Ingeni Building, 17 Broadwick Street, London, W1F 0AX

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1 Committee Date: 12/06/2014 Application Number: 2014/02484/PA Accepted: 04/04/2014 Application Type: Full Planning Target Date: 04/07/2014 Ward: Sutton New Hall Park Lane, Minworth, Birmingham, B76 9BL Erection of 2 no. detached industrial/distribution units (Class B1c, B2/B8) including access and servicing arrangements, car parking, landscaping and associated works Applicant: Agent: Recommendation Approve Subject To Conditions Bericote Properties Limited c/o Agent Quod Ingeni Building, 17 Broadwick Street, London, W1F 0AX 1. Proposal 1.1. Planning permission is sought for the redevelopment of the Severn Trent Depot with the construction of two detached industrial/distribution Units (B1(c)/B2/B8) of 19,809sqm gross internal floor space, offices, access and servicing arrangements, car parking, landscaping and associated works The proposals are being pursued to facilitate the occupation of Unit 1 by a B8 occupier that has online presence. Unit 2 is speculative, but there is strong tenant interest. The applicant advises that the development would result in a significant investment within Minworth of an excess of 25 million and would give rise to up to 660 new jobs. It is anticipated that construction would commence once planning conditions have been discharged, with a proposed opening in The application follows extensive pre-application discussions with Officers where it was recommended that all heavy goods vehicles would access the site from a new access point off Midpoint Way in order to reduce traffic flow through residential areas in Park Lane Unit 1 would be sited over part of the footprint of the existing building and close to the northeast corner of the site. It would measure 72 metres in depth, 126 metres in width and 15.3 metres high and would have a gross internal floor space of 10,263sqm (comprising 8,443sqm of warehousing floor area, 1,339sqm of twostorey ancillary office accommodation and a 290sqm Vehicle Maintenance Unit (VMU)). The inbound service yard is located in the northeast corner of the site, to the north of Unit 1 and the outbound service yard would be located on the south side of Unit 1. Adjacent to Unit 1 and connected by a canopy would be a detached Vehicle Maintenance Unit (VMU) measuring 12 metres by 20.5 metres with a height of 9.8 metres. Page 1 of 12

2 1.5. Unit 2 would be sited directly behind Unit 1 within the lower half of the site and would measure 72 measures in depth, 128 measures in width and 15.3 metres high. It would have a gross internal floor space of 9,546sqm (comprising 8,850sqm of warehousing floor area and 696sqm ancillary two-storey office accommodation). The service yard would be provided to the west and south of the building, where eight roller shutters and two, two level access doors are proposed on the south elevation of the building The units would be constructed in silver metallic cladding laid vertically with a goosewing grey cladding roof and a deep horizontal band of white cladding would be provided below the eaves. The office accommodation in Unit 1 would benefit with ground and first floor windows and the main entrance doors to the offices would be clearly defined by full height vertical glazing on the west elevation that would serve the staircase. The office accommodation in Unit 2 would be clearly defined with slate grey horizontal micro-rib composite cladding, ground and first floor windows and white horizontal cladding below and between the windows. A white canopy would be provided above the entrance door. All windows would be powder coated aluminium finished in a slate grey colour and all roller shutters and personnel doors would be in silver metallic The proposed operating hours are 24 hours a day, 7 days a week In terms of parking provision, Unit 1 would have 250 staff car parking spaces (including 16 spaces for people with disabilities), 4 motorcycle parking spaces and 30 cycle storage spaces with access via the existing vehicular access point off Park Lane. Unit 1 would provide 101 parking bays for van delivery vehicles that would be separated from the staff parking area by retractable bollards and access would be gained via the new access point off Midpoint Way. Unit 2 would have 107 staff car parking spaces (including 4 for people with disabilities), 10 cycle storage spaces and 20 parking spaces for heavy goods vehicles with all access from Midpoint Way. A vehicle wash area and fuel tanks would be provided along the access road adjacent to Unit It is proposed to remove 114 trees and tree groups. During the course of this application, the applicant has responded to the comments received from my City Design advisor, Landscaping advisor and the Council s Ecologist to provide native shelter belt planting which would provide 75 replacement trees within the northeast corner of the site. The existing grassed areas adjacent to the western boundary of the site would be planted in wildlife flower seed mix to encourage wildlife. The splayed hedgerow at the access point to Park Lane would be removed to facilitate the improvement of the existing access point and replacement hedging is proposed where gaps would be formed at the access point. It is also proposed to provide further hedgerow planting within the gaps of the existing hedgerow along the eastern boundary In terms of security, it is proposed to install an extensive CCTV system provided in line with the occupier s requirements. It is also proposed to erect a 2.4m high paladin boundary fence to the car park with a 2.4m high palisade fence to the service yard boundaries The application was submitted with a Planning Statement, Design and Access Statement, Tree Survey Report, Transport Assessment, Travel Plan, Flood Risk Assessment, Ecology Assessment, Noise Assessment, Air Quality Assessment, Phase 1 Geo/Environmental and Ground Conditions Desk Study report (Hydrock. Page 2 of 12

3 Ref: R/13710/001. February 2014). A Transport Technical Note has been submitted in response to a request made by Transportation Development The proposed development falls within Schedule 2 of the EIA Regulations as an Industrial Estate Development Project (10a). The site is 5.63 hectares and therefore exceeds the associated threshold of 0.5 hectares, as defined in Schedule 2. The application site does not fall within a sensitive area as defined by Schedule 3 of the EIA Regulations. An EIA screening opinion was undertaken and concluded that the proposed development did not require an EIA and the letter and report was issued to the applicant on 16 May A Prior Notification for Demolition Works was approved on 8 May 2014 under application 2014/02495/PA Unit 1 - Elevations Unit 2 - Elevations Proposed Site Layout Plan with Landscape Scheme 2. Site & Surroundings 2.1. The application site extends to 5.63 hectares and is currently occupied by Seven Trent Water and used as a depot. The site comprises a complex of warehouse buildings and ancillary offices extending to approximately 10,200sqm. There is one existing access point, off Park Lane. There are 119 individual trees and 13 groups of trees within and adjacent to the site boundaries. There are no trees covered by Tree Preservation Orders (TPOs) and none of the trees have been classified as A1 category although several are category B2 trees, in good condition. The application site falls within Flood Zones 2 and Park Lane bounds the site to the north, and beyond is a large number of distribution units within Midpoint Park Industrial Estate. To the east, beyond a walkway is Prologis Park and to the west is a regional railway line, with an industrial development known as Castle Vale Enterprise Park beyond. To the south, the land is largely undeveloped. The nearest residential properties are located on Park Lane approximately 110 metres to the east of the site and the residential properties in Castle Vale to the west, are approximately 175 metres away The site lies within a large established industrial area with excellent strategic links to the motorway network, including Junction 5 of the M6 and the M6 toll road, via Junction 9 of the M42. The site has a good level of accessibility to public transport Site Location 2.5. Street View 3. Planning History June /01380/PA Planning permission granted for office block/ instrument laboratory, subject to conditions September /03217/PA Approve temporary for extensions to existing central services and to existing instrument laboratory, subject to conditions. Page 3 of 12

4 March /00816/PA Planning permission granted for conversion of warehouse to offices, extend canopy over vehicle loading bay and new canopy over stores picker truck route, subject to conditions September /02914/PA Planning permission granted for erection of canteen extension, subject to conditions May /02495/PA - Application for prior notification of proposed demolition of various buildings, no prior approval. 4. Consultation/PP Responses 4.1. Local Ward Councillors, M.P, Residents Associations and nearby residents were consulted. Press Notice published and Site Notices displayed Letters of objection received from nearby residents expressing the following: - Residents have had to put up with a lot of development in Minworth and houses are now virtually enclosed with warehouses. - Increase in vehicles on Park Lane would have further adverse impact on the quality of life of residents living in the area. - The Council should consider closing Park Lane and diverting all these articulated vehicles along the new bypass road and through the Midpoint 2 development. - Concerns about the loss of the green land Regulatory Services No objection subject to conditions to secure further intrusive investigations for land contamination as recommended by the submitted Ground Conditions Desk Study report (Hydrock. Ref: R/13710/001. February 2014) and to ensure the erection of the 3 metre high close boarded acoustic barrier in the northeast corner of the site as shown on the proposed site plan prior to the first use of the site National Grid Due to the presence of National Grid apparatus in proximity to the specified area, the contractor should contact National Grid before any works are carried out to ensure our apparatus is not affected by any of the proposed works. The proposed scheme has been referred for further assessment to Gas Distribution Pipelines Team and it is requested that the applicant takes no further action with regards to the proposed scheme until they are notified by National Grid Natural England The proposal is unlikely to affect any statutorily protected sites or landscapes Environmental Agency No objection Severn Trent Water No objection subject to a condition to secure suitable drainage of the site West Midland Fire Services The water supplies for fire-fighting are inadequate as the nearest water hydrant is over 90 metres from the entry point into the proposed units. The applicant has confirmed that a new water main connection to the site, capable of supporting a private hydrant off the town mains would be provided. West Midlands Fire Services are satisfied that this would ensure that there is adequate water supply for fire-fighting West Midlands Police No objection. Page 4 of 12

5 4.10. Transport Development No objection subject to conditions to secure appropriate highway works, construction traffic management plan, traffic management plan for delivery vehicles, cycle parking, parking and vehicular circulation areas to be used for no other purposes, plan showing satisfactory manoeuvring of heavy goods vehicles and draft travel plan to be finalised. 5. Policy Context 5.1. Birmingham Unitary Development Plan (UDP) 2005, Draft Birmingham Development Plan (BDP), Nature Conservation Strategy SPD, Car Parking Guidelines SPD and National Planning Policy Framework (NPPF) Planning Considerations 6.1. Policy Context 6.2. The NPPF requires all new developments to be considered with the presumption in favour of sustainable development. NPPF requires that the planning system does everything it can to support sustainable economic growth; encourage and not act as an impediment to sustainable growth; and therefore significant weight should be placed on the need to support economic growth through the planning system The core planning principles within the NPPF include: the need to proactively drive and support sustainable economic development to deliver homes, business and industrial units, infrastructure and thriving local places that the country needs; to always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; to encourage the effective use of land by reusing land that has been previously developed; and to promote mixed use developments, and encourage multiple benefits from the use of land in urban and rural areas. Paragraph 56 of the NPPF advises that good design is a key aspect of sustainable development and should contribute positively to making places better for people Policy 3.8 of the adopted UDP refers to the need to protect and enhance what is good in the city s environment and to improve that which is less good. Policy 3.10 states that proposals having an adverse effect on the quality of the built environment will not normally be allowed. Policy 3.14 emphasises the importance of good design. Policy 3.16A states that trees are important for their visual amenity, benefits to health, historical significance and nature conservation value. Where trees or hedgerows are lost as a result of development, replacement trees will be required and, wherever possible, replacement hedgerows. Policy 3.37 recognises the importance of safeguarding and enhancing the natural environment of the City. New developments, particularly those on open land, would be expected to respect, and where possible enhance, the local environment, for example through the retention of existing trees and through planting and landscaping schemes using native species where appropriate, with the objective of maximising wildlife value. Policy 3.77 advises that the City Council is improving air quality within Birmingham and would require development which minimises or reduces air pollution The site forms part of the 'Best Urban' employment land (I50) identified in Policy 4.20 of the adopted UDP. Policy 9.42 states that some of the land at Minworth Sewage Works not within the SINC, which is to become surplus to requirement, is proposed for industrial development. Page 5 of 12

6 6.6. Principle of Use 6.7. The application site is currently occupied by Severn Trent Water and is used as a depot. Prologis Park Midpoint adjoins the site to the east beyond a walkway and is near completion. It involved the redevelopment of part of the land at Minworth Sewage Works (I50) for large distribution and industrial premises for a number of the UK s leading companies. I am of the view that the proposed scheme would achieve a similar high quality industrial development on a site that has also been designated as best urban employment land within the adopted UDP The site is strategically located within easy reach of the motorway network, including M6 J5 and the M6 toll road, via M42. Access to the site for all delivery vehicles would be through a newly constructed access point linking the application site with Midpoint Way, which runs through Prologis Park. I therefore consider that the redevelopment of this brownfield site for distribution and industrial uses is acceptable in principle and would generate job opportunities in the City Design and Layout The principle of the layout is acceptable; the buildings would retain sufficient space from Park Lane and would be seen in context with the adjacent distribution and industrial buildings in Prologis Park The location of the office accommodation within Unit 1 provides overlooking of the staff car parking area and to the main site entrance. My City Design advisor has suggested that the office accommodation within Unit 1 should be located along the north side of the building facing Park Lane or at least have greater architectural presence than is provided by the windows currently proposed. I do not consider that this is necessary as it would have an impact on the way the warehouse functions internally and I am of the view that the windows to the office accommodation on the north elevation provide visual interest Unit 2 has been designed to take into consideration its location close to the new access point off Midpoint Way. The office accommodation within Unit 2 wraps around the corner of the building to provide reasonable overlooking and architectural interest by the site entrance The building heights would be 15.3 metres which is a similar height as the distribution and industrial buildings adjoining the site in Prologis Park and to the north in Midpoint Park Industrial Estate. The scale and massing of the building has been visually reduced through the use of contrasting cladding materials and colours through the different levels of the facades. The external canopies, office glazing and doors also help to bring human scale to the building. I am satisfied that the proposed scheme is of a high quality design that is in keeping with the newly developed industrial premises in the adjacent sites in Prologis Park. I therefore consider that the proposed scheme complies with policies 3.8, 3.10 and 3.14 of the adopted UDP and the NPPF, which all aim to improve the built environment. I have recommended conditions to secure high quality materials, landscaping and boundary treatment Highway Issues It is proposed that all delivery and Heavy Goods Vehicles (HGV) would access the site from a new access point off Midpoint Way, which provides access through Prologis Park and to Minworth Parkway which provides access directly onto Page 6 of 12

7 Kingsbury Road (A4097) and then within a few minutes to the motorway network, including M6, J5 and the M6 toll road, via M42. This access and route for delivery vehicles and HGVs would reduce traffic numbers and flows to Park Lane where there are residential properties. I consider it necessary to recommend a condition to secure a Traffic Management Plan which would include a Heavy Good Vehicle routing agreement Transportation Development raises no objection and considers that the additional traffic generated to and from the site is unlikely to have significant impact on surrounding highways. The Transport Assessment concluded that the increase in traffic using the Minworth Parkway / Water Orton Lane roundabout junction would not result in significant queue lengths The proposed parking provision for Unit 1 exceeds BCC maximum car parking guidelines by 77 spaces for B2/B8 uses however Unit 1 is proposed to operate on a shift pattern and additional parking would be used for overlap parking during the shift change to avoid on-street parking within the area. I therefore consider that the proposed parking provision is acceptable. I have recommended a condition to secure cycle storage facilities. The site also has a good level of accessibility to public transport services. I have therefore recommended a condition to ensure the travel plan submitted with this application is finalised and the new owner of the site affiliate to Company TravelWise Landscaping and Ecology Unit 1 has been set back from Park Lane to retain the existing landscaping buffer to Park Lane. In addition, following Officers advice a new planting area is proposed within the northeast corner of the site, adjacent to Park Lane which would comprise a mix of native planting and 75 new trees. This additional planting area would help to screen Unit 1 and the inbound service yard. It is also proposed to provide additional hedgerow planting and flowers along the site boundaries to enhance the visual amenities of the site and encourage wildlife and birds into the site I acknowledge that the site layout has limited landscaping within the site to allow for an expanse of car parking and serving areas for the proposed uses. I consider this is acceptable given that the boundary landscaping would be retained and the number of parking spaces is imperative for the operation of the site My tree officer and ecologist raise no objection to the amended landscaping scheme. I have recommended conditions accordingly to secure: details of how the wildflower lawns would be established and managed long-term; the ecological enhancement measures as recommended in the Ecological Assessment; and a further bat survey if the trees are not removed by the end of winter Impact on Residential Amenity The nearest residential properties on Park Lane are located approximately 110 metres to the east of the site and the residential properties in Castle Vale to the west, are approximately 175 metres away The NPPF seeks to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development. The noise assessment considered the 24 hour operation of the proposed development on nearby residential properties in Park Lane, including vehicle movements, docking and loading activities associated with the two units, fixed plant noise, vehicle fuelling and Page 7 of 12

8 washing, and staff car parking. It was identified in the assessment that a 3 metre high acoustic barrier fence would be required around the northeast corner of the site in order to reduce the noise levels of the inbound service yard and service plant at Unit 1 and to avoid any potential adverse impacts on health or quality of life. Regulatory Services raised no objection subject to a condition to secure the construction of the 3 metre acoustic barrier fence within the northeast corner of the site. I have recommended a condition accordingly. I do not consider that the proposed development would have a detrimental impact on the amenities of neighbouring residential properties Other Issues The site is currently used as a depot. Regulatory Services have recommended that intrusive land contamination investigations are carried out prior to any development. I concur with this view and have recommended a condition accordingly West Midlands Fire Service requires a water hydrant that is within 90 metres of the entry points into the building. There are two water hydrants in the vicinity of the site however they are over 90 metres from the entry points into the proposed buildings. To overcome the shortage of water supply for fire-fighting the applicant is proposing to provide a new water main connection to the application site, which would be capable of supporting a private hydrant off the mains. West Midlands Fire Service are satisfied that this would provide adequate water supplies for fire-fighting. I have recommended a condition to secure this method. 7. Conclusion 7.1. This application represents an urban regeneration scheme which would create 19,809sqm of industrial/distribution space with ancillary office accommodation, on a brownfield site that is designated as Best Urban employment land within the adopted UDP. It would promote sustainable economic growth in an existing industrial area and would generate job opportunities I consider that the design and siting of the buildings is acceptable and the proposed access point to Midpoint Way would minimise any adverse impacts on the road network and the amenities of adjoining residents. Subject to safeguarding conditions, I do not consider that the proposed development would have an adverse impact on wildlife, the environment, highway safety and the amenities of nearby residents. I therefore consider that the proposed development complies with relevant policies set out within the adopted UDP and the NPPF. 8. Recommendation 8.1. I recommend approval subject to the following conditions: 1 Requires the prior submission of a construction method statement/management plan 2 Requires the prior submission of a contamination remediation scheme 3 Requires the prior submission of a contaminated land verification report 4 Requires the prior submission of a drainage scheme 5 Requires the prior submission of level details Page 8 of 12

9 6 Requires the prior submission of sample materials 7 Requires the implementation of the approved hard and/soft landscaping details. 8 Requires the prior submission of boundary treatment details 9 Requires the prior submission of a landscape management plan 10 Requires the prior submission of a scheme for ecological/biodiversity/enhancement measures 11 Requires the prior submission of a CCTV scheme 12 Prevents occupation of Unit 1 until the 3 metre high acoustic barrier fence has been constructed. 13 Requires the prior submission of a Traffic management plan for delivery vehicles prior to occupation. 14 Requires the prior submission and completion of highway works. 15 Requires the parking area to be laid out prior to use 16 Requires the provision of cycle parking prior to occupation 17 Requires the draft Travel Plan to be finalised and the applicant to affiliate to Company TravelWise. 18 Requires a further bat survey if the trees identified for removal have not been felled by 1 March Requires the scheme to be in accordance with the listed approved plans 20 Limits the approval to 3 years (Full) Case Officer: Helen Hawkes Page 9 of 12

10 Photo(s) Existing building within site Page 10 of 12

11 Park Lane - North boundary of site Page 11 of 12

12 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 12 of 12

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