The Horizon, 54 New Coventry Road, Sheldon, Birmingham, B26 3BB

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1 Committee Date: 17/07/2014 Application Number: 2014/02479/PA Accepted: 22/04/2014 Application Type: Full Planning Target Date: 22/07/2014 Ward: Sheldon The Horizon, 54 New Coventry Road, Sheldon, Birmingham, B26 3BB Erection of 2 residential blocks (up to 8-storeys) to provide 107 flats with ancillary gym and coffee bar, together with the retention of 13 parking bays to the edge of the landscaped podium at the rear of the previously constructed Block A, and amendment to the site access to be solely from New Coventry Road Applicant: Agent: Grant Estates 7th Floor, Metropolitan House, 3 Darkes Lane, Potters Bar, Hertfordshire, EN6 1AG IDPartnership - Midlands 27 Spon Street, Coventry, CV1 3BA Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. Planning permission is sought for the erection of 2 residential blocks (up to 8- storeys) to provide 107 flats with ancillary gym and coffee bar, together with the retention of 13 parking bays to the edge of the landscaped podium at the rear of Block A, and an amendment to the site access to be solely from New Coventry Road The difference between the 2 proposed residential blocks and the extant permission would be an additional floor of accommodation, increasing the block fronting Coventry Road to 5-storeys, which along with internal alterations would provide an additional 13 flats to that originally approved. The existing and two proposed residential blocks would accommodate a total of 153 flats The complete development would create a 'H' shape fronting onto the Coventry Road and New Coventry Road with a central link between. The development would retain surface level and underground parking. The central element would be 8- storeys but would step down towards the Coventry Road and New Coventry Road frontages. It would be of a traditional, modern design with roof terraces and balconies. Materials would predominantly comprise of red brick, render and terracotta tiling, with buff block work and cladding panels at lower and upper levels respectively Of the 107 flats currently proposed, there would be 64no 1-bed units, and 43no 2- bed units. The whole scheme includes 153 units comprising of 82no 1-bed units and 71no 2-bed units. Page 1 of 10

2 1.5. The proposals would seek to amend the access arrangements to remove the Coventry Road access and retain the New Coventry Road as the sole access. A total of 229 parking spaces would be provided at 150%. The proposed development includes provision for cycle and refuse storage The private communal amenity space would be located above the underground parking and would measure approximately 150sqm Site area: 0.46sqm Density: 333 dwellings per hectare. Proposed Site Plan Proposed Elevations 2. Site & Surroundings 2.1. The application site lies within the Coventry Road / New Coventry Road island. The site is at the City Centre end with the Coventry Road to the northeast serving outbound traffic and the New Coventry Road to the southwest serving inbound traffic. Both the Coventry Road and New Coventry Road are dual carriageway and form part of the Strategic Highway Network The site is currently occupied by a completed and two partially built residential blocks, with associated parking, which were approved under application 2006/05508/PA. The development was commenced in 2008/2009 but has not been completed. Although the site has frontages to both the Coventry and New Coventry Road, access is solely provided from New Coventry Road due to a ransom strip at the proposed Coventry Road access. There are level changes within the site Adjacent to the application site to the northwest is a petrol filing station with a car wash and cafe. British Telecom premises are adjacent to the site to the southeast. The British Telecom premises are predominantly single storey with a windowed, although predominantly blank, elevation facing the application site. Residential premises are beyond the British Telecom premises, within the island in the immediate vicinity of the site, comprising traditional 2-storey houses fronting the New Coventry Road and 3-storey flats fronting the Coventry Road. Traditional 2- storey dwellings are opposite the application site and either sides of the Coventry and New Coventry Roads. The dwellings are served by access roads and are set at a higher level than the Coventry and New Coventry Roads; trees between the access roads and Coventry and New Coventry Roads provide some screening between the existing dwellings and the application site. The site is within the Airport Safety Zone and a Wildlife Action Area. Location Plan Street View 3. Planning History /09/2003 App. No. 2003/03769/PA Change of use from office to hotel, approved with conditions. Page 2 of 10

3 /06/2007 App. No. 2006/05508/PA Demolition of building and erection of 140 apartments and associated infrastructure, approved. 4. Consultation/PP Responses 4.1. MP, local Ward Councillors, residents associations and adjoining occupiers notified. Site advertised by press and site notices letters of objection received from Cllr Mike Ward on behalf of a local resident and local residents on the following grounds: Highway safety; Loss of privacy; Too high; Visually obtrusive; Impact on local infrastructure/services letter of comment received from a local resident in relation to improving the communal facilities within the proposed development Transportation Raises concern over the following issues: Servicing arrangements details of the lay-by as agreed at the site meeting has not been provided; Removing of redundant vehicle accesses complicated by the ransom strip and absence of a current s278 agreement for the highway works that have taken place; Details of access gates - to open inwards; Requirement for retaining structure on Coventry Road frontage Regulatory Services No objections subject to conditions to secure a scheme of noise insulation to the proposed flats in relation to noise from: Road noise; Fitness suite; Underground parking and plant Severn Trent Water No objections subject to a condition relating to drainage Birmingham International Airport No objections but as the existing and proposed buildings infringe the airport safety zone known as the Inner Horizontal Surface, it is therefore important that there is no greater infringement of the safety zone through the addition of aerials and other structures West Midlands Fire No objections, but requires a fire fighting shaft and provision of suitable water supplies West Midlands Police No objections. 5. Policy Context 5.1. National Planning Policy: National Planning Policy Framework Relevant Local Planning Policy: Adopted UDP (2005); Page 3 of 10

4 Draft Birmingham Development Plan; Car Parking Guidelines SPD (2012); Places for Living SPG. 6. Planning Considerations 6.1. BACKGROUND 6.2. Application 2006/05508/PA for the erection of 140 apartments was approved by Members on 14 June 2007.The permission was only part-implemented before the developer went into administration and the company was subsequently liquidated. The site thereafter remained part-completed until early 2012 when the current applicant purchased the site with the intention finishing off the development as approved given that the permission was still extant. Block A was completed, and accompanied by a Deed of Variation to the legal agreement to permit the relocation of the affordable units from Block A into Blocks B and C which was authorised by Members of Planning Committee on 16 th August The current application seeks permission for the erection of two residential blocks (up to 8-storeys) to provide 107 flats with ancillary gym and coffee bar, together with the retention of 13 parking bays to the edge of the landscaped podium at the rear of Block A, and amendment to the site access to be solely from New Coventry Road. The difference between the proposed blocks and the extant permission would be an additional floor of accommodation, increasing the block fronting Coventry Road to 5-storeys, which along with internal alterations would provide an additional 13 flats 6.3. POLICY 6.4. Since the original approval, the National Planning Policy Framework has been adopted. The guidance within the National Planning Policy Framework is based upon a presumption in favour of sustainable development and the reuse of land that has previously been developed, which remains consistent with the adopted UDP that formed part of the policy context in the determination of the original application. It also advises that good design is a key aspect of sustainable development, and is indivisible from good planning and should contribute positively to making places better for people. Developments should respond to local character and reflect the identity of local surroundings and materials. The environment chapter of the UDP requires proposals for new development to respect the character of the area in which they would be located and respond in a positive way. Proposals which would have an adverse effect on the environment will not normally be allowed I consider the principle of redeveloping the site for residential purposes to be entirely consistent with both National and Local Planning policy and established with the existing consent. Whilst the Coventry Road / New Coventry Road island is mixed commercial / residential, the surrounding area is residential. The Coventry Road / New Coventry Road are also a main transportation corridor and a highly accessible location. The café and gym would be ancillary to the residential accommodation and do not therefore need to be considered separately. I consider the site suitably located for residential development subject to constraints being satisfactorily addressed DESIGN Page 4 of 10

5 6.7. The proposed building layout would be 'H' shaped and match that previously approved, with frontages to both the Coventry Road and New Coventry Road. I therefore raise no objections to the proposed layout The highest part of the proposed development would not exceed the highest part of the previously approved scheme i.e. 8-storeys. The proposals would however add an additional storey to the block fronting Coventry Road, making it 5-storeys, which along with some internal alterations would provide 13 additional flats or 107 in total for this phase of the development. Overall the site would contain 153 flats. The highest part of the development would remain concentrated within the centre of the site, with the blocks decreasing to between 3-storeys immediately adjacent to the Coventry Road and New Coventry Road. Overall the proposed development seeks to be 3/4 storey on the frontages with the fifth storey set back by approximately 2m on Coventry Road frontage. The proposed building would however appear 5-6 storeys from Coventry Road, allowing for level changes and the lower level car parking. Given that the height of the proposed buildings would not exceed the highest point of the extant permission and the additional floor of development would be set back from the Coventry Road frontage, I raise no objections to the height, scale and massing of the proposed development. As originally approved, alongside the stepping of height, the massing of the proposed building would be broken through the elevational treatment with the use of balconies and materials Places for Living seeks to protect amenities of occupiers of existing dwellings and requires an 5m per storey set back from boundaries where main windows overlook existing private amenity space and a distance of 27.5m between building faces where development would be 3-storey or above; the latter separation distance should be increased to take account of higher ground levels within application sites and should be more strictly applied in relation to rear elevations. The application site is adjoined by commercial uses, with the nearest residential uses within the island being 40m from the application site boundary; the proposed development does not therefore raise issues of overlooking and loss of light in relation to adjoining uses. In relation to residential uses opposite the site, approximately 28m would be achieved between the proposed development and the building faces of dwellings on the Coventry Road. In light of the previous extant approval, I do not consider that the proposed development would result in an unacceptable loss of amenity for occupiers of dwellings opposite the site Some 'first' double bedrooms are under your Committee's guidelines of 12.6sqm, however all would exceed second double bedroom standard, and therefore in line with the previous extant permission, I do not consider the standard of the accommodation proposed sufficient a reason to warrant refusal A 150sqm area of private communal amenity space would be provided at ground level above the underground parking, and approximately half of the proposed flats have access to balconies or roof terraces. Whilst the provision of amenity space per flat would be significantly under the guidelines of 30sqm per flat contained within Places for Living, a contribution to off-site public open space was secured and paid through the previous extant permission which would compensate for the shortfall. Furthermore, given the location of the site and size of the flats, it would be unlikely that families would live within the development, and the proposed private communal amenity space would be of a useable shape and size well related to the proposed flats, I do not consider this shortfall to be sufficient to warrant refusal in this instance HIGHWAY SAFETY Page 5 of 10

6 6.13. The proposals seek to remove the access onto Coventry Road and retain the surface level parking adjacent to the amenity space. Transportation raise no objections to the proposals in terms of the siting of the retained access, parking demand or traffic generation/distribution, but have raised concerns over the servicing arrangements, removal of redundant vehicle accesses, details of access gates and the requirement for retaining structure on Coventry Road frontage. The agent has however agreed the principle of providing a lay-by on New Coventry Road and inward opening gates for servicing. Whilst Transportation s preference is for this to be agreed upfront, it is my view that these details could be secured via condition along with the reinstatement of the redundant vehicle accesses and a retaining structure to Coventry Road S106 REQUIREMENTS Under the previous extant permission, a financial appraisal was submitted and in light of the economic viability of the scheme, and taking into account the importance to provide for improved pedestrian facilities, it was accepted that the following requirements should be provided for: * 120,088 towards the provision, improvement and maintenance of public open space and children's play facilities in the Sheldon Ward; * 10 affordable housing units (7% of units) comprising 6 2-bed shared ownership units with a Preferred Partner RSL and 4 1-bed low cost resale covenant units delivered at 66% open market value with parking spaces; * 100,000 towards improved pedestrian crossing facilities (surface level crossing facilities) Whilst the current scheme would individually generate a policy requirement for affordable housing and public open space/children s play. It is noted that the development is effectively an amendment of the previously approved extant permission, and would allow this partially constructed site to be physically regenerated removing a visual blight from a major transport route into the City. Furthermore, the monies towards the public open space/children s play and pedestrian crossing has already been received and spent. I am therefore of the view that the current proposals would only need to secure the outstanding obligation for affordable housing, which has not yet been provided. I have reviewed the financial appraisal and I am satisfied the scheme would not be viable with an increased affordable housing, or education, contribution. The agent has also demonstrated that there has been no interest from Registered Social Landlords in taking on the units, given the small number secured and the size of the units. Consequently, I have negotiated in conjunction with my Housing colleagues, the equivalent value as a commuted sum, which would be spent on providing affordable housing within Birmingham City Council s administrative area OTHER MATTERS The application site is located within an airport safety zone. Birmingham Airport raise no objections but advises the heights of the buildings are not increased through the addition of aerials and other structures given that approved and proposed buildings infringe the obstacle limitation surface known as the Inner Horizontal Surface. Conditions have therefore been attached to remove permitted development rights for aerials and to restrict the maximum overall height to m above mean sea level. 7. Conclusion Page 6 of 10

7 7.1 I consider the redevelopment of the site from offices to residential acceptable in principle and consider the proposed development acceptable in relation to design and transportation. Taking economic viability in to account, the proposed development would provide an appropriate commuted sum for the off-site provision of affordable housing. I therefore recommend the application be approved subject to conditions and satisfactory completion of a legal agreement. 8. Recommendation 8.1. i) That consideration of application number 2014/02479/PA be deferred pending the completion of a deed of variation to the original S106 agreement to secure : a) a commuted sum of 328,000, in staggered payments to require 32,800 to be paid prior to implementation, 147,600 prior to 40% occupation and the remaining 147,600 prior to 80% occupation, towards the provision of affordable housing within Birmingham City Council s administrative area or on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the Affordable Housing Sum provided this has been approved by the Council s Planning Committee And; b) payment of 1500 monitoring and administration fee associated with the deed of variation. 8.2 ii) In the absence of the completion of a suitable deed of variation to the satisfaction of the Local Planning Authority by no later than 21th July 2014, planning permission be refused for the following reasons: a) The proposed development does not make provision for Affordable Housing contrary to paragraphs G of the Birmingham Unitary Development Plan iii) That the Director of Legal and Democratic Services be authorised to prepare, complete and seal the appropriate deed of variation. 8.4 iv) That in the event of the deed of variation being completed to the satisfaction of the Local Planning Authority by no later than 21st July 2014, favourable consideration will be given to the application subject to the conditions listed below: 1 Requires the prior submission of level details 2 Requires the prior submission of a drainage scheme 3 Requires the prior submission of cycle storage details 4 Requires the prior submission of sample materials 5 Requires the prior submission of details of refuse storage 6 Requires the prior submission of a lighting scheme 7 Requires the prior submission of vehicle parking and turning details Page 7 of 10

8 8 Requires the prior submission of a parking management strategy 9 Requires the prior submission of details of a delivery vehicle management scheme 10 Requires the prior submission of details of a traffic management strategy 11 Requires the prior submission of a residential travel plan 12 Requires the prior submission of boundary treatment details 13 Requires the prior submission of hard and/or soft landscape details 14 Requires the prior submission of details of bird/bat boxes 15 Requires the prior submission of gate details 16 Requires the prior submission of extraction and odour control details 17 Requires the prior submission a noise study to establish residential acoustic protection 18 Requires the prior submission of noise insulation (variable) 19 Requires the scheme to be in accordance with the listed approved plans 20 Requires the prior submission and completion of works for the S278/TRO Agreement 21 Restricts maximum height of development to m above mean sea level 22 Requires the prior submission of an obstacle lighting scheme 23 Requires the prior submission of details of a retaining structure on Coventry Road frontage 24 Removes PD rights for telecom equipment 25 Limits the approval to 3 years (Full) Case Officer: Justin Howell Page 8 of 10

9 Photo(s) Figure 1New Coventry Road Frontage Figure 2View from North West Page 9 of 10

10 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 10 of 10