Committee Date: 28/11/2013 Application Number: 2013/06274/PA Accepted: 03/10/2013 Application Type: Full Planning Target Date: 28/11/2013

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1 Committee Date: 28/11/2013 Application Number: 2013/06274/PA Accepted: 03/10/2013 Application Type: Full Planning Target Date: 28/11/2013 Ward: Nechells 258 Bradford Street, Birmingham, B12 0QY Change of use of existing building to a coffee lounge at first floor level, creation of outdoor area to be used as a shisha lounge (sui generis) and restaurant (use class A3) to include a single storey building to rear to form kitchen and shisha preparation area, rebuilding of first floor rear elevation and erection of a 3m high wall. Applicant: Agent: Recommendation Approve Temporary Mr Ittehad Ahmad c/o Agent Architecture Design Studio 17 Coleshill Road, Hodge Hill, Birmingham, B36 8DT 1. Proposal 1.1. Consent is sought to change the use of the existing building to a coffee lounge at first floor level. Desserts would also be served with coffees. The internal layout would consist of seating for 24 covers, bar area, store and an office. The first floor rear elevation would be rebuilt consisting of new windows and timber cladding. The timber windows on the front elevation at first floor level would be replaced by UVPC windows. The timber windows and doors at ground floor level of the front elevation would be retained The ground floor of the building consists of the entrance, toilets and a waiting area with a staircase leading to the first floor coffee lounge The new build relates to the area to the rear of the building and would consist of the shisha lounge, kitchen and shisha preparation room and toilets. The proposed dimensions of the shisha lounge are 18.5m long x 13.5m deep x 4.3m high occupying 250sqm. The shisha lounge would have a flat roof and be supported by a steel frame. The side elevation to the south and the rear elevation to the east would remain open and there would be a 1m gap retained between the open elevation and any built form. A 3m high brick boundary wall would be constructed on the southern boundary. The shisha lounge would accommodate 60 covers To the rear of the shisha lounge there would be a shisha preparation room, a kitchen and toilets which occupy the rear boundary of the site with combined dimensions of 18.5m long x 5m wide x 3.4m high. The hot food element would be served in the shisha area only and would consist of hot snacks and mixed grill barbeques. A bin store is proposed adjacent to the toilets. Page 1 of 9

2 1.5. There would be background music played in the shisha lounge at low level The proposed opening hours are 12:00 noon to midnight Monday to Thursday and 12:00 noon to 04:00 Friday, Saturday and Sunday including Bank Holidays There would be 4 employees There is no designated parking proposed. Proposed Ground Floor Plan Proposed Side Elevation 2. Site & Surroundings 2.1. The two storey building is currently in a very poor state of disrepair and demolition works have resulted in the removal of the rear parts of the building. Part of the ground floor of the existing building does not form part of the application site. The side and rear of the site comprises of an external hardstanding and there is a large area to the rear of the building where a temporary car wash is currently situated. Works were near completion at the time of my site visit. A boundary wall has been built along the side elevation providing closure to the site The site is within a largely industrial context with many of the surrounding buildings lying vacant. There is a Grade II listed public house on the opposite side of Birchall Street with residential accommodation above forming the closest residential accommodation to the application site. The remaining warehouse on the wider site lies vacant. Location Plan Street View 3. Planning History /06/ /01518/PA - Construction of 108 apartments and ground floor commercial units (A1 use class) means of access and car parking. Approved subject to conditions (now lapsed) /06/ /02251/PA Land to rear of site. Temporary consent for change of use from vacant land to car wash/valeting, installation of 6ft high fence external alterations and associated parking. Approved on a temporary basis until 04/07/2013 (now lapsed) /08/ /04378/PA - Installation of doors and formation of parking facilities in association with the sub-division of a vacant industrial works into 9 units. Approved subject to conditions /02/ /08345/PA - Change of use of first floor (vacant unit) to tearooms/shisha lounge and hardsurfacing yard to shisha garden. Temporary approval (expires 03/02/2017) subject to conditions. 4. Consultation/PP Responses Page 2 of 9

3 4.1. Transportation Development No objection subject to conditions relating to cycle storage and kerb reinstatement Regulatory Services - No objections subject to conditions relating to opening hours, temporary consent of 2 or 3 years, extraction details, refuse details and a noise device being fitted West Midlands Police No objection subject to condition in relation to the installation of CCTV Neighbouring properties, Councillors and Residents Association were consulted and 7 objections were received raising the following objections: Building not fit for purpose Works already commenced No foundations put in place Opening hours would give rise to noise issues 3 shisha lounges in the vicinity already which have several problems such as antisocial behaviour, arson, fighting, drugs issue, speeding cars, noise and intimidating the public. Digbeth has become an unloved and forgotten part of Birmingham s City Centre Opening hours will affect health and well being of residents Where is the electric and water supply coming from? Consultation not carried out over a wide enough area Digbeth Residents Association have also raised the following objections: Moved to the area in 2006 with high expectations of investment into area but this has failed More wasteland, graffiti and rubbish on the streets Already 3 shisha lounges in the area Opening hours are unacceptable Increase in traffic More drink driving likely Area not secure Anti social behaviour Gates not allowed on Rea House as would segregate apartments from Digbeth Community Health and safety risk as there are no foundations in place Where is the electric and water supply coming from? What is the vision for the residents of and where has the regeneration money been spent? 5. Policy Context 5.1. Birmingham UDP 2005; Draft Birmingham Development Plan; Places for All SPG 2001; National Planning Policy Guidance Planning Considerations 6.1. Paragraph 56 of the NPPF states that the government attaches great importance to the design of the built environment and that good design is a key aspect of Page 3 of 9

4 sustainable development, is indivisible from good planning, and should contribute positively to making places better for people One of the principles outlined in paragraph 3.8 of the UDP states that there is a need to protect and enhance what is good in the City s environment and to improve what is less good. Paragraph 3.10 of the UDP states that proposals that would have an adverse effect on the quality of the built environment will not normally be allowed The principle of a temporary shisha lounge has already been established at the premises given planning application reference 2011/08345/PA which was granted on 01/02/2012. The temporary consent is still live and can be implemented until 01/02/2015 and it is noted it would expire on 03/02/2017. Permanent consent for a shisha lounge in this location would be inappropriate and conflict with the long term regeneration aspirations of the area The differences between the current application and the original change of use application consist of the following: Reconfiguration of the red line boundary Removing the shisha element from first floor of the existing building and retaining to the courtyard only Extended closing time to 4am at weekends 6.5. The main considerations are whether the revised layout and opening hours would adversely affect adjoining properties, visual amenity or highway safety. Impact on adjoining premises 6.6. With respect to noise and disturbance generated by the proposed use it is noted there is residential accommodation above the public house on the corner of Birchall and Bradford Street. I therefore do not consider opening hours to 4am to be acceptable in light of the open nature of the structure. Regulatory Services have raised an objection to the proposed opening hours and have recommended closing times of midnight. This is consistent with the live consent and I consider this appropriate. In addition Regulatory Services have recommended a noise limiting device and extraction conditions, again I consider appropriate to avoid any noise issues arising and to control the level of background music in the shisha lounge. It is noted the site is located in an area of change and there are a number of residential schemes approved in the vicinity that have not yet been implemented. I therefore consider it prudent to issue a 4 year temporary consent. Subject to the necessary safeguarding conditions I do not consider the proposed use would have adverse implications on the amenity of existing or future occupiers in the form of noise or disturbance. Design 6.7. The proposed design does not differ significantly from the approved scheme; the main difference is that the first floor timber windows on the front elevation have been replaced with UVPC. Whilst this is unfortunate, the building is currently in a very poor state with no rear elevation and windows at first floor level beyond repair, I also note the site is not within a Conservation Area. Therefore on balance I consider the introduction of grey UPVC windows acceptable. Windows and timber cladding have also been installed at first floor level of the rear elevation which is considered an improvement from the previously approved solid roller shutters. Page 4 of 9

5 6.8. The structure of the shisha lounge is functional in appearance with timber columns which would be painted. The flat roof is lightweight metal profile sheet in grey and there is a slight slope to facilitate drainage The kitchen and shisha preparation area would also have a flat roof and consist of 3 layers of bitumen (felt) with walls consisting of a grey stone tile finish A 3m high wall has been constructed along the side elevation of the site and it is proposed to be finished in white render Overall the proposed works would improve the current dilapidated appearance of the building. Highway Safety With respect to highway safety measures there is no change in terms of the previously application as there is still no off street parking proposed. It was noted previously that the site is located in a sustainable city centre location, with multiple bus routes running past, and close to the site. Furthermore the city centre s three train stations and metro line are within close proximity to the site. It is noted there are also several temporary car parks in the vicinity. It is therefore not anticipated that the proposed changes to the previously approved scheme would have any detrimental impact upon the free flow of traffic and highway safety in the immediate area. Transportation Development raise no objections subject to the same conditions being attached in relation to cycle storage and kerb reinstatement. I consider these are necessary and appropriate. Other matters Objections have been received with regard to the wider aspirations for the Digbeth area however a temporary consent is recommended with this in mind. In addition issues raised with respect to gates not being permitted on Rea House residential development, are not related to the current application. The boundary wall is included within the application and foundations are a Building Regulations issue. Antisocial behaviour has also been raised as an issue in the area however West Midlands Police have raised no objection to the proposal. Finally, concerns were raised about the lack of public consultation however occupiers within the vicinity of the proposal have been consulted, in excess of legislative requirements. 7. Conclusion 7.1. I consider that the proposed changes to the scheme would have an acceptable impact on visual amenity and highway safety, however opening hours to 4am is unacceptable and conditions restricting opening until midnight only are proposed. Furthermore a temporary consent of 4 years is considered as necessary given the context of the surrounding area and taking into consideration the wider aspirations for the area. On this basis the proposal would be in accordance with policy and should therefore be approved for a temporary period. 8. Recommendation 8.1. Temporary approval subject to the following conditions: Page 5 of 9

6 1 Requires the scheme to be in accordance with the listed approved plans 2 Limits the hours of operation from 8:00-24:00 (midnight) on any day. 3 Requires the prior submission of noise limiting device details 4 Requires the prior submission of details of refuse storage 5 Requires the prior submission of extraction and odour control details 6 Requires the provision of cycle parking prior to occupation 7 Requires the prior submission of a CCTV scheme 8 Redundant kerbs to be reinstated. 9 Requires the prior submission of sample materials 10 Requires the use to discontinue within 4 years. Case Officer: Joanne McCallion Page 6 of 9

7 Photo(s) Figure 1 Application Site Figure 2 Birchall Street Elevation Page 7 of 9

8 Figure 3 Inside Site Page 8 of 9

9 Location Plan Deritend Bridge Devonshire House HIGH STREET DERITEND 102.4m LB TCB 102.4m STONE YARD Club CHAPEL HOUSE ST m ADFORD STREET Bull Ring Trading Estate m GREEN STREET TCB 276 PH Works 17 to m 104.2m Works Works Warehouse Depot 104.9m Trav C WB 221 BIRCHALL STREET 107.3m 26 Works 109.4m m 96 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 9 of 9