Former Bromford Inn Public House, Bromford Lane/Bromford Road, Washwood Heath, Birmingham, B8 2SD

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1 Committee Date: 21/08/2014 Application Number: 2014/02025/PA Accepted: 18/06/2014 Application Type: Full Planning Target Date: 17/09/2014 Ward: Hodge Hill Former Bromford Inn Public House, Bromford Lane/Bromford Road, Washwood Heath, Birmingham, B8 2SD Demolition of existing public house and construction of 69 dwellings comprising 20 houses and 49 apartments (including 37 units assisted living / sheltered accommodation), with 2 no retail units (Use Class A1), 1 no clinic health centre, veterinary surgery, creche or day nursery (Use Class D1) and community hub (Use Class D1/D2) with car parking and amenity space Applicant: Agent: Upward Developments/Upward Care 45 Reeves Street, Bloxwich, Walsall, WS3 2DL P J Planning Ltd 5 St Pauls Terrace, 82 Northwood Street, Birmingham, B3 1TH Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. Full planning application for the redevelopment of the former Bromford Inn (to be demolished) and the former Palmerscroft Aged Persons Home (site already cleared) for a mixed use development consisting of residential, community and commercial elements The western side of the site (former Bromford Inn) would contain a U-shaped 3- storey building. The ground floor would consist of 2no. A1 retail units (240sqm and 300sq), 1no. D1 non-residential institution unit (250sqm) and a D1/D2 Community Social Enterprise Hub (370sqm). To the rear of the community hub and to the upper floors above, would be 31 no. 1, 2, and 3-bed supported living apartments (use class C3b). These apartments would be self-contained, similar to warden controlled sheltered housing for the elderly, with residents having a care service delivered within their own homes. The applicant (Upward Care) would provide the care for people with learning disabilities. The applicant has been in discussions with Birmingham Social Services Commissioning Department, where it is recognised that there is a need for affordable housing options for adults with disabilities. The Community Hub would be a flexible space for use by residents of the assisted living accommodation as well as the wider community, particularly focused on the provision of care facilities. It is anticipated to encompass education and training, clinics, health centres, creches, day nurseries, day centre, libraries, halls and use for sports and recreation. 14no. 1 and 2-bed apartments would also be located above the commercial units. Page 1 of 12

2 1.3. Existing access points off Bromford Lane and Farnhurst Road would be modified to provide access to communal parking (29no. spaces) for the groundfloor units and dedicated parking (9no. spaces) for the community hub. The access off Farnhurst Road would be entrance/exit, whilst the access to Bromford Lane would be exit only. The communal parking area would also provide access to a private service road and delivery bay, leading to 17no parking spaces for residents of the private flats The external appearance of the building is relatively simple utilising facing brickwork and render as well as changes in roof form to visually break up the mass of the building. It also incorporates some traditional architectural features such as gables and stone cills, headers and string courses. A roof garden would be provided for residents of the private apartments and a Hub garden/learning zone/ amenity space would be provided to the north of the building adjacent to the boundary to the service road to the existing houses facing Bromford Road The eastern side of the site (former Palmerscroft Home) would be solely residential consisting of 22no. 2, 3 and 4-bed houses and a single building containing 4no. 1- bed apartments. The houses would be detached or semi-detached and 2 and 2.5 storey with accommodation provided within the roofspace. The external appearance of the houses is again relatively simple, incorporating traditional architectural features such as bay windows A new site access would be created off Bromford Road and the internal road design, reflects the homezone concept, with a mixture of on-plot and on-street parking (183% provision) The applicant is proposing the 37no. assisted living units (1, 2 and 3-bed, of which 31no. would be attached to the community hub, 4no. in the self-contained block facing Bromford Road and 2no. within the flats above the shops) as the affordable housing provision (54%) as well as a financial contribution of 80,000. The applicant are receiving a capital grant of 350,000 from the Council s Social Services Department in order to secure nomination rights for the 37 supported living units proposed. This is in addition to a loan facility of 2m from the Greater Birmingham and Solihull Local Enterprise Partnership as part of the Growing Places Fund The application is accompanied by, amongst others, a Transport Statement, Flood Risk Assessment, Tree Survey, Noise Assessment, Open Space Assessment, Ground Investigation and Ecological Survey The proposals have been screened under the provisions of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and there is no requirement for an Environmental Assessment. Site Master Plan Mixed Use Development Site Plan Residential Development Site Plan Bromford Lane and Farnhurst Road elevations Bromford Road elevation Page 2 of 12

3 2. Site & Surroundings 2.1. The application site measures a total of some 1.11ha and consists of two adjoining sites. The former Bromford Inn to the west contains a vacant and quite ornate public house dating from the late 1930s, including a disused bowling green. This property is not statutory listed or locally listed. It has hardstanding to the building s frontage facing Bromford Lane and Farnhurst Road. To the rear (east) and side (north) is a further car park as well as disused bowling green and an overgrown area that are set at a lower level (1.5-2m). There are currently access points off Bromford Lane and Farnhurst Road. The former Palmerscroft Home site has been cleared and is relatively level. There is an existing access off Bromford Road. The site is covered by a TPO and the mature trees are predominantly located along the boundaries The surrounding area is a mix of commercial and residential uses. Bromford Lane to the west is a major six-lane transport corridor and to the opposite side are commercial uses, and beyond the former LDV site. To the north are inter-war 2- storey houses facing Bromford Road and an area of POS, and beyond that the River Tame, an industrial estate, the West Coast Main Line and an elevated section of the M6. To the east are inter-war 2-storey houses lining Farnhurst Road and a number of 1960s bungalows facing Bromford Road. To the south, facing Bromford Lane is a small parade of commercial units and beyond that a modern 3-storey care home. Site Location Street View 3. Planning History /07/ /01344/PA. Redevelopment of public house, bowling green and surrounding land with construction of 50 No. two bedroom and 6 No. one bedroom apartments. Comprising, access and landscaping (resubmission of proposals following withdrawal of Planning Application N/05957/07/FUL). Withdrawn /12/ /05957/PA. Redevelopment of public house, bowling green and surrounding land with construction of 50 two bedroom and 6 one bedroom apartments, car parking and access. Withdrawn /06/ /03962/PA. Redevelopment of former bowling green and surrounding land with construction of 3 storey residential care home with 50 bedrooms, 18 residential flats in 3 storey block and associated vehicle access and car parking. Approved. 4. Consultation/PP Responses 4.1. Transportation Development Final comments to be reported Regulatory Services Recommend conditions relating to contamination, insulation to residential windows, and some concern over D1/D2 uses and proximity to above residential units Leisure Services - No objection, request a financial contribution of 162,800. Page 3 of 12

4 4.4. Children, Young People and Families Request a financial contribution of 328, Sport England No objection Environment Agency No objection subject to condition relating to implementation of mitigation measures contained within the FRA and minimum finished floor levels Severn Trent Water No objection subject to drainage condition West Midlands Police Comments in relation to natural surveillance and suitable boundary treatment, secure access points to buildings, occupiers of the retail units not attracting young people and Secure By Design West Midlands Fire Service No objection Natural England No objection Wildlife Trust Agrees with Ecological Appraisal recommendations Local residents, premises, Councillors and MP consulted with site and press notices posted Representation has been received from the 3 Ward Members (Cllrs, Majid Mahmood, Anita Ward and Tim Evans) supporting the proposal. They have been working closely with the developer and visited a recent development by the applicant and the care model used for vulnerable adults who require care. Proposal has also been discussed at Ward Committee Meeting and supported by residents in attendance. Welcome S106 financial contribution towards POS and play equipment A further three representations of support has been received and commenting on the need to protect trees and provide sufficient parking An objection has been received on the grounds of noise and the development would be to the back of their property. 5. Policy Context 5.1. Birmingham UDP, Draft Birmingham Development Plan, Places for All SPG, Places for Living SPG, Car Parking Guidelines SPD, Affordable Housing SPG, Development Involving Former Public Houses SPG, Public Open Space and New Residential Development SPD, Sustainable Management of Urban Rivers and Floodplains (SMURF) Planning Framework SPD and the NPPF. 6. Planning Considerations 6.1. Principle of proposed uses / loss of public house: 6.2. Development Involving Former Public Houses SPG recognises that many public houses perform a valuable function as a focal point for local social/community activities. Proposals involving the closure of a public house will consider the availability of alternative public houses and whether the proposal provides for retention of a leisure/community use on all or part of the site. The Bromford Inn has Page 4 of 12

5 been closed for a number of years, and there are a number of public houses at the Fox and Goose District Centre (Hornet and Fox and Goose), which is approximately 1km to the south and easily accessible. Furthermore, the proposal includes the creation of a community hub for use by the local community as well as occupiers of the assisted living accommodation. In view of these factors, no objection is raised to the loss of the public house on the application site The site is located outside of a local centre and the proposal includes the creation of 4no. commercial units with 2no. A1 retail units, 1no. D1 non-residential institution unit an 1no. D1/D2 Community Social Enterprise Hub unit. The applicant indicates potential uses for the D1 unit as a clinic, health centre, veterinary surgery, crèche or day nursery. The surrounding context is mixed residential / commercial and Bromford Lane is a heavily trafficked transport corridor. Surrounding commercial uses include small parades of shops, car sales and industrial workshops / depots. No objection is raised in principle to the D1 and D1/D2 units in this locality. The 2no. retail units would have a combined floorspace of 540sqm and is not too dissimilar to the existing floorspace of the public house, which could be converted to A1 retail under permitted development rights. In view of this fallback position and that it is considered it would have no adverse impact on the vitality and viability of existing centres, no objection in principle is raised. Planning Strategy concur with this view. The site has adjoining residential neighbours and as such the part redevelopment of the site for residential purposes is acceptable Visual Amenity: 6.5. The site has been cleared with the exception of the Bromford Inn Building. This inter-war public house is in a poor state of repair but it does hold architectural merit reflecting the era it was built. Whilst its loss is regrettable, it is neither statutory listed or locally listed. The applicant advises that the retention of the building has been investigated and would be neither financially viable or realise the maximum potential of the site. It is recognised that the Bromford Lane frontage of the site in relation to the status of this major transport corridor is appropriate for a scale of building potentially greater than the existing 2-storey public house building. A modern 3-storey care home has recently been developed facing Bromford Lane, some 60m to the south. In light of the above and within the context of the wider redevelopment of the site, the loss of the existing public house building could not sustain a reason for refusal The proposed new 3-storey building would provide an active frontage to both Bromford Lane and Farnhurst Road and, as mentioned above, is of a suitable scale and massing for this prominent location on this major transport corridor that forms part of the Strategic Highway Network. The 3-storey block would be finished in facing brick and render with some traditional features such as gables. The building would reflect the building line of the existing public house and the communal car park fronting the public realm would be broken-up with landscaping and tree planting The proposed housing to the site of the former Palmerscroft Home would extend the built frontage of the adjoinin inter-war semi-detached properties on Bromford Road to the new access point, where a more open frontage, containing a swale, would respond to the open-plan layout of the adjoining post-war bungalows. A new internal road with housing facing on both side would be created within a homezone style setting with both on-plot and on-street parking bays. This road would link to the private drive serving the car park to the private flats within the 3-storey block. Whilst open to pedestrians, this link would be only available for refuse and Page 5 of 12

6 emergency vehicles only. The proposed housing adjacent to the existing inter-war semi-detached properties on Bromford Road reflects their traditional architectural features including hipped roofs and double height bay windows. The housing elsewhere within the site is of a more simplified design The site is covered by a Tree Protection Order and the submitted Tree Survey identified 60no. individual or groups of trees falling within category B (14no.), C (44no.) and U (2no.). The proposal includes the removal of 6no. Cat B and 24no. Cat C trees. Whilst this represents a significant number of the trees on the site, the majority of key trees within the streetscene would be retained (i.e. around the new access off Bromford Road, along the boundary to 20 Farnhurst Road and between the existing access off Bromford Lane and No. 1 Bromford Road. Noticeable losses include 2no. Cat B trees (Robinia and Common Ash) adjacent to No. 26 Bromford Road. Their removal however would allow the continuation of the existing building frontage to the new access point, and is considered acceptable in urban design terms. Furthermore, a Cat B Copper Beech Tree close to the existing access of Farnhurst Road and the ramp down to the rear car park would be lost. It is viewed within the same group of Cat B and C trees along the boundary within No. 20 Farnhurst Road. As such its loss would have limited impact on overall visual amenity and was also approved to be removed on the previous consent on the site. The other Cat B trees are located within the site with a lesser impact on the streetscene. The development enables the opportunity for replanting of good quality specimens. Much of this would be undertaken in highly visible locations such as the site s Bromford Lane frontage, which is currently a barren area of hardstanding, as well as new tree planting along Farnhurst Road. Taking all these factors into account, as well as the wider benefits of the site s comprehensive redevelopment, on balance the loss of these protected trees is justified Residential amenity: The site has a historical use as a public house and a residential care home, though it has not been used for these purposes for some time. Furthermore, it is located in an area with high ambient noise levels with the volume of traffic carried by Bromford Lane, as well as the M6 to the north. It is considered that the introduction of new residential accommodation is an appropriate and conforming use with the adjoining residential properties. The new commercial units and community hub would face Bromford Lane and the junction with Farnhurst Road and subject to suitable safeguards it is considered they would have no adverse impact on neighbour amenity within this busy locality. Regulatory Services raises no objection but has some concern in relation to the potential noise from the community hub use on the residential properties above. It should be noted that the community hub and the assisted living units above would be associated and both run by the applicant. Subject to safeguarding conditions covering noise insulation and operational hours it is considered that there would be no adverse impact on future residents of the assisted living units The proposed 3-storey block would have windows to habitable rooms facing towards the rear boundary of the inter-war housing on Bromford Road and the side boundary with No. 20 Farnhurst Road. Taking into account the difference in ground level of the proposal from these neighbouring housing (ranging from 0.5m to 1m), it would comply with the separation distances and set back guidelines given in Places for Living. Furthermore, along the majority of these boundaries, mature trees would be retained. Internally the private and assisted living apartments range in size from 52-76sqm and sqm respectively and the bedroom sizes also exceed the minimum guidelines in Places for Living. A community hub garden and learning Page 6 of 12

7 zone measuring some 900sqm would be provide which represents 29sqm per apartment. This provision, in addition to the indoor facilities provided within the community hub would be adequate for the residents of the assisted living apartments. The private flats would have access to a roof garden (approx. 275sqm). Due to their location above the commercial units it is recognised that providing outdoor amenity space at ground level can be difficult and conflict with parking and servicing areas. It is considered that the residential amenity level for future occupiers is acceptable with this aspect of the proposal Regarding the proposed houses, these too meet the set back and separation distances given in Places for Living in relation to existing properties on Bromford Road and Farnhurst Road, with an acceptable impact upon existing neighbour amenity. A number of the new houses would have a bedroom in the roof space with a roof light to the rear roof slope. The rooflight has been positioned at a height that it would prevent direct vision into neighbouring gardens at this level and as such a minimum 10m setback with existing property boundaries is only required rather than 15m. A few of the new houses, do not meet the numerical guidelines in relation to separation distances between themselves and size of gardens. However, these are small in number, relatively minor in the shortfall and their layout achieves good urban design principles in relation to perimeter blocks and active frontages. Within the wider scheme, these are considered acceptable Highway Safety: The commercial and community uses would be served by 29no. spaces of unallocated parking, whilst the community hub and associated assisted-living units would also have 9no. allocated parking spaces. Parking standards set out in Car Parking Guidelines SPD would seek a maximum of 27no. spaces for the A1 retail units with no specific guidelines for the D1 non-residential institution unit and D1/D2 Community Social Enterprise Hub The 14 apartments above the commercial units would be served by 17no. allocated spaces, however, 2 of these apartments would also be assisted living units and as such 12no. would be private apartments. It is also recognised that the residents of the assisted living units would have profound learning difficulties and be unlikely to drive. Therefore, the units are only likely to generate parking through staff and visitors. Furthermore, the site is accessible by public transport with bus stops located on Bromford Lane, Bromford Road and Farnhurst Road. The proposed 20 houses would have 200% parking provision and the 4no. 1-bed flats facing Bromford Road would have 100% parking provision. In view of the above, it is considered that the overall parking provision is appropriate for the various proposed uses on the site S106 Legal Agreement: The applicant has offered to provide a total of 37 affordable housing units (54%) for people with learning disabilities to access independent supported living and extra care housing. There is a recognised need affordable housing options for adults with disabilities. The applicant has being engaged with the Council s Commissioning Team about the delivery of this affordable housing and also wishes the affordable housing provision over the required 35% to be considered within the context of the other S106 requirements Children, Young People and Families have requested a financial contribution of 328, towards nursery, primary and secondary education. Applying the Page 7 of 12

8 financial contribution to only the private residential units (2 bed or more) the amount should be 213, Leisure Services requested a financial contribution of 162,800 towards public open space and children s play facilities The proposal would also result in the loss of a bowling green. The previous planning permission accepted its loss and there have been no changes in circumstances to change this stance. Sport England and Leisure Services raise no objection. A financial contribution of 48,300 is generated by its loss The scheme can only be delivered with the assistance of publically funded subsidies from the Council s Social services Department ( 350,000) and the Greater Birmingham and Solihull Local Enterprise Partnership ( 2m). It is recognised that the provision of affordable housing is a very important priority in the City and it is considered appropriate that the provision over and above the 35% required by policy adequately offsets other requirements. A financial contribution of 80,000 would also be made by the applicant to compensate for the loss of the bowling green as well as towards public open space and play areas Other matters: The application site falls within Flood Zone 2 with the north east corner located in Flood Zone 3 and the application has been accompanied by a Flood Risk Assessment. This identifies that the site is protected by Environment Agency raised flood defences, which protect up to the 100 year plus climate change event. The majority of the site is at low risk from surface water flooding, with the north east corner is classed as medium risk. Finished floor levels are suggested to be at least 300mm above maximum flood level and a surface water drainage strategy has been produced. This includes drainage being piped to two basin/ponds, serving the east and west parts of the site. The Environment Agency raises no objection subject to the implementation of the Flood Risk Assessment and its recommendations including minimum finished floor levels An Ecological Appraisal was also submitted in support of the application including additional bats and reptiles surveys, of which neither were present. Natural England raise no objection and the City Ecologist also raises no objection subject to conditions relating to an ecological enhancement scheme and the installation of bat boxes. 7. Conclusion 7.1. The proposal would redevelop a long-vacant site to provide new residential accommodation, as well as small-scale commercial units and a community facility in a manner that protects neighbour amenity with no adverse impact on highway safety or the vitality and viability of the established centres and improves the character and quality of the locality. The S106 offer is also considered appropriate for this scheme which is subject to public funding to ensure its viable delivery. The proposal is in accordance with relevant policy and guidance and planning permission should be granted. 8. Recommendation Page 8 of 12

9 8.1. I. That consideration of Application 2014/02025/PA be deferred pending the completion of a S106 Legal Agreement to secure the following: (a) Affordable housing comprising of 37 units (54%) of affordable rent. (b) A contribution of 80,000 to be paid upon implementation (index linked to construction costs from the date of the committee resolution to the date on which payment is made) towards the provision and / or improvement of sports, recreational and community uses, and / or public open space and children s facilities in Hodge Hill Ward and the maintenance thereof, or to be spent on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the sum provided that any alternative spend purpose has been approved by the Council's Planning Committee. II. In the absence of the planning obligation being completed to the satisfaction of the Local Planning Authority by 15/09/2014, 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 2005 and the National Planning Policy Framework. (b) The proposed development does not make a financial contribution in lieu of the bowling green contrary to paragraph 3.57 of the Birmingham Unitary Development Plan 2005 and the National Planning Policy Framework. (c) The proposed development does not make a financial contribution towards public open space and children s facilities generated from the residential units contrary to paragraphs 5.20B-5.20D of the Birmingham Unitary Development Plan 2005, guidance given in Public Open Space and New Residential Development SPD and the National Planning Policy Framework. III. IV. That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the planning obligation. A Monitoring /Administration Fee of 1,500 to be paid on completion of the planning obligation. V. That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority by 15/09/2014, favourable consideration be given to the application subject to the conditions listed below; 1 Requires the prior submission of a contamination remediation scheme 2 Requires the prior submission of a contaminated land verification report 3 Requires the implementation of the Flood Risk Assessment Page 9 of 12

10 4 Requires the prior submission of a scheme of noise insulation 5 Limits the noise levels for Plant and Machinery 6 Limits the hours of operation to the commercial and community uses to hours on any day. 7 Limits delivery time of goods to or from the site associated with the commercial uses to hours on any day 8 Requires the prior submission of hard and/or soft landscape details 9 Requires the prior submission of hard surfacing materials 10 Requires the prior submission of boundary treatment details 11 Requires the prior submission of a lighting scheme 12 Requires the prior submission of a scheme for ecological/biodiversity/enhancement measures 13 Requires the prior submission of details of bird/bat boxes 14 Requires the prior submission of sample materials 15 No consent is given for the shopfronts to the commercial/community units. 16 Requires the prior submission of level details 17 Protects retained trees from removal 18 Requires the implementation of tree protection 19 Requires the prior submission of an arboricultural method statement 20 Prevents the community hub from changing within use classes D1 and D2 21 Prevents the clinic health centre, veterinary surgery, creche or day nursery unit from changing within the use class D1 22 Prevents the assisted living units associated with the community hub from changing within use class C3 23 Requires the scheme to be in accordance with the listed approved plans 24 Limits the approval to 3 years (Full) Case Officer: Peter Barton Page 10 of 12

11 Photo(s) Figure 1 Bromford Lane frontage Figure 2 Bromford Road frontage Page 11 of 12

12 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 12 of 12