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Committee Date: 14/11/2013 Application Number: 2013/06429/PA

Accepted: 27/08/2013 Application Type: Outline

Target Date: 26/11/2013

Ward: Longbridge

Former Flight Shed Yard, Corner of Lowhill Lane & Groveley Lane, Longbridge, Birmingham, B45 8UN,

Outline planning application (with all matters reserved, except access) for the erection of up to 95 dwellings. Applicant: St Modwen Developments Ltd

c/o The Agent Agent: Planning Prospects Ltd

1 Broomhall Business Centre, Broomhall Lane, Worcester, WR5 2NT

Recommendation Approve Subject To A Section 106 Legal Agreement 1. Background 1.1 This application and a further two applications 2013/06476/PA and 2013/06311/PA

on this agenda are to be determined as a single package as the applications are integral and inter-reliant to each other and cannot therefore be determined in isolation. The applications propose up to 392 dwellings across three sites with the provision of 60 affordable units provided on Phase 3 (2013/06476/PA). The 60 units would be funded by off-site contributions from this development and the proposed development on Phase 4 (2013/06311/PA). This affordable housing provision would equate to 15% across the three sites, which the applicant states is greater than could be achieved if provision were made separately on each site (11%).

1.2 Phase 4 (2013/06311/PA) seeks planning permission for up to 215 dwellings. Phase 3 (2013/06476/PA) seeks planning permission for 18 houses and 64 flats. Flightshed (2013/06429/PA) seeks permission for up to 95 dwellings. 2. Proposal 2.1. This application seeks outline planning permission for the erection of residential

development consisting of up to 95 dwellings. The application has all matters reserved apart from access.

2.2. An indicative layout has been submitted to establish that the maximum number of

units proposed (95) can be satisfactorily accommodated within the site. The indicative layout plan identifies the mix of units to be 2 five bedroom houses, 31 four bedroom houses, 30 three bedroom houses, 6 two bedroom houses, 18 two bedroom apartments and 8 one bedroom apartments with car parking ratios of 100% for the apartments and 200% for the houses. Issues of appearance, scale, layout and landscaping have been reserved.

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2.3. One vehicular access points is shown from both Lowhill Lane and Groveley Lane. The indicative layout plan shows two culs-de-sac leading from a central spine road that links through from Lowhill Lane and Groveley Lane. Pedestrian routes onto the site would be available at three points along Lowhill Lane and one point along Groveley Lane.

2.4. An indicative scale plan has been submitted that illustrates the majority of the

dwellings would be two storeys in height with a number backing onto the landscaped embankment with MG Motors UK (formerly Nanjing) being two and a half storeys. On the corner of Groveley Land and Lowhill Lane would be apartments that would be three storeys in height rising to 4 storeys on the corner.

2.5. The site slopes from the north-western boundary (along Lowhill Lane) down towards

the south-eastern boundary (adjacent Groveley Lane). There is an approximate level difference ranging between 187.0m to 175.0m AOD between boundary to boundary, The north-east boundary is bound by a wooded embankment with an approximate rising gradient of 1 in 1.7, the north-west is also bound by a wooded embankment with an approximate rising gradient of 1 in 1.3. Groveley Lane runs parallel along the south-east boundary with Lowhill Lane running parallel along the south-west boundary.

2.6. Following demolition of the buildings in 2011, the site now consists of two main

concrete slab areas which are split over two levels. The main slab which covers the majority of the site is at approximately 181.500m AOD and the lower slab to the south of the site is at 174.860m AOD, level with Groveley Lane. The site would be re-graded to fall from north to south with site levels ranging from 186.40m AOD to 175.50m AOD by removing sections of the existing ground retention slopes and retaining walls to the north of the site.

2.7. A Design and Access Statement, Drainage Strategy and Flood Risk Assessment,

Geo-Environmental Report, Noise Assessment, Phase 1 Habitat Assessment, Badger Survey, Bat Survey, Transport Statement, Planning Statement, Viability Appraisal and Tree Survey have been submitted in support of the application.

2.8. The site area is 3.13ha and the scheme proposes a density of 30 dwellings per

hectare however this includes a large area of wooded embankment which if excluded would result in a higher density than the 30 currently proposed.

2.9. The Local Planning Authority has concluded that an Environmental Impact

Assessment is not required for this proposal. Indicative Site Plan 3. Site & Surroundings 3.1. The site is located at the junction of Lowhill Lane and Groveley Lane, adjoining the

administrative boundary of Birmingham City with Bromsgrove District and Cofton Hackett.

3.2. The site has its frontage to both Lowhill Lane and Groveley Lane and also adjoins

the existing MG Motors site to the rear but MG Motors are at a significantly higher level behind an extensive and densely wooded embankment. The car plant remains operational however this change in level makes this site distinct and separate from the existing works.

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3.3. Cofton Park is located opposite the site across Lowhill Lane. 3.4. Across Groveley Lane is the former Powertrain site, known as Longbridge East. The

site has planning permission for residential development and a new park and is currently under construction. Lowhill Lane at this point is now characterised by housing, both the new housing under construction on the Longbridge East site and also long established housing further along Groveley Lane at Cofton Hackett. Also across from the application site sits the Cofton Centre, an existing B2/B8 design and build employment site.

Site Location Map Streetview 4. Planning History – Extensive History including: 4.1. 2013/06431/PA. Highway access road and footway, associated drainage

infrastructure, lighting and landscaping (North Works). Awaiting determination elsewhere on this agenda.

4.2. 2013/06311/PA. Outline planning application for residential development (upto 215

dwellings), access, parking and landscaping (Phase 4). All matters reserved. Awaiting determination elsewhere on this agenda.

4.3. 2013/06476/PA. Residential development comprising 18 no. 2, 3 and 4 bedroom

houses and 64 1 and 2 bedroom apartments, access, parking and landscaping (Phase 3). Awaiting determination elsewhere on this agenda.

4.4. 2013/06430/PA. Re-profiling and remodelling of site levels, remediation works and

creation of two vehicular access points (Flightshed). Awaiting determination elsewhere on this agenda.

4.5. 26 June 2013. 2013/02292/PA. Outline planning application (with all matters

reserved except access) for the erection of up to 95 dwellings and works associated with re-profiling of site levels (Flightshed). Withdrawn by applicant.

5. Consultation/PP Responses 5.1 Local residents, Ward Councillors for both Longbridge and Northfield wards, MP and

Resident Associations notified. Site and Press notices posted advertising the application as a major development that would be a departure from the development plan. A letter of comment has been received from Councillor Corns stating that as changes have been made to the original concept to the Longbridge development in order to introduce this scheme it may compromise the original intention of the overall development to produce some 10,000 jobs.

5.2 Centro – No objection. The application site is served by the 47 bus service providing

a high frequency service to Birmingham City Centre. There is a bus stop pole located on Groveley Lane adjacent to the application site which may require relocating. Planning approval should not be granted until a new location for the bus stop has been agreed to by Centro, the highway authority and the bus operators, and the appropriate consultation has taken place. Also, the applicant should be made aware that the full costs of the relocation must be borne by them. If this is unacceptable to the applicant or there is no suitable alternative location for the bus stop, then it

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should be ensured that the design of the proposed development would not prejudice the bus stop in its existing location.

5.3 West Midlands Fire Service – No objection. 5.4 Regulatory Services – No objection subject to contaminated land and noise

conditions and a Section 106 agreement relating to contaminated land issues. 5.5 Environment Agency – No objection subject to safeguarding conditions relating to

contaminated land, monitoring, foundations, surface water drainage and a Section 106 agreement relating to contaminated land issues.

5.6 Severn Trent Water – No objection subject to a drainage condition. 5.7 West Midlands Police – No objection but concern is raised regarding parking

courtyards. 5.8 Transportation – No objection subject to safeguarding conditions relating to S278

Agreement, Construction Management Plan and Visibility Splays. 5.9 Local Services - No objections in principle. The site is adjacent to Cofton Park. The

resultant increase in population from this development will still have an impact on the existing infrastructure and an off-site contribution for £196,000 is required. I accept that due to the proximity of the new play area in Cofton Park, there is no need for a play area contribution. This money would be spent on the improvement and maintenance of public open space in the Longbridge Ward.

6. Policy Context 6.1. National Planning Policy Framework, Longbridge Area Action Plan, Birmingham

UDP, Draft Birmingham Development Plan (DBDP), Car Parking Guidelines SPD, Places for Living SPG, Affordable Housing SPG, Loss of Industrial Land to Alternative Uses SPD, Public Open Space in New Residential Developments SPD.

7. Planning Considerations 7.1 The application site sits within the Longbridge Area Action Plan (AAP) framework,

which forms part of the Development Plan for the purposes of determining planning applications. The AAP contains a shared vision for Longbridge:

"Longbridge will undergo major transformational change redeveloping the former car plant and surrounding area into an exemplar sustainable, employment led mixed use development for the benefit of the local community, Birmingham, Bromsgrove, the region and beyond. It will deliver new jobs, houses, community, leisure and educational facilities as well as providing an identifiable and accessible new heart for the area. All development will embody the principles of sustainability, sustainable communities and inclusiveness. At the heart of the vision is a commitment to high quality design that can create a real sense of place with a strong identity and distinctive character. All of this will make it a place where people will want to live, work, visit and invest and which provides a secure and positive future for local people."

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Loss of Employment Land

7.2 The AAP designates this site under Policy EZ2 Nanjing for employment uses. Paragraph 3.113 of the AAP states that “Nanjing Automobile Corporation (NAC) has potential to make a significant contribution to the city and region’s economy. NAC has indicated that they wish to continue car manufacturing and to ensure that the land uses adjacent to their boundary do not restrict their core manufacturing business. The continued occupation of the site by NAC is therefore supported. Proposals for further car production and other related manufacturing activities will be encouraged, including activities that intensify production and increase jobs to make efficient use of the landholding.”

7.3 Proposal EZ2 states that “the site is allocated for employment uses within Class B1b

and c, Class B2 and Class B8. Surplus land within the site is likely to become available for development. Future uses on this land will be considered within the context of the overall aims of the Area Action Plan and the adjoining land uses.”

7.4 The Draft Birmingham Development Plan identifies Longbridge as a key area for

housing and economic growth in accordance with the adopted AAP. The DBDP identifies areas of the former MG Motors site as Core Employment Areas and has omitted the sites through the Strategic Housing Land Availability Assessment (SHLAA). The application site sits within an identified DBDP Core Employment Area.

7.5 Policy TP19 states that “The Core Employment Areas, defined on the Policies Map,

will be safeguarded for employment development and other uses appropriate for employment areas such as waste management activities. Outside of Core Employment Areas there are occasions where employment land has become obsolete and can no longer make a contribution towards the portfolio of employment land. In such cases change of use proposals from employment land to other uses will be supported where it can be demonstrated that either:

• The site is considered a non-conforming use, or • The site is no longer attractive for employment development based on the

marketing,viability and other tests set out in the SPD on the Loss of Industrial Land to Alternative Uses.

Proposals involving the loss of employment land will be expected to make a financial contribution towards the upgrading and improvement of the quality of other employment land within the vicinity of the development.”

7.6 Paragraph 22 of the NPPF states that “planning policies should avoid the long term

protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.”

7.7 As the site is designated for employment purposes and residential development is

proposed, the applicant has acknowledged that the proposal should be considered against the Loss of Industrial Land to Alternative Uses SPD. The SPD requires two tests to be complied with; that of a minimum two years worth of marketing and a viability assessment addressing why industrial redevelopment is not a viable option. However, Paragraph 5.9 of the SPD identifies that there will be occasions where it can be demonstrated that there are good planning grounds to depart from the general presumption against the loss of industrial land and that this could include

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large-scale mixed-use regeneration proposals that are identified in other Council planning documents. The applicants rely on this exception.

7.8 The AAP acknowledges that land occupied by MG Motors UK would become surplus

to requirements and that it would be likely redeveloped for other future uses despite the land allocation being for employment. On this basis and given that phases 1 and 2 of the Lickey Road housing development (also located on EZ2 land) have been previously approved on this surplus land and were agreed that they accorded with the aims and objectives of the AAP, I consider that the principle of residential accommodation for Phase 3 on this surplus employment land is acceptable and accords with AAP policy.

Development for Housing 7.9 The NPPF seeks to ensure the provision of sustainable development, of good quality,

in appropriate locations and sets out principles for developing sustainable communities. The NPPF promotes high quality design and a good standard of amenity for all existing and future occupants of land and buildings. It encourages the effective use of land by utilising brown-field sites and focusing development in locations that are sustainable and can make the fullest use of public transport, walking and cycling. The NPPF seeks to boost housing supply and supports the delivery of a wide choice of high quality homes, with a mix of housing (particularly in terms of type/tenure) to create sustainable, inclusive and mixed communities.

7.10 The UDP also supports a more sustainable pattern of development by re-using

brown-field sites in suitable locations. The UDP requires that new housing developments should provide an appropriate environment (paragraphs 5.20-5.20A), a suitable housing density and mix (paragraph 5.40) and encourages a full range of housing types and sizes including those for people with disabilities and other specific needs (5.35 and 5.37). Paragraph 5.38 identifies that densities of at least 50 dwellings per hectare will be expected in local centres and corridors well served by public transport, with 40 dwellings per hectare elsewhere. Paragraphs 5.37 (A-G) relate to the requirement for the provision of affordable housing. The NPPF seeks affordable housing for schemes 15 units or more. Paragraphs 3.14D-E, of the UDP states that new housing development should be designed in accordance with good urban design principles.

7.11 Places for Living encourages good quality accommodation in attractive

environments. It contains a series of urban design principles with emphasis to assessing context and responding positively to local character. ‘Places for All’ SPG also emphasises the importance of good design, high quality environments, again with an emphasis on context.

7.12 Policy TP27, of the emerging Birmingham Development Plan, states that the location

of new housing should be on previously developed land, be accessible to jobs, shops and services by other modes of transport, be sympathetic to natural assets and not conflict with other core strategy policies in relation to the protection of core employment areas, green belt and open space. Policy TP29 refers to new housing offering a choice of type, size and tenure to create balanced and sustainable communities.

7.13 Aside from the issue of industrial land, the principle of redeveloping this site for

residential purposes would be a positive move in line with national and local policy. The sites around the application site are being redeveloped for housing and the

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proposal is supported by AAP policy. The site is located adjacent to a public transport corridor that leads to the City Centre and to Bromsgrove.

Design Issues 7.14 Scale (indicative) – The scheme proposes buildings generally of 2 and 2.5 storeys,

with a 3, rising to 4 storey apartment block proposed on the corner of Groveley Lane and Lowhill Lane. New residential development is currently under construction on the former Longbridge East Works and this would also predominantly be 2-2.5 storeys in height. I am satisfied that the proposed scale would be appropriate for the local context although this matter remains for future consideration as part of a forthcoming Reserved matters submission.

7.15 Layout (indicative) - The indicative layout shows a development of 95 units with a mix

of 2, 3, 4 and 5 bedroom properties with two access points off Groveley Lane and Lowhill Lane. New housing would front the existing perimeter roads and the new internal roads creating a clearly defined public realm with private gardens that would be properly framed by buildings. This would create a successful ‘back-to-back’ relationship providing a logical and coherent sense of place. The scheme shows how a density of 30 dwellings per hectare could be suitably accommodated on site. As the layout plan is indicative only it shows one potential solution to how the site could be arranged, but more importantly it shows key Masterplan principles that could be translated into a range of different solutions for the site. The density is low due to the inclusion of a large area of wooded embankment within the red line site plan and its location in a low density open aspect residential area. High density urban housing would not be considered acceptable in this location.

7.16 I am also satisfied that Places for Living guidelines can be suitably met in terms of

separation distances, garden sizes and bedroom sizes when further details are available when considering reserved matters later. My City Design advisor considers that the indicative layout is generally acceptable subject to a number of issues that would need to be addressed for a reserved matters submission. These issues include car parking, parking courtyards (as also raised by West Midlands Police) and some separation distances and have been raised with the applicant.

7.17 Access – Vehicular access is afforded by two points; one from Groveley Lane and

one from Lowhill Lane whilst pedestrian access could be achieved through a number of further access points from the perimeter roads. This arrangement would enable the creation of two culs-de-sac roads with the central spine running in from one Groveley Lane and out at Lowhill Lane (or vice versa). This arrangement is considered acceptable in layout and design terms.

7.18 Landscaping – This matter is reserved for future approval and as such no detailed

proposals have been submitted. A landscaping strategy is included within the submitted design and access statement that identifies existing woodland vegetation would be retained, and enhanced where possible, and new planting would be provided within the embankment and housing layout. As such, subject to suitable conditions, I am satisfied that a detailed landscape scheme can be developed to suit the character of the proposed indicative layout and the surrounding area.

Transportation 7.19 The submitted Transport Statement considers the traffic impacts of the proposed

scheme. It notes that the travel demand would be low with only 50 vehicular trips being generated in the peak hours and that the local highway network can

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accommodate the proposed vehicular trip increase. The statement also notes the site is located on the number 47 bus route providing access to the City centre in a highly sustainable location with access to numerous bus services via Hagley Road.

7.20 Car Parking Guidelines (SPD) identifies that the site is within zone 3, where there is a

requirement for a maximum parking provision of 2 spaces per dwelling. The indicative layout shows a parking provision of 200% for houses and 100% for apartments with a site average of 173%. Transportation have raised no objection to the proposal subject to conditions to require a Residential Travel Plan, a construction management plan and for any works in the highway to be detailed and agreed by condition. I concur with these conclusions.

Noise 7.21 A noise assessment was undertaken to support the proposal of residential

development on this site adjacent to an existing industrial occupier. The report concluded that the overall noise climate is determined by road traffic movement on Lowhill Lane and Groveley Lane. Train movements on the Cross City Line, to the east of the site, are screened from the site and have no significant influence on the overall noise climate. There was no significant noticeable noise from the MG Motors works and, consequently, the works have no influence on the overall noise levels measured at site. It is noted that the works site level is elevated above the development site and screened from it by the intervening embankment. Proposed sound levels for habitable rooms overlooking the existing perimeter roads would fall within BCC Categories C (i) and C (ii) and acoustic rated glazing would need to be installed. Where dwellings are to be set back from the roadside boundary the specification of windows would need to meet Category B. The report also identifies that background ventilation can be achieved by the use of appropriate acoustic rated trickle vents.

7.22 Regulatory Services have raised no objections to the proposal on noise grounds and

recommend a number of safeguarding conditions relating to noise insulation requirements for properties fronting Lowhill Lane and Groveley Lane.

Contaminated Land 7.23 Paragraph 120 of the NPPF states that “to prevent unacceptable risks from pollution

and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.”

7.24 Paragraph 121 identifies that planning decisions should ensure that:

• “The site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation;

• After remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990; and

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• Adequate site investigation information, prepared by a competent person, is presented.”

7.25 Whilst the site remediation is dealt with under application 2013/06430/PA, to be

determined elsewhere on this agenda, a short Geo-Environmental Report has been submitted in support of this housing application. The report identifies that a number of monitoring works and ground investigation works are required so as to understand the necessary remediation works required to be undertaken. Some further monitoring and assessment work has been undertaken since the previous application was withdrawn.

7.26 To date over 450,000 litres of petrol has been recovered from beneath the Flightshed

site. However recent monitoring has shown that a significant degree of petrol pollution is still present. In terms of the future site occupiers, the risks emanate from the ingress of petrol vapours which contain substances that are either carcinogenic or highly toxic. Petrol vapours may also be flammable/explosive at concentrations in indoor air above 1%. The work undertaken to date by the applicants suggests that these risks can be managed during the development of the site. However petrol contamination is still present and has the potential to impact on the health of future site occupiers and controlled waters receptors on-site, and off-site to the south. Recent monitoring has also shown that diesel contamination is migrating onto the site, probably from the MG Motors UK site to the north, which will require assessment and remediation.

7.27 Following reprofiling works (2013/06430/PA), it is proposed to provide a series of

ground gas monitoring boreholes and soil vapour wells to monitor the subsurface ground gas and soil vapour regime. The further monitoring and assessment works required to prepare a detailed remediation strategy are proposed to take a maximum of 12 months from the grant of planning permission. At this stage, the length of time required for remediation works is unknown.

7.28 In terms of protecting human health the greatest potential for risk will be from the

future occupiers of the proposed dwellings inhaling vapours arising from the petroleum hydrocarbon contamination in indoor air. Whilst it is not possible at this time to state with certainty what measures will ultimately be required to mitigate such risks, should they prove to be significant, it is reasonable to assume that it will be necessary to design the foundations of the proposed dwellings to provide adequate ventilation and incorporate a vapour resistant membrane. This will enable the risks to the development to be managed. However it will also be necessary to remove the permitted development rights at the site, so that all new development (such as extensions, conservatories, outbuildings, etc.) requires separate planning approval so that a similar level of protection can also be provided if necessary.

7.29 The Environment Agency raises no objection to the proposal subject to a number of

conditions and a Section 106 agreement. This position concurs with the recommendation from the City’s contaminated land officers in Regulatory Services.

Ecology and Trees 7.30 A Phase 1 Habitat Survey and Assessment, along with a bat and badger survey and

tree survey have been submitted in support of the application. The habitats recorded on site are considered to be of local value and essentially located within the rear boundary woodland areas, which would remain largely untouched by the works proposed. Re-profiling works are proposed in the application earlier on this agenda (2013/06430/PA), and the associated tree and ecological matters addressed in detail

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there. Nevertheless, I also attach a range of tree and ecological conditions to this housing proposal to fully safeguard ecological interests during all construction phases, and then for mitigation and improvement within the new housing layout, and then for long-term positive nature conservation management. Both the City Ecologist and my Tree Officer are satisfied the application may be approved.

Drainage and Flood Risk 7.31 The submitted Drainage and Flood Risk Assessment (FRA) identifies that the

development site has been identified as falling within Flood Zone 1 with the nearest flood risk areas being the River Rea which is approximately 1.2km to the north of the site and the River Arrow after the Upper Bittel Reservoir which is 2.4km to the south of the site. The assessment identifies that the site has existing surface water runoff draining directly to the public surface water sewer under Lowhill Lane through an unrestricted 600mm diameter pipe and foul sewage is drained by gravity to an existing 225mm diameter pipe at the southern/west end of the application site, across Groveley Lane and outfalls into the existing public foul sewer. As a result of the sites previous use, areas of localised contamination exist and onsite water quality is presumed poor.

7.32 The assessment concludes that the proposed development would offer a reduction to

impermeable areas on the site of approximately 35% dependant on the final residential layout. During design exceedence events, overloading of the drainage network will occur and cause overland flow. However, the final detailed design of the development would direct overland flow away from buildings and towards landscaped areas and the carriageway. As the direction of the overland flow would follow the grade of the reprofiled site, it is expected that the direction of the flow shall be to the south/west of the site at its lowest point. Final levels should allow the collection of water on the residential carriageway and any public open space. Groundwater from Cofton Park has been captured by the numerous springs which connect at a low level to the public sewer system along Lowhill Lane and Groveley Lane thereby capturing any high level groundwater and directing it away from the site, removing the risk of groundwater flooding from the site. Any overland flow caused by the surcharging of the public network in Lowhill Lane/Groveley Lane during a peak storm even is channelled within the carriageway due to the high vertical gradient and collects at the low point of Groveley Lane, thus away from the application site and removing the risk of flooding from this source. Severn Trent Water has not objected to the application subject to a safeguarding condition relating to detailed drainage design. The Environment Agency has recommended a number of safeguarding conditions.

Longbridge Infrastructure Tariff and Section 106 Issues 7.33 As the scheme proposes residential development in excess of 15 units, 35%

affordable housing across the whole Longbridge site would normally be required. Policy TP30 of the draft BDP states that “the level of developer subsidy will be established taking account of the above percentage and the types and sizes of dwellings proposed. The City Council may seek to negotiate with the developer in order to revise the mix of affordable dwellings (for instance to secure additional larger dwellings) or to adjust the level of subsidy on individual dwellings (a higher subsidy may be required in high value areas). Where such negotiations impact on the number of affordable dwellings secured the level of developer subsidy should be unchanged. There will be a strong presumption in favour of the affordable homes being fully integrated within proposed development. However the City Council may consider off site provision, for instance to enable other policy objectives to be met, subject to an equivalent level of developer contribution being provided. Off site provision could be

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either by way of the developer directly providing affordable dwellings on an alternative site, or by making a financial contribution which would enable provision either through new build on an alternative site, by bringing vacant affordable dwellings back into use or through the conversion of existing affordable dwellings to enable them to better meet priority needs. In phased housing developments, developers will be expected to provide details of the affordable housing provision in each phase, including the number and type of affordable dwellings to be provided.”

7.34 In accordance with the requirements of the Area Action Plan Longbridge

Infrastructure Tariff (LIT), the proposed residential development of 95 dwellings would require a payment of £16,500 per unit equating to a total of £1,567,500.

7.35 Paragraph 4.5 of the AAP states that where viability is an issue in terms of difficult

market conditions “a flexible approach to any negotiations at planning application stage will be required to ensure viability and that the delivery of an acceptable scheme on the ground is not constrained or delayed.” This is further explained in Paragraph 4.25 which states “It is recognised that market conditions are subject to change, and that these can impact on the viability of development. If at the time planning applications are submitted, it can be shown through an open development appraisal, that a scheme may be unviable if the LAAP’s policies have to be applied in full, then the Local Authorities will enter into detailed negotiations with the applicants to determine what may be acceptable to enable the scheme to proceed.”

7.36 Two viability assessments have been provided assessing two different options in

relation to the LIT and affordable housing. Option A would provide 15% on-site affordable housing provision of 14 affordable units comprising 10 x 2 bedroom apartments and 4 x 1 bedroom apartments, and a LIT contribution of £237,500 (equating to £2,500 per dwelling) with a 17.5% profit on cost (14.98% profit on gross development value) return. Option B would provide no affordable housing on this site but would provide an off-site cross subsidy contribution of £1.5 million towards the provision of 60 affordable units (a 15% provision across the three sites from up to 392 units) on Phase 3 Lickey Road (to be determined elsewhere on this agenda), and a LIT contribution of £237,500 with a 17.51% profit on cost (14.90% profit on gross development value) return. The 60 affordable units would comprise 9no. 1 bedroom apartments, 49no. 2 bedroom apartments both of which would be available as affordable rent and 2no. 2 bedroom houses which would be offered for shared equity.

7.37 My Housing Officer has advised that either option could be acceptable but that

Option B would ensure the delivery of affordable units much earlier in the development programme because Phase 3 is programmed for construction starting in 2014 and delivery of the affordable units would be linked to the occupation of units on Phase 4 and Flightshed. It is noted that the units offered would be 1 and 2 bedroom apartments. An agreement between the City and Bromsgrove District Council allows cross boundary housing needs to be met (on a split of 50/50) and as such, the proposed apartments would meet a greater housing need for this type of accommodation from Bromsgrove District in accordance with the AAP and the larger properties that are required by the City would potentially be provided by East Works (under Bromsgrove District). The two bedroom houses proposed would meet the City’s requirements.

7.38 I note the viability appraisals submitted by the applicant, and that these outline that

the scheme is unable to support a greater level of LIT contribution or affordable housing provision. The viability assessment has been reviewed in-house and I concur with the assessment’s conclusions. On this basis, I consider that the provision

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of no on site affordable housing but, in conjunction with 2013/06311/PA, the provision of 60 affordable units provided on the Phase 3 Lickey Road housing site (2013/06476/PA) to be determined elsewhere on this agenda and a LIT contribution of £237,500 to be acceptable and broadly in accordance with policy.

8. Conclusion 8.1 The proposed development would see a commitment from St Modwen to continue

delivering new homes at Longbridge. The development proposals continue to contribute to the vision and objectives for Longbridge established within the AAP. The proposal would result in the loss of land allocated within the AAP for employment however AAP policy expected some of this land to become surplus and so be made available for other development. The land has been returned to St Modwen by MG Motors UK and the policy identifies that future uses on this land will be considered for other development within the context of the overall aims of the Area Action Plan and adjoining land uses.

9. Recommendation 9.1 That consideration of application number 2013/06429/PA is deferred pending the

completion of a suitable legal agreement to secure the following:

a) An index linked financial contribution of £237,500 towards the spend priorities of the Longbridge Infrastructure Tariff identified in Table 2 of the Longbridge Area Action Plan 2009 payable as 25% on commencement of development, 25% on first occupation, 25% on 50% occupation and 25% on 95% occupation.

b) The provision, in conjunction with 2013/06311/PA, of 60 affordable housing

units comprising 9, 1 bedroom apartments; 49, 2 bedroom apartments both for affordable rent and 2, 2 bedroom houses for shared equity on Phase 3 Lickey Road (2013/06476/PA).

c) Appropriate assessment, mitigation and long-term monitoring measures for

existing on site and cross boundary land contamination issues. d) A continued commitment to remain in a Local Training and Employment

Scheme with the City Council and other agencies and employ local people (target of 60%) during construction of the development.

e) Payment of a monitoring and administration fee associated with the legal

agreement subject to a minimum contribution of £1,500 and a maximum of £10,000.

9.2 That the Director of Legal and Democratic Services be authorised to prepare, seal

and complete the appropriate agreement. 9.3 That in the event of the above legal agreement not being completed to the

satisfaction of the Local Planning Authority, on or before 21 November 2013, planning permission be refused for the following reasons:

a) In the absence of any suitable planning obligation to secure a Longbridge

Infrastructure Tariff financial contribution of £237,500 and in conjunction with 2013/06311/PA, the provision of 60 affordable housing units comprising 9, 1 bedroom apartments; 49, 2 bedroom apartments both for affordable rent and 2, 2 bedroom houses for shared equity on Phase 3 Lickey Road (2013/06476/PA), the

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proposed development conflicts with the Longbridge Area Action Plan 2009 and specifically Part D Delivery and Implementation, paragraphs 2.2, 2.5, 2.17 and 3.6; Paragraphs 5.20 and 5.20A of the Birmingham UDP.

b) In the absence of any suitable planning obligation to secure appropriate assessment, mitigation and long-term monitoring measures in relation to the site contamination, the proposed development conflicts with Paragraphs 120 and 121 of the NPPF and Paragraphs 3.8 and 3.10 of the Birmingham UDP.

9.4 That in the event of the above legal agreement being completed to the satisfaction of

the Local Planning Authority on or before 21 November 2013, favourable consideration would be given to the application 2013/06429/PA subject to the conditions listed below.

1 Requires the submission of reserved matter details following an outline approval

2 Requires the scheme to be in accordance with the listed approved plans

3 Limits the layout plans to being indicative only

4 Requires the prior submission of a contamination remediation scheme

5 Requires the prior submission of a contaminated land verification report

6 Requires the submission of unexpected contamination details if found

7 Foundation Design and Groundwater Risk

8 Surface water drainage and controlled waters

9 Requires the prior submission of a drainage scheme

10 Requires the prior submission of a legally protected species and habitat protection

plan

11 Requires the prior submission of an additional bat survey

12 Requires the prior submission of a construction ecological mitigation plan

13 Requires the prior submission of a scheme for ecological/biodiversity/enhancement measures

14 Requires the prior submission of a habitat/nature conservation management plan

15 Secures noise and vibration levels for habitable rooms

16 Limits the maximum number of dwellings to 95

17 Limits the number of apartments to 26 with at least 84% having at least 2 bedrooms

18 Requires the prior submission of hard surfacing materials

19 Requires the prior submission of boundary treatment details

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20 Requires the prior submission of a landscape management plan

21 Requires the prior submission of a lighting scheme

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

23 Requires the prior submission of sample materials

24 Requires the prior submission of level details

25 Removes PD Rights for hard surfacing of front garden

26 Removes PD rights for extensions and outbuildings

27 Requires the prior submission of relocated bus stop details

28 Requires vehicular visibility splays to be provided

29 Requires the prior submission of cycle storage details

30 Requires the prior submission and completion of works for the S278/TRO Agreement

31 Protects retained trees from removal

32 Requires the prior submission of details for tree works

33 Requires the implementation of tree protection

34 Limits the approval to 3 years (outline) Case Officer: Pam Brennan

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Photo(s)

Figure 1: View of site from Grovelley Lane

Figure 2: View of site from Lowhill Lane

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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