Land at Booths Lane / Sandy Lane, Great Barr, Birmingham, B42

Transcription

1 Committee Date: 17/04/2014 Application Number: 2013/09475/pa Accepted: 17/03/2014 Application Type: Full Planning Target Date: 16/06/2014 Ward: Oscott Land at Booths Lane / Sandy Lane, Great Barr, Birmingham, B42 Clearance of driving range and associated buildings and redevelopment of site (including part of associated golf range) to provide 249 new build dwellings together with realignment of Booths Lane. Other works to include provision of children's play area and associated works. Applicant: Agent: Taylor Wimpey (North Midlands) c/o Agent Cerda Planning Ltd Suite 322, 3rd Floor, Fort Dunlop, Fort Parkway, Birmingham, B24 9FD Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. The applicant proposes the clearance of an existing golf driving range and associated buildings and the redevelopment of the site, including land around it, to provide 249 new dwellings. Other works would include the realignment of Booths Lane, the provision of a children s play area and associated infrastructure works The realigned Booths Lane would provide the spine of the new development with the new dwellings and side roads set off it. The applicant has indicated the provision of new tree planting and pedestrian footpaths throughout the site The new dwellings would be provided in 14 house types which would each be two storey high and comprise a mixture of detached, semi detached and terraced homes. The houses would be brick built with hipped roofs and have traditional glazing and doors with canopy over, and some incorporating integral garages along the front ground floor elevation The houses would provide a mix of unit types as follows:- 2 bedrooms (63 units), 3 bedrooms (108 units) and 4 bedrooms (78 units) The general arrangement of the houses would provide a lounge, dining area and kitchen on the ground floor. On the first floor a range of 2 to 4 bedrooms would be provided dependent on the house type together with a bathroom Each dwelling would be provided with 1 or 2 parking spaces on their own forecourt or within a garage. Page 1 of 14

2 1.7. The proposed development also includes the provision of a children s play area that would be located at the western end of the site. It would encompass an area measuring approximately 170 sq.metres and would include children s play facilities such as wooden steps and play equipment. This would be managed by a private management company The site area measures 7 hectares representing a development density of 35.6 units per hectare The applicant has provided a Statement of Community Involvement; Flood Risk Assessment (FRA), Ecological Survey, Transport Assessment, Contamination Survey, Design and Access Statement, Planning Statement, Planning Obligation Statement, Noise Report, Ground Water and Gas Risk Assessment, Drainage Strategy, Remediation Report, Residential Travel Plan and Viability study A section 106 legal agreement would require the provision of 46 units (18.47%) as affordable and a sum of 380,000 towards the provision of improvements to public open space and sports/recreation facilities in the area The affordable housing offer is broken down as follows- twenty six 2 bed (14 rent and 12 intermediate rent), sixteen 3 bed (10 rent and 6 intermediate rent) and four 4 bed units which will be split between rent and intermediate rent An EIA (Environmental Impact Assessment) screening opinion has been carried out for the proposed development which has concluded there is no requirement for an Environmental Statement Site plan Proposed site layout plan Street scene elevations 1 of Street scene elevation 2 of 2 2. Site & Surroundings 2.1. A large part of the site is currently occupied by a golf driving range. The remainder is made up of a small section of the adjacent existing Booths Lane golf course. To the north is a former landfill site which forms part of Queslett Nature Reserve which itself forms part of a SINC/SLINC. To the south is a SLINC ( which encompasses the golf course) and further south woodland which forms a SINC. To the south east is Perry Beeches school. To the west is the remains of Booths Farm archaeological site as well as an existing residential development site under construction for 43 houses which was approved under application 2011/01795/PA Site location 2.3. Street view 3. Planning History /04522/PA- Golf driving range and golf course, club house, car park, access, ground contouring and drainage- approved with conditions. Page 2 of 14

3 /0390/PA- Outline application for provision of additional clubhouse, leisure, hotel/conference and children s nursery and adventure facilities to complement existing development, visitor centre- approved with conditions /01612/PA- Revised golf course layout to provide par 3 facility with associated landscaping- approved with conditions. 4. Consultation/PP Responses Pre application consultation 4.1. In addition to carrying out pre application discussions directly with the City Council the applicant has also carried out a pre application community consultation exercise The steps taken in the applicants consultation exercise included a public consultation event held by the developer in Great Barr on Friday 25 th October Publicity for the event was carried in local and city wide newspapers including the Birmingham Post, Birmingham Mail and Great Barr Observer The public exhibition event was held at Perry Beeches Baptist Church, Beeches Road, Great Barr from 1.30 pm to 8pm with preview sessions for local representatives and stakeholders taking place earlier in the day. Alongside the exhibition a dedicated website for public consultation was activated on the same day of the event A total of 53 people attended the public and private sessions and comments from 7 people were received. The comments received centred on issues such as traffic movement and build up; parking, lack of pavements in the scheme, concerns about the ability of buses being able to travel through the site and onto connecting developments, pressure on local schools and services, the density of the scheme and wish for the bank on Sandy Lane to be retained to the front of the proposed houses. Two consultees took the opportunity to express their support for the scheme The applicant reviewed the scheme in light of the comments received and amended it where practical to try and accommodate concerns and wishes. One of the key changes involved the removal of all private drives that were previously shown linking onto Sandy Lane. Consultation/PP responses related to the current application 4.6. Surrounding occupiers, local councillors, resident associations and the local MP have been notified as well as site and press notices having been displayed- 13 responses objecting or outlining concerns have been received from members of the public. The objections/concerns can be summarised as follows- concerns regarding traffic movement, parking and highways safety; concerns regarding density of development, the golf centre is an asset for the local and wider area and its loss would also lead to a loss of 16 jobs, the remaining golf course would be unviable, the loss of the driving range would contradict the councils sports policies, increased pressure on local services, will Booths Lane be re-opened or resurfaced?, would have a negative impact on the environment, wildlife and living conditions, concerns that the access way onto Sandy Lane is not sufficiently robust to cope with the additional demands generated by the development, request compensation for loss Page 3 of 14

4 of green space/leisure facility, request guarantee of protection of remaining open space near to the development site including the Queslett Nature Reserve and remaining section of golf course, that a clause should be included in any permission that limits any closure of Booths Lane to a few weeks, request that the development is set further back from the line of Booths Lane with adequate screening, adequate pavement and road widths are required, it is essential that Booths Lane is reopened, could traffic island and traffic lights be incorporated into the scheme and would the issue of pollutants and contaminants including methane be addressed In addition responses have also been received from Councillor Keith Linnecor and Tristan Chatfield. Their comments are summarised as follows- Cllr Linnecor recognises benefits of new housing but raises some concerns regarding issues such as the developments highway impact he also expresses the wish to re-open Booths Lane and request that the remainder of the golf course is acquired by the City Council and run as POS and or a nature reserve. Cllr Chatfield also expresses concerns regarding the developments potential highway and parking impact Transportation Development- No objections subject to conditions and amendments Regulatory Services- no objection on noise and disturbance grounds subject to satisfactory noise insulation. No objection subject to safeguarding conditions with respect to the land contamination and gas issues Leisure Services- request compensation for the loss of the driving range and if POS provision not possible on site then a financial contribution in lieu Sport England- no objections subject to satisfactory compensation for sports provision Severn Trent- no objection subject to safeguarding condition to ensure satisfactory connection of development to drainage Environment Agency-no objection subject to safeguarding condition to ensure any unforeseen contamination that may arise during development is satisfactorily addressed Centro- encourages the developer to develop a residential travel plan and provide for cycle storage West Midlands Police- request the installation of security gates at various locations to enhance security; identify areas where some car parking areas may be unobserved, secure boundary treatment should not be lower than 1.8 metres high and where unobserved 2.1 metres high (possibly using trellis treatment), the play space may be used for undesirable activities and that if approved the dwellings are built out to Secured by Design New Homes West Midlands Fire Service- no objections Strategic Sport- no objection and state their wish that any S106 money associated with the scheme is attributed to future investment at Beeches Swimming pool Highways Agency- no objection. Page 4 of 14

5 5. Policy Context 5.1. UDP (2005); Draft Birmingham Development Plan, NPPF, adopted SPG Places for Living, SPD Places for All, SPD Car Parking Guidelines and SPD Public open space in new residential development. 6. Planning Considerations Principle 6.1 The principle of new housing in this location would be acceptable as it would meet national planning guidance in the form of the NPPF which seeks to promote new housing in existing built up sustainable locations. The proposal would also help meet the objective of increasing the City s housing stock where there is a current identified need for a net increase of 80,000 units by The proposed development would entail the loss of a sports facility as well as generating the need for the provision of on-site Public Open Space (POS) or an equivalent financial contribution in lieu where possible. 6.3 The City Council in the form of the UDP has in place policies that provides guidance on the assessment of the loss of sports facilities as well as in seeking POS. This is also supported by other local and national guidance such as the NPPF. Loss of sports facilities 6.4 Part 3.63 of the UDP states that Where there is an identified demand for particular sports and physical recreation facilities, redevelopment of existing facilities for other purposes will not be allowed until either adequate replacement for their loss has been secured, or adequate alternative facilities have been identified. 6.5 Furthermore, with regard to promoting healthy communities the NPPF states in part 70 To deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should: - Plan positively for the provision and use of shared space, community facilities such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments; - Guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the communities ability to meet its day to day needs; - Ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community; and - Ensure an integrated approach to considering the location of housing, economic uses and community facilities and services 6.6 In response to the policies above which seek to retain and promote the sports facilities the site has a history which demonstrates exceptional circumstances exist in this instance to justify the principle of allowing the loss of the sports facilities. This is described below. 6.7 The application site was formerly a tip site. The site was largely redeveloped in the late 1990 s as a golf course and artificial surface golf driving range. These facilities made Page 5 of 14

6 financial losses between the years 2000 and 2009 and the business was put into administration soon afterwards. 6.8 The current land owner English Land has subsequently subsidised the golf driving range and course to allow them to remain open. This has included foregoing rent on the land in the region of 100,000 per year. They have received little or no income from their investment over a number of years on the basis that their tenant operates the site and thereby reduces the likelihood of vandalism etc if the site were left vacant. Despite the subsidy operating for many years, the facilities still are not profitable on an open market basis (if market rent had to be paid). In addition, further significant investment would be needed if the facilities were to be retained. 6.9 The tenancy agreement does have a short termination clause that can be activated by both parties. English Land, the current owners, have stated they intend to issue a notice to quit to the tenants this summer thereby effectively leaving the site prone to vandalism in light of no sustainable market solution for the site In seeking to find alternative viable uses for the site, including open space/recreational uses, the City Council has over a number of years discussed the future options for this site with the current and previous land owners (who went into administration). Some of these have included the principles of mixed use developments with varying degrees of retained open space provision. However, none have been come to fruition due to a number of reasons, but principally relating to the cost effectiveness of such schemes in this location Given the history of negotiations between the land owners, the ongoing lack of viability of the existing sports facilities and the lack of success during prolonged active discussions to accommodate alternative suitable uses on the site I consider that exceptional circumstances exist in this particular case to justify the loss of the sports facilities. Need for Public Open Space (POS) 6.12 UDP Policies of the UDP sets out the City Councils requirements for the provision of planning obligations in relation to certain developments, which includes the provision of Public Open Space (POS). In this case, the development exceeds the threshold for triggering the requirement for POS to be provided Further guidance on the provision of POS is also contained within adopted SPD Public Open Space in new residential development. However, there is a recognition in the UDP that in some circumstances the POS may not be able to be provided on site and as such a financial contribution equivalent to providing the amount of POS that would have been sought on site can be provided instead. Bearing this in mind, given the various site constraints and the need to achieve a coherent development in line with good urban design principles, the applicant has in this case offered to provide a financial sum in lieu of on site POS provision In the context of the above, the applicant has offered a contribution of 380,000 towards off site public open space improvements and as compensation for the loss of the driving range and part of the golf course. The applicant has provided a financial viability appraisal of the scheme that demonstrates that the development would be unviable with a contribution higher than 380, Upon assessment of the financial viability appraisal, I consider that it satisfactorily demonstrates that the scheme is marginal and that the 380,000 to be provided, in lieu of on site POS, is acceptable in this instance. In order to ensure flexibility in the spend of this money, I recommend that if the proposal is approved the associated S106 agreement allows Page 6 of 14

7 for it to be spent on sport and/or recreational facilities and/or public open space provision/improvements in the area. Members are also reminded that the applicant would provide a children s play area (approx. 170 sq.m) within the site that would be managed by a private management company In addition to the above, and as a way of mitigating the impact of the loss of the sport facilities, the proposed layout has been negotiated so that it provides a large green wedge (open space corridor) which would be allowed to fallow (with engineering works to allow for a SWALE drainage pool to be established thereby helping create a natural drainage point and potential wildlife habitat). This would also be managed by a management company appointed by the developer Further to the above justification for the loss of the sports facilities, which includes a small section of the golf course which is designated as SLINC, the applicant has demonstrated through this submission that the remainder of the private golf course (outside the application site and in English Lands ownership) would cease to be used for golf or other leisure purposes and would be left to fallow and would be secured by boundary treatment under permitted development rights. Because it adjoins the heavily wooded SINC to the south, the result of this would be that it would provide a natural link between that woodland and the proposed green wedge immediately to the west of the proposed new dwellings (to be situated between the new development and the remains of Booths Farm). This green wedge would continue northwards towards Booths Lane with the open space/former land fill on the other side.this would effectively achieve the objective of policy 3.47 of the UDP which seeks to encourage a continuous link, as much as is practical, is maintained between green spaces I therefore consider the principle of this proposal, for the reasons outlined above, accords with the allocation of land for development in a sustainable manner as advocated by the NPPF and the loss of the sports facilities is exceptional as allowed under the local and national planning guidance. Design and layout 6.19 The proposed development has been the subject of extensive negotiations between the applicant and the City Council in order to arrive at a high quality outcome. The scheme now shows that the part of Booths Lane that falls within the application site would be realigned and upgraded to adoptable standards and would be widened to 7.3 metres. The general site layout now conforms with good urban design principles contained within adopted policy guidance in SPG Places for Living and SPD Places for All by showing a development where the majority of houses would face onto the public realm either onto Sandy Lane or Booths Lane or the newly created side roads and cul de sacs within the development. The development also provides the opportunity to link this side of Booths Lane with the other side which is currently cut off due to its development for residential purposes thereby improving urban permeability and promoting sustainable development Individual house types, orientation and placement have been used to create node points and gateways within the layout to provide a clear and legible design. Character areas have been created within the design of the proposal. These will constitute pockets of the development which will display different characteristics in terms of materials, boundary treatments, architectural detailing and formality of the setting of the dwellings. A variety of materials based on a simple pallete will be used to give identity and visual interest to the street scene and ensure a sense of design diversity. Page 7 of 14

8 6.21 The general layout of the site allows for the majority of the proposed dwellings to achieve distance separation in line with adopted policy guidelines. Where distance separation guidelines are not met, this is due to factors such as the need to achieve a coherent street frontage with the positioning of corner turning properties such as in the case of plot 52. In other instances there are shortfalls in distance separation by a small margin due to the need to ensure gardens face on to gardens and create a secure by design development where possible in line with good urban design principles In terms of the development relationship to the neighbouring school grounds the submitted plans indicate the nearest properties with backs that would face the school grounds would be situated approximately 8.5 metres from the school boundary. Whilst the application site would be located at a higher level to the school grounds, I note that there is mature vegetation including trees on the school grounds along the site boundary that would help reduce visibility of the school grounds from the development. In addition to this, there is a wide vehicle service path within the school grounds that runs alongside that vegetation that adds separation distance between the school grounds used for play and learning and the development site. I therefore consider that (in addition to the securing of the rear boundaries of the houses with appropriate boundary treatment) the combination of these factors would limit any overlooking to an acceptable level The majority of garden sizes comply with size guidelines contained within Places for Living with only 4 units having a shortfall in size greater than 5 sq.m. I do not consider this warrants refusal of this scheme given its overall size and constraints imposed on the development layout in terms of the sites shape and need to ensure a layout that achieves good urban design objectives All bedrooms within the proposed development would comply with size guidelines contained within Places for Living The scheme involves the removal of a number of trees along the site boundary due to various factors including the need to remove a significant level of top soil for decontamination purposes. However, the best trees, which have been identified as two large oaks T4 and T5, along the site frontage facing Sandy Lane would be retained through engineering measures. These two trees are currently the subject of TPO applications which await confirmation. Nevertheless, as mentioned earlier, their retention has been designed into the scheme. I now consider that the retention of these more mature trees together with the other tree planting within the site will help soften the appearance of the development to a satisfactory degree. Highway matters 6.26 Transportation Development raise no objection to the development subject to safeguarding conditions. I concur with this view. The proposed development would realign, widen and upgrade this section of Booths Lane to adoptable standards. The proposed width of Booths Lane at 7.3 metres would allow the passing of two buses either side of one another. The applicant has demonstrated a parking provision of between 100% and 200% parking for most dwellings. I consider this is satisfactory in this instance given the site s location in proximity to bus services and local shops on Aldridge Road to the north which allows those who wish to walk or use the bus to access services. The development would increase the potential for bus services to run through Booths Lane. The applicant has demonstrated satisfactory pedestrian footpaths would run through the site thereby reducing the reliance on car based journeys and enhancing the scheme permeability. Page 8 of 14

9 6.27 The applicant has submitted a Transport Assessment with this application. This has concluded, together with studies of the junctions (including that at Booths Lane/Sandy Lane), that the development would not have a harmful impact on vehicular movements and traffic flows. Transportation Development concur with these findings. Environmental issues 6.28 With respect to issues of noise and disturbance, Regulatory Services raise no objection subject to conditions that secure satisfactory noise insulation and reduction measures. I concur with this view and have recommended those conditions accordingly With respect to the issue of site contamination, it is recognised that the site has historically been used as a tip. This and its setting in close proximity to the former municipal landfill to the north (where gas levels are still monitored) as well as the proposed redevelopment of the site for residential purposes will lead to the need for extensive and costly site decontamination and remediation. To assure that the site decontamination will be carried out correctly, the applicant has provided a site investigative report. He has also progressed discussions with my Regulatory Services colleague to a point that my Regulatory Services advisor is satisfied that the issues of site contamination and gas can be agreed through the application of safeguarding conditions at this stage. I concur with this view and accordingly recommend safeguarding conditions to address these issues. Ecological issues 6.30 The applicant has submitted an ecological survey which has determined that there are no protected species on site. Therefore, subject to safeguarding conditions to secure further details in line with the recommendations for ecological enhancements identified in the ecology reports as well as details being provided relating to the long term management arrangements for the open space corridor and attenuation pool, no adverse impact is identified with respect to ecological matters pertaining to the site. Section 106 agreement 6.31 Following the submission of a financial appraisal the applicant has stated that they can provide 46 units (18.47%) as affordable (in addition to 380,000 financial contribution for the provision of POS and to compensate for the loss of driving range and part of the golf course as stated earlier in the report). The mix of affordable units would comprise twenty six 2 bed (14 rent and 12 intermediate), sixteen 3 bed (10 rent and 6 intermediate) and four 4 bed units (all for rent). Having given careful consideration to the financial viability appraisal evidence provided, I consider the level of affordable housing offered is satisfactory. My housing advisor confirms agreement with the affordable housing offer My education advisor has recommended that a contribution is sought from the development for education related purposes. In response, I consider that this scheme is a marginal scheme and the developer has demonstrated that he can provide a maximum of 380,000, and given the loss of the sports facilities, I consider the priority spend for this scheme should be for either public open space provision/improvement and or sports/ leisure/recreational purposes in the area In order to provide flexibility in determining the final spend of this money, I recommend that this sum be allowed to be used for public open space provision/improvement and or sports/ leisure/recreational purposes in the area. The trigger point for payment is Page 9 of 14

10 recommended to be the serving of the implementation notice that development is to commence. Letters of objection/concern 6.34 I note the letters of objection/concern received with respect to this development. I consider that in main the issues raised have largely been addressed in the assessment of the scheme carried out above. With specific reference to the request that the City Council seek to acquire the remainder of the private golf course to the south and convert it to POS and or a nature reserve, I can advise that consideration has been given to this by Leisure Services who have advised that due to limited resources available to acquire, re-grade and maintain this facility over the long term, it would not be viable. 7. Conclusion 7.1. Exceptional circumstances have been demonstrated for the loss of the sports facilities and appropriate compensation provided for their loss and for the provision of POS in lieu of on site provision. The proposed development would provide a welcome increase in the City s housing stock both for private sale and for affordable rented provision. The development would meet national and local planning policy guidelines and is recommended for approval subject to the conditions laid out below and the requirements of a S106 to secure affordable housing and a sum of 380, Recommendation 8.1. That consideration of application 2013/09475/PA be deferred pending the completion of a suitable planning obligations via Section 106 of the Town and Country Planning Act to secure the following:- i) The provision of 46 houses to be provided for rent and/or intermediate rent. ii) iii) The provision of a financial contribution of 380,000 to be paid upon implementation (index linked from the 17 th April 2014) for the provision of public open space provision/improvement and or sports/ recreational purposes in the area or to be spent on any other purpose that shall be agreed in writing between the City Council and the party responsible for paying the sum provided that any alternative spend purpose has been approved by the Council Planning Committee. Payment of a monitoring and administration fee associated with the legal agreement of up to 10, In the absence of the completion of a suitable S106 agreement to the satisfaction of the Local Planning Authority before the 13 th June 2014, planning permission be REFUSED for the following reasons:- i) In the absence of any suitable S106 planning obligation to secure affordable housing and the required sum of 380,000 the proposed development conflicts with paragraphs 3.52 A, 5.20 A-D, G and of the UDP Page 10 of 14

11 8.3 That the Director of Legal and Democratic Services be authorised to prepare, complete and seal the appropriate planning obligation under S106 of the Town and Country Planning Act. 8.4 That in the event of the S106 planning obligation being completed to the satisfaction of the Local Planning Authority before the 13 th June 2014, favourable consideration will be given to the application subject to the conditions listed below; 1 Requires the prior submission of sample materials 2 Requires the prior submission of level details 3 Requires the prior submission of hard and/or soft landscape details 4 Requires the prior submission of hard surfacing materials 5 Requires the prior submission of boundary treatment details in a phased manner 6 Requires the prior submission of a lighting scheme 7 Removes PD Rights for Garage Conversion 8 Removes PD rights for boundary treatments 9 Removes PD rights for new windows 10 Removes PD rights for extensions 11 The sales office shown shall be converted to garages 12 Requires noise reduction works to be carried out as submitted 13 Requires noise reduction works to be carried out as detailed in the submission 14 Prevents occupation until the turning and parking area has been constructed 15 Requires the parking area to be laid out prior to use 16 Requires vehicular and pedestrian visibility splays to be provided 17 Requires the prior submission and completion of works for the S278/TRO Agreement 18 Requires details of foul and surface water drainage 19 Requires the prior submission of a scheme for ecological/biodiversity/enhancement measures 20 Details of attenuation pond required 21 Requires details of management, maintenance and access arrangements for shared, public and communal areas 22 Requires the prior submission of a contamination remediation scheme Page 11 of 14

12 23 Requires the prior submission of a contaminated land verification report 24 Requires the prior submission of a landfill Gas assessment 25 Requires the prior submission of a construction method statement/management plan 26 Requires the prior submission of hard surfacing materials 27 Requires the submission of unexpected contamination details if found 28 Requires the prior submission of a landscape management plan 29 Protects retained trees from removal 30 Requires the scheme to be in accordance with the listed approved plans 31 Limits the approval to 3 years (Full) Case Officer: Wahid Gul Page 12 of 14

13 Photo(s) Booths Lane as it is currently looking towards the east Page 13 of 14

14 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 14 of 14