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Committee Date: 11/06/2015 Application Number: 2015/02117/PA

Accepted: 23/03/2015 Application Type: Full Planning

Target Date: 22/06/2015

Ward: Edgbaston

54 George Road, Edgbaston, Birmingham, B15 1NP

Demolition of former petrol filling station and erection of a six storey mixed use scheme comprising student accommodation (Sui Generis) with ancillary communal facilities, use classes A1/A2/A3/A4 at ground floor level, with associated plant, access, cycle parking, service yard, landscaping and ancillary works Applicant: Pebble Mill Investments Ltd

c/o agent Agent: Turley

9 Colmore Row, Birmingham, B3 2BJ

Recommendation Approve Subject To Conditions 1. Proposal 1.1. Planning permission is sought for the erection of a six storey mixed use building

comprising student accommodation on floors 1 to 5 with a retail/commercial space (Class A1, A2, A3 and/or A4) at ground floor with associated servicing, landscaping and ancillary works.

1.2. The ground floor would comprise of a commercial space with a net internal area of

257sq.m with its entrance on the corner of Islington Row and George Road. A student accommodation lobby comprising stairs, mail boxes and a lift accessed from George Road and a refuse area, plant room, secure cycle storage for 14 cycles and service yard to the rear of the building accessed from George Road and adjacent to existing residential properties at Hampton Court. No on site car parking is proposed.

1.3. The student accommodation would be located on the first to fifth floors of the

proposed building and each floor would comprise of 4 studio apartments ranging from 16.3sq.m to 19.4sq.m and 1 cluster flat comprising 6 en-suite bedrooms at 11.3sq.m and a kitchen/living area. A small internal plant room of 24.9sq.m would be located on the roof along with an area of external plant. All of the upper floors would also have two bedrooms and a kitchen/living room fronting the side(north elevation) of Hampton Court to the rear of the site. Bedroom sizes would comply with the guidance in the Specific Needs Residential Uses SPG.

1.4. The building itself would have an active façade to both George Road and Islington

Row and would be constructed using brickwork with inserts formed from recessed metal cladding. The corner would have feature picture windows to the corner studio apartment to express a modern approach to the building although this would now

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utilise the same metal cladding as the window inserts rather than be feature ‘red boxes’ as per the previous planning approval.

1.5. The proposed building would measure 19.7m in height, 20m in width and a depth of

17.1m. The proposed plant room on the roof would provide a further 1.4m in height with a significant set back from the Islington Row frontage.

1.6. Proposed hours of opening for the commercial space are 0700-2300 hours Monday

to Sunday. 13 proposed full time equivalent jobs could be created. 1.7. The application is accompanied by a design and access statement, planning

statement, heritage statement, noise assessment, transport statement and an student accommodation demand statement.

1.8. Site area: 0.06Ha. 1.9. Link to Documents 2. Site & Surroundings 2.1. The application site is situated on the corner of George Road and Islington Row

Middleway, on the edge of the City Centre within Edgbaston ward. The site was formerly used as a petrol filling station with the majority of the buildings having been removed previously however the former filling station kiosk remains.

2.2. The site is situated within the Edgbaston Conservation Area, the boundary of which

runs along George Road and Islington Row Middleway. Islington Row Middleway is a pedestrian thoroughfare between Five Ways railway station and adjacent commercial and residential areas. The Attwood Green/Park Central residential neighbourhood is located close to the application site to the east.

2.3. The site is bounded to the east by a late 20th Century, three storey office block

(Pitney Bowes House) and to the south by a five storey, mid-20th Century residential block (Hampton Court). An eight storey multi-tenant office building (Five Ways House) is situated opposite the site to the west. Along George Road is a mix of building types ranging from 40’s and 50’s architecture, 1980’s office accommodation and Edwardian, Georgian and Victorian domestic architecture.

Site Location Map Street View

3. Planning History 3.1. 3 January 2008. 2007/06117/PA. Planning permission refused for the erection of five

storey office building, with retail (A1) or offices (B1a) at ground floor. Refused on the grounds of inadequate separation distance and impact on residential amenity.

3.2. 4 September 2008. 2008/03698/PA. Planning permission granted for the erection of

six storey office building, with either retail or offices at ground floor. Amended proposals following application 2007/06117/PA.

3.3. 23 June 2011. 2011/02005/PA. Planning permission granted to replace extant

planning permission 2008/03698/PA in order to extend the time limit for

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implementation for the erection of a six storey office building, with retail (A1) or offices (B1a) at ground floor.

3.4. 14 August 2012. 2012/04275/PA. Conservation Area Consent approved with

conditions for the demolition of the petrol filling station kiosk. 3.5. 5 September 2012. 2012/04274/PA. Demolition of former petrol filling station kiosk

and redevelopment to provide a five storey mixed use building comprising 12 residential apartments (4x1 bed & 8x2 bed) and either retail (Use Class A1), financial & professional services (Use Class A2) restaurant/cafe (Use Class A3) or drinking establishment (Use Class A4) at ground floor, together with ATM, access, parking, service yard, landscaping and ancillary works. Withdrawn.

3.6. 19 April 2013. 2013/00829/PA. Planning permission granted for the Demolition of

former petrol filling station kiosk and redevelopment to provide a six storey mixed use building comprising 6 no. 1 bed and 9 no. 2 bed residential apartment (Class C3), retail/office units (Class A1/A2), restaurant/cafe/drinking establishment (Class A3/A4) with associated access, parking, service yard, landscaping and ancillary works.

3.7. 18 July 2013. 2013/03328/PA. Temporary planning permission granted for the

change of use from vacant land (Sui Generis) to temporary car park (Sui Generis). Permission granted until 18 July 2016.

3.8. Site Opposite at Bath Court – 25 February 2015. 2014/08711/PA. Planning

permission granted for the demolition of existing building and erection of a 435 bed student accommodation building with ancillary facilities and ground floor hot food takeaway retail unit.

4. Consultation/PP Responses 4.1. Local residents, Ward Councillors, MP and residents associations notified. Site and

press notice posted. 6 Letters of objection have been received and these are detailed in turn below.

• Bedroom windows in Hampton Court will be overlooked by the proposed accommodation.

• Loss of views over the City. • Impact on daylight to side facing windows of Hampton Court. • Too dense a development in terms of people numbers within the

development. • Students should not be so close to normal residential properties that families

occupy. • Noise levels will increase day and night. • Proposed development should be avoided at all costs. • Allowing a drinking establishment under student accommodation is asking for

trouble. • Site is currently being used as a car park which relieves the burden of on

street parking. • Development will increase the problems of parking, litter and noise. • George Road already has parking problems, this development will make

matters worse. • Impact on parking during construction. Developer must find parking away

from free spaces on George Road.

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4.2. Letter of objection from Scrivens House who are located in the office building next door on Islington Row object on the grounds raised above and in addition:

• the proposal is over sized for the location and its proximity to adjoining buildings all of which are four storeys or less.

• The impact on Scrivens House of the current proposal is worse than previously proposed in 2012 as the western elevation of Scrivens House will be completely blocked, reducing light levels in not only the internal staircase but also the corner offices on two floors.

• The location of the site, being so close to its commercial and residential neighbours, is not suitable for a restaurant/café and/or drinking establishment.

• Therefore ask that further thought be given to the size of the development, the design of the western elevation and that permission be refused for the use of the ground floor as either a restaurant/café or drinking establishment.

4.3. West Midlands Police – No objection. Subject to planning approval, I would

recommend that this development is built to enhanced security standards as set by Police Crime Reduction initiative 'Secured by Design'.objections.

4.4. Regulatory Services – No objection subject to safeguarding conditions relating to

opening and delivery hours, plant and machinery and noise insulation. 4.5. Transportation – No objections subject to safeguarding conditions relating to

servicing/delivery management, travel plan, footway crossings, parking management and external storage.

5. Policy Context 5.1. NPPF, Birmingham UDP, Regeneration through Conservation SPG, Edgbaston

Conservation Area Character Appraisal and Management Plan, Specific Needs Residential Uses SPG, Places for All SPG, Places for Living SPG and the Draft Birmingham Development Plan.

6. Planning Considerations 6.1. The NPPF identifies that within the planning system lies a presumption in favour of

sustainable development where development proposals accord with the development plan. Sustainable development is identified as having three dimensions: an economic role; a social role and an environmental role. With regards to this proposal, these would relate to whether the proposal supports economic growth and provides jobs; provides student housing whilst creating a high quality built environment, and the protection and enhancement of the historic environment. PRINCIPLE OF DEVELOPMENT

6.2. The application site is located outside of the Edgbaston District Centre boundary and whilst policy identifies that retail development should be located in identified centres, planning permission has previously been approved for retail development at ground floor on this site. On this basis, the principle of retail is long established and therefore accepted. I note the objections in relation to the proposed A3/A4 Use Classes at ground floor and these have also previously been accepted in this location within the 2013 permission. West Midlands Police have also raised no objection to these uses on this site.

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6.3. There is no specific policy relating to provision of student accommodation in the adopted UDP. The public examination into the Birmingham Development Plan 2031 has recently taken place and the Inspector’s report is expected later this year. Although not yet adopted, weight should be given to the policies within the Draft BDP, and Policy TP32 refers specifically to student housing. It states that proposals for off campus provision will be considered favourably where:-

• There is a demonstrated need for the development. • The proposed development is very well located in relation to the educational

establishment that it is to serve and to the local facilities which will serve it, by means of walking, cycling and public transport.

• The proposed development will not have an unacceptable impact on the local neighbourhood and residential amenity.

• The scale, massing and architecture of the development is appropriate for the location.

• The design and layout of the accommodation together with the associated facilities provided will create a positive living experience.”

6.4. One of the aims of this policy is stated to be that the City Council wishes to ensure

that there is a sufficient supply of good quality accommodation which meets the needs of all members of the student community which is provided in a suitable and sustainable location, is well designed and provides a high quality living experience in attractive buildings which enhance the local area. In addition student households are in Government household projections and as such are included in the City’s housing requirement where the accommodation provided is self-contained studios apartments or ‘cluster flats’.

6.5. Although Policy TP32 has less weight than an adopted policy the applicants have submitted a Student Accommodation Demand Statement, which concludes that in Birmingham the five main higher education providers in the City account for about 56,385 full time students. They calculate that there are around 17,405 existing purpose built student bed spaces available representing 31% of full time students. If the number of student beds with planning permission are also taken into account this would deliver a further 9,036 rooms representing a provision at 26,441 or 47%.

6.6. The statement refers to a review by the City’s Universities which has indicated that

around 35,220 full time students were likely to have a requirement for accommodation and that supply currently stands at 18,055 rooms, thereby clearly indicating a need. The statement continues and identifies that the application proposal is for a small high quality scheme aimed more at mature students, with demands not untypical of international students.

6.7. I am therefore satisfied that there is demand for further student accommodation.

Moreover, the site is well located close to Birmingham’s major attractions, and being located close to the University of Birmingham, Aston University and Birmingham City University Westbourne Road Campus would appeal to students at these Universities. It is also well served by public transport with Five Ways station further down Islington Row Middleway and bus services that run along both Bath Row and Islington Middleway. In addition about 100m away is access to the Worcester & Birmingham Canal, which provides a footpath and a cycle path into the city centre and towards the University of Birmingham.

6.8. The development of housing generally within the City is encouraged by paragraph

5.32B of the UDP. The accommodation proposed would clearly not be available on the open market and would only be available to students. However by providing

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such housing specifically for students, the pressure on market housing to accommodate students is lessened, thereby most likely increasing the available stock of Birmingham’s market rented housing for the non-student sector. Although the housing would be for student use only, the proposal does incorporate a number of different forms of housing including studio apartments and 6-bed cluster flats. The provision of this mix of housing types accords with Places for Living and paragraph 5.7 of the adopted UDP.

6.9. The site is considered to be in a suitable and sustainable location and is within an area characterised with mixed use development, including a number of student residential schemes in the immediate vicinity of the site. Given these adjacent uses, and the close proximity of the site to public transport services and higher education institutions I consider that the proposed use is acceptable in principle and would meet the aspirations of the adopted UDP, which identifies the City's education and training institutions as the key to achieving a successful economy by creating a skilled and motivated workforce.

6.10. In principle, I consider that the proposed scheme complies with the policies outlined in the NPPF, adopted UDP and the Draft BDP in relation to the various retail uses and student housing proposed.

DESIGN, SCALE AND CONSERVATION AREA 6.11. Paragraph 3.27 of the UDP outlines that development in Conservation Areas should

preserve or enhance the character or appearance of the Conservation Area. Paragraph 137 of the NPPF states that “proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably.”

6.12. The elevational design concept remains largely unchanged from the previously approved application in 2013. The building's design would retain the strong, square frame but would utilise brick rather than wet-cast Portland stone with inserts formed from recessed metal cladding. The corner would have feature picture windows to the corner studio apartments to express a modern approach to the building although this would now utilise the same metal cladding as the window inserts rather than be feature ‘red boxes’ as per the previous planning approval. I consider that this proposal, compared to the 2013 approval, is more akin to the adjacent mansion blocks on George Road in terms of materials and design. The building line on Islington Row would be respected whilst the proposed building line would be slightly forward of the adjacent mansion blocks at Hampton and Richmond Courts.

6.13. The 2013 planning permission saw a building of 6 storeys in height with the top

storey providing three apartments. At that time, it was noted that the extra height compared to the adjacent Hampton Court flats would be noticeable but was considered to be of sufficient distance away not to be overbearing within the street scene (and was exactly the same as that previously approved in 2008). The current proposal remains at six storeys (five for student accommodation and retail at ground floor) and remains within the scale and mass approved in 2013. The building's height is still approximately midway between the lower Pitney Bowes House and the taller Five Ways House.

6.14. I consider the design approach to be appropriate, given the site's position on a major

road between the 20th Century buildings of Pitney Bowes House and Five Ways House. George Road also exhibits variation in building scale and design, from

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Georgian residential, to Five Ways House, to contemporary office and flatted buildings at nos. 19 and 35. Your Design and Conservation Officer considers the scheme design to be acceptable as the scale and mass are similar to the previous approvals and there is an active ground floor retail / commercial use proposed. The elevations provide an interesting and attractive facade in keeping with the character of both George Road and Islington Row Middleway. I concur with this view. As such, I consider that the proposal would enhance the character and appearance of the Edgbaston Conservation Area in accordance with paragraph 3.27 of the UDP and paragraph 137 of the NPPF.

RESIDENTIAL AMENITY - BUILDING SCALE AND PROXIMITY 6.15. The proposed student housing would all have bedroom sizes in excess of the

guidelines identified in the Specific Needs Residential Uses SPG. No external amenity space would be provided on site however, given the site location adjacent to the Middle Ring Road and on the edge of the City Centre, I consider this to be acceptable. The urban park within Attwood Green is within walking distance of the site. With regards to adequate separation distances, the rear elevation of the proposal lies at 13.7m (previously approved at 12.65m) from the side elevation of Hampton Court. These separation distances have increased from that previously approved in 2013.

6.16. The Hampton Court flats have their dining room, living room, and one bedroom

either facing the front to George Road, or to the rear to Enfield Road. One of the three windows in the front living room bay offers a view towards the application site, but this is an oblique view only. The kitchens are lit by internal lightwells. The ten flats adjacent to the application site have another bedroom and a small spare room facing the proposed building, whilst the proposed development would have a kitchen/living room and two bedroom windows on the first to fifth floors facing Hampton Court.

6.17. Residents' amenity is an important material planning consideration, but the site's

location, viability and future must also be considered. Places for Living emphasises the need to address good design principles, through careful design rather than a blanket application of numerical standards. The distance separation guidance in Places for Living suggests 15.5m for a three-storey flank wall (or taller wall). While the proposed building falls short of that distance at 13.7m (although increased from 12.6m in the 2013 approval), the applicant asserts that an even smaller footprint would not be financially viable and has looked at other types of uses versus footprints and this application proposal remains the only viable development for the site. An obscure glazing condition is recommended for the three windows in question on each of the new build floors to ensure that inter-visibility, and therefore privacy, between the new student accommodation and the Hampton Court flats is provided. The condition only relates to the glazing rather than requiring the windows to be non-opening. This would provide a similar arrangement to the previous consent.

6.18. The Hampton Court flats' most important habitable rooms, the dining room, living

room and kitchen, are unaffected by the proposal. The slightly larger bedroom (14.0sq.m) is also unaffected. Only the second bedroom (though a good size at 12.5sq.m) and the small spare room (5.5sq.m) face the application site. A bedroom is less sensitive than a living room or kitchen, and in this instance it is the flats' second bedroom. The submitted design and access statement includes a shadowing analysis for mid-summer (July) from 6am to 5pm that identifies that the proposed development would not shadow Hampton Court as the side elevation of Hampton

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Court would be in shade at 6am with or without the proposed development. By 8am, the majority of the windows on the side elevation of Hampton court would receive natural and direct sunlight but by 10am, Hampton court shades itself on the side elevation.

6.19. Further, the site is on the edge of the city centre where urban development is

intensive and can reasonably be expected to be large. I do not dispute that Hampton Court residents' daylight and outlook would be affected for the ten flats in question, but this should be viewed in the context of the site location, shadowing analysis and the nature of the rooms affected. Again, I note distance between the two buildings is increased compared to the 2013 consent.

6.20. In relation to residential amenity in terms of noise impact, the proposed service yard

would be located adjacent to Hampton Court and below bedroom windows of the proposed student accommodation. A noise assessment has been submitted which concludes that an impact from noise would not occur subject to an appropriate servicing management plan and glazing requirements for the new build apartments. Regulatory Services have raised no objections to the proposal subject to a number of safeguarding conditions relating to opening hours, delivery hours, plant and machinery and noise insulation.

6.21. I also note the objection from the adjacent commercial premises however, the

position of the proposed building on the application site remains as per the previous approval in 2013. On this basis, the impact on light to the stairwell and corner offices within the building remains the same as the impact from the previous approval and as such, I do not consider that an objection to this could be supported through this application.

6.22. Given the previous 2008 and 2013 approvals and a number of proposed

safeguarding conditions, I consider the scheme acceptable in terms of residential amenity.

RETAIL ELEMENT, PARKING AND SERVICING 6.23. Although located outside the retail area centred on Five Ways, the site is an edge-

of-city centre location, is positioned very close to the railway station, and between the station and city centre shops and offices. The retail floor space would be limited at 257sq.m. These retail uses are considered acceptable in principle. The ground floor unit's entrance faces the Middleway, so residents on George Road would not see or hear the comings and goings of customers at the doorway.

6.24. No parking is provided, but none is necessary at this central location with excellent

train and bus services. The one-hour parking limit during the working week would mean only a very small number of visitors to the offices would park on-street, where there is good daytime capacity. It is likely that most customers would be those on foot passing the site to or from Five Ways Station. A small convenience store would also be extremely handy for George Road and the proposed student residents.

6.25. Transportation have raised no objection to the proposal as the site is very close to

the City centre and is located next to Five Ways rail station, bus stops are nearby and availability for easy pedestrian/cycle access to the City centre. It is anticipated that very few customers would visit the retail element by car as the retail floor space is aimed at pedestrians walking to and from Five Ways station. If the premises were used as financial or restaurant uses, car parking provision would not necessarily be

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required as with many businesses in this area. Limited on street parking is available nearby.

OTHER ISSUES 6.26. I note the objections received in relation to the proposed commercial use at ground

floor. The frontage of the application site sits on the middle ring road and is adjacent to the Edgbaston/Five Ways/Islington Row shopping centre. The proposed use does not require assessment against retail policy due to its limited size however the location is considered to be in accordance with policy and is located in an area of high footfall due to its location by Five Ways Railway Station. On this basis, I do not agree with the objections raised by interested parties in relation to the proposed use being out of character with the area nor the likelihood of increase in anti-social behaviour from the proposed use and do not consider that a refusal on these grounds could be sustained.

7. Conclusion 7.1. The application seeks planning permission for a building for which planning

permission has been previously approved with separation distances increased from those previously approved. The proposed scale, massing and design of the building matches and improves on that previously approved and, as per the previous approval, ten flats at Hampton Court would have their daylight and outlook reduced. However, some change could be expected at this edge-of-city centre site, where land is developed intensively. Privacy would be addressed on the proposed rear elevation by obscured glazing. I consider the proposal to meet the requirements of sustainable development and is generally policy compliant. On this basis, I consider the effects upon residential amenity to be within reasonable grounds.

8. Recommendation 8.1. That planning permission is granted subject to the conditions listed below. 1 Requires the scheme to be in accordance with the listed approved plans

2 Requires the agreed mobility access to be maintained

3 Requires the prior submission of a contamination remediation scheme

4 Requires the prior submission of a contaminated land verification report

5 Requires the submission of contamination remediation monitoring in accordance with

the agreed plan

6 Limits the hours of use 0700-2300 Monday to Sunday

7 Limits delivery time of goods to or from the site 0800-1900 Monday to Saturday and 1200-1600 on Sundays and Bank Holidays.

8 Prevents storage except in authorised area

9 Requires the prior submission of a drainage scheme

10 Requires the prior submission of extraction and odour control details

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11 Limits the noise levels for Plant and Machinery

12 Requires the prior submission a noise study to establish residential acoustic protection

13 Requires the prior submission of noise insulation (variable)

14 Requires the prior submission of a goods delivery strategy

15 Requires the prior submission details obscure glazing for specific areas of the

approved building

16 Requires the prior submission of hard and/or soft landscape details

17 Requires the prior submission of hard surfacing materials

18 Requires the prior submission of boundary treatment details

19 Requires the prior submission of a construction method statement/management plan

20 Requires the prior submission of sample materials

21 Requires the prior submission of a parking management strategy

22 Requires the prior submission of a commercial travel plan

23 Requires the delivery and service area prior to occupation

24 Requires the prior submission of a residential travel plan

25 Requires the prior submission of cycle storage details

26 Provision and reinstatement of footway crossings

27 Limits the approval to 3 years (Full) Case Officer: Pam Brennan

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Photo(s)

View of site from corner of George Road and Islington Row

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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