905 Aldridge Road, Great Barr, Birmingham, B44 8NS

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1 Committee Date: 24/07/2014 Application Number: 2014/00125/PA Accepted: 02/06/2014 Application Type: Full Planning Target Date: 28/07/2014 Ward: Oscott 905 Aldridge Road, Great Barr, Birmingham, B44 8NS Change of use of vacant premises into pizza takeaway (A5), erection of single storey rear extension, installation of flue to rear, new roller shutter and shop front. Applicant: Agent: Recommendation Approve Subject To Conditions Mrs Saima Ilyas 5 Star Pizza, Hill Top, West Bromwich,, Apex Design Architectural Services PO Box 3922, Wednesfield, Wolverhampton, WV11 3WX 1. Proposal 1.1. Planning permission is sought for the change of use of an existing vacant retail unit (Class A1) to a hot food takeaway (Class A5), erection of single storey rear extension to create an enlarged kitchen, veranda area leading to a toilet, installation of flue to rear, new roller shutter and shop front The new shop front would be the same as the existing, but with new transom for opening windows for natural ventilation, with double glazed doors and windows and roller shutters with minimum 55% transparency Three onsite parking spaces would be provided to the front forecourt area as existing The proposed opening hours are 1200 hours to 2330 daily. Proposed Plans 2. Site & Surroundings 2.1. The application site is a vacant two storey mid terrace commercial property on the ground floor with residential above within a small parade of shops fronting Aldridge Road. The application site is in between an A1 retail shop (N0. 903) and offices (No. 907). The surrounding area is a mixture of residential and commercial uses. Location Plan Street View Page 1 of 8

2 3. Planning History /07/ /02211/PA - Erection of extension to create new retail shop unit, installation of new shop front and erection of single storey rear extension Approved subject to conditions /06/ /05005/PA - Change of use to car sales Refused. 4. Consultation/PP Responses 4.1. Local ward councillors and surrounding occupiers notified 1 letter of objection has been received with the following concerns: Parking Use of spaces of the adjoining premises 4.2. Cllr Chatfield has objected to the application with the following comments: The area already suffers from a great quantity of litter associated with takeaways and the large numbers of students and nearby schools. Given the well-known issues of obesity amongst school aged children in this city I do not believe it would be appropriate to give permission for yet another hot food business with such close proximity to two secondary schools (Great Barr & Perry Beeches) and three primary schools (Glenmead, Perry Beeches and Great Barr). The area has huge transportation issues associated with the schools and the fact that it is a main commuter route into the city. Any additional traffic generated by this application should it be granted would inevitably lead to further parking problems. If permission is granted it would be useful to limit the permissible sales to just Pizza as this would mean a greater focus on delivery and thus reduce the potential for parking problems. Consideration by committee Transportation Development - No objection subject to conditions regarding boundary treatment Regulatory Services No objection subject to conditions relating to noise insulation, restricting the hours of use and details of the extract ventilation system and odour control equipment West Midlands Police Recommend an intruder alarm be installed, that the premises be subject of CCTV coverage and that the area around the proposed extension work be checked to establish if the work will provide offenders with any climbing aids Birmingham Public Health Provided the following comments: Should this application fall within 400m of a school within Birmingham and the school expresses concern about the impact upon the school healthy eating programme, we would recommend refusal. Should this application fall within the boundaries of a local centre within Birmingham and mean that there would be more than 10% of retail units occupied by A5s (in line with the 10% cap outlined in the adopted Local Centres Supplementary Planning Document), we would recommend that the application be refused. Page 2 of 8

3 5. Policy Context 5.1. National Planning Policy Framework Birmingham Unitary Development Plan Draft Birmingham Development Plan 5.4. SPD: Shopping and Local Centres SPG: Places for All SPG: Shop Fronts Design Guide 5.7. SPG: 45-Degree Code 6. Planning Considerations 6.1. The main issues to take into consideration are whether the proposed development would have any detrimental impact on the vitality and viability of the area and whether any harm would be caused to surrounding amenity and highway safety The fundamental policies in assessing this application are 8.7 of the Birmingham Unitary Development Plan 2005 (UDP) and Policy 6 of the newly adopted Shopping and Local Centres (SPD) Policy 6 of the newly adopted Shopping and Local Centres (SPD) states that: In order to avoid an over concentration of Hot Food Takeaways (A5), no more than 10% of the units within a parade or frontage shall consist of hot food takeaways. Applications for a change of use to A5 will normally be refused where this figure has or will be exceeded Policy 8.7 of the UDP requires account to be taken of the impact that an A5 use would have on the vitality and viability of the frontage and centre of which it forms part, with account also being taken of the character and prosperity of the centre (e.g. as evidenced by the number of vacant units) Supplementary Planning Guidance "Places for All" and "45 degree Code" state extensions to buildings shall not detract from that building or the general appearance of the street or locality. The aim is to protect visual amenity of the immediate area Principle of use Out of the parade of 5 commercial units, none are currently hot food takeaway (A5) establishments. Two of the five units (Nos. 901 and 903) to the north of the site are retail shops and the others being offices to the south. By allowing this proposal, it would mean that a total of 20% percent of the parade would be hot food take away (A5) establishments. However, the Shopping and Local Centres (SPD) also states that: In parades of frontages which have fewer than 10 units, one A5 use may be permitted subject to meeting other policy considerations e.g. where there is no adverse impact on the amenity of residents Vitality and viability There are no existing units in A5 uses within this frontage. There is no primary frontage policy applicable. I therefore consider the overall vitality and viability would not be materially harmed by the proposed change of use Cumulative impact There is only one other A5 unit within immediate area of the application site on the opposite side of Aldridge Road. As such no adverse cumulative impact is identified Page 3 of 8

4 6.9. Visual amenity The design of the proposed extension is considered to be in scale with the existing and neighbouring premises. The proposed extension and extraction flue would be located to the rear of the building and would not be visible from the public realm due to it being located to the rear. It is considered that they would not detract from the character and built form of the building and it is therefore considered to be acceptable in terms of visually amenity. The proposal is therefore consistent with Policy 3.10 of the Birmingham UDP Whilst adopted shop front design guidance usually seeks the installation of traditionally designed shop fronts, it also notes that shop fronts should not be designed in isolation, but should be considered in relation to the composition of the building and to the adjoining buildings The new shop front would relate well with and be in proportion to other shop fronts in the area and thus would accord with the Shop Fronts Design Guide. There would be no adverse effect on the visual amenity of the surrounding area. No adverse impact on other properties identified The proposed roller shutters would be situated on the front elevation of the premises across the width of the new proposed shop front. The proposed shutter box would be recessed. The plans state the roller shutter will be a minimum of 55% perforated in order to comply with Shop Front Policy on roller shutters. However, I note your policy requires such shutters to be punch slat opening instead and I therefore recommend a condition to secure this Residential amenity Regulatory Services raise no objection to the proposed development subject to safeguarding conditions relating to noise insulation, restricting the hours of use and details of the extract ventilation system and odour control equipment. I concur with this view. The proposed opening to 2330 daily at the latest is within the opening times normally permissible under UDP policy with living accommodation in the vicinity. I consider that residential amenity would not be affected subject to such conditions In terms of the residential amenity of neighbouring properties, the proposed extension would not overlook or overshadow the neighbouring properties. The proposal would not conflict with the 45 Degree Code due to existing adjacent extensions and ground floor uses being commercial Highway safety Transportation Development raise no objection to the proposed development subject to a condition regarding boundary treatment (bollards). I concur with this view. During a recent site visit it was observed that some car-borne customers to the adjacent commercial uses (including the Nisha supermarket and other A1 use at 903) parked on the unrestricted part of Aldridge Road to the south side of the junction with Dyas Road, i.e. away from the junction and visited the premises. The railings located opposite this junction are there to stop pedestrians crossing Aldridge Road within those parts, however they are likely also likely to deter vehicles parking outside that part too. The forecourt area outside the existing double gates would be available for parking associated with the proposed use, when gates are not in use (the gates did not appear to be in frequent use). The existing footway crossing provides vehicular access to the part of the site forecourt area. It is also considered that a hot food takeaway is likely to be busier during evening periods, compared to the day time, when other adjacent commercial uses might be closed/closing down Page 4 of 8

5 with reduced levels of on street parking demand. The site also has a good level of accessibility to public transport. Therefore, no objection raised to the proposal subject to condition as below A number of vehicles were observed using the existing access to the site to access the forecourt area of the shops within this group, driving through the gap between the existing bollard on the footway and any vehicle on the forecourt area and on the footway. The proposed use would be likely to increase this type of vehicle manoeuvre, which would have further negative impact on highway safety. Therefore, it is recommend that a condition to provide boundary treatment (bollards etc.) along the site boundary (including both side boundaries) apart from the part fronting footway crossing in order to prevent the above referred vehicle manoeuvres on footways and restrict the vehicular access to footway crossing only is attached Public health I note the comments provided by Birmingham Public Health that if a school site falls within 400 metres of the application site, and if the school expresses concern about the impact on the schools healthy eating programme, then they would recommend refusal. In response, I note that Great Barr Junior and Infant School and Great Barr Secondary School are the closest schools located within 400 metres to the north of the site. However, despite being both consulted no response has been received from either of the schools. I therefore raise no objection to the proposal on public health grounds Litter A condition requesting the provision of a litter bin to address the litter in the area raised by Cllr Chatfield is recommended. concern regarding 7. Conclusion 7.1. The proposed use is acceptable in this location for the reasons outlined earlier in this report and is not expected to harm the vitality and viability of the area. Subject to safeguarding conditions, there would be no adverse impact on neighbour amenity. Full planning permission should be granted for the proposed development. 8. Recommendation 8.1. Approve subject to the following conditions. 1 Limits the hours of use to daily. 2 Limits delivery time of goods to or from the site to daily. 3 Requires the prior submission of a litter bin 4 Requires the scheme to be in accordance with the listed approved plans 5 Requires that the materials used match the main building 6 Roller shutter details 7 Requires the prior submission of extraction and odour control details 8 Requires the prior submission of noise insulation Page 5 of 8

6 9 Requires the prior submission of boundary treatment (bollards) details 10 Limits the approval to 3 years (Full) Case Officer: Stephanie Salmon Page 6 of 8

7 Photo(s) Figure 1 Application Site Page 7 of 8

8 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 8 of 8