Officers Report - Birmingham City Council Webcasting

Committee Date:
11/12/2014
Application Number:
Accepted:
19/09/2014
Application Type:
Target Date:
19/12/2014
Ward:
Selly Oak
2014/06466/PA
Full Planning
Land at Elliott Road, Selly Oak, Birmingham, B29 6LR
Redevelopment of site to provide 329 bed student accommodation,
comprising of 123 studios & 41 cluster flats (206 beds) with associated
roads and hard & soft landscaping.
Applicant:
Agent:
Elliott Road Developments Limited
Foframe House, 35-37 Brent Street, London, NW4 2EF
ADD Limited
Caledonian House, Tatton Street, Knutsford, Cheshire East, WA16
6AG
Recommendation
Approve Subject To A Section 106 Legal Agreement
1.
Proposal
1.1.
The application is for a student accommodation scheme consisting of two blocks
predominantly four storeys in height, with some three storey sections. This would
deliver 329 beds in a mixture of 123 studios and 41 cluster flats (206 beds).
1.2.
Your Committee may recall that a student accommodation scheme was approved on
this site in November last year (2013/06055/PA). The current proposal is effectively
an amendment to this, reducing the overall number of beds by two (from 331) and
changing the ratio of cluster flats and individual apartments. This scheme before
Members would increase the number of individual studios by 110, up from 13 to 123
and would decrease the number of cluster flats by 38, down from 79 (318 beds) to
41 (206 beds).
1.3.
The overall footprint and external elevations would be practically identical to the
approved 2013 scheme, with accommodation in two blocks. One fronts Elliott Road
with have two rear wings enclosing a courtyard and the other fronting the canal and
Sturge Close. As per the approved scheme, access into the blocks would be
provided via shared lobbies accessed off the courtyard, with 6 car parking spaces,
52 cycle spaces and a landscaped amenity area matching the extant consent.
Brickwork, cladding and render are also planned as per the 2013 scheme, with
samples provided by the agent.
1.4.
Other minor changes include an enlarged common room on the ground floor of the
smaller of the two blocks, courtyard cycle storage, a combined bin store and
laundrette building with a reading room above replacing a single storey bin store,
sub-station and general storage space. The new sub-station building is in situ on the
edge of the application site, adjacent to Sturge Close and was associated with the
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first phase of the wider redevelopment of Selly Oak Industrial Estate, a 69 bedroom
residential scheme developed by Midland Heart (2010/01303/PA).
1.5.
A Planning Obligation as per the 2013 consent has been offered as Heads of Terms
by the applicant, for canal works and residents' parking scheme. Site area 0.6ha and
an EIA Screening Opinion has been undertaken in connection with the application.
Ground floor and site layout
Typical elevations
2.
Site & Surroundings
2.1.
The application site is located at the southern end of Elliott Road. The industrial
buildings have been demolished and in part replaced by Phase 1 of the
development, a large affordable housing scheme developed by Midland Heart. The
application site is currently cleared with site preparation works taking place.
2.2.
Elliott Road is a long cul-de-sac comprising a mix of industrial and residential
properties. To the northwest on Elliott Road there are a number of industrial units
which form a separate industrial estate. To the south the site adjoins the former
Selly Oak Hospital site and opposite to the west of Elliott Road the area is
predominantly residential comprising small terraced properties many in student
occupation. The northeast boundary of the site is defined by the Worcester and
Birmingham canal and the towpath adjoins the site. The site is approximately 330m
from Bristol Road.
Site location
Street view
3.
Planning History
3.1.
-05/08/2004 - S/03181/03/OUT - Proposed residential development with associated
car parking and landscaping - Appeal against non-determination approved.
-05/08/2004 - S/03187/03/OUT - Proposed residential and student accommodation
with associated parking and landscaping - appeal against non determination
approved.
-26/10/2005 - S/04595/05/FUL - Redevelopment to provide 97 residential units and
104 student flats with associated roads, open space, hard and soft landscaping withdrawn.
-21/08/2006 - S/03427/06/FUL - Redevelopment of site to provide 88 residential
units and 80 student flats and associated roads, open space and hard and soft
landscaping - refused.
-13/11/2008 - 2007/03386/PA - Redevelopment of site to provide residential
accommodation comprising 46no. flats, 31no. houses & 81no. student flats &
associated roads, open spaces and hard and soft landscaping - Approved with
conditions and S106 but consent subsequently quashed.
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-12/08/2010 - 2010/01277/PA - Redevelopment of site to provide 331 bed student
accommodation comprising of 79 cluster flats and 13 studios and associated roads
and hard and soft landscaping - Approved subject to conditions and legal
agreement.
-27/09/2010 - 2010/01303/PA - Detailed application for the redevelopment of the site
to provide 69 residential units comprising 28 two bed houses, 6 three-bed houses,
10 four-bed houses and 25 two-bed flats - Approved subject to conditions and legal
agreement.
-10/02/2011 - 2010/07007/PA - Planning permission granted for the addition of 2 no.
dwellings and alterations to access and landscaping, in association with planning
consent 2010/01303/PA.
-08/11/2013 – 2013/06055/PA - Application for a new planning permission to replace
an extant planning permission number 2010/01277/PA for redevelopment of site to
provide 331 bed student accommodation comprising of 79 cluster flats and 13
studios and associated roads and hard and soft landscaping – Approved subject to
conditions and legal agreement.
-12/12/2013 – 2013/04225/PA - Erection of 25 no. houses and 18 no. flats with
associated roads, parking and landscaping – Withdrawn.
4.
Consultation/PP Responses
4.1.
Transportation Development- No objections subject to conditions as per
2013/06055/PA.
4.2.
Regulatory Services- No objections subject to conditions as per 2013/06055/PA.
4.3.
WM Fire Service- No objections.
4.4.
WM Police- No objections.
4.5.
Severn Trent Water- No objections subject to a condition regarding foul and surface
water drainage details.
4.6.
Canal and River Trust- Require confirmation that the planning obligations will not be
affected by the scheme and that the boundary treatment to the canal is revised so
as not to be the 1.8m high security fencing as suggested in the planning application
form.
4.7.
Network Rail- Although separated from the operational railway by the Worcester and
Birmingham Canal, Network Rail wish to see a risk assessment and method
statement submitted for review and approval to the Network Rail Asset Protection
Engineer if the scheme includes piling works and any cranes or plant which may
topple over onto the railway.
4.8.
National Grid- Note that a high pressure gas pipeline runs close to the application
site boundary, under the canal towpath.
4.9.
Environment Agency- No objections subject to a condition regarding remediation
works if previously unidentified contaminants are found within the site.
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4.10.
Statutory site notices, application advertised in press, surrounding occupiers,
residents associations, MP and ward councillors notified- 5 comments received.
-Steve McCabe MP- Concerned as to how a large student scheme would maintain a
balanced and mixed community, how the development would impact on the recently
built Midland Heart housing development, what consideration has been given to
additional car parking requirements for the area and how will this development affect
local services, particularly the Katie Road Walk-in Centre. Mr McCabe further adds
that with such large scale student developments being approved, surely Bournbrook
should be included in the Article 4 Direction to further reduce the need to destroy
much needed family homes.
-Four local residents have objected to the proposal with concerns over:*Local roads are already congested due to the parking needs of existing residents,
this would cause gridlock in the area;
*The area suffers from frequent burglaries due to students;
*Noise and disturbance caused to local families due to students who have
alternative lifestyles to normal working people;
*Increased rubbish in the area; and
*Better alternative sites for student accommodation in Selly Oak, this should be for
family accommodation.
5.
Policy Context
5.1.
Adopted UDP (2005); Draft Birmingham Development Plan (2013); NPPF; NPPG;
Selly Oak Local Action Plan (2001); Places for Living (2001); Specific Needs
Residential Uses SPG (1992); Car Parking Guidelines (2012); draft Selly Oak SPD
(2014); Site of Local Importance for Nature Conservation; Wildlife Corridor
6.
Planning Considerations
6.1.
Principle
The principle of student accommodation on this particular site is well established,
with the consent for such a use on this site stretching back to 2004 when an appeal
was allowed against non-determination of an application (S/03187/03/OUT). Since
this consent, there have been a further three separate applications for student
accommodation, including the extant 2013 consent which your Committee approved
in November last year (2013/06055/PA). Therefore the use of the site for student
accommodation, its layout, scale and broad design are not considered to be in
question, only the revised internal layout and design changes and how this would
impact on the amenity of the surrounding area.
6.2.
Layout changes
The overall changes to the layout would result in a scheme which is predominantly
individual apartments from cluster flats. This is in response to a new developer for
the site, who feels that individual apartments are more tailored to the current market
than a predominantly cluster apartment scheme. The overall site would still have an
external amenity area, along with an enlarged common room and a new reading
area. This, combined with outlooks onto courtyards, the canal or Elliott Road/ Sturge
Close and internal apartment sizes ranging from 16.7 sq m up to 26.1 sq m, in
excess of the 15 sq m stipulated in the Council’s Specific Needs Residential Uses
SPG, means that the revised internal layout is considered to deliver a suitable living
environment.
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6.3.
Further to this, overall student numbers would be reduced by two across the site.
When this factor is taken into account, along with the revised layout following the
approved building footprints and layouts of the 2013 scheme, the revised student
accommodation scheme is not considered to have an adverse impact on the
amenity of the surrounding area. Concerning comments made regarding noise and
disturbance, parking and highway safety or potential crime have been considered
but given the relatively minimal changes proposed to the scheme, it is not envisaged
that the new layout would change the way that the site would operate. Regulatory
Services, Transportation Development and WM Police concur with this view and
have raised no objections to the scheme. Conditions as per the 2013 consent with
regard to highway and noise issues, along with a suitable new legal agreement,
discussed later, means that the scheme would not have an adverse impact on
highway safety or freeflow or traffic and would deliver a suitable living environment
for occupants.
6.4.
External changes
An additional floor is proposed on top of a bin store/ store facility to incorporate a new
reading area and laundrette. The design of this is seen to accord with the overall
design ethos of the site, which mimics the 2013 approval and follows the general
design of the residential scheme directly to the north. The samples of cladding,
render and brickwork provided by the agent are seen to be in keeping with the local
area and are suitable for the scheme.
6.5.
Other issues
Given the similarities between this scheme and the 2013 approval, the applicant has
agreed to enter into a suitable Section 106 agreement to secure canal
improvements and a potential residents parking scheme. This agreement is
considered appropriate for the development proposed.
6.6.
The Canal and River Trust have raised concerns over the security fence proposed
adjacent to the canal. This issue can be addressed via a suitable boundary
treatment condition and to reiterate that no consent is implied for any boundary
treatment intimated on the drawings. Further to this, the agent has confirmed that
the developer will consider a wall with railings above, similar to the boundary
treatment to the canal at the adjacent Midland Heart residential scheme directly to
the north. This approach would be more in context with the area and would still allow
natural surveillance of the canal from the block adjacent to the canal. Network Rail
have suggested that a risk assessment and method statement submitted for review
and approval to prevent undue risk to the railway. I consider this to be an
informative, especially as the site is separated from the railway by the
canal and
have contacted the agent regarding this matter.
6.7.
Points raised by Steve McCabe MP have been addressed when reviewing the
principle of student accommodation on this site. The other comment about including
Bournbrook in the Article 4 Direction to restrict small HMOs is not relevant to this
application. Notwithstanding this, your Committee should be aware that Officers
have previously provided a clear and coherent argument as to why Bournbrook has
been excluded from the Article 4 Direction due to the proliferation of HMOs already
in this part of Selly Oak.
7.
Conclusion
7.1.
The application is recommended for approval subject to a suitable legal agreement
and safeguarding conditions. The changes to the layout and make-up of student
accommodation, although material, do not increase the overall number of units nor
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the footprint and general design of the scheme. The principle of purpose built
student accommodation on this site is well-established, with the initial consent
granted back in 2004, and the application site benefits from a near identical extant
consent for purpose built student accommodation. Therefore the revised layout is
not considered to have an adverse impact on the amenity of the wider area and
would be a sustainable use of a long vacant site.
8.
Recommendation
8.1.
i) That consideration of application 2014/06466/PA be deferred pending completion
of a suitable S106 obligation to secure the following:
a) A financial contribution of £10,000 to be paid upon implementation (index linked
to construction costs) for a canal side feasibility study and a further sum of £90,000
(index linked to construction costs) for the canal side works if demonstrated to be
necessary in accordance with the canal side feasibility study or on any other
purposes that shall be agreed in writing between the Council and the party
responsible for paying the sums provided this has been approved by the Council's
Planning Committee.
b) A financial contribution of £50,000 to be paid upon implementation (index linked
to construction costs) towards a residents' parking scheme in the surrounding area
or on any other purpose that shall be agreed in writing between the Council and the
party responsible for paying the parking sum provided this has been approved by
the Council's Planning Committee.
ii) That payment of a monitoring and administration fee associated with the S106
obligation of £1,500 be secured.
iii) In the event of the S106 obligation not being completed to the satisfaction of the
Local Planning Authority on or before 18th December 2014, planning permission be
REFUSED for the following reason:
The development does not include the provision for canalside improvements and a
residents parking scheme. The development would therefore conflict with policies
6.51A, 8.50-8.54, 20.15C, 20.16A and 20.17A of the Birmingham Unitary
Development Plan 2005, Supplementary Planning Guidance 'Selly Oak Local Action
Plan' adopted 2001 and the National Planning Policy Framework 2012.
iv) That the Director of Legal and Democratic Services be authorised to prepare,
seal and complete the appropriate S106 obligation.
v) That in the event of the S106 obligation being completed to the satisfaction of the
Local Planning Authority on or before 18th December 2014, favourable
consideration be given to this application, subject to the conditions listed below.
1
Requires the prior submission of level details
2
Requires the prior submission of boundary treatment details
3
Requires the materials used in construction to be as per the samples submitted
4
Requires the parking area to be laid out prior to use
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5
Requires the prior submission of hard and/or soft landscape details
6
Requires the prior submission of a lighting scheme
7
Requires the prior submission of details of bird/bat boxes
8
Requires the prior submission of a sustainable drainage scheme
9
Requires the prior submission of a parking management strategy
10
Requires the scheme to be in accordance with the listed approved plans
11
Requires the prior installation of means of access
12
Requires the prior submission and completion of works for the S278/TRO Agreement
13
Requires pedestrian visibility splays to be provided
14
Requires vehicular visibility splays to be provided
15
Requires the travel plan to be reviewed annually
16
Limits occupation to full time students only
17
Requires the prior submission of details of fencing and other protective measures
adjoining the canal
18
Requires the prior submission of details of enhanced glazing
19
Requires the development to be carried out in accordance with the FRA
20
Requires the prior submission of a contamination remediation scheme
21
Requires the prior submission of a contaminated land verification report
22
Requires the submission of unexpected contamination details if found
23
Limits the approval to 3 years (Full)
Case Officer:
Neal Allcock
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Photo(s)
Figure 1: Site from Elliott Road
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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.100021326, 2010
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