That Members determine the submitted applications according to the recommendation made in respect of each one.

Transcription

1 Agenda Item No: 5 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel PLANNING COMMITTEE Date: 1st December 2009 Originating Service Group(s) REGENERATION AND ENVIRONMENT Contact Officer(s) Stephen Alexander (Head of Development Control) Telephone Number(s) (01902) Title/Subject Matter PLANNING APPLICATIONS Recommendation That Members determine the submitted applications according to the recommendation made in respect of each one.

2 PLANNING COMMITTEE (1st December 2009) REFERENCE SITE ADDRESS PAGE NO 09/00825/FUL Application Type The Monkey House Public House Kent Road Wolverhampton WV2 2AY Smallscale Major All Other Development Ettingshall Page 4 09/00776/FUL Application Type The Old Vine Vauxhall Avenue Wolverhampton WV1 4TA Minor All Other Development Park Page 14 09/00749/OUT Sharow 21 Perton Road Wolverhampton WV6 8DN Tettenhall Wightwick Page 20 Application Type Minor Dwellings 09/00828/RP Application Type The Spread Eagle Public House 358 Birmingham New Road Wolverhampton WV14 9PR Change of use Spring Vale Page 26 07/01783/OUT Application Type Battery Rolled Metals Factory Cable Street Wolverhampton WV2 2HX Smallscale Major Dwelling Ettingshall Page 31 2

3 09/00135/RP Bridge Street Heath Town Wolverhampton WV10 9QQ Bushbury South And Low Hill Page 51 Application Type Minor Dwellings 09/00657/FUL 107 Bushbury Lane Wolverhampton WV10 9TN Bushbury South And Low Hill Page 53 Application Type Minor Dwellings 09/00718/FUL Application Type Land Adjacent To Midland Tyre Company Coseley Road Wolverhampton Minor All Other Development Bilston East Page 59 3

4 PLANNING COMMITTEE - 01-Dec-09 APP NO: 09/00825/FUL WARD: Ettingshall DATE: 08-Sep-09 TARGET DATE: 08-Dec-09 RECEIVED: APP TYPE: Full Application SITE: The Monkey House Public House, Kent Road, Wolverhampton PROPOSAL: Demolition of pub, erection of four residential homes for the care of adults with learning difficulties or physical disabilities. APPLICANT: Taylor Grange Developments Ltd Hill Rise Billy Lane Barnt Green Birmingham AGENT: Partington Associates 6 Oaks Drive Sutton Coldfield West Midlands B75 5AP COMMITTEE REPORT: 1. Site Description 1.1 The site is occupied by the former Monkey House public house, previously known as the Moulders Arms. It is in a mixed residential and commercial area, approximately two miles south-east of Wolverhampton City Centre. 1.2 The former public house occupies the western portion of the site. It includes a small car park forecourt with an associated garden and additional customer parking area to the rear. It is a good example of an inter-war public house but has been unoccupied following its closure in July The building is of some architectural merit. The northern and eastern parts of the site include open areas of rough grass land and trees. 1.3 The land is bounded by Kent Road to the west and Major Street to the east. There are houses opposite the site. There is a terrace of four dwelling houses fronting onto Kent Road to the north of the site which do not have front gardens and are sited on the back edge of the footway. Immediately to the south of the site is Dixon Street Public Park. A ball court is positioned within the park and adjacent to the south-east boundary of the application site. 1.4 Industrial units are sited to the north and east of the site along Major Street. 1.5 There are a number of trees at the site that are of amenity value. 2. Application Details 2.1 The application proposes the demolition of the existing public house and the erection of three residential care homes and one supported living unit, including associated parking and landscaping, for adults with learning difficulties or physical disabilities. The proposals would provide accommodation for 23 residents. 4

5 2.2 Unit A would be a residential care home for six adults with learning difficulties. There would be three staff on duty to provide support to the residents. 2.3 Unit B would include five micro-flats for adults with learning difficulties or physical disabilities. Each flat would comprise 2 rooms, a bathroom and a room for living, sleeping and cooking. The building would also provide a communal lounge, an office and staff room. This facility would be supported by one or two members of staff. 2.4 Unit C would be a residential care home for four adults with learning difficulties. There would be three / four staff to support the residents. 2.5 Unit D would be a residential care home for eight adults with physical disabilities and possibly learning disabilities. Four staff would be available to provide support. 2.6 The staff in each unit would have access to a vehicle which they would use to take the residents to and from local services and facilities. 2.7 The buildings would be of a domestic scale and constructed predominately from brickwork and render with tiled roofs. 2.8 A perimeter block layout is proposed with two 2 storey buildings fronting onto Kent Road (units A and B) and one 2 storey and one single storey building fronting onto Major Street (units C and D). 2.9 Although aligned parallel to the street, units A and B would be positioned eight metres behind the building line of the terraced houses to the north Two separate and secure car parking areas would be provided to serve the development scheme. Units A and B would be served by eight car parking bays to the south, with access from Kent Road. Two additional disabled car parking bays would be provided to the front of unit A. Units C and D would be served by eight car parking bays positioned to the rear of the buildings, with vehicular access from Major Street. Two disabled car parking bays would be provided to the front of those buildings Each of the proposed care homes would have its own rear shared private amenity space The proposals indicate the removal of a number of trees. The plans show that there would be new tree planting within the private amenity space and to the street frontages. The new car parking areas would be surfaced in non-permeable tarmacadam It is stated that 24 full-time jobs would be created. 3. Constraints 3.1 Authorised Processes Landfill Gas Zones Mining Areas New Deals ABCD Area 5

6 4. Relevant policies 4.1 National Policies PPS1 Delivering Sustainable Development PG3 Housing PPG13 Transport PPG15 Planning and the Historic Environment PPG24 Planning and noise 4.2 Unitary Development Plan Policies D1 Design Quality D2 Design Statement D3 Urban Structure D4 Urban Grain D5 Public Realm Public Open Private Space D6 Townscape and Landscape D7 Scale - Height D8 Scale - Massing D9 Appearance D10 Community Safety D11 Access for People with Disabilities D12 Nature Conservation and Nature Features D13 Sustainable Development D14 The Provision of Public Art EP1 Pollution Control EP3 Air Pollution EP4 Light Pollution EP5 Noise Pollution EP6 Protection of Groundwater, Watercourses and Canals EP9 Sustainable Drainage Arrangements for Development HE1 Preservation of Local Character and Distinctiveness C3 Community Meeting Places N1 Promotion of Nature Conservation N7 The Urban Forest R4 Development Adjacent to Open Space H1 Housing H6 Design of Housing Development H11 Special Needs Accommodation H12 Residential Care Homes AM1 Wolverhampton The Accessible City AM7 Travel Plans AM9 Provision for Pedestrians AM10 Provision for Cyclists AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security 4.3 Supplementary Planning Guidance SPG2 Access and Facilities for People with Disabilities SPG 3 Residential Development SPG16 Provision of Public Art 5. Neighbour notification and publicity 5.1 No response. 6

7 6. Internal consultees 6.1 Environmental Services recommend conditions in regard to contaminated land remediation, kitchen extract ventilation, refuse storage, noise attenuation and ventilation. 6.2 Planning Policy Section UDP policies C3 Community Meeting Places, D6 Townscape and Landscape, D13 Sustainable Development and H11 Special Needs Accommodation are particularly relevant (These policies are discussed in the Appraisal section). 6.3 Transportation Development - (i) The site is located in an area that has been identified as having low levels of access to local public transport services and is approximately 1km from the closest defined centre. (ii) Insufficient information has been provided to adequately assess whether the proposed parking provision would be sufficient to meet the likely demand generated by the proposed development. (iii) The level of disabled parking appears to be disproportionately high. (iv) Covered and secure cycle storage for the staff of each unit should be provided. (v) Secure motorcycle parking should be provided for each unit. (vi) Acceptable visibility splays should be demonstrated at each vehicular access. 6.4 Tree Officers The development would result in the loss of a number of mature trees of amenity value. Compensatory planting is required. 6.5 Parks & Contracts (Leisure) are concerned that by virtue of the close proximity of the existing ball games court at the adjacent park, there would likely be unacceptable levels of noise and other forms of general disturbance to future occupants of the proposed development. It is therefore recommended that the scheme be redesigned to position the buildings away from the ball court. 6.6 Access Team and Adult and Community Comments awaited. 7. External consultees 7.1 CAMRA Object as the development would result in the loss of a community facility contrary to UDP policy C3 Community Meeting Places. There is a particular need for the facility at this location as there is an under provision of public houses in this area. The application has not satisfactorily investigated the potential for converting the existing building. Inadequate information has been provided about the proposed operation of the care homes and the likely impact on highway safety. The surrounding locality is not suitable for a care facility and suffers low levels of accessibility contrary to policy H Local and Neighbourhood Arrangements Support the application. 7.3 Severn Trent Water Limited No objection subject to a condition requiring the submission of sustainable drainage details and an assessment of the hydrological and hydrogeological context. 7.4 Environment Agency Comments awaited. 7

8 8. Appraisal 8.1 The key issues to be considered when determining this application are: Loss of Community Use Loss of Building of Architectural Merit Residential Care Home Use Design, Layout and Appearance Boundary Treatments, Trees and Landscaping Private Shared Amenity Space Access and Parking Neighbour Amenity Residents Amenity Loss of Community Use 8.2 The proposed development would result in the loss of the former public house. Unitary Development Plan policy C3 Community Meeting Places requires that the loss of community meeting places, which includes public houses, will only be permitted if: (i) There is no longer a need for the use; (ii) There are other facilities nearby which can accommodate displaced community activities; (iii) The proposal would involve the replacement of the facility; or (iv) The use is no longer economically viable. 8.3 The application includes a letter from Marston s PLC which sets out the background to the closure of the public house. The letter states that the public house has a history of low profit margins due to the number of free trade public houses in the vicinity of the site which offer significantly discounted prices. Trade had been in particular decline for approximately four years prior to the closure of the public house and the previous two tenants were unable to sustain a viable economic return from the use. Since its closure the premises have been the subject of vandalism, fly tipping and anti-social behaviour which has made the premise unattractive. The property was marketed for sale, but no interest was shown on the basis of the public house use. Marston s state that they do not consider that the premises is economically viable as a public house. 8.4 It is not considered that the submitted information adequately addresses criteria s (i), (ii) and (iv) of policy C3. To demonstrate that there is no longer a need for the public house use, further information is required in respect of the facilities available at the public house, such as a function room and the activities that have been, or are capable of being carried out there. Details of those existing facilities in nearby locations that could accommodate those activities displaced by the proposed development should be provided. The application does not include sufficient evidence that the public house is no longer a viable economic business. To this end, details of the length of time that the public house was marketed for sale and the approaches taken to attract interest need to be provided by the applicants. Loss of Building of Architectural Merit 8.5 The application proposals include for the demolition of the former public house building. The building is not listed and is not in a Conservation Area, and so could be demolished without the consent of the local planning authority. However, UDP policies D6 Townscape and Landscape, D13 Sustainable Development and HE1 Preservation of Local Character and Distinctiveness, require that buildings such as this former public house, which make a positive contribution to the character of an area, should wherever possible be retained and re-used. 8

9 8.6 This former public house, is a good example of the 'reformed' or 'improved' public house which was developed during the inter war years. This new type of public house was an attempt to change the image of drinking and attract respectable customers. These landmark buildings, which represent a distinctive period of public house architecture, are increasingly coming under threat of demolition, as many are claimed to be no longer viable as businesses. The former public house is a building of architectural merit; it is important to the street scene and reinforces local distinctiveness. The future use as a public house may be unviable (this has not been demonstrated) but this in itself does not justify allowing a redevelopment of the site which would result in the loss of the building. 8.7 The applicants state that they have considered the possibility of renovating the existing public house building to enable it to be used as a residential care home. However they state that modern care requirements do not favour the conversion of older premises, and this is reflected in the attitude of operators who prefer purpose built modern facilities that have a long life and meet their complex needs. 8.8 It is not considered that the arguments put forward by the applicants justify the loss of the building which is considered to be of architectural merit. There are recent examples of planning permission being granted for the conversion of historic buildings into residential care facilities, including the Westwood Hotel, Tettenhall Road, which was considered suitable for use as a modern care facility. Further information should be provided to justify the loss of the existing building. Special Needs Accommodation and Residential Care Home Use 8.9 The proposals should also demonstrate compliance with UDP Policy H11 Special Needs Accommodation. This policy sets out requirements for the location and design of special needs accommodation, which includes sheltered flats and care homes aimed at client groups other than the elderly. It states that proposals for such accommodation will be assessed against the compatibility with surrounding uses, the provision of satisfactory car parking and vehicular access and against the proximity to public transport and local facilities Whilst the application site is located in an area surrounded by existing residential development, it is identified as having low accessibility to public transport and is a considerable distance from the nearest defined centre. Given the low levels of accessibility to public transport and local services, this site would not normally be an acceptable location for a care facility. However, the applicants propose that a vehicle be provided for each unit which staff would be able to use to take residents to and from local services and facilities. It is therefore considered that the proposals comply with policy H11 in this regard. Private Shared Amenity Space 8.11 UDP policy H6 requires that adequate useable private garden space is provided for all new housing schemes. The amount of private amenity space proposed is acceptable. Design, Layout and Appearance 8.12 UDP policy D1 Design Quality establishes that all development proposals should demonstrate a high standard of design and contribute towards the creation of a strong sense of place The layout of development responds positively to the requirements of UDP policy D1, with the buildings fronting onto the streets and amenity space to the rear Although the buildings along Kent Road would be set behind the building line of the street, this would not result in development which would appear obtrusive or out of character with its surroundings. 9

10 8.15 The composition, proportion and articulation of the architectural elements of the buildings will result in a development that would be visually in harmony with the character of the area. Details of materials and large scale drawings of the architectural elements of the development can be conditioned UDP policies D7 Scale Height and D8 Scale-Massing require that new development proposals are of a height and massing that makes a positive contribution to the appearance of an area. The proposed buildings would be of a domestic scale and massing which would relate positively to surrounding development and not appear overbearing or obtrusive in the street scene The proposed surface material for the car parking areas is tarmacadam. This would not be acceptable and porous block paving should be used. This can be required by condition Insufficient details of refuse storage have been provided. These can be required by condition. Boundary Treatments, Trees and Landscaping 8.19 UDP policies D9 Appearance and D10 Community Safety require the provision of attractive landscaping, fencing, walls, railings and other treatments to reinforce boundaries and deter intruders. Insufficient details of boundary treatments, trees and landscaping have been provided. These matters can be dealt with by condition It is considered that street frontage boundary treatments should consist of low level dwarf walls and railings with private areas secured by walls and railings and these can be required by condition UDP policy N7 The Urban Forest states that the Council will discourage the removal of mature, healthy trees. The proposals would require the removal of a number of mature trees. This would only be acceptable subject to the provision of satisfactory compensatory tree planting. This can be required by condition. Access and Parking 8.22 UDP policy AM1 Access, Mobility and New Development states that all new development proposals will be expected to contribute towards improvements in access and mobility. Proposals should be designed to minimise the adverse effects of any traffic on neighbouring residential areas or other sensitive uses The layout includes 20 car parking bays. Disabled vehicle parking bays are located adjacent to the main entrances. However, the application includes insufficient information about staff working hours and shift patterns and it is therefore not possible to accurately assess whether the parking proposed is acceptable. The agents have been requested to provide additional information The level of disabled parking appears to be disproportionately high. The agents have been requested to explain the rationale for the proposed number of disabled car parking bays Satisfactory details of secure and covered cycle and motorcycle parking have not been provided. These matters can be dealt with by conditions. 10

11 Neighbour Amenity 8.26 The houses on the western side of Kent Road would be a sufficient distance away from the site to ensure that there would be no detriment to the amenity of occupiers of those houses. The nearest dwelling to the northern boundary of the site would be positioned ten metres from the proposed buildings and it is considered that this would be a sufficient distance away to ensure that the amenities of occupiers of that house would be respected. Residents Amenity 8.27 Leisure Services has pointed out that there is a potential for future residents of the proposed development to be disturbed by people using the ball court at the public park to the south of the site. Environmental Services have been consulted on this application and have stated that subject to all habitable rooms that face onto the ball court being protected with acoustic glazing and ventilation, the residents amenity would be acceptable. Acoustic glazing and ventilation can be required by condition. 9. Conclusion 9.1 It has not been satisfactorily demonstrated that the loss of a community use and a building of merit is acceptable and in accordance with UDP policies C3, D6, D13 and HE1. The agents have been requested to submit further information to demonstrate compliance with UDP policy. 9.2 The proposed development would be in a suitable location, given the nature of the residents and the facilities to be provided. 9.3 The design and layout of the development is broadly acceptable and in accordance with UDP Design, Transportation and Environmental Protection policies. However, further information needs to be provided to justify the level of car parking proposed. 9.4 The scheme is one which would provide, when completed, new employment opportunities, the provision of accommodation and care for people in need of care and the use of a vacant site. The proposed layout of the new development, with buildings addressing street frontages would respond positively to the character and appearance of the surrounded area. 9.5 Therefore, providing that the loss of the public house use and the loss of the building can be justified and the outstanding matter at para. 9.3 relating to car parking provision can be resolved, the proposal would be acceptable and in accordance with the requirements of the UDP. 10. Recommendation 10.1 Delegated authority to the Director for Sustainable Communities to grant subject to: 1. No overriding objections from outstanding consultees. 2. Satisfactory resolution of outstanding matters as set out at paragraphs 9.1 and 9.3 above. 3. Conditions to include: Materials; Large scale architectural details; Refuse storage; Cycle parking and storage; Motorcycle parking; Landscaping scheme; 11

12 Compensatory tree planting; Boundary treatments; Hard-surfacing; External lighting; Drainage; Noise attenuation and including ventilation; Operational hours during construction; Parking to be provided and retained; Building and site security; No external plant, ventilation equipment, meter boxes, vents, flues, aerials, satellite dishes etc without written approval; Exterior of building to be completed in accordance with approved plans and details prior to occupation; Contaminated land remediation Refuse storage Kitchen ventilation equipment Visibility splays Public Art Targeted recruitment and training Development to be used for the purposes applied for (residential care home and supported living accommodation for adults with physical disabilities or learning difficulties) Case Officer : Phillip Walker Telephone No : Head of Development Control Stephen Alexander 12

13 DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty s Stationery Office Crown Copyright. Wolverhampton CC Licence No Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Application No: 09/00825/FUL Location The Monkey House Public House, Kent Road, Wolverhampton Plan Scale (approx) 1:1250 National Grid Reference SJ Plan Printed Application Site Area 4356m 2 13

14 PLANNING COMMITTEE - 01-Dec-09 APP NO: 09/00776/FUL WARD: Park DATE: 25-Aug-09 TARGET DATE: 20-Oct-09 RECEIVED: APP TYPE: Full Application SITE: The Old Vine, Vauxhall Avenue, Wolverhampton PROPOSAL: Change of use from A4 (Drinking Establishments) to C3 Residential Apartments, to include a ground floor extension, canopy, internal and external alterations, associated car parking, boundary treatment and landscaping (Amended Description). APPLICANT: Dudley Estates Ltd Queens Court Trading Est Greets Green Road West Bromwich West Midlands B70 9EL AGENT: Mr D Jerrison Architectural Services 163 Hall Green Road West Bromwich West Midlands B70 2DZ COMMITTEE REPORT: 1. Site Description 1.1 The application site is the former Old Vine public house. The building is located centrally within the site and there is a parking provision around the building. 1.2 The site is in the Park Conservation Area. 1.3 The surrounding area is predominantly residential however there are a doctor s surgery, a hotel, restaurants and residential institutions nearby. 2. Application details 2.1 The application proposes to convert the existing building into residential accommodation to form five 2-bedroom apartments and one 1-bedroom apartment. The conversion would include a single storey extension to the south of the building. 2.2 It is proposed that the land to the north of the building would form a shared amenity space of approximately 200m². 2.3 To the south of the building it is proposed to create nine parking spaces. A one-way system would be introduced for vehicles to enter and exit the site. 2.4 It is proposed to install a boundary treatment around the perimeter of the site consisting of 1m high metal railings with hedge behind. 14

15 3. Planning History 3.1 Planning history relates to the operation of the former public house. 4. Constraints 4.1 Conservation Area 5. Relevant policies 5.1 The following UDP policies are considered relevant: D1 - Design Quality D4 - Urban Grain D6 - Townscape and Landscape D7 - Scale - Height D8 - Scale - Massing D9 - Appearance D13 - Sustainable Development Natural Energy C3 Community Meeting Places H1 - Housing H6 - Design of Housing Development AM12 - Parking and Servicing Provision AM15 - Road Safety and Personal Security EP5 - Noise Pollution 5.2 The following Supplementary Planning Guidance is considered relevant: SPG3 - Residential Development 6. Neighbour notification and publicity 6.1 Five representations were received and a petition containing 51 signatures. Representations were also received from CAMRA. Objections to the proposal are on the following grounds: Building will become a hostel and not form private residential dwellings. Increased levels of anti-social behaviour and the fear of crime associated with this. The proposals will exacerbate existing parking problems. Application has not satisfied policy C3 of the adopted UDP. Insufficient amenity space. 7. Internal consultees 7.1 Planning Conservation Team No objection to the principle, subject to the receipt of adequate additional information to show a main entrance to the front of the building, window details to be submitted (including deletion of UPVC window proposal), satisfactory details of boundary treatment and landscape proposals. 7.2 Environmental Services No objection subject to conditions regarding sound attenuation measures and the restriction of hours of operation during construction. 15

16 7.3 Transportation Development No objection to the principle of the development however amended plans and additional information are required to revise the access and circulation system and demonstrate vehicles can adequately manoeuvre in the site, disabled, cycle and motorcycle parking should be detailed and demonstration of adequate visibility splays. 7.4 Access Team No objection subject to provision of level or ramped access to the building. 7.5 Planning Policy Section The principle of residential development in this location is acceptable subject to the receipt of satisfactory additional information to justify the loss of the community meeting place in accordance with policy C3. 8. Appraisal 8.1 The key issues are:- Principle of residential development Design and layout Parking and access Impact on neighbour amenity Noise and disturbance during construction/conversion Principle of residential development 8.2 The site is located in a predominantly residential area and therefore the principle of residential development is considered acceptable. However this would be subject to the loss of the public house and its operation as a community meeting place being satisfactorily justified in terms of policy C The application does not provide adequate information to justify the loss of the public house in terms of policy C3. The applicant has been requested to the submit information to address the planning application in terms of this policy. Design and layout 8.4 The application proposes to retain the existing building and extend it at ground floor level; the extension would be in keeping with the existing form and design of the building. It would be acceptable in terms of policy D1 and D9 which require that proposals demonstrate a high standard of design and make a positive contribution to the locality. 8.5 The application proposes to introduce a number of new UPVC windows as part of the development; the existing windows are metal framed. The applicant has been advised to amend this detail to ensure UPVC windows are not installed as part of the development as this would not be in keeping with the existing window detail. This would be contrary to policy HE5 as it would not preserve or enhance the appearance of the Conservation Area and would detract from the buildings appearance. 8.6 The application proposes to introduce new boundary treatment to provide enclosure and security to the amenity space for the apartments. Due to the prominence of the development in the Park Conservation Area the applicant has been requested to submit details of the proposed boundary treatment. Further details regarding proposed landscaping and pedestrian access into the site have been requested. 8.7 The proposed development would create a shared amenity space to the north of the building, this would cover an area approximately 200m². The scale and practical use of the space is constrained by the existing building. In this case it is considered that the amenity for future occupiers of the apartments would be acceptable in accordance with 16

17 policy H6 of the adopted UDP. This requires that housing development provides attractive, green residential environments with adequate amenity space. Parking and Access 8.8 The provision of nine car parking spaces (including one disabled space) would be adequate to meet the parking demand generated from the residential apartments. 8.9 The applicant has been advised to amend the layout plan to show a proposed disabled parking bay and to reverse the one-way system to provide a more direct access onto Tettenhall Road. Amended plans have also been requested to provide cycle and motorcycle parking and adequate visibility splays Upon receipt of satisfactory information the proposal would be in accordance with policies AM12 and AM15 which requires that adequate levels car (including disabled), cycle and motorcycle parking are provided and that the development would improve road safety and personal security. Impact on neighbour amenity 8.11 Local residents have raised concerns that the proposed conversion may become a hostel or a residential institution. The application has been made to convert the building into residential dwellings. The approval of this application would not give permission for the use of the building as a hostel and planning permission would be needed to change it into a hostel. Noise and disturbance during construction/conversion 8.12 It is acknowledged that during the construction period there would be an inevitable level of disturbance; however it is considered that a condition restricting the hours of operation would avoid disturbance at inappropriate hours. Upon completion of the development, it is considered that the proposal would not cause any significant levels of noise and disturbance. 9. Conclusion 9.1 The application has not been supported with adequate information to justify the loss of the public house as a community meeting place in compliance with policy C3 of the adopted UDP. Additional information has been requested to see if the requirements of this policy can be met to justify to the loss of the public house. This information is awaited. 9.2 Provided requirements of policy C3 can be satisfied the principal of the conversion of the former public house into residential apartments is acceptable. Amended plans have been requested to address window details, internal layout to maximise solar gain, boundary treatments, pedestrian access and landscaping of and access to the amenity space. Providing that these matters can be satisfactorily addressed the proposed development would be in accordance with policy D1, D9 and HE5 which requires that proposals demonstrate a high standard of design, make positive contribution to the locality and preserve or enhance the character and appearance of the conservation area. 9.3 The conversion of the former public house to residential apartments would not adversely affect the existing residential amenity. The building formally operated as a public house and it is considered that the proposed change of use would generally improve the residential amenity enjoyed by the occupiers of surrounding properties. The development is considered to be in accordance with policy H6 which requires that the design of residential development protects the amenity of neighbouring residents. 17

18 9.4 The parking and access arrangements are generally in accordance with policies AM12 and AM15, subject to minor alterations and amendments. Further information to demonstrate disabled parking, cycle and motorcycle parking, revised access and egress arrangements with visibility splays demonstrated are required. These have been requested amended/additional information is awaited. 10. Recommendation 10.1 Delegated authority to the Director for Sustainable Communities to Grant subject to: (i) (ii) (iii) The receipt of satisfactory additional information to justify the loss of the public house as a community meeting place in terms of policy C3. The receipt of satisfactory amended plans/information to address paragraphs 10.2 and Conditions to include: Submission of materials Window details Landscaping Hours of operation during construction Sound attenuation Bin store design Cycle parking Surface treatment Boundary treatments Amenity areas shall not be used for any other purpose including parking Access to amenity areas Case Officer : Mark Elliot Telephone No : Head of Development Control Stephen Alexander 18

19 DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty s Stationery Office Crown Copyright. Wolverhampton CC Licence No Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Application No: 09/00776/FUL Location The Old Vine, Vauxhall Avenue, Wolverhampton Plan Scale (approx) 1:1250 National Grid Reference SJ Plan Printed Application Site Area 956m 2 19

20 PLANNING COMMITTEE - 01-Dec-09 APP NO: 09/00749/OUT WARD: Tettenhall Wightwick DATE: 12-Oct-09 TARGET DATE: 07-Dec-09 RECEIVED: APP TYPE: Outline Application SITE: Sharow, 21 Perton Road, Wolverhampton PROPOSAL: Outline Application. Erection of two bungalows and associated access. APPLICANT: Mrs J Mason Sharow 21 Perton Road Wolverhampton WV6 8DN AGENT: Mr J Mewis JNM Engineering 84 Lloyds Head Jackfield Ironbridge TF8 7LZ COMMITTEE REPORT: 1. Site Description 1.1 The site forms part of the rear garden of 21 Perton Road. To the south of the site is Swallowdale a residential cul-de-sac and point of access to the proposed site. The culde-sac consists of a mixture of single and two storey dwellinghouses. 1.2 The garden serves 21 Perton Road, this is a large detached dwellinghouse located on a spacious plot of land. The adjacent dwellings along Perton Road are generally detached with spacious rear gardens. The rear garden area of 21 Perton Road is larger than those adjacent by approximately 40m in length and has an existing vehicular access off Swallowdale. 2. Application details 2.1 Outline planning permission is sought in respect of access, layout and scale of development with appearance and landscaping reserved. 2.2 The application is for the erection of two detached single storey dwellings. These would be sited to the west of 28 Swallowdale and accessed from a shared driveway. This currently serves this property but is in the ownership of the applicant. 2.3 The proposed single storey dwellinghouses would have a rear garden amenity space approximately 15m long. Each dwellinghouse would have a private driveway and individual garage. 2.4 The application has been supported by an arboricultural report which proposes to retain a number of trees as part of the development, none of which are the subject of a TPO. 2.5 The application is not within a designated nature conservation area; however the application has been supported by a potential bat roost survey. 20

21 3. Planning History 3.1 None relevant 4. Constraints 4.1 Tree Preservation Order - TPO Ref: 06/00043/TPO on adjacent site. 5. Relevant policies 5.1 The following UDP policies are considered relevant D1 - Design Quality D4 - Urban Grain D6 - Townscape and Landscape D7 - Scale - Height D8 - Scale - Massing D9 - Appearance D13 - Sustainable Development Natural Energy H1 - Housing H6 - Design of Housing Development N7 - The Urban Forest N9 Protection of Wildlife Species AM12 - Parking and Servicing Provision AM15 - Road Safety and Personal Security 5.2 The following Supplementary Planning Guidance is considered relevant SPG 2 Access for Disabled SPG 3 Residential Development 6. Neighbour notification and publicity 6.1 Three representations were received and a petition containing 12 signatures. These objected to the proposal on the following grounds: Existing infrastructure unable to cope with increase in traffic Pedestrian safety Access unacceptable for emergency/service vehicles Adversely affect neighbour amenity Unacceptable loss of trees Noise disturbance during construction Unacceptable visual impact Undesirable precedent Loss of residential garden area Increased noise disturbance from vehicular movement 21

22 7. Internal consultees 7.1 Environmental Services No objection subject to a condition restricting hours of operation during construction. 7.2 Transportation Development No objection, subject to the provision of a bin store within 25m of the highway and a passing area at one end of the access road. 7.3 Tree Officers No objection subject to conditions requiring details of road surface construction and sewer connections. 7.4 Ecology No comments received at the time of writing. 8. External consultees 8.1 Fire Department No objection 9. Appraisal 9.1 The key issues are:- Principle of residential development Design and layout Parking and access Trees Neighbour amenity Bats Principle of residential development 9.2 The land forms parts of the unusually large rear garden area to 21 Perton Road. The surrounding area consists of a mixture of residential development, it is therefore considered that the principle of residential development in this location to be acceptable. This would be in accordance with policy H6 which requires that residential development is compatible with adjacent uses. 9.3 Although the development would result in the loss of part of the rear garden area serving 21 Perton, this property currently has a much larger rear garden than those adjacent properties and therefore is an exceptional circumstance that would not set a precedent for backland development in the vicinity. The loss of this rear garden space would not be detrimental to the amenity levels for the occupiers of 21 Perton Road as the remaining space would serve adequately to provide a green residential environment in accordance with policy H6 of the adopted UDP. Design and layout 9.4 The site would be accessed from Swallowdale across an existing access drive that is used by the occupiers of 28 Swallowdale. This access drive would be extended to serve a total of three dwellinghouses. The fire service has raised no objection to the principal of extending this drive and therefore this arrangement is considered acceptable. 9.5 The application details the layout of two single storey dwellinghouses. The dwellings would be on an east/west orientation with the front elevations set approximately 15m away from the side boundary of 28 Swallowdale. Each dwelling would have a rear garden amenity space approximately 15m long and in terms of policy H6 would provide an attractive green residential environment. 22

23 9.6 The form and scale of dwellings along Swallowdale is varied and there is a mixture of single and two storey dwellinghouses. It is considered that the scale and siting of the buildings would be compatible within the established form, pattern and character of the vicinity. This would be compatible with policy D4 and H6 of the adopted UDP as well as guidance provided in SPG 3 Residential Development relating to residential development in built up areas. These seek to ensure that development responds positively to the established streets and buildings to create a development of an appropriate scale and density. Parking and Access 9.7 The access by 28 Swallowdale is of adequate width to accommodate the number trips likely to be generated by the occupiers of the proposed dwellings. Transportation has requested that a passing space be provided at one end of the access drive. However given limited trips that would be generated by the scale of the development, the potential impact on existing trees and the increase hardstanding to the residential environment the adverse impact this may have would not justify its inclusion. The proposed parking and access arrangements are satisfactory and in accordance with policy AM12 and AM15 of the adopted UDP which seek to provide adequate parking provision and improve road safety. Trees 9.8 There are a number of trees within the application site, however none are currently protected. The arboricultural report does state that a number of trees would be retained as part of the development. The proposed access drive does lie in close proximity to a band of trees, marked for retention, along the southern boundary of the site. It is therefore necessary that a construction method statement for the driveway is provided prior to the commencement of development. Details of the proposed sewer connection are also required prior to the commencement of development. This would ensure that the development is in accordance with policy N7 which seeks to maintain trees within the streetscene. Neighbour amenity 9.9 The immediately adjacent dwellinghouses are located on Swallowdale and to the west on Perton Brook Vale. The proposed dwellings would be single storey and set some 15m away from the east and west boundaries of the site. By reason of their location, scale and massing the proposed buildings would not adversely affect amenity in respect of outlook, loss of daylight or loss of privacy and would be in accordance with policy D The introduction of two additional dwellings to Swallowdale would increase the vehicular movement to serve these properties, however this movement is unlikely to be significant and would not have a detrimental impact on the existing residential environment. Local residents are concerned about pedestrian safety, however as the development would only create two single storey dwellings accessed from an existing private drive it is not considered that the development would adversely affection pedestrian safety and the development would be in accordance with policy AM15 which seeks to improve road safety It is acknowledged that during the construction period there would be an inevitable level of disturbance; however it is considered that a condition restricting the hours of operation would avoid disturbance at inappropriate hours. Upon completion of the development, it is not considered that the proposal would cause any significant levels of noise and disturbance. Bats 9.12 Comments from the council s ecology officer on the potential bat roost survey are awaited. 23

24 10. Conclusion 10.1 The surrounding land use is residential and therefore the principle of residential development in this location is considered acceptable. Although the development site forms part of the rear garden to 21 Perton Road, the development site would leave adequate rear amenity space to serve this property. The scale of the development would be compatible with the established form, pattern and character of the vicinity. The proposed plot size and rear amenity provisions are appropriately sized and would provide an acceptable residential amenity for future occupiers of the dwellinghouses. The development would be in accordance with policies D1, D4 and H6 and guidance provided in SPG 3 Residential Development The dwellings are of an appropriate scale and by reason of their position would be an acceptable distance from the closest adjacent dwellinghouses to avoid adversely affecting their existing residential amenity. The dwellings would be accessed via a shared driveway with 28 Swallowdale. As the driveway would only served three dwellings it would only be used by occupiers and visitors and it is considered that the width is appropriate to serve this number of properties and would be in accordance with policy AM12 and AM15 of the adopted UDP The arboricultural report is satisfactory and proposes the retention of a number of trees; this is subject to a condition requiring a construction method statement for the proposed driveway and details of the proposed sewer connection to ensure that those trees and their root systems are not damaged by the proposed development Comments are awaited from Ecology regarding the potential bat roost survey. 11. Recommendation 11.1 Delegated authority to the Director of Sustainable Communities grant subject to: (i) (ii) No overriding issues being raised by Ecology Conditions to include Submission of reserved matters Submission of materials Restriction of hours of operation during construction Construction method statement Details of sewerage connection Bin store Case Officer : Mark Elliot Telephone No : Head of Development Control Stephen Alexander 24

25 DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty s Stationery Office Crown Copyright. Wolverhampton CC Licence No Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Application No: 09/00749/OUT Location Sharow, 21 Perton Road, Wolverhampton Plan Scale (approx) 1:1250 National Grid Reference SJ Plan Printed Application Site Area 1742m 2 25

26 PLANNING COMMITTEE - 01-Dec-09 APP NO: 09/00828/RP WARD: Spring Vale DATE: 06-Oct-09 TARGET DATE: 01-Dec-09 RECEIVED: APP TYPE: Retrospective Planning Permission SITE: The Spread Eagle Public House, 358 Birmingham New Road, Wolverhampton PROPOSAL: Retrospective Application. Part change of use of car park to hand car wash. APPLICANT: Mr AM Mustafa St Andrew's House 55 Evans Street Wolverhampton WV6 0PW AGENT: Mr M. Gay 55 Bellencroft Gardens Merry Hill Wolverhampton WV3 8DU COMMITTEE REPORT: 1. Site Description 1.1 The area is mixed in character, though the predominant land use in the immediate vicinity is residential. The application site is a large public house and café prominently located adjacent to the junction of Ettingshall Road and Birmingham New Road. The plot is of a spacious character, with the public house building located towards the south of the site, adjacent to the relatively recently converted/extended Tesco House residential apartment building. The car parking is located at the front, side and rear of the site. The north/west tip of the site is landscaped with grass. There are a number of residential properties located directly to the south of the site, and immediately to the north and west, (the latter only being separated from the site by the highway). The site is accessed by two wide entrance points, one to the north and a second to the south. 2. Application details 2.1 The application seeks retrospective planning permission for a partial change of use of a small area of the car park as a hand car wash. 3. Constraints Authorised Process Landfill Gas Coal Mining 26

27 4. Relevant policies UDP Policies D1 - Design Quality D9 Appearance EP1 Pollution Control EP5 - Noise Pollution D13 Sustainable Development EP6 Protection of Watercourses and Canals EP9 Sustainable Drainage Arrangements for Development AM12 Parking and servicing Provision AM15 Road Safety and Personal Security 5. Neighbour notification and publicity 5.1 One representation received offering support for the proposals and four objections to the proposals. A summary of the objections follows: Commercial development in a residential area, Signs advertising the premises are unsightly, Site is currently untidy and the grassed area around the site is unkempt, There are three other facilities within a ½ mile radius, Increase in traffic and disturbance, Views from windows are dominated by the car wash and loss of privacy, Existing floodlight represents a danger to highway safety, Loss of property values, Concerns regarding appropriate drainage. 6. Internal Consultees 6.1 Transportation awaiting response 6.2 Environmental Services consider that there should be adequate measures in place to prevent the escape of any foul water from the premises. This includes preventing the escape of such water across any public pathways/pavements and into neighbouring properties. Any storm and foul water drains on site must be adequate and designed to remove all effluent. 6.3 At the time of writing this report there have been no noise/disturbance complaints received for this site. However, the site is close to a number of residential premises. Therefore, in order to limit the potential for complaints, it is recommended that the following conditions are applied to any consent. (i) Hours of trading should be restricted to: hrs hrs Mon to Sat hrs hrs Sun (and Bank holidays) (ii) No diesel powered tools should be used. (iii) No vehicle repairs or other commercial activity should take place on the application site. (iv) Clear signage should be displayed requesting that car engines and audio equipment be switched off. 7. External Consultees 7.1. Severn Trent Water awaiting response. Details of drainage system will be sent to Severn Trent Water when received, see paragraph 8.5 below. 27

28 8. Appraisal 8.1 Key issues Neighbour amenity Design & appearance Highway safety Drainage issues Non-material issues Neighbour amenity 8.2 Planning policies EP1 and EP5 aim to protect neighbour amenity and prevent undue harm and disturbance. Environmental Services have raised no objections to the proposals, subject to suitable amenity protecting conditions being imposed. Therefore, in order to protect neighbour amenity, and in accordance with policies EP1 and EP5, it is considered appropriate to impose conditions restricting the hours of operation, prohibiting the use of diesel powered tools, installing signage stipulating that car engines and audio equipment be switched off and that any lighting used will be of such specification, siting and direction, that there is no loss of amenity. Design and appearance 8.3 There are no design implications, the area of land utilised in the car wash operation is already hard standing and dedicated to car parking. There are no new structures or buildings related to the car washing facility. The proposals are considered in accordance with policies D1 and D9. Highway safety 8.4 The site currently provides customer parking for 41 vehicles, the proposals seek to utilise nine of these spaces. It is considered that there is likely to be sufficient remaining car parking spaces to service the existing adjacent café. Moreover, following the evening closure of the car wash, the spaces will return to public house use. The proposals would appear to be in accordance with policies AM12 and AM15, subject to no adverse comments being received from Transportation. Drainage issues 8.5 The operation of a hand car wash business would generate a large amount of contaminated water due to the nature of the business. Policy EP6 and EP9 seek to protect the quality of groundwater and ensure drainage is achieved by sustainable means. The application does not provide sufficient detail for the safe disposal of trade effluent or drainage details and therefore an assessment of the proposal against these policies could not be made. Amended plans showing the full extent of the proposed drainage system, including an interceptor, have been requested. The agent has said that he will submit these details prior to Planning Committee. These will be forwarded to Severn Trent Water for their consideration as soon as they are received. Non-material issues 8.6 The issues of objection described in paragraph 5.1 pertaining to the unkempt appearance of the open landscaped area, the presence of other similar operations within ½ of the application site and the potential loss of property values, are not considered to be material planning considerations. 28

29 9. Conclusion 9.1 The proposed change of use is in accordance with adopted Council policies EP1, EP5, D1, D9, AM12 and AM15, and is considered acceptable subject to no adverse comments being received from Transportation, conditions protecting neighbour amenity and, in accordance with policies D13 and EP9, the submission and implementation of an appropriate drainage system and clearance from Severn Trent Water on the drainage scheme within two months of the date of the grant of planning permission. 10. Recommendation Delegated authority to grant planning permission subject to no adverse comments being received from Transportation, and if satisfactory plans and information is received addressing the sustainable drainage issues, subject to clearance from Severn Trent Water, as set out in paragraph 8.5. Any necessary conditions including: 1. Hours of operation. Relevant UDP policies: EP1 and EP5 2. No diesel powered tools shall be used. Relevant UDP policies: EP1 and EP5 3. Clear signage shall be displayed requesting that car engines and audio equipment should be switched off. Relevant UDP policies: EP1 and EP5 4. All lighting used should be of such specification, siting and direction, that there is no loss of amenity. Relevant UDP policies: EP1 and EP5 5. Implementation of sustainable surface water drainage system (subject to approval by local planning authority) within two months. Relevant UDP policies: D13, EP6 and EP9 Case Officer : Andy Johnson Telephone No : Head of Development Control Stephen Alexander 29

30 DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty s Stationery Office Crown Copyright. Wolverhampton CC Licence No Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Application No: 09/00828/RP Location The Spread Eagle Public House, 358 Birmingham New Road, Wolverhampton Plan Scale (approx) 1:1250 National Grid Reference SJ Plan Printed Application Site Area 3846m 2 30

31 PLANNING COMMITTEE - 01-Dec-09 APP NO: 07/01783/OUT WARD: Ettingshall DATE: 18-Dec-07 TARGET DATE: 18-Mar-08 RECEIVED: APP TYPE: Outline Application SITE: Battery Rolled Metals Factory, Cable Street, Wolverhampton PROPOSAL: Outline application with all matters reserved except for access. Mixed use development of residential and commercial. APPLICANT: Woodford Land Limited C/o Agent AGENT: Pegasus Planning Group 5 The Priory Old London Road Canwell Sutton Coldfield B75 5SH COMMITTEE REPORT: 1. Purpose of Report 1.1 To update Committee and make a recommendation. 2. Background 2.1 The application was reported to Planning Committee on 20 th May Committee resolved to delegate authority to the Director of Sustainable Communities to approve planning permission subject to satisfactory amended layout plans, negotiation (taking account of financial viability) and signing of a S106 agreement and conditions. The Committee report is appended as Appendix A. 2.2 The application was reported to Planning Committee on 1 st September 2009 as the applicant had requested a reduction in the usual Section 106 requirements on the grounds of financial viability. An offer of 16 affordable units (10.3% of the total number of residential units) was offered. 2.3 Committee accepted the recommendation and resolved to approve the application subject to a Section 106 Agreement for the following:- (i) (ii) Provision of 16 affordable housing units for rent and/or shared ownership which shall be built and transferred to an RSL before building the open market housing and with an agreed phasing plan; If at 3 years from the date of the Section 106 the affordable housing has not been built and transferred to a housing association a further financial viability appraisal shall be submitted and appraised at the expense of the applicant and a further S106 agreement entered into to provide affordable housing on agreed terms on the basis of the revised appraisal. The committee Report (Appendix B) and minutes (Appendix C) are appended. 31

32 3. Updating 3.1 The agents have requested the waiving of the requirement to provide the affordable housing before the market housing is built. This is because the development is speculative and the uncertainty of the current economic climate is such that agreeing to the provision of affordable units before the market housing is very difficult to commit to. Also, this requirement would restrict the dispersing of the affordable housing across the site as a whole. 4. Appraisal 4.1 In order to make the site more marketable and to allow for the possibility of the affordable housing being distributed across the site, it is considered that a flexible approach is justified and that it would be acceptable for the provision of the affordable housing to be agreed at a later date, through the submission and approval of a phasing plan, prior to the commencement of development. 4.2 The phasing plan would need to show when and where the affordable housing would be provided, relative to the provision of the market housing. 5. Conclusion 5.1 The issue of whether to still grant planning permission for the development has been revisited. It is considered that the provision of 16 affordable units in accordance with an approved phasing plan subject to financial viability of the development being revisited if the affordable housing is not provided within 3 years from the date of the proposed Section 106 Agreement would be in accordance with UDP Policy IMR2 which states that in determining the nature and scale of benefits, regard may be had to economic viability of the scheme. Accordingly planning permission should be granted for the development. 6. Recommendation 6.1 Delegated Authority to the Director for Sustainable Communities to grant subject to: 1. A Section 106 Agreement for the following:- (i) Provision of 16 affordable housing units for rent and/or shared ownership shall be built and transferred to a Registered Social Landlord (RSL) in accordance with an approved phasing plan; (ii) If at 3 years from the date of this Committee meeting the affordable housing has not been built and transferred to a Registered Social Landlord, a further financial viability appraisal shall be submitted and appraised at the expense of the applicant and a further S106 agreement entered into to provide affordable housing on agreed terms on the basis of the revised appraisal; (iii) Provision and maintenance of on-site POS in accordance with the approved phasing plan; (iv) Management company for communal areas; (v) Residential travel plan; (vi) Workplace travel plan; (vii) Targeted recruitment and training; (viii) Safeguard area for canal bridge; (ix) Public access to canalside; 32

33 2. Conditions to include: Reserved matters for industrial units to be submitted within 5 years. Maximum number of residential units to be 154 (precise number to be in accordance with approved layout/floor plans); Industrial development to be restricted to Use Class B1c; Restrict Permitted Development Rights for extensions to dwellings and outbuildings; Details of foundations or any subsurface construction; Site investigation and scheme of mitigation for all of the site; (contamination, landfill gas and stability) Provision of landscaping; Provision of cycle stores and bin stores; Provision of car parking; Car park management plan Motorcycle/cycle parking (for employment development); Retention of gates/walls and piers; Sustainable drainage details; Lighting scheme; Noise assessment and mitigation measures; Maximum height of buildings Access control for parking courts; Improvement to bus stop on Bilston Road (inbound side and south of junction with Cable Street); Exterior of buildings to be completed in accordance with approved details prior to occupation. Case Officer : Jenny Davies Telephone No : Head of Development Control Stephen Alexander 33

34 34 Appendix A

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43 43

44 44 Appendix B

45 45

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48 48

49 49 Appendix C

50 DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty s Stationery Office Crown Copyright. Wolverhampton CC Licence No Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Application No: 07/01783/OUT Location Battery Rolled Metals Factory, Cable Street, Wolverhampton Plan Scale (approx) 1:2500 National Grid Reference SJ Plan Printed Application Site Area m 2