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Committee Date:
16/04/2015
Application Number:
Accepted:
15/01/2015
Application Type:
Target Date:
16/04/2015
Ward:
Selly Oak
2015/00245/PA
Full Planning
Harborne Lane, Selly Oak, Birmingham, B29 6TG
Erection of 3 storey 65 Bed care home (Use Class C2) with associated
access, parking and external works
Applicant:
Agent:
Mr Cahal Grant
Glenfield House Nursing Home Ltd, Middle Lane, Wythall, Kings
Norton, Birmingham, West Midlands, B38 0DG
James A Stafford
Woodville Lodge, Lodge Lane, Kingswinford, West Midlands, DY6
9XE
Recommendation
Approve Subject To Conditions
1.
Proposal
1.1.
This application seeks permission for the erection of a three storey 65 bedroom care
home for elderly residents on the vacant Monks Scrapyard site, Harborne Lane,
Selly Oak.
1.2.
As well as 65 bedrooms with en-suite facilities, the care home would include
lounges; assisted bathrooms, a hairdressing salon, doctor’s office and multi‐function
rooms. A fully operational commercial kitchen with ancillary office and meeting room
space for staff would be provided within the roofspace.
1.3.
The care home building would be situated to the south of the site, towards the front,
set back 3.1m and 4.1m from the back edge of the Harborne Lane footpath. The
overall building is of an “L” shaped footprint orientated with the main wing
addressing the street and building line along Harborne Lane and the 2nd wing facing
north looking towards the adjacent car park area and Bournbrook area of open
space. The building would comprise of three storeys with the entrance to the
northern elevation, close to the corner with the main road frontage. The building
would have a simple design, replicating properties in the surrounding area, with
steeply pitched roofs and gable features.
1.4.
The building would be a maximum of 11.6m in height and have a length of 40m
along Harborne Road and 37.3m along the north elevation. The building would be
between 16m and 19m wide. It is proposed to be brick constructed with red facing
brickwork, along with white UPVC double glazed widows; and concrete interlocking
roof tiles.
1.5.
Vehicular access would be via Harborne Lane with a 6m wide vehicle crossover
provided. This would lead to a car park located to the north side of the proposed
building, providing 30 car parking spaces including 5 disabled spaces.
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1.6.
There would be approximately 1700sqm of open space and landscaping to the rear
of the building and surrounding the whole site. The site would be bounded along its
northern, southern and western boundaries by a 1.8m high close boarded fence.
1.7.
A section of the site to the northern end adjacent to the Bournbrook, would be
excluded from the care home development site. Instead, this land would be given
over to public open space to allow the development of the Bournbrook Walkway.
1.8.
It is envisaged that this scheme would employ 30 full-time equivalent staff.
1.9.
The area of the application site is 0.48 hectares.
1.10.
In support of this application the applicant has submitted a Transport Statement,
Phase 1 Habitat Survey; Flood Risk Assessment, a Design and Access Statement
including a Planning Statement; Landscape Plan and Noise Assessment.
Link to Documents
2.
Site & Surroundings
2.1.
The application site is the former Monks Scrapyard to the western side of Harborne
Lane, Selly Oak.
2.2.
The site has been cleared of buildings and currently sits vacant with overgrown
vegetation. To the rear of the site is a bank with a screen of mature trees, this is
supported by a 1.1m retaining wall, beyond which to the west of the site is Water Mill
Primary School. The school is separated from the site by open space, which
includes an overgrown pond. The Bournbrook is on the northern boundary of the
site, with semi-detached dwellings to the north of this with commercial works behind.
2.3.
Opposite the site on Harborne Lane is a row of semi-detached dwellings whilst to
the south and adjacent the application site is a row of terraced houses.
2.4.
The adjacent Bournbrook and open space are a Site of Local Importance for Nature
Conservation (SLINC) and Key Wildlife Corridor. The site is also within flood zones
2 and 3.
Site location map
Street view
3.
Planning History
3.1.
27/04/1993 – 193/01244/PA Use of property/land as dwelling, scrap merchant-sale,
purchase, storage of scrap/motors/bikes/spares. Approved.
3.2.
14//12/2005 – 2004/06910/PA Erection of 40 apartments in two blocks with
associated car parking including demolition of existing buildings. Approved subject
to conditions.
3.3.
01/07/2013 – 2013/03607/PA Pre application discussion for proposed nursing home,
amend vehicular access and car parking and landscaping. Permission likely to be
forthcoming subject to satisfactory layout, design and supporting information.
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4.
Consultation/PP Responses
4.1.
Regulatory Services – No objection subject to contaminated land and noise limiting
conditions.
4.2.
Transportation Development – No objection subject to conditions for an appropriate
highway works agreement, secure cycle storage and pedestrian visibility splays.
4.3.
Severn Trent – No objection subject to a condition to provide drainage plans for the
disposal of surface water and foul sewage. Advise that there is a public sewer
within the application site.
4.4.
Canal & River Trust – No objection.
4.5.
Environment Agency – The lower car park falls within the floodplain. Further
assessment work is required that ensures development is safe and suitable
mitigation is provided.
4.6.
Natural England – No objection.
4.7.
West Midlands Police – No objection, recommend that the proposal is developed to
enhanced security standards set by Police Crime Reduction initiative 'Secured by Design'
4.8.
Letters of notification have been sent to surrounding occupiers, local residents
associations, Selly Oak Ward Councillors and the MP for Selly Oak. A site and
press notice have been posted.
4.9.
Cllr Brigid Jones states that she hopes the design meets modern care standards.
Further adding, that ‘it would be brilliant if the developers could liaise with the school
immediately behind the site to see if a pedestrian cut through into the school, on the
edge of the site, would be feasible, and if it would be beneficial to ease traffic issues
around the area.
4.10.
The Selly Oak Branch Labour Party – Do not oppose the application but are
concerned that some of the bedrooms may not meet current standards for
developments of this kind. In addition, they too suggest a link to the school at the
rear.
4.11.
One letter of objection has been received from a nearby occupier, objecting to the
proposal on the grounds that that the site would not provide enough parking spaces
for this type and size development and that the low number of parking spaces for
staff and visitors will result in people parking on Reservoir Road.
4.12.
One letter in support of the proposal has been received from a nearby occupier
stating that this is a good and sensible idea for this site as it needs to be utilised.
5.
Policy Context
5.1.
The following local policy is relevant.
•
•
•
•
Birmingham Unitary Development Plan 2005
SPG: Specific Needs Residential Uses (2001)
SPG: Places for Living (2001)
Draft Birmingham Development Plan.
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5.2.
The following national policy is relevant.
•
6.
6.1.
6.2.
6.3.
The National Planning Policy Framework (2012)
Planning Considerations
Principle of use
The former use of the site as scrapyard is a non-confirming use within a
predominantly residential area, which could have conflicted with the adjoining
residential properties. As such, its removal is to be welcomed in principle.
The National Planning Policy Framework and policies within the UDP encourage the
provision of a mix of housing types and tenures. The proposal would result in the
provision of a 65 bedroom elderly person home on brownfield land within an
established residential location close to local amenities. Furthermore, the scheme
would assist in meeting local need for smaller units of accommodation suitable for
the elderly, which could then release larger under-occupied family dwellings of all
tenures in this locality, increasing the supply of family housing which is in very high
demand across the city. I therefore consider the redevelopment of this site for
residential accommodation for elderly people is acceptable in principle.
Scale and Design
The application site is relatively flat, but the ground slopes down steeply at its
northern end to the Bourn Brook, which runs parallel to the boundary on this side.
The northern end of the site falls within Flood Zones 2 and 3, and this this has
provided a significant constraint in terms of the siting of the building. In response to
this, and in recognition of the sites prominent position on the Harborne Lane
frontage, a layout has been developed (in consultation with City Officers) to show an
‘L-shaped building positioned (predominantly outside the restrictive flood zones) to
provide a strong presence to the road frontage and a second public face overlooking
the car park area.
6.4.
The building would be of a simple design, reflective of its function as a care home. It
would be of brick construction and incorporate features -including pitched roofs,
projecting gables and windows within the roofslope - to reflect characteristic evident
on existing properties in the vicinity. The building would be 3 storey, with a maximum
height of 11.6m. Drawings have been submitted with the application which
demonstrate the relationship of the proposal to the adjacent houses and I am
satisfied that a building of this scale would sit comfortably within the streetscene.
6.5.
SPG ‘Places for Living’ states that new residential buildings should have frontages
that should be as ‘active’ as possible, particularly at ground floor. It goes on to state
that the main access to buildings should be from the public realm with well-defined
entrances and that they should be designed to be obvious and accessible. The
scheme includes just the one entrance point from the car park on the north elevation
looking towards the adjacent open space. However, this is positioned at the corner
clearly visible also from the street frontage. In addition, there would be habitable
rooms providing a sufficient level of activity to the Harborne Lane frontage.
6.6.
Internally, each resident would have their own private room, with en-suite facilities all
of an average size of approximately 20sqm. The agent has confirmed and provided
details that this would accord with the Care Quality Commission standards. (which
require a minimum of 16sqm) The orientation of bedrooms and day spaces have
been designed to relate to the external environment with bedrooms overlooking the
amenity area to the rear or having views to the front of the site or to the open space
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of Bournbrook to the north. SPG “Specific Needs Residential Uses” states that
proposals for new care facilities such as this should include within the site boundary
adequate outdoor amenity space to provide a satisfactory living environment for
residents. This should normally be a minimum of 16sqm of space per resident. In
this case, there is approximately 1700sqm of amenity space to the rear of the
building and within the wider site; as such I consider the proposal would provide a
good quality residential environment for future occupiers of this care home.
6.7.
A noise report submitted with the application suggests the need for a high
specification of glazing to ensure residents are provided with a suitable degree of
quiet from the traffic noise from Harborne Lane. My Regulatory Services officer has
no objection to this and recommends a suitable condition to secure this.
6.8.
There are habitable room windows to the front and rear elevations to both wings,
however given the distance from surrounding properties and the orientation of the
building and the nature of neighbouring uses, the proposal would comply with
distance separation guidelines to existing dwellings and would not adversely affect
the amenities of existing residents.
6.9.
6.10.
Landscaping
Landscaping is indicated across the site, which would improve the setting and
appearance of the building and also providing good quality private amenity for future
occupiers. Significant tree planting is also proposed to replace a number of selfseeded trees that have established on the site. My Landscape Officer raises no
objection to the proposal and makes a series of recommendations with regards to
how the landscaping proposals could be enhanced. A condition to secure a
comprehensive landscaping scheme is therefore recommended.
Highway Matters
My Transportation Development Officer considers the proposed access to be
acceptable, noting that the existing footway crossing would be removed and a new
access point provided. An appropriate highways agreement, to be secured through
condition, is recommended to secure the most appropriate construction.
6.11.
In addition, the proposed 30 car parking spaces are considered adequate, noting
that Birmingham City Council Parking Guidelines recommends a maximum of 1
space per three beds, in this instance equating to 22 spaces. The application form
states 6 cycle parking spaces but these are not apparent on the site plan. A
condition requiring details is therefore recommended.
6.12.
The site is in a sustainable location and close to local amenities, potential workforce,
and there are good bus links. Therefore, subject to the imposition of appropriate
conditions, my Transportation Development Officer raises no objection to the
proposal, a view with which I concur.
6.13.
Ecology
Woodgate Valley SLINC is located to the north and west of the site. The majority of
the application site is “brownfield” habitat. The areas of hardstanding associated
with the site’s former use as a scrapyard have been colonised by ruderal/”weedy”
herbaceous species typical of brownfield sites and shrubs such as willow, buddleia
and silver birch. Along the western and northern boundaries, there is a transition to
more semi-natural vegetation associated with the Bournbrook corridor and open
space.
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6.14.
The areas of developing shrub provide opportunities for nesting birds; the site’s
peripheries, especially to the north and west may also be used by foraging bats.
However, there are no trees or features that could be used by roosting bats. On the
basis of the field survey and desk study, the site is considered to have limited
potential to support other protected species. The ecology report recommends
standard, good practice measures during vegetation/site clearance to avoid harm to
nesting birds; a precautionary approach is recommended in respect of other
protected species. The Councils Ecologist advises that a condition should be
attached to secure implementation of these recommended mitigation measures.
Other protective measures are also recommended such as fencing to protect the
SLINC during the construction process.
6.15.
Two invasive plant species are present on and adjacent to the site. Appropriate
control measures should be implemented during development to eradicate stands of
Himalayan balsam that are present on the site, and to ensure that construction
works do not disturb the stands of Japanese knotweed and Himalayan balsam
present along the brook corridor. A condition should be attached to secure details of
an invasive weeds method statement.
6.16.
Given the above and subject to the conditions mentioned the Council’s ecologist
raises no objection to the proposal, a view with which I concur.
6.17.
Flood Risk and Drainage
A large section of the application site to the north is located within Flood Zones 2
and 3 of the Bournbrook on the indicative Environment Agency Flood Zone Map.
The NPPF and accompanying Technical Guidance seek to direct new development
to areas with the lowest probability of flooding through the application of a sequential
approach. Only where there are no reasonably available sites in lower areas of
flooding (Flood Zone 1 and 2), should the suitability of sites in Flood Zone 3 be
considered. Development proposals in Flood Zone 3 should only be permitted if the
Exceptions Test (where appropriate) is passed, where it needs to be shown that the
development provides wider sustainability benefits and that it will be safe and will not
increase flood risk elsewhere.
6.18.
In this instance, no part of the building proposed falls within Flood Zone 3. Although
some is within Flood Zone 2, the Environment Agency notes that residential
development is considered ‘appropriate’ under the Technical Guidance for Zone 2,
and as such is not subject to the sequential or exceptions test.
6.19.
A number of mitigation measures have been proposed for example ensuring the
ground floor level of the new building is constructed at or above a level of 600mm
above the 1 in 100 year plus climate change flood level. In addition Sustainable
Urban Drainage Techniques (SUDs) can be used and conditions to secure this
mitigation along with other suitable drainage conditions are recommended.
6.20.
It has been demonstrated through the accompanying Flood Risk Assessment that
the proposed development can be accommodated safely without giving rise to
increased flood risk, either to the site itself or to the surrounding area.
6.21.
The Environment Agency originally objected to the application. However through
ongoing discussion with the applicant, the majority of their concerns have now been
addressed. The only outstanding issues relates to the assessment of any mitigation
required in respect of the proposed car park. The applicant has undertaken
additional work and is in discussion with the Environment Agency over their
outstanding objection.
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6.22.
6.23.
6.24.
Severn Trent has advised that there is a public sewer within the application site.
Public sewers have statutory protection and may not be built close to, directly over
or be diverted without consent. The applicant has confirmed that they are aware of
the sewer and are currently in discussion with Severn Trent regarding its diversion.
Contaminated Land
Due to the former use of the site as a scrap yard, the site could be susceptible to
contaminants. A Geo-Environmental Investigation report submitted suggests limited
sources of pollution on the sirte and the risk is considered to be low. However, it is
recommended that further site assessment is carried out. As such a condition
requiring a site assessment and if necessary remediation to scheme to deal with the
risks associated with contamination is recommended.
Other Matters
Given the nature of the accommodation that would be provided (i.e. for elderly
persons), there would be no policy requirement for provision of public open space or
affordable housing.
6.25.
Separately, at the request of Local Services Officers, the application proposes to set
aside a strip of land at the northern end of the site (beyond the boundary of the care
home development) to assist in the delivery of the Bournbrook Walkway, in reflection
of the aspirations in the UDP (at paragraph 20.16) with regards to this.
6.26.
Discussions are progressing (outside of the planning process) regarding the
voluntary transfer of the land to the Council. The applicant has provided a written
commitment to this effect, including an agreement to undertake any necessary
remediation works and ‘grade’ the land as required prior to handover. My Local
Services colleagues welcome this approach and confirm that there would be no
planning policy requirement for these (or any other) works or contribution towards
public open space. The necessary funds to layout the walkway have already been
secured through existing S106 agreements.
6.27.
I note Councillor Jones’ suggestion about a link to the school. However, whilst the
development would allow for the provision of the aforementioned walkway alongside
the Brook, my Local Services colleagues have advised that the school have
expressed no desire for an access at this point, and the school has not commented
on the current planning application.
6.28.
Sustainability and Regeneration
This application would have a positive impact on sustainability and for regeneration
by providing a new care facility within a highly sustainable location close to local
amenities, which would contribute to the local economy, with the future potential of
jobs for local people.
7.
Conclusion
7.1.
The proposal would result in the provision of an elderly persons’ care home within
an established, sustainable residential environment. Given the importance of
providing care homes for the elderly it is considered that the application would be
acceptable and accord with local and national planning policy and as such it is
recommended that the application be approved subject to conditions.
8.
Recommendation
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8.1.
Subject to the withdrawal of the Environment Agency’s objection, approved subject
to conditions.
1
Requires the scheme to be in accordance with the listed approved plans
2
Requires the prior submission of a contamination remediation scheme
3
Requires the prior submission of a contaminated land verification report
4
Requires the implementation of the Flood Risk Assessment
5
Requires the prior submission of a drainage scheme
6
Requires the prior submission of a method statement for the removal of invasive
weeds
7
Requires the prior submission of fencing around areas of nature conservation interest
8
Requires the prior submission of a scheme for ecological/biodiversity/enhancement
measures
9
Requires mitigation measures for nesting birds and other protected species.
10
Requires the prior submission of hard and/or soft landscape details
11
Requires the prior submission of hard surfacing materials
12
Requires the prior submission of boundary treatment details
13
Requires the prior submission of a lighting scheme
14
Requires the prior submission of sample materials
15
Requires the prior submission of level details
16
Requires the prior submission of cycle storage details
17
Requires pedestrian visibility splays to be provided
18
Requires the prior submission and completion of works for the S278/TRO Agreement
19
Requires the development to be carried out in accordance with Environmental Noise
Assessment.
20
Limits the approval to 3 years (Full)
Case Officer:
James Mead
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Photo(s)
Photograph 1: Looking north across the site
Photograph 2: View to the west and rear of the site.
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Photograph 3: View of sites frontage looking south along Harborne Lane
Page 10 of 11
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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