8.4 That in the event of the above legal agreement being completed to the satisfaction of the Local Planning Authority on or before 21 November 2013, favourable consideration would be given to the application 2013/06476/PA subject to the conditions listed below. 1 Requires the scheme to be in accordance with the listed approved plans 2 Requires the prior submission of a contaminated land verification report 3 Foundation Design and Groundwater Risk 4 Requires the prior submission of a sustainable drainage scheme 5 Requires the prior submission of details of bird/bat boxes 6 Requires the prior submission of a habitat/nature conservation management plan 7 Requires the prior submission a noise study to establish residential acoustic protection Page 13 of 16

14 8 Requires the prior submission of details of a communal satellite dish 9 Requires the prior submission of sample materials 10 Requires the prior submission of a lighting scheme 11 Requires the prior submission of a construction method statement/management plan 12 Occupation restricted on vehicular trip rates at Junction 4 of the M5 until improvement scheme implemented. 13 Prevents occupation until the service road has been constructed 14 Prevents occupation until the turning and parking area has been constructed 15 Requires the provision of cycle parking prior to occupation 16 Requires pedestrian visibility splays to be provided 17 Road Infrastructure Required Prior to First Occupation 18 Limits the approval to 3 years (Full) Case Officer: Pam Brennan Page 14 of 16

15 Photo(s) Figure 1: Phase 3 site Corner of Lickey Road and new junction into North Works Page 15 of 16

16 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 16 of 16