Committee Date: 18/04/2013 Application Number: 2013/00563/PA Accepted: 29/01/2013 Application Type: Full Planning Target Date: 30/04/2013

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1 Committee Date: 18/04/2013 Application Number: 2013/00563/PA Accepted: 29/01/2013 Application Type: Full Planning Target Date: 30/04/2013 Ward: Soho 2 Nineveh Road, Handsworth, Birmingham, B21 0TU Demolition of storage building, change of use from wholesale warehouse (Use Class B8) to retail (Use Class A1) including 8 starter units, installation of new shop front, alterations to front elevation and formation of car park to front incorporating new footway crossing Applicant: Agent: Recommendation Approve Subject To Conditions 1. Proposal Mrs Mandeep Kaur c/o agent CP Bigwood 45 Summer Row, Birmingham, B3 1JJ 1.1. Consent is sought for the demolition of an existing storage building along the northern boundary and the change of use of 2 Nineveh Road from a wholesale warehouse (B8) to retail use (A1) as a supermarket and 8 starter units The supermarket would have a retail floor area of approximately 700sq.m and the 8 starter units would range in floor area between 25sq.m and 39sq.m. In total the starter units would provide 241sq.m of retail floor space and would provide space for start up retail businesses In order to improve access into the site the applicant is proposing to demolish the existing brick wall and reinstate the existing footway crossings with full height kerbs, and install a new 8m wide footway crossing located centrally along the site frontage. An 18 space car park would be provided for customers. The car park would also be used for the servicing of the supermarket The applicant is proposing opening hours of 08:00 22:00 Monday to Saturday and 10:00 16:30 Sunday and Holidays, and delivery hours of 07:00 08:00 Monday to Saturday The applicant is proposing the installation of a modern shop front and cladding to the front elevation The supermarket would employ 12 full time and 10 part time staff A Transportation Assessment has been submitted in support of the planning application. Page 1 of 8

2 2. Site & Surroundings 2.1. The application site comprises a vacant B8 wholesale warehouse located within the Soho Road District Centre The main building is set back from the highway with the front laid out to hardstanding with areas marked out for parking and servicing. The main building is part single storey and part two storey and externally is finished in render and blue cladding. There is a ramped access leading to the main entrance and an external staircase leading to the first floor. There are single storey buildings along the northern boundary with roller shutters doors facing the parking/service area The boundary treatment along Nineveh Road is defined by a 3m high brick wall and railings with two footway crossings On the opposite side of Nineveh Road is a car wash and valeting use and a vehicular access leading to a private pay and display car park. Immediately to the north of the application site is a retail parade, fronting Soho Road, while to the south is a residential terrace. 3. Planning History th February Extension of opening hours of cash and carry food stuff warehouse Refused 26 th February Use as retail unit in addition to wholesale use Refused 29 th January Erection of garage and covered entrance Refused 24 th April Change of use to wholesale cash and carry for trade only Approved with Conditions 3 rd January Retention of existing single storey premises Approved with Conditions 13 th December Use as wholesale and retail stores include grocery and off license provision Refused 27 th September Continued use of front section of premises as wholesale warehouse Approved with Conditions 13 th March Use as warehouse Approved 4. Consultation/PP Responses 4.1. Site notice displayed, local occupiers, residents associations, and local Councillors notified 4 individual letters of objection received and 1 letter from solicitors on behalf of the occupiers of Nos Soho Road has been received. Page 2 of 8

3 A 177 signature petition has been received through Councillor Lal, objecting to the proposal on the grounds the proposal would result in congestion, impact on bus services, pedestrian safety, and that the centre cannot sustain any further supermarkets. The individual objections are summarised as: The proposal would increase traffic and congestion; the proposal would result in lorries and forklift trucks waiting on the highway adversely affecting public safety which would result in shoppers leaving the area. The objections from the solicitors are summarised below: previous applications for retail use at the site have been refused; the car park is not adequate the use would give rise to road safety issues and congestion; there is no adequate provision for deliveries separate from public access compromising public safety; the site is not suitable for a large number of shoppers; the submitted Transportation Assessment is of no value; there is already an adequate number of retail units in the local area; the proposal would give rise to nuisance and would affect the amenities of local residents Regulatory Services no objection subject to conditions restricting opening and delivery hours. Transportation no objection subject to conditions for details of the highway works, pedestrian and vehicular visibility splays, parking management plan, submission of Travel Plan, restrictions on types of delivery vehicles, and construction traffic management plan. 5. Policy Context 5.1. The following local planning policies are applicable: Birmingham UDP Draft Birmingham Development Plan Shopping and Local Centres SPD Places for All Loss of Industrial Land to Alternative Uses Soho Road Local Action Plan The following national planning policy is applicable: The National Planning Policy Framework 6. Planning Considerations 6.1. The proposal should be assessed against the objectives of the policy context set out above The main issues for consideration are whether the change of use of the application site to an A1 supermarket and the formation of 8 retail starter units is acceptable in terms of the loss of industrial land, whether the proposed retail units would have an Page 3 of 8

4 adverse impact on the vitality and viability of the Soho Road District Centre, the amenities of nearby occupiers and highway and pedestrian safety. Loss of industrial Land 6.3. UDP Policy 4.31 states that opportunities for industrial development in the built up area of the City are diminishing. In order to reduce pressure on greenfield sites the loss of industrial land to retail or other non-industrial uses will be resisted except in cases where the site is a non conforming use. The application site is an isolated warehouse use located within the Soho Road District Centre surrounded by retail, residential, and community uses. Whilst I am not aware of any complaints regarding the lawful use I consider that the site is constrained by its proximity to residential uses and a busy district centre. The existing site is not suited to modern warehousing needs therefore I consider that the loss of this industrial site to an alternative retail use is acceptable. Impact on Soho Road District Centre 6.4. The NPPF states that planning policies should be positive, promote competitive town centre environments, and set out policies for the management and growth of centres UDP Policy 7.23 states that proposals for additional retail development/ redevelopment in existing centres will be encouraged provided that they are of an appropriate scale in relation to the size and function of the centre; be integrated into the existing shopping centre; have no significant adverse effect on the continued vitality and viability of an existing shopping centre as a whole; and help to maintain a range of shops to meet the needs of the local community within the centre Paragraph 7.7 of the Soho Road Local Action Plan states that investment within the centre will be encouraged within or adjacent to the shopping centre Paragraph 7.8 states that the development of vacant sites and re-use of vacant buildings will be encouraged as they both generate investment in, and enhance the attractiveness of the centre The Shopping and Local Centres SPD states that retail development and other town centre uses will be encouraged in centres, such as the Soho Road District Centre, and are the most sustainable locations for such investment with optimum accessibility by a range of means of travel The applicant is proposing a 700sq.m supermarket and 8 starter units providing a further 241sq.m of retail floor space. The supermarket would be located within the Soho Road District Centre on the edge of the Primary Shopping Area. I consider that the proposed additional retail floor space is acceptable as it would be integrated into the existing shopping centre, on the edge of the primary retail frontage, and within 32m of Soho Road. The supermarket would help to maintain a range of shops that would meet the needs of the local population. The supermarket would be of an appropriate scale in relation to the size and function of the Soho District Centre, and the proposal would bring a vacant building back into use attracting investment into the centre complying with national and local policy. The supermarket would employ 12 full time and 10 part time staff, and the starter units would attract new start up businesses and entrepreneurs in the area which would result in jobs and prosperity. Page 4 of 8

5 Highway Issues The applicant has submitted a detailed Transportation Assessment which includes vehicle tracking diagrams which demonstrate that the site is sufficiently large enough to accommodate delivery vehicles in it subject to the car park being clear and closed to customers. The assessment concludes that the proposal is unlikely to significantly increase traffic to and from the site compared to the previous use, and that the existing highway network and junctions could adequately accommodate any increase. My Transportation Officer concurs with the contents of the submitted Transportation Assessment The retail unit would provide 700sq.m of retail floor space. Given the relatively small amount of floor space for a supermarket it is expected that it would provide a local need for the surrounding population rather that attracting visitors from a wider catchment area. Customers from the local area are likely to visit the application site as part of linked trips to the Soho Road thereby reducing car borne trips to the area. The District Centre is also surrounded by residential properties therefore a number of customers are likely to walk to the premises An 18 space car park would be available for customers which my Transportation Officer considers is satisfactory given the size of the supermarket. In addition there is a private pay and display car park located approximately 30m to the east of the application site and a Council owned car park approximately 106m to the north of the application site on Baker Street. These car parks would be available for customers throughout the opening hours of the supermarket. Given the limited retail floor space proposed for the starter units it is not expected that they would generate a significant amount of vehicle movement in terms of customers or deliveries The applicant has demonstrated in the Transportation Statement that a range of delivery vehicles could manoeuvre within the site and exit safely in forward gear when the car park is empty and closed to customers. The applicant has stated that the intention is to have most of the stock on the shop floor which would result in the supermarket being replenished more frequently by smaller vehicles compared to larger supermarkets. The supermarket would be replenished between the hours of 07:00 08:00 Monday to Saturday when the car park would be empty prior to the supermarket being open for customers. I therefore consider that all servicing could take place satisfactorily within the site before the supermarket is open to customers without the need for delivery vehicles to wait on Nineveh Road I consider that the dual use of the car park for customers and for the servicing of vehicles is acceptable and would not adversely affect the freeflow of traffic or highway and pedestrian in the local area especially considering that smaller delivery vehicles would be used. This would be an improvement from the lawful wholesale warehouse use which would have been serviced by articulated lorries and visited frequently by commercial vans and vehicles without the same degree of management and control Taking all of the above into consideration I consider that the proposal is unlikely to adversely affect the freeflow of traffic on Nineveh Road and Soho Road or pedestrian and highway safety in the local area. Other Issues Page 5 of 8

6 6.16. The applicant is proposing delivery hours of 07:00 08:00 Monday to Saturday and opening hours of 08:00 22:00 Monday Saturday and 10:30 16:30 Sunday and Holidays. Officers from Regulatory have not objected to the proposal (subject to conditions to restrict the opening and delivery hours) therefore I do not consider that the proposal would adversely affect the amenities of nearby residents. Residents living in or on the edge of the centre would expect to experience more ambient noise associated with commercial uses, in the morning and into the evening, compared to a wholly residential area. It is also noted that at 07:00 the local area is already active with people visiting the district centre or commuting The proposed installation of a modern shop front and the alterations of the Nineveh Road elevation of the building are considered to be acceptable and would improve the overall appearance of the building within the street scene. 7. Conclusion 7.1. The change of use of the application site from a B8 wholesale warehouse to A1 retail use as a supermarket and the formation of 8 starter units is considered to be acceptable and would accord with national and local planning policy. Given the small scale of the supermarket and that 18 on site car parking spaces would be provided it is not considered that it would attract significant additional traffic and movements to and from the site and thus would not adversely affect the freeflow of traffic and highway and pedestrian safety. The proposed opening and delivery hours would not adversely affect the amenities of local occupiers. The installation of a modern shop front and the alterations of the Nineveh Road elevation of the building are considered to be acceptable and would improve the overall appearance of the building within the street scene. 8. Recommendation 8.1. Approve subject to the following conditions: 1 Limits the hours of use to 08:00-22:00 Monday - Saturday and 10:30-16:30 Sunday and Holidays. 2 Limits delivery time of goods to or from the site to 07:00-08:00 Monday - Saturday. 3 Prevents outside storage 4 Requires vehicular visibility splays to be provided 5 Requires pedestrian visibility splays to be provided 6 Requires the prior submission and completion of works for the S278/TRO Agreement 7 Requires the parking area to be laid out prior to use 8 Requires the applicants to join Travelwise 9 Shop Front Design 10 Requires the prior submission of sample materials 11 Requires the prior submission of hard and/or soft landscape details Page 6 of 8

7 12 Requires the prior submission of boundary treatment details 13 Doors in Louise Road elevation to be used as fire escape routes 14 Requires the scheme to be in accordance with the listed approved plans 15 Limits the approval to 3 years (Full) 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: Policies , and of the Birmingham Unitary Development Plan 2005; Places for All (2001), which has been adopted as Supplementary Planning Guidance; and the National Planning Policy Framework. Case Officer: Bhupinder Thandi Page 7 of 8

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9 APPENDIX N TCBs LB BAKER ST 135.0m Shelter 170 to TCBs 4 6 Works 2 4 UNION ROW PO Hall PH 133.2m a a Shelter El Sub Sta Posts TARA LANE Soho Health Centre Pos Warehouse Roof Car Park Spring Gardens Westbourne Grove Handsworth Mission Baptist Church LOUISE ROAD 21 Soho Childrens Centre m NINEVEH ROAD El Sub Sta 129.8m m VICTORIA ROAD 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 , m SCALE 1: Nineveh Road Handsworth Birmingham B21 0TU 2013/00563/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