Dawberry Fields Road, Land at the end of, Kings Heath, Birmingham

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1 Committee Date: 31/10/2013 Application Number: 2013/04725/PA Accepted: 27/09/2013 Application Type: Outline Target Date: 27/12/2013 Ward: Brandwood Dawberry Fields Road, Land at the end of, Kings Heath, Birmingham Outline planning application for the erection of up to 48 no. dwellings. Access to be considered but all other matters reserved. Applicant: Agent: Recommendation Approve Subject To Conditions Birmingham City Council - Property Services c/o Agent DTZ 1 Colmore Square, Birmingham, B4 6AJ 1. Proposal 1.1. This is an application for outline planning permission for up to 48 dwellings with all matters except access reserved The proposal is linked to the Brandwood Regeneration Initiative (formerly the Allens Craft Initiative) which has seen the provision of new housing, community and education facilities and the creation of a new neighbourhood park in the Brandwood Park Road area. The application site includes former playing field land, which was declared surplus through the initiative and allocated for housing, and former allotment land also declared surplus. Approval of this application would allow Birmingham Property Services to market the site with outline planning permission already in place for new dwellings The application site comprises two separate parcels of land at the west end of Dawberry Fields Road, one to the north and one to the south of the junction with Harton Way North site: 1.2ha. Two access points proposed at the north and south of the boundary with Harton Way. Indicative layout shows 40 dwellings arranged in perimeter blocks around a U-shaped road South site: 0.45ha. One access point at the junction of Dawberry Fields Road and Harton Way leading to what would likely remain a private drive. Indicative layout shows 8 dwellings facing Dawberry Fields Road to the north and the park to the west The application is supported by a Planning Statement, Open Space Report, Design and Access Statement, Flood Risk Assessment, Ecological Appraisal, Tree Survey, Transport Statement, Financial Appraisal, Phase 1 Geo-Environmental Report and Soakaway Assessment. Page 1 of 11

2 1.7. Pre-application discussions took place regarding the proposed layout and an EIA screening opinion was provided Site area: 1.65ha Density: 29dph Indicative site layout 2. Site & Surroundings 2.1. The application site is located within a predominantly residential area with dwellings on Waldrons Moor, Doversley Road and Shalnecote Grove adjoining the site. The new park is laid out to the west and includes paths, playing pitches, teen shelter, skatepark, multi-use games area, playground and car park. The park slopes down in a northwest direction towards the rebuilt Allens Croft Primary School which opened in To the north of the park, adjacent to the northern parcel within the application site is an area allocated for allotments and nature conservation. Allotments were previously laid out on this land and are due to be recreated with 30 smaller plots using the capital receipt from the sale of the application site. The area to the north of the allotments around an existing pond would be enhanced for wildlife and would provide a nature conservation area for use by the school and local community. Site location Streetview 3. Planning History Application site: /02602/PA - Pre-application discussion for residential development. Allens Croft School also part of Brandwood Regeneration Initiative: /02287/PA Planning permission granted with conditions for demolition of existing school and new replacement two-storey school and children s centre with new access, car park and new sports pitches/games court off Allens Croft Road. Neighbourhood park also part of Brandwood Regeneration Initiative: /07513/PA Planning permission granted with conditions for change of use of land to use as public open space, alteration of ground levels, construction of multi-use games area, children s play area, skate park, two junior football pitches, allotment mess facilities, lighting columns, walls, railings, fences, gates, parking areas and means of access. 4. Consultation/PP Responses 4.1. Transportation Development: No objection subject to a condition requiring a S278 agreement. The proposal will require some modification to the Dawberry Fields Road/Harton Way junction which has a larger than normal surface area. This would become a priority junction which is acceptable in principle but further detailed design work is needed regarding kerb alignment and junction radii. The public right of way Page 2 of 11

3 does not appear to be affected by the proposal. The Transport Statement has established that the proposal would not detrimentally affect the highway network Regulatory Services: No objection on noise grounds Leisure Services: The supporting information is very thorough and sets out the exceptional circumstances argument for the justification of the loss of the former playing field and allotment land, which is accepted. The capital receipt from the sale of this land will provide further improvements in Dawberry Fields Neighbourhood Park and in the establishment of new allotment plots on the remaining allotment land which is currently out of use. Access to the allotments must be retained and enhanced Birmingham Public Health: No response received Natural England: No response received West Midlands Police: Numerous properties backing onto public open space are at an increased risk of burglary. The development should be built to enhanced security standards as set by Police Crime Reduction initiative 'Secured by Design' West Midlands Fire Service: The cul-de-sac should be in accordance with Approved Document B section Suitable water supplies for fire fighting should be provided Environment Agency: Objects. The FRA does not provide an assessment of the flood risk from the ordinary watercourse which crosses the site or an adequate sustainable surface water drainage scheme for the site based on sustainable drainage principles Severn Trent Water: No objection subject to a drainage condition. There is a public sewer within the application site so the applicant should discuss proposals directly with Severn Trent Water Sport England: No objection Site and press notices posted advertising the application as a departure from the development plan. Local MP, Councillors, Residents Associations and the occupiers of nearby properties notified of the application. The following responses received: letters of objection from local residents raising the following concerns: * inadequate pre-application consultation * no site notice posted for the south site and insufficient neighbour notification * proximity of proposed dwellings to existing dwellings * negative impact on property values in the area * proposal would significantly increase traffic, especially on Dawberry Fields Road * increased traffic would affect child safety * loss of green space in a ward below the UDP standard for open space provision * Council should improve existing housing instead of selling green spaces * Council should sell larger assets not small green sites * need for housing acknowledged but not on recreation ground * money from the sale of the land should go to the local community not the Council Page 3 of 11

4 * new properties will be Housing Association and should not be built close to privately owned houses * south site is fenced off but should have been left open and better maintained * trees and hedgerows adjacent to the site need to be properly looked after * public transport in the area does not provide an all-day service * residents don t want Doversley Road to become a main public transport route letter of support stating the site is in a good location for families. 5. Policy Context 5.1. UDP 2005; Draft Birmingham Development Plan 2012; SPG Places for Living 2001; SPD Car Parking Guidelines 2012; SPD Public Open Space in New Residential Development 2007; Wildlife Action Area; National Planning Policy Framework Planning Considerations Policy/principle 6.1. UDP policy 21.14C states that the Allens Croft Initiative (now the Brandwood Regeneration Initiative) was established with the aim of regenerating the Allens Croft Estate through the provision of new housing, community and education facilities, and a new neighbourhood park In accordance with the Council s Executive Committee approval of 20 th July 2001, the regeneration package was intended to be self-funding, drawing only from resources generated by the development opportunities within the Initiative area. A sum of 1.198million from the sale of the application site has already been earmarked for Leisure Services to spend on completing the park and laying out the allotments The site consists of two sites, being the north site of 1.2ha and the south site of 0.45ha. North site 6.4. Approximately five sixths of the north site is allocated for housing, community and education facilities under UDP policy H56 and the proposal accords with this allocation. However, the remainder of the north site is allotment land which has more recently been declared surplus UDP policy 3.62A allows for the development of allotments for uses other than recreation, nature conservation or horticulture in exceptional circumstances subject to the provision of appropriate equivalent long-term recreational community benefit. In this case, less space is needed for the allotments as smaller plots are more attractive to potential tenants and forming a larger development site enables the creation of a more suitable residential layout with a secure boundary to the park. Sale of the surplus allotment land within the application site would also supplement the 1.198m already earmarked for Leisure Services to spend on laying out the new allotments. South site 6.6. Approximately one third of the south site is allocated for the park under UDP policy E135 and the rest of the south site is former playing field. The UDP only allows for the release of such land in exceptional circumstances. Page 4 of 11

5 6.7. Park land: Land in the west third of the south site is allocated for the park in UDP policy E135 but it was not included in planning permission 2005/07513/PA for change of use from playing field to park, though there is no clear reason for this in previous reports to your Committee. The east half of the south site is not allocated for the park and is too narrow to develop in isolation whilst providing a suitable layout with houses overlooking the park. The west half is not identified for specific recreation equipment on the park plan and would not form part of a playing pitch. Relinquishing it as park land offers the opportunity to increase the size of the development site allowing for the creation of a private drive and a row of houses directly overlooking the park, which would benefit security within the park Former playing field land: UDP policy 3.57 allows for the loss of playing field land in exceptional circumstances subject to the provision of equivalent long-term recreational community benefit. In this instance, the small area of playing field land on the east half of the south site has not been used for some 15 years and it has been declared surplus. Residential development is the most appropriate use given that the site adjoins the gardens of dwellings on Dawberry Fields Road and Doversley Road In summary, when assessed against local policies, despite the loss of open space and departure from the Development Plan, allowing the assembly of two larger development sites would result in a better layout for new housing, greater security within the park and the financial resources needed to complete the park and layout the allotments. My Development Plans Officer is satisfied with this approach The NPPF acknowledges the important contribution which high quality open spaces can make to the health and well-being of communities. Paragraph 74 states that open space, sports and recreational buildings and land should not be built on unless: * an assessment has shown them to be surplus to requirements; or * replacement facilities would be provided; or * the proposal would be for alternative sports and recreational provision which would outweigh the loss In this instance, the land has been shown to be surplus to requirements and although the park is smaller in area than the former playing fields, the space would be higher quality offering a greater range of activities and equipment. Access There is no objection in principle to the access points proposed. The application demonstrates that the proposed accesses would not interfere with the Public Right of Way which runs along the north boundary of the park. The existing footway in front of Nos Dawberry Fields Road could be continued and clear pedestrian continuity into the park could be maintained. Works would be required to the junction of Dawberry Fields Road and Harton Way to reduce its width and clarify vehicle priorities and these would be secured by through the S278 agreement for which a condition is attached. Transportation Development agrees with the conclusions of the Transport Statement that the development is unlikely to have an adverse impact on the highway network. Indicative design/layout Although this is only an outline application, the proposal demonstrates that 48 dwellings could be accommodated on the site in an acceptable layout which meets Page 5 of 11

6 the Places for Living principles and numerical guidelines. The City Design Advisor comments that there is sufficient space to allow some flexibility in the final layout but broadly it would be possible to achieve perimeter development with overlooking of the street and private space enclosed to the rear of properties. Front gardens are shown to include off-street parking but there is also space for landscaping and conditions recommended by the Landscape Officer regarding boundary treatment, hard surfacing and tree/hedge retention are attached Small trees within and at the perimeter of the site would need to be removed to facilitate the indicative layout shown but the Tree Officer has only commented on two significant trees: T20 and T21. The road through the north site is currently shown to encroach into the root protection area (RPA) of at least T20. I am satisfied that at reserved matters stage it would be possible to align and construct the road such that the RPAs are not affected. A condition is attached requiring an Arboricultural Method Statement to be submitted to control the work around the trees. Ecology The ecological appraisal demonstrates that the proposal would lead to the loss of habitat which has the potential to be of some value to reptiles and amphibians, including great crested newts and slow worms, and badgers. Sufficient information has been provided to indicate that these protected species are likely to use the application site although it is not the right season to confirm this or the extent of local populations via surveys. Up to date surveys will need to be undertaken prior to any work being undertaken on the site and mitigation plans formulated accordingly and the conditions recommended by the City Ecologist are attached. Conditions are also attached requiring the Japanese Knotweed on the south site to be dealt with; submission of a method statement for any tree works to avoid harm to bats; submission of an ecological construction management plan to ensure that development takes place in accordance with good practice measures; and provision of a scheme for biodiversity enhancement. Drainage/flood risk Severn Trent Water advises there is a public sewer running through the north site but has no objection subject to a drainage condition which is attached The Environment Agency (EA) has objected to the proposal due to weaknesses in the Flood Risk Assessment (FRA), namely, the absence of a proper assessment of the ordinary watercourse which traverses the site and lack of consideration for discharge into this watercourse. The site currently drains by gravity into a small pond just outside the northwest corner of the site. It is proposed to install a foul and surface water pumping station in the northwest corner of the site to pump water back into the public sewer which is located further south within the site. This is not considered to be a sustainable method for dealing with surface water drainage and the EA cannot support it unless other more sustainable options have been fully considered and discounted first Travis Baker, consultants acting on behalf of the applicant, have indicated that such a level of detail is over and above what should be required for an outline application and I am mindful that Severn Trent Water expects drainage details to be resolved by condition. Travis Baker has provided the EA with additional information to supplement the FRA and at the time of writing, further comments from the EA are awaited. Page 6 of 11

7 Planning obligations In line with UDP policies 3.57, 3.62A, 5.37 and , the proposed development would normally be subject to contributions compensating for the loss of the allotments and playing field lands and, due to the number of dwellings proposed, the provision of affordable housing, public open space and education Due to the earmarking of 1.198m from the sale of the land to enable completion of the new park and allotments, the normal requirements in terms of compensation for the loss of the allotments and playing field and the public open space contribution cannot be justified The financial appraisal demonstrates that sums could be offered towards the provision of affordable housing and education. Children, Young People and Families have advised that as this development is over 20 houses, it would impact on the provision of places at local schools. The full contribution of 223, is offered. A commuted sum of 450,000 is offered for the off-site provision of affordable housing which equates to 19% or 9 units and which Housing advises is acceptable. The Brandwood Regeneration Initiative has already brought forward some 250 affordable housing units and the application site was earmarked in the Initiative for private development to balance the portfolio of housing within the area As the site has not yet been disposed of by the Council, any future developer cannot at this stage enter into a legal agreement. Consequently, a condition is attached requiring the developer to complete a S106 agreement prior to commencement of the development. A draft Section 106 Agreement will be annexed to the contractual documentation regarding the sale of the land and as a consequence its completion will be a contractual precondition requiring the completion of the Section 106 Agreement simultaneously with the completion of the land deal; at that point the purchaser will have land ownership and can enter into the Section 106 Agreement legally. Other issues It is noted that public participation responses refer to the inadequacy of the consultation exercises carried out by the applicant prior to submission of the application and during this application process. The applicant is not obliged to undertake local consultation but I understand a number of presentations were given locally which residents were invited to. The statutory consultation requirements for an application of this nature have been complied with Objections on the grounds of the impact of the development on local property values, tenure and the re-direction of public transport routes are not matters which can be taken into account in the assessment of this application. Similarly, comments regarding the Council s rationale for disposing of the site are not relevant to this decision. 7. Conclusion 7.1. This application is recommended for approval. It would provide 48 family sized dwellings in accordance with the aims of the Brandwood Regeneration Initiative and UDP allocation H56 and would generate sufficient funds to complete the new park and layout new allotments. The access points are acceptable and suitably positioned and the indicative layout demonstrates that the site could be developed in a manner which accords with Places for Living. An appropriate S106 package is offered and would be secured by condition. Page 7 of 11

8 8. Recommendation That approval be granted subject to the conditions listed below 2. Approve application, 2013/04725/PA subject to a Section 106 Legal Agreement to secure the following: a) 450,000 contribution towards off site affordable housing provision; and b) 223, contribution towards education provision. 3. Such obligations being secured by the inclusion of a contractual prerequisite in any property-related documents for the sale of the land for the completion of a Section 106 Agreement simultaneously with the completion of the land transaction between Birmingham City Council and the purchaser of the land, being the land edged in red and referred to as the "Development Land" pursuant to application 2013/04725/PA. 1 Requires the scheme to be in accordance with the listed approved plans 2 Requires the submission of reserved matter details following an outline approval 3 Requires the prior completion of a S106 Legal Agreement securing contributions towards provision of affordable housing and education 4 Requires the prior submission and completion of works for the S278/TRO Agreement 5 Requires the prior submission of a drainage scheme 6 Requires the prior submission of level details 7 Requires the prior submission of boundary treatment details 8 Requires the prior submission of sample materials 9 Requires the prior submission of a lighting scheme 10 Requires the prior submission of an arboricultural method statement 11 Requires the prior submission of an additional ecological survey 12 Requires the prior submission of a method statement for the removal of invasive weeds 13 Requires the prior submission of tree works method statement to avoid harm to bats 14 Requires the prior submission of a construction ecological mitigation plan 15 Requires the prior submission of a scheme for ecological/biodiversity/enhancement measures 16 Limits the approval to 3 years (outline) Case Officer: Amy Stevenson Page 8 of 11

9 Photo(s) Figure 1: Junction of Dawberry Fields Road and Harton Way Figure 2: View across North site towards Waldrons Moor Page 9 of 11

10 Figure 3: View of South site from within park Figure 4: View of park from South site Page 10 of 11

11 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 11 of 11