Former P&O Site, Perrywell Road / College Road, Perry Barr, Birmingham, B6 7AT

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1 Committee Date: 13/11/2014 Application Number: 2014/06133/PA Accepted: 26/08/2014 Application Type: Full Planning Target Date: 25/11/2014 Ward: Perry Barr Former P&O Site, Perrywell Road / College Road, Perry Barr, Birmingham, B6 7AT Use of site for vehicle auctions (Sui Generis) including demolition of existing structures and erection of buildings for auction use (with ancillary restaurant and offices) together with erection of other ancillary buildings to include vehicle wash building, valet/appraisal/imaging building and security building and laying out of vehicle parking and carrying out of associated works. Applicant: Agent: Recommendation Approve Subject To Conditions British Car Auctions Ltd c/o Agent Turley Associates 9 Colmore Row, Birmingham, B3 2BJ 1. Proposal 1.1. The applicant proposes the redevelopment of this largely vacant site for vehicle auctions (sui generis) with ancillary restaurant and offices. This would entail the demolition of existing structures on the site and the erection of a connected car auction and administrative building (with open sided canopy viewing area) within the west of the site The car auction and administrative building would measure 143 metres long by 8.3 metres high and be constructed out of blue/grey brick up to cill height with profiled metal cladding above. The exterior façade would incorporate aluminium or UPVC window frames together with roller shutter openings. The roof would have a shallow hip and be also constructed out of profiled metal sheeting with transparent lighting strips. The car auction area internal layout would provide four car auction bays with associated seating to the side for customers, business centre, W.Cs, managers office, drivers mess, locker room and ancillary restaurant. The part of the building that would be solely dedicated to administrative purposes would have an internal layout that would provide a central office area, customer room, store room, offices, kitchen and W.C S on the ground floor. On the first floor would be offices; a staff rest room, meeting room, conference room, customer rooms and sales area as well as W.C S Other associated ancillary buildings that would be constructed would include the erection of a valet/appraisal/imaging building and a wash bay building within the east of the site. The valet building would be constructed out of profiled metal cladding set Page 1 of 13

2 above cill height blue/grey brickwork whilst incorporating aluminium or UPVC windows and having roller shutters with windows. This building would have imaging bays, smart repair area, plant room, store, wet room, W.C s, mess and office. Effectively this element of the operation would ensure the vehicles are up to standard to be auctioned Ancillary wash bay building would be erected to the east of the valet/ appraisal/ imaging building. This would be single storey high and contain an enclosed plant room with side canopy extending to cover 4 cars at a time. It would be constructed out of blue/grey brickwork with profiled metal sheeting for its roof It is also proposed to erect within the south east of the site near the site entrance from Perrywell Road, a single security building. This would include a main monitoring area for security staff and a W.C. This would be constructed using materials that matched the main auction building The development would provide a total of 387 car parking spaces for customers and separate from that figure 60 spaces for staff, 860 parking spaces for auction vehicles both post and pre auction and 670 for pre preparation. These spaces would be spread throughout the site with an element provided to the south of the elevated section of the M6 that dissects the site. Access to the site would be either from College Road to the west or Perrywell Road to the east The applicant has indicated that the development would generate 143 full time and 59 part time jobs The proposed hours of use are 0700 hours to 2100 hours Mondays to Fridays and on Sundays with Saturdays 0700 hours to 1400 hours The applicant has submitted a Design and Access statement; Planning Statement, Flood Risk Assessment, Ecological survey, habitat survey, land quality assessment, archaeological report, interim travel plan, sustainability statement, traffic survey assessment and tree survey The proposed development has been subject to an Environmental Impact Assessment (EIA) screening opinion which has determined that the proposal would not require an EIA to be produced The site area measures 8.2 hectares Proposed site layout plan Elevations of proposed auction building. 2. Site & Surroundings 2.1. The application site, which was last used as a container depot, lies on the south eastern side of College Road with access from that road to the site. The south east of the site links to Perry Well road. To the north is the Tame Valley canal whilst elevated M6 dissects the upper northern and lower southern sections of the site. To the east are industrial premises. To the west are industrial premises including one operated by TRW an automotive electronic parts company Site location Page 2 of 13

3 2.3. Street view of site entrance from Perry Well Road 3. Planning History /04650/PA- Use of site as vehicle auction (sui-generis), including refurbishment, extension and alterations to existing structure and erection of associated buildings, and formation of car parking and storage, alterations to accesses and associated works- approved (3 year consent) /00513/PA- Refurbishment, rebuilding and extension of former warehouse to form motor auction facility with parking- approved /00914/PA- Change of use from container base uses including refurbishment/rebuilding of existing warehouse to motor auction facility including refurbishment of existing warehouse to form auction hall, offices and cafeteria. New vehicle maintenance unit and car parking. Demolition of existing office block and workshop- approved /04609/PA- Change of use from container depot to motor vehicle auction facility, formation of car park, alterations and extension of existing office building. Application was refused on the loss of industrial use reasons (the application covered the whole site, including plot A) together with appearance of the site from the M6 and inadequate information regarding highway impact /04609/PA- Use as a depot for the storage of Calor gas bottlesapproved. 4. Consultation/PP Responses 4.1. Surrounding occupiers, local councillors, local MP and resident associations notified as well as site and press notices displayed- two responses received from local businesses operators. Their comments can be summarised as request that a 6 foot fence is erected along the public road to the car park at the front of the proposed development to prevent potential trespass/access being gained to neighbouring land and consider that the proposed access from Perrywell Road to the site is not adequate for large HGV vehicles response also received from Cllr Ray Hassall who states he has no objection to the proposal Transportation Development- No objection subject to safeguarding conditions Regulatory Services- no objection to the proposal subject to conditions relating to site contamination and extract and odour control Environment Agency- no objections subject to safeguarding conditions relating to ground water contamination West Midlands Police- request a review of boundary treatment, that a lighting scheme is produced and the provision of a CCTV system and intruder alarms in order to enhance security. Page 3 of 13

4 4.7. Canals and River Trust- no objection subject to means of drainage for site and car wash facility and that if approved that the applicant is also provided with an information from the Trust (as attached to their comments) Severn Trent- no objection subject to the inclusion of a condition to secure satisfactory drainage for the site in relation to foul and surface water flows Highways Agency- no objection subject to safeguarding conditions that require a trench, to their agreement, to be dug to accommodate cable works required on site which would be located near the M6 as well as the implementation of a lighting plan they have agreed which avoids harm arising to users of the M National Grid- no response received. 5. Policy Context 5.1. UDP (2005); Draft Birmingham Development Plan, SPD Car Parking Guidelines, SPD Loss of Industrial Land to Alternative Uses and the NPPF. 6. Planning Considerations 6.1. The proposed development gives rise to a number of issues which are considered below Principle (Loss of Industrial Land)- This application follows the non-implementation of similar scheme that was approved under application 2009/046505/PA. That permission was not implemented due to unfavourable market conditions that have existed until recently The applicant has stated that if consent is granted for this application this time it is more likely that it would be implemented in comparison to when the previous consent was granted as market conditions have now improved. In addition to this the applicant has confirmed that their current site in Castle Bromwich is subject to acquisition by central government in order to make way for HS2 and therefore in order to retain a base in Birmingham the application site is likely to be built out if approved Having established that the reason why the previous approval was not implemented and the greater likelihood of this proposal being implemented if approved, I turn my assessment to the principle of conversion as set against current policy bearing in mind that the principle of the conversion of the land from land identified by the UDP for industrial purposes to the proposed use has already been assessed as being acceptable under the previous application Regarding the loss of industrial land the applicants have argued that their application should be a considered an exception to the general presumption against the loss of industrial land as they can demonstrate good planning grounds to do so in line with the requirement set out in paragraph 5.9 of the Loss of Industrial Land to Alternative Uses Supplementary Planning Document (SPD). They also contend that, although the proposed use is not a B (business, industrial, warehousing) class use, many elements of the activities that would be undertaken at the site are considered B class activities on their own. I note the option is available for the applicant if planning Page 4 of 13

5 permission were not forthcoming that would allow them to utilise the site for vehicle storage and/or car valeting both of which cover B type class activities and as such would not create a loss of industrial land With regards to considering whether or not there are good planning grounds for a departure from the presumption against the loss of industrial land the positive benefits of the scheme should be considered. The applicants estimate that in excess of 200 new jobs would be created as a result of the proposed development and that although in theory the development of the site for B class uses could deliver a greater number of jobs this would be ultimately dependent on the type of industrial end user who may for example rely greatly on automation and thus potentially generating less employment than the applicant in this case. While I will address the issue over the future of the site further below, it should be noted that 200 new jobs is still a sizable number that would make a positive contribution to the local economy. It should also be noted that the onward sale of fleet vehicles is an important part of ensuring continuing demand for new automobiles to replace those sold and that therefore, indirectly the proposed use also supports automotive manufacturing which is an important component of both Birmingham s economy today and is anticipated to grow over the next 15 years in the City Council s own economic forecasts. These are significant benefits and as such, on balance, do represent good planning grounds to allow the loss of industrial land The current adopted policy for industrial land is included in the UDP and the aforementioned SPD and it should be noted that there is no specific exemption regarding other uses that are suitable for industrial areas. However, the emerging Birmingham Development Plan, which has been submitted to the Secretary of State and therefore should be given weight in line with the NPPF, does note in policy TP19 that other uses appropriate for employment areas are acceptable within Core Employment Areas. Many elements of the proposed development would on their own be considered B class uses and, as noted in the applicant s submission, BCA operate from a number of industrial locations across the country. On this basis the specific proposed use is considered to be appropriate for an industrial area and it is also apparent that there is nothing inherently incompatible with the proposed use operating alongside other industrial uses. As such this proposal is also supported by the emerging BDP Finally with regards to the impact on the supply of industrial land the applicant s case relies on the fact that the site is owned by them and as such they could use the site for B class uses as part of their operations. In terms of the supply of industrial land the site is considered not readily available at the current time as it is clear that the owner would not sell it for industrial development and as such it is not considered part of the readily available supply required by paragraph 4.21 of the UDP and policy TP16 of the emerging BDP. Notwithstanding this, it is possible to foresee a scenario wherein the applicants may in the future seek to sell the site and as such the assertion that the site is effectively sterilised by the applicant s current ownership is questionable. Despite this however, given both the economic benefits of the scheme and the nature of the specific use proposed I agree that in this case there are good planning grounds to depart from the general presumption against the loss of industrial land and have no objection to the principle of the proposal with respect to the loss of industrial land to an alternative use This matter has also been considered with respect to the current application and prevailing guidance by my industrial and strategic land advisors who raise no objection to the principle of the proposal. I therefore consider that when all material factors are taken into account, including adopted SPD policy Loss of Industrial Land Page 5 of 13

6 to Alternative Uses, with respect to this site, its conversion to a car auction site in principle can be supported Design and appearance- The proposed development would see the site developed for commercial purposes in comparison to how it stands now being vacant and overgrown with weeds The main proposed buildings proposed would be set well into the site and would befit a commercial setting such as this. The nearest comparative buildings are generally industrial buildings such as those to be found on the PerryWell industrial estate to the east of the site. With this in mind, the form of the proposed buildings would reflect their function such as in the case of the main car auction building where it would be erected in an elongated manner with canopy to allow for covered viewing of vehicles before auction by potential bidders whilst allowing vehicles to be brought into the main building through dedicated shutter openings. The incorporation of features such as shutter openings, windows and doors would help visually break up the main façade of the building. Similarly the use of materials such as profiled metal cladding set above cill height blue/grey brickwork would also help achieve this objective. This would similarly apply to the visual appearance of proposed valet building and security building In summary, I consider the overall redevelopment of this overgrown vacant site which includes the erection of the proposed buildings would visually enhance the character and appearance of the site which has limited views from the main public realm Highway matters- Transportation Development raise no objection to the proposal subject to safeguarding conditions. I concur with this view. The development largely follows the layout of the previous planning permission. Site access for staff and customers would be from the College Road entrance with vehicle transporters using the Perry Well Road entrance. This would help reduce conflict between cars and lorries. The level of parking proposed and distribution is similar to the previous approved scheme The applicant has submitted a Transport Assessment of the proposal. This assessment notes that a 2009 trip generation exercise was carried for the last approval as well as a junction capacity assessment of the A453 College Road/Site access junction. These concluded that there would be significant spare capacity at this junction following this development. Subsequent to that assessment in 2009 the applicant states that 20% of their sales have transferred on line, thereby reducing the number of visitors to their actual physical sites and consequently this is expected to lead to a reduced level of trip generation compared to the previous approval The applicant has also provided swept path analysis of trailer lorries that would deliver vehicles to the site which satisfactorily demonstrate that they could enter and leave the site in forward gear On the basis of the above assessment I conclude that the proposed development would not have an adverse parking or highway impact and I recommend that the conditions requested by Transportation in relation to attached visibility splays, the need to enter into a section 278 agreement to provide a new bellmouth entrance (at Perry Well Road), on site parking and circulation to be not used for any other purposes and that all loading/unloading to occur on site. Page 6 of 13

7 6.17. Environmental issues- Regulatory Services- no objection to the proposal subject to conditions relating to site contamination and extract and odour control. I concur with this view. The site is situated in a commercial setting with industrial users neighbouring it. In order to protect the amenity of the nearest residents, who are located on College Road, it is recommended that controls on the hours of use are conditioned as well as with respect to extract and odour control from areas such as the ancillary restaurant I also note the request from the Environment Agency for safeguarding conditions to be applied to protect ground water. I concur with this view and recommend this accordingly In summary, the proposed development is not expected to give rise to any adverse noise and disturbance impact subject to safeguarding conditions relating to environmental protection Archaeology- The archaeology report submitted states that previous excavations indicate that any archaeological remains are at least 8 metres deep and will not be affected by construction of hard surfaces. Therefore I conclude that any existing archaeological remains on the site are not likely to be disturbed or present themselves as an impediment to the site development Consultation responses- I note the comments from TRW and West Midlands Police with respect to their and the application site security. I therefore recommend that conditions with respect to boundary treatment, lighting and CCTV is attached if the proposal is approved. 7. Conclusion 7.1. The proposed development would allow for the redevelopment of a large vacant site that is currently overgrown. The development would visually enhance the appearance of the site and provide for a number of jobs both through site redevelopment and the operation of the site for car auctions and associated activity. The development is not expected to give rise to any adverse impact subject to safeguarding conditions. 8. Recommendation 8.1 That planning permission be issued subject to conditions. 1 Requires the prior submission of hard and/or soft landscape details 2 Requires the prior submission of hard surfacing materials 3 Requires the prior submission of boundary treatment details 4 Requires the prior submission of a landscape management plan 5 Requires the prior submission of sample materials 6 Requires the prior submission of level details Page 7 of 13

8 7 Requires the prior submission of a CCTV scheme 8 Requires the prior submission of details of refuse storage 9 Requires the prior submission of cycle storage details 10 Requires the applicants to join Travelwise 11 Prevents any part of the approved the use from changing to any other use 12 Requires the prior submission of a contamination remediation scheme 13 Requires the prior submission of a contaminated land verification report 14 Requires the prior submission of extraction and odour control details 15 Requires the prior submission of earthworks details 16 Requires the prior submission of a method statement for the removal of invasive weeds 17 Requires the prior submission of details for tree works 18 Requires satisfactory drainage details to be provided and undertaken 19 Requires the prior submission of an additional ecological survey 20 Requires the development to be implemented in accordance with the ecological survey 21 Prevents infiltration of surface water drainage into the ground 22 Requires details of piling or other penetrative methods to be agreed 23 Requires details of means of drainage to protect the integrity of the neighbouring canal 24 Requires a service trench to be dug for the cable works associated with the proposed replacement traffic light signals 25 Requires the completion of a Section 278 agreement 26 Requires vehicle visibility splay to be maintained 27 Requires the visibility splays to the Perrywell Road access to meet Manual for Street Guidelines 28 All loading and unloading to take place within the site 29 No approval is granted for the use of palisade fencing and gates 30 Limits the hours of operation to 0700 hours to 2100 hours Page 8 of 13

9 31 Requires the scheme to be in accordance with the listed approved plans 32 Limits the approval to 3 years (Full) Case Officer: Wahid Gul Page 9 of 13

10 Photo(s) View of site as current looking from the east Page 10 of 13

11 Site entrance leading from College Road Page 11 of 13

12 Neighbouring canal to the north Page 12 of 13

13 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 , 2010 Page 13 of 13