Jami-a-Masjid, Naseby Road, Alum Rock, Birmingham, B8 3HE

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1 Committee Date: 13/06/2013 Application Number: 2013/02399/PA Accepted: 25/04/2013 Application Type: Telecommunications Full Target Date: 20/06/2013 PA Ward: Washwood Heath Jami-a-Masjid, Naseby Road, Alum Rock, Birmingham, B8 3HE Retrospective application for the installation of 2.6 metre high rooftop antenna, 300 mm transmission dish and installation of GRP shroud to conceal lower portion of existing antenna and dish attached to chimney cap. Applicant: Agent: Recommendation Approve Subject To Conditions 1. Proposal Everything Everywhere UK Ltd & H3G UK Ltd c/o Agent WHP Ponderosa, Scotland Lane, Horsforth, Leeds, LS18 5SI 1.1. Planning permission is sought to retain the existing roof-top telecommunications equipment that is attached to the existing chimney breast which was installed in Planning permission is also sought to provide a GRP shroud in order to conceal the transmission dish and lower portion of the antenna from view. As part of the proposed remedial works, the existing cable tray/conduit and external cabling would be re-routed internally The proposed shroud would be no higher than the existing chimney. The antenna would project around 2.6m above the shroud. The proposed shroud would be made from GRP and would have an external finish that would have a brick appearance The proposal outlines that the existing 300mm transmission dish would also be replaced with a modern 300mm transmission dish relocated to the top of the chimney cap Planning permission is required for the works because they are not classed as permitted development under Part 24 of The Town and Country Planning (General Permitted Development) (Amendment)(England) Order 2001, due to the fact that they are to be installed on a Grade II Listed Building. 2. Site & Surroundings 2.1 The application premises comprise an early-victorian (Circa 1825), three-storey building with slate hipped roof. The building was originally built as a dwelling, but was used as a factory until 2000, when the building was sub-divided and the front section (No. 14A) was used as a non-residential place-of-worship (Use Class D1) under the name Jami-A-Masjid. Page 1 of 5

2 2.2 The building has been Grade II listed since July The external elevations are stucco and all windows are timber framed with sashes and shallow reveals. There is an elevated garden terrace to the front which has been paved. The original chimney stacks have been capped and truncated. The adjoining Church of Saints Mary and John building on Alum Rock Road is locally listed at Grade C. 2.4 To the rear of the main three-storey buildings is a large brick industrial building with open floor plan at ground floor level with internal mezzanine level offices above. This area is used for vehicle dismantling and parts storage. The surrounding area is predominantly residential in character. 2.5 Shaw Hill School and Nursery is located 75 metres to the south east. Park View School is located 150 metres to the North. Nansen Primary School is located 205 metres to the North. 3. Planning History /02042/PA Listed Building Consent application for the retention of 2.6 metre high roof-top antenna, 300mm transmission dish and installation of GRP shroud to conceal lower portion of existing antenna and dish attached to chimney cap currently undetermined to be found elsewhere on this agenda /08429/PA Listed Building Consent application to upgrade existing roof-top telecommunications equipment to include a full size shroud to conceal existing antenna, replacement of cable tray and repositioning of transmission device Withdrawn at the request of the applicant Planning Enforcement History /1072/ENF - Addition of telecommunications antenna with cabling and trunking, infilling of windows, addition of UPVC framed windows, and erection of a side extension. Property is a Statutorily Listed Building. Current case held in abeyance pending the outcome of this application. 4. Consultation/PP Responses 4.1. Adjoining occupiers, local schools, ward members and residents associations were consulted. Site and press notices were also displayed. Seven responses were received from local residents. The objections can be summarised as follows: a) The works are an eyesore. b) The occupiers of the building use flashing lights on the exterior of the building during religious festivals. c) The works are harmful to health and are too near to local schools Transportation No objections Regulatory Services No objections. 5. Policy Context 5.1. UDP (2005), Draft Birmingham Development Plan, NPPF, Mobile Phone Infrastructure SPD (2008), Grade II Listed. Page 2 of 5

3 6. Planning Considerations 6.1. The main considerations in the determination of this application are the impact of the proposal on the character of the Listed Building and whether the proposal is in accordance with policies of the Development Plan. 6.2 Policy 3.8 of the UDP identifies the need to protect and enhance what is good in the city's environment and to improve what is less good. 6.3 Policy 8.55 of the adopted UDP states that in assessing applications for telecommunications equipment, account will be taken of the impact of radio masts, antennae, and ancillary structures on existing landscaping features, buildings, and the outlook from neighbouring properties. Policy 8.55A adds that the City Council will also seek to encourage telecommunications operators to locate new equipment away from residential areas. 6.4 Siting 6.5 The adopted Telecommunications Development: Mobile Phone Infrastructure SPD (2008) states that locations within or adjacent to the grounds of education or health institutions will only be acceptable where the applicant can demonstrate compliance with the precautionary approach. The SPD also states that roof-top installations on the roofs of existing buildings are preferable to ground-based installations. 6.6 I consider that the siting of the proposed equipment on an existing roof-top, and at the fringe of a residential area, is acceptable. I note that the equipment is not located adjacent to sensitive uses, such as schools. I note that there are three schools within 200 metres of the application site, the nearest being 75 metres to the south east. However, given that these uses are not adjacent to the application site, I do not consider harmful impact to be occurring. 6.7 Design and Appearance 6.8 My Conservation Officer has raised some concerns regarding the retention of the antenna and dish. However, they have been in-situ since 2007/2008 and remedial works are proposed to lessen impact. In order to improve the visual amenity of the building, the dish and lower portion of the antenna would be enclosed by a GRP shroud. The shroud would be no higher than the existing chimney. Also, the existing cable tray / conduit and external cabling would be re-routed internally. An element of antenna would project above the shroud, but this would be relatively insignificant and would not detrimentally impact on the architectural merit or visual amenity of the building or locality. 6.9 I also consider that the height, design and appearance of the proposed shroud would not, subject to matching the appearance of the existing chimney, have an unacceptable impact on either the visual amenity of the locality or the architectural appearance of the listed building I note that unauthorised works have already been undertaken, which have resulted in the cabling and conduit being installed to the exterior of the building. As such, a condition is recommended to require the submitted scheme to be implemented within a period of 3 months. Page 3 of 5

4 6.11 Health Issues 6.12 Issues relating to health including actual and perceived risks to health are material planning considerations. However, it is the Government's firm view that the planning system is not the place for determining health safeguards in relation to telecommunications equipment and that in its view if a proposed mobile phone station meets the ICNIRP guidelines for public exposure, it should not be necessary for a Local Planning Authority to consider further the health aspects and concerns about them The applicant has declared that the proposal would comply with ICNIRP Public Exposure Guidelines and it is therefore concluded that the proposal is acceptable in terms of public health issues. 7. Conclusion 7.1. The proposal complies with the objectives of the policy context as set out above, and is recommended for approval subject to the attached conditions. 8. Recommendation 8.1. Approved Subject to Conditions. 1 Requires the scheme to be in accordance with the listed approved plans 2 Requires the submission of samples of materials within 1 month and implementation within a period of 3 months from written approval. 3 Requires the proposed works to be carried out in full within a period of 3 months. Reason for Approval 1 Birmingham City Council grants Planning Permission subject to the condition(s) listed below (if appropriate). The reason for granting permission is because the development is in accordance with: Policy 8.55 of the Birmingham Unitary Development Plan 2005; Telecommunications Development : Mobile Phone Infrastructure 2008, which has been adopted as Supplementary Planning Guidance; and the National Planning Policy Framework. Case Officer: Jamie Whitehouse Page 4 of 5

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6 4 NASEBY ROAD CLIPSTON ROAD APPENDIX N 108.9m m GOWAN ROAD m Warehouses Works Works II Hall Church of Saints Mary and John C m TCB LB El Sub Sta 110.6m Garage 105.9m 1a a Hall This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon 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 , SCALE 1:1250 Jami-a-Masjid Naseby Road Alum Rock Birmingham B8 3HE 2013/02399/PA This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon 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 , 2009 Statutory Listed Building Locally Listed Buildings Conservation Area Neighbourhood Offices Site Boundary Site Location Development Directorate 1 Lancaster Circus Queensway Birmingham B2 2JE. Date:25/9/2007 SCALE 1:5000 Birmingham City Council