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Committee Date:
02/04/2015
Application Number:
Accepted:
09/02/2015
Application Type:
Target Date:
06/04/2015
Ward:
Acocks Green
2015/00455/PA
Full Planning
213 Yardley Road, Acocks Green, Birmingham, B27 6LZ
Retention of funeral directors with embalming (Sui Generis), remote
cooler system to rear elevation and proposed laying out of car park
Applicant:
Independent Family Funeral Directors
213 Yardley Road, Acocks Green, Birmingham, B27 6LZ
Agent:
Recommendation
Approve Subject To Conditions
1.
Proposal
1.1.
Retrospective planning permission is sought for the use of the premises as funeral
directors with embalming. Planning permission (2014/01197/PA) has already been
granted for use of the premises as funeral directors (use class A1). However this
consent does not include embalming, which is classed as an industrial process and
in conjunction with a funeral directors use represents a sui generis use.
1.2.
The applicant advises that the embalming process is undertaken by a trade
embalmer who visits the premises to carry out the treatment. No chemicals or fluids
associated with the treatment are stored at the premises. The treatment normally
takes between 2 and 4 hours and on average there is only one such visit per week,
though the applicant advises that there have been occasions where there have been
no visits and a maximum of 2 visits within a single week. The embalmer reverses an
estate style vehicle to the rear entrance of the premises, within the rear service yard
and under a canopy, and remains there for the duration of the visit. The embalmer
brings all the necessary equipment for the process to the application premises. The
treatment is undertaken in the preparation room, which also includes a cool storage
cabinet, and is not accessible to visiting public. Any clinical waste generated is
contained within locked bins provided by the applicant’s clinical waste contract
company, which is collected on a monthly basis.
1.3.
The application also includes the retention of a remote cooler system installed to the
rear elevation and under the canopy. In addition, the application includes an
amended car park layout, which was a condition attached to the previous consent
(2014/01197/PA).
1.4.
The ground floor comprises a reception office, chapel of rest, preparation room and
family meeting room. The first floor would comprise of a mix of offices and store
rooms.
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1.5.
Opening hours for customers would remain as 0800-1700hours Monday to Friday
and 0900-1200hours on Saturdays.
Link to documents
2.
Site & Surroundings
2.1.
The application premises was previously used as office accommodation, being a
detached 2-storey building on the corner of Yardley Road and Wynford Road, with a
rear service yard / parking area with access off Wynford Road. To the west, on the
opposite side of Wynford Road is a vacant commercial unit, with industrial units
behind. Residential properties are located to the southeast (Yardley Road) and
southwest (Wynford Road). The wider area is predominantly residential and the
Yardley Cemetery is a short distance to the northeast, to the opposite side of
Yardley Road and the Grand Union Canal.
Site location
Street view
3.
Planning History
3.1.
21.05/14 – 2014/01197/PA. Change of use from offices (Class B1a) to funeral
directors (Class A1) with associated parking to the rear. Approved.
4.
Consultation/PP Responses
4.1.
Transportation Development – Final comments to be reported.
4.2.
Regulatory Services – No objection subject to conditions relating to opening hours,
cumulative plant noise and refuse storage.
4.3.
Local residents, residents associations, Councillors and MP consulted.
4.4.
Petition received containing 118 signatures objecting to the application on the
following grounds:
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4.5.
Constant delivery of bodies in ‘private ambulance’ and its continuous and
visible parking within rear car park.
Embalming and storage of bodies and probable disposal of tissues and
chemicals into shared sewerage system.
Visible presence of embalmers (in scrubs).
The (obtrusive and lengthy) parking of related commercial vehicles, business
and family customers, and (all) funeral cars outside residential dwellings
when bodies are collected for funerals.
Visible loading of coffins into hearses within the rear car park.
20 representations received from local residents objecting to the application on the
following grounds:
• Embalming is core to business and taken place since trading commenced at
premises.
• Average of 5 funerals a week and up to 7 in a week recorded.
• Level of vehicle movements associated with all parts of the funeral process.
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4.6.
Greater parking need.
High level of street parking on Wynford Road.
Inconsiderate parking.
Coffins are loaded into certain funeral transport in the street.
Complaint made direct to Highway Department.
Car park is unworkable.
Boundary screening would obscure line of sight and create highway hazard.
Visual amenity of boundary screening.
It is a mortuary – a very unpleasant, uncomfortable and unacceptable fact.
Vehicles take unsafe car movements to face towards Yardley Road.
The gate to the car park prevents normal left and right turns.
Use neighbours’ dropped kerbs.
Applicant has no control over the driving and parking action of visitors and
drivers.
Is foul sewer used to dispose of treatment waste?
Refuse needs to be in a secure location and the car park is not secure.
No information on the use of rooms, embalming machinery, location of chiller,
waste and hazardous substances.
Cooler system is a large multi-purpose unit, usually compatible with chiller
cold rooms or supermarket display freezers.
No details on the location of the cold room and if to first floor there is concern
over weight bearing issues and transportation of bodies.
Where is the storage of empty coffins?
No opportunity to recruit locally.
Applicant shows no social awareness and no concern for the needs of the
community.
Adverse impact on the quality of life and amenity.
Contrary to planning policy and guidance.
Threat to personal / a group’s stability.
People do not want corpses as a neighbour.
Diminish sense of place.
Questionable economic sustainability of site / business.
Devalue property.
Unsuitable location for a corporate business.
Smell and noise from the building.
Residents find the use disturbing.
Residents were not notified of the previous application.
Insufficient parking/loading/servicing area.
Parking cannot meet the needs of the business.
External ventilation is unacceptable.
Inadequate information relating to internal arrangement/layout.
Embalming room is not fit for purpose.
Noise/vibrations/emissions from external plant.
Embalming represents a health and safety risk.
Adverse impact on emotional health.
Representation has also been received from a Highway Consultant acting on behalf
of local residents, raising the following matters:
• Insufficient operational parking within the site when viewed against the
Council’s SPD.
• Insufficient on-site provision for delivery and servicing vehicles.
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• Sub-standard access in terms of inter-visibility between drivers and
pedestrians.
• Increased vehicles activity arising from embalming process.
4.7.
1 representation received from local resident in support of the application.
5.
Policy Context
5.1.
Birmingham UDP, Draft Birmingham Development Plan, Places for All SPG, Car
Parking Guidelines SPD and the NPPF.
6.
Planning Considerations
6.1.
Background:
6.2.
The principle of the use of the premises as an A1 Funeral Directors has been
established under planning permission 2014/01197/PA. Whilst the property is in an
edge-of-centre location it was noted that it has historically been used for offices,
which is a town centre use. Furthermore, whilst there are vacant units within the
Yardley Road Neighbourhood Centre, it was considered that none of these were
suitable for the use. As such, it was considered that this edge of centre premises
was acceptable in policy terms. In terms of highway safety, Transportation
Development advised that car parking demand, in accordance with Car Parking
Guidelines SPD, would increase from an existing 7 spaces to 11 spaces. It was
recognised that the rear car park could accommodate approximately 3 spaces and
the proposal is likely to increase parking demand on Wynford Road. However,
Transportation Development concluded that that the proposal would be unlikely to
have an adverse impact on highway safety. Furthermore, Regulatory Services
considered that subject to safeguarding conditions, the proposal would not have an
adverse impact on neighbour amenity.
6.3.
The current use incorporates embalming, which falls outside of the granted A1
funeral directors use. The matters for consideration with this application relate to the
impact of this additional element, as well as associated external machinery (cooler
system) and the car park layout in relation to visual and neighbour amenity as well
as highway safety.
6.4.
Visual amenity:
6.5.
All the embalming activities are undertaken within the preparation room away from
areas accessible from the general public. Reference made by local residents in
relation to private ambulances, funeral transport and workers being visible within the
rear car park are noted. The presence of commercial vehicles and staff associated
with an established small-scale commercial site is to be expected, and whilst the
service provided can be an emotive subject to some, it does not represent grounds
to refuse the application. It should be noted that private ambulances and funeral
vehicles do reverse to the rear of the premises. However, by positioning the
vehicles underneath the canopy it provides a goof level of privacy and restricts views
from the public realm as well as neighbouring properties. The refuse storage is also
kept under the canopy, which minimises their impact on visual amenity.
6.6.
The externally mounted remote cooler system is located underneath the rear canopy
with limited view from the public realm and is considered acceptable in visual
amenity terms.
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6.7.
Neighbour amenity:
6.8.
The application premises faces Yardley road, which is a busy road and there are
commercial units also located off Wynford Road’s junction with Yardley Road,
opposite the application site. Whilst the embalming element of the applicant’s
business results in additional activities, including vehicular movements, at the
premises, within its context it is considered that any impact on neighbour amenity is
acceptable.
6.9.
The application demonstrates that the cooler system would have no adverse impact
on neighbour amenity and a noise level condition would safeguard this. Regulatory
Services raise no objection subject to safeguarding conditions.
6.10.
Highway safety:
6.11.
The additional use of the premises for embalming would result in limited additional
traffic associated with the process, including the embalmer. However, this is just
part of the overall business and would not result in a significant rise in vehicular
movements over and above the approved A1 funeral directors use. The amended
car park layout shows that 3 or 4 vehicles could be accommodated within the car
park.
6.12.
Other matters:
6.13.
A significant level of opposition has been received on the application and many of
the comments made are not material planning considerations in the determination of
a planning application (e.g. devaluation of property). Also, reference is made to the
principle of the funeral directors use in this location, which has already been deemed
acceptable with the previous application. It is recognised that certain elements
associated with the use can be sensitive and upsetting to some, but ultimately the
applicant provides an important and established service, which is to be found within
the community. It should also be noted that the disposal of clinical waste is covered
by separate legislation and is not covered by planning legislation.
7.
Conclusion
7.1.
The principle of A1 funeral directors has recently been established with the previous
consent (2014/01197/PA) and the application has demonstrated that the
unauthorised embalming element and associated external remote cooler system
would have no adverse impact on neighbour amenity, visual amenity or highway
safety. Furthermore, the car park layout illustrates that it could accommodate 3 or 4
vehicles. The proposal is in accordance with relevant policy and guidance, there are
no grounds to refuse the application and as such planning permission should be
granted.
8.
Recommendation
8.1.
Approve subject to conditions.
1
Limits the hours of use for customers between the hours of 0800 to 1700 hours
Mondays to Fridays, and 0900 to 1200 hours Saturdays
2
Limits the noise levels for Plant and Machinery
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3
Requires the scheme to be in accordance with the listed approved plans
Case Officer:
Peter Barton
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Photo(s)
Figure 1 – Frontage to Yardley Road/Wynford Road junction
Figure 2 – Car park off Wynford Road
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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
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