Lidl Food Store, 579 Moseley Road, Sparkbrook, Birmingham, B12 9BS

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1 Committee Date: 06/03/2014 Application Number: 2013/09221/PA Accepted: 20/12/2013 Application Type: Full Planning Target Date: 21/03/2014 Ward: Sparkbrook Lidl Food Store, 579 Moseley Road, Sparkbrook, Birmingham, B12 9BS Demolition of existing Lidl food store and industrial units on Homer Street and erection of a new enlarged food store together with car parking and landscaping works Applicant: Agent: Lidl UK GmbH Wellington Parkway, Lutterworth, Leicestershire, LE17 4XW Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. Consent is sought to demolish the existing Lidl food store (1100sq.m) and adjoining industrial units (400sq.m) on Homer Street and to erect a new enlarged food store (2179sq.m), together with car parking and landscaping works (site area 6526sq.m) The existing store has a predominantly blank frontage to Moseley Road. The majority of the car parking (88 spaces) is located behind the store. It is single storey and located close to the boundary with premises fronting Cromer Road The proposed new store would front Moseley Road. The proposed store would be around 3m from the rear of properties fronting Cromer Road. The proposed service yard / deliver area would be located at the rear of the store. The store would comprise; entrance area, sales area (1391sq.m), bakery preparation room, bakery freezer room, warehouse areas, delivery store, office, staff room, cloak rooms and w/c s The proposed new store would be single storey, with an aluminium raised seam clad pitched roof. The Moseley Road frontage, and a portion of the return elevation to the car park, would comprise predominantly full-height glazing. Towards the southern end of the frontage, adjoining 577 Moseley Road, a red brick framed rendered panel (with fire exit door) would be provided. Above the glazing / rendered panel, flat metal cladding panels would form a roughly triangular wedge to Moseley Road. Around 1/3 of the cladding, above the entrance area, would project forward by around 1m providing an entrance canopy feature. The reminder of the store would comprise red brick framed rendered panels with flat metal cladding above. On the roof, 3 air intake / ventilation flues (approx.1m high) are indicated. At the side, 4 condenser units are also indicated. Page 1 of 14

2 1.5. Externally, 84 car parking spaces, covered cycle storage (9 spaces) and a trolley park would be provided. Around the car park, including part of the frontage to Moseley Road, a 2m wide (minimum) landscaping bed is indicated. Parking spaces would comprise block paving and vehicular / pedestrian circulation spaces would be tarmac. The existing trees on the site (protected by T.P.O. 837), located within the north-west corner, would be unaffected by the proposals. In front of the proposed store, along the Moseley Road frontage, stainless steel bollards would be provided to protect the glazed areas The existing store employs 15 full-time and 10 part-time staff. The proposed new store would employ 16 full-time and 35 part-time staff The proposed opening hours would be hrs Monday to Saturday and hrs on Sundays (as existing) The applicant is proposing to make a financial contribution of 50,000 towards securing environmental improvements and / or town centre management and / or business development within Balsall Heath. In addition, the applicant proposes that a commitment to employment of local people be secured as part of the section 106 agreement The following documents have been submitted in support of the proposals: Design & Access Statement Transport Statement T.P.O Report Loss of Industrial Land Report Location Plan Existing Elevations Existing Site Plan Proposed Site Plan Proposed Floor Plan Proposed Elevations Sheet 1 Proposed Elevations Sheet 2 Proposed Streetscene 2. Site & Surroundings 2.1. The application premises are located on the west side of Moseley Road, between Homer Street and Cromer Road. The existing food store and car park are located within the Primary Shopping Area of Balsall Heath Neighbourhood Centre as defined by the Shopping and Local Centres SPD (2012) The application site comprises Lidl food store and a number of industrial premises. The existing food store is predominantly red / buff brick construction with clay tiles. The industrial premises are corrugated iron / red brick construction with grey Page 2 of 14

3 corrugated iron roofs. The industrial premises are currently vacant, but were previously predominantly used for car storage / breakage / parts sales To the north, corner of Moseley Road / Homer Street is a Kwik-Fit garage. On the opposite side of Homer Street are 2/2.5-storey terraced dwellings. Adjoining to the south is a retail shop (577 Moseley Road), a dental surgery / health clinic (1-2 Comer Road) and 2.5-storey terraced dwellings. To the east, opposite side of Moseley Road, is a retail precinct with flats above. To the west are modern 2-storey semi-detached dwellings fronting Nursery Avenue and outdoor play space linked to Ark Tindal Primary Academy accessed from Tindal Street The surrounding area is mixed in terms of uses. Location Map Street View 3. Planning History /02796/PA - Redevelopment of site to form A1 food retail unit with associated car parking and service area Approved subject to Conditions /01584/PA - 2 internally illuminated box signs to side and front elevations Approved and Display of 7m high flag pole at site entrance Refused /02556/PA - Display of flag pole sign Approved Temporary /02220/PA - Variation of condition C9 attached to application No. C/02796/99/FUL to allow collection and delivery of goods on Sundays - Approved Temporary Variation of Condition C9, attached to application No. C/02796/99/FUL, to allow deliveries and collections of goods on Sundays or Bank Holidays Approved subject to Conditions. 4. Consultation/PP Responses 4.1. Local Councillors, Roger Godsiff M.P, Resident Associations and local occupiers notified. Site and press notices posted letters of comment (including 1 from Councillor Victoria Quinn and 1 from The Moseley Society) and 1 letter of support from a local occupier received The Moseley Society Do not object in principle, although concerned that traffic flows / congestion would be increased. The road outside the Lidl store is already heavily congested, with car traffic reduced to a single lane due to bus lanes in either direction. There is a busy junction with traffic lights and a pedestrian crossing closeby. Consultation should take place with the Highway Department to assess the impact of the new, larger store on traffic patterns, and to suggest possible mitigation measures Councillor Victoria Quinn raises an issue relating to an area of land to the rear of the application site. The land is currently City Council owned and is not part of this application. It adjoins Ark Tindal School, which has a gate which leads to this area. The land did not fall within the red-line of the Academy Transfer Order for the school Page 3 of 14

4 which was approved by Cabinet in 2011 / The school are concerned to establish what will happen to this area. A number of solutions are put forward: Disposal of the land to Lidl as part of their development site; to provide additional parking and mitigating against potential anti-social behaviour and dumping. Disposal of the land to the school; if they are able to acquire it. Combined ownership / access rights; to create a cycle-hub that could be corun by the school and Lidl, incorporating cycle storage, potential cycle hire and potential for a safe cycle lane infrastructural requirement for the Moseley Road Councillor Victoria Quinn also considers that any possible S106 levy could be linked to transportation (road safety) imperatives. In addition, any S106 resource emanating from this development would of course assist a number of plans for the area, many of which are part of the Draft Balsall Heath Neighbourhood Plan (BHNP). One of the main uses however is likely to be the development of health and wellbeing infrastructure within the area, where there are existing well developed plans established to develop a health and wellbeing corridor within the immediate vicinity in conjunction with Joseph Chamberlain College, the city health and fitness centre on this site and the surrounding green open spaces Comments sent on behalf of the managing agents for 2020 Housing Co-operative (2020 HC) who own 8 family houses in Nursery Avenue: o o o o o Light pollution - the potential impact of light pollution on their tenants should be given due weight. Security and amenity - the proposed boundary fence should be sufficiently robust and high, while not interfering visually or blocking light to tenants. Security a barrier across the entrance should be provided. In the past tenants of Nursery Avenue have been disturbed by cars/motor bikes entering the car park when the store is closed. This issue was dealt with and Lidl have ensured that the barrier is secured at night. It is requested that this remains and that suitable precautions would be in place for the new site. Delivery times - Lidl should consider the impact of deliveries on the tenants of Nursery Road. General point - Surprised to find that the application and supporting docs do not refer to residential properties in Nursery Avenue, even though their short back gardens border the site Local occupier - Homer St is a very tight one-way street with residents having parking issues and some residents park within the Oscot (industrial units) car park. It is requested that Lidl allow residents to use their car park. Some houses have two cars each and if Lidl customers park on Homer Street it would become an issue. Also, deliveries should not arrive via Homer Street letter of support from a local occupier. Page 4 of 14

5 4.9. Employment Team It is requested that employment obligations are included within the S106 agreement. This should include clauses to ensure that a minimum of 70% of vacancies are filled by residents of the Local Impact Area and a minimum of 20% of vacancies are filled by residents of the Local Impact Area that are non-employed at the point of recruitment Regulatory Services No objections in principle. The store receives one delivery per day only and all waste is returned from the store on the return journey. The current proposals would not change these arrangements opening hours / deliveries conditions are attached. It is advised that a condition should also be attached to control plant noise to safeguard the amenity of residents overlooking the proposed rear condenser units Transportation Development No objections, subject to conditions. The site is located within the primary shopping area of the Balsall Heath Neighbourhood Centre and has a good level of public transport accessibility. There is signal controlled pedestrian crossing facilities immediately fronting the site. Suggested conditions requiring: training / parking area constructed, prior to occupation, parking management strategy, cycle parking provision, delivery / service area provided, vehicular / pedestrian visibility splays provided, highway works agreement and construction method statement Severn Trent - No objections in principle, subject to the inclusion of a satisfactory drainage condition West Midlands Police No objections in principle. This development represents an updating of an existing store. The applicants should consider making a Secured By Design application West Midlands Fire Service - No objections. 5. Policy Context 5.1. NPPF (2012), Adopted UDP (2005), Birmingham Development Plan - Pre. Submission Consultation (2014), Shopping and Local Centres SPD (2012), Car Parking Guidelines SPD (2012), Loss of Industrial Land to Alternative Uses SPD (2006), Places for Living SPG (2001), Places for All SPG (2001), Tree Preservation Order (TPO 837). 6. Planning Considerations 6.1. The main considerations in the determination of this application are the principle of the development, demolition of the adjoining industrial units and associated loss of employment to enable the erection of the new enlarged food store, affect on local amenity, highways issues, the impact on the visual amenity of the area and trees protected by a T.P.O and regeneration benefits Policy context 6.3. Policy 3.8 of the Adopted UDP 2005 states that there is a need to protect and enhance what is good in the City's environment and improve what is less good. Policy 3.14 expects the design and landscaping of new developments to enhance the City s environment. Policy 3.14A-D expects new developments to be considered as part of its context and sets out the principles against which new development would be considered, including the effect on local character, scale and massing. Page 5 of 14

6 6.4. The UDP advises at paragraph 7.23 that proposals for additional retail development/redevelopment in existing centres will normally be encouraged provided the scale of the new development is appropriate to the size and function of the centre; is well integrated; has no significant adverse effect on the continued vitality/viability of an existing shopping centre as a whole; and maintains a range of shops to meet the needs of local communities. The retail policies of the UDP are in accordance with the retail policies of the NPPF The NPPF requires all new developments to be considered with the presumption in favour of sustainable development. It encourages the effective use of land by reusing previously developed land and seeks to focus significant developments in sustainable locations which can make the fullest possible use of public transport, walking and cycling. It also states that new developments that contribute to protecting and enhancing the natural, built and historic environment and help to promote competitive town centres that provide customer choice and a diverse retail offer would be supported The Shopping and Local Centres SPD (2012) seeks to encourage new investment into existing centres and to protect and enhance their vibrancy and viability. In this case, the existing food store and car park are located within the Primary Shopping Area of Balsall Heath Neighbourhood Centre. The new food store would be located within the centre. However, some of the proposed car parking spaces located within the north-west portion of the site would be located outside of the Centre boundary, on land fronting Homer Street currently occupied by industrial premises which are to be demolished under this application. In this instance, the LPA considers the site to be in centre and therefore complies with policy in principle Interpretation of policy and the need to refer the proposals onto the Secretary of State Circular 02/09 (the consultation direction) specifies the criteria for consulting the Secretary of State to give an opportunity for him to consider whether to exercise his call-in powers. Paragraph 5 specifies that, for the purposes of the Direction, development outside town centres means development which consists of or includes retail, leisure or office use, and which - (a) is to be carried out on land which is edge-of-centre, out-of-centre or out of town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out; and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is (i) (ii) 5,000 square metres or more; or Extensions or new developments of 2,500 square metres or more which, when aggregated with existing floor space, would exceed 5,000 square metres In this case, the existing and new food store would be located within the Primary Shopping Area of Balsall Heath Neighbourhood Centre. The new store would be less than 5,000sq.m (i.e. 2179sq.m). The proposals are considered policy compliant and therefore not requiring referral to DCLG Loss of Industrial Premises Page 6 of 14

7 6.11. Consent is sought to demolish the existing Lidl food store (1100sq.m) and adjoining industrial units (400sq.m) and to erect a new enlarged food store (2179sq.m). The industrial premises are run-down and currently vacant. The applicants have submitted a supporting statement addressing the loss of the industrial premises. The industrial premises are accessed from Homer Street. Homer Street predominantly comprises a relatively quiet residential street. The industrial units proposed for demolition were previously used for car storage, car dismantling and parts sales. The units are considered an unallocated non-conforming use and as such, there is no objection to their removal. Planning and Growth Strategy support the removal of the non-conforming use Draft Balsall Heath Neighbourhood Development Plan (NDP) Under the Localism Act 2011, communities are encouraged to prepare land use plans for their local neighbourhoods advocating preferred locations for development. Balsall Heath was chosen as a front runner in the Government s first wave of Neighbourhood Planning pilots, and are close to submitting a plan for validation, examination and referendum. This plan will be one of the first urban Neighbourhood Forum-led plans to be scrutinised; the majority of Neighbourhood Plans have been in rural areas and steered by Parish Councils Although the draft NDP has yet to be examined and therefore carries limited weight in respect of determining current planning applications, the Secretary of State and the Planning Inspectorate on appeal case law have made reference to draft plans in preparation, where appropriate The Balsall Heath Neighbourhood Centre features heavily in the draft NDP, both in terms of supporting and promoting the areas local centres, and in seeking to secure environmental enhancements. The proposed development of the store, together with the s106 offer, would therefore be supported by the draft NDP Impact on Local Amenity The application premises are located on the west side of Moseley Road, between Homer Street and Cromer Road. The surrounding area is mixed in terms of uses, with ambient noise levels being relatively high. Adjoining the site to the south is a retail shop (577 Moseley Road), a dental surgery / health clinic (1-2 Comer Road) and 2.5-storey terraced properties (3-8 Cromer Road). The area between the existing store and the rear gardens of the adjoining properties is currently used as a service yard for the Lidl store. Between the service yard and the adjoining rear gardens is a 2.7m high close boarded noise attenuation fence. This fence would be retained under the current proposals. Also, the service yard would be relocated to the rear of the site, adjoining the boundary with outdoor play space linked to Ark Tindal Primary Academy accessed from Tindal Street, thereby reducing the possibility of noise and disturbance to adjoining residential occupiers The proposed store would be around 3m from the south boundary, providing a fire escape pedestrian access from the store. The existing 2.7m high boundary fencing would be retained and as the proposed store would be single-storey only (approx. 4m high); it would be unlikely to be visible from ground floor windows of dwellings fronting Cromer Road. Therefore, adjoining residential occupiers would be unlikely to be affected in terms of loss of light or outlook One letter has been received on behalf of 2020 Housing Co-operative who own 8 family houses in Nursery Avenue. Between the rear gardens of these dwellings and Page 7 of 14

8 the application site is a 3m wide vacant parcel of land. They request that their tenants are not affected in terms of light pollution, loss of security or noise and disturbance. The existing industrial premises would be demolished and replaced by landscaping and car parking in this location. The site boundary would comprise Euroguard fencing and a 2m wide (min.) landscaping strip. Therefore, the occupiers of dwellings in Nursery Avenue would be unlikely to be affected in terms of light pollution, loss of security or noise and disturbance. Regulatory Services have expressed no objections, subject to opening / deliveries hours conditions and a condition to control plant noise and lighting to safeguard the amenity of nearby residents. I concur with this view and appropriate conditions attached Highway Issues The Moseley Society has expressed concern that traffic flows / congestion would be increased and local occupiers from Homer Street are concerned that parking issues could be made worse. Transportation Development has expressed no objections subject to conditions outlined above. They have stated that the site is located within the primary shopping area of the Balsall Heath Neighbourhood Centre and has a good level of public transport accessibility. I concur with this view. The new store would be located in an extremely good sustainable location. A car park management plan condition is attached which would allow the proposed car park to be used for up to 2 hours by non-customers of the store. Also, existing non-conforming industrial premises would be removed, further alleviating traffic issues and improving car parking arrangements to the new store Visual Amenity The existing food store does not adequately address Moseley Road, having a predominantly blank frontage to the street. The proposed new store would front Moseley Road. It would be located close to the back of pavement, with a projecting canopy entrance feature complying with the building line. The new store would be roughly twice the size of the current store. The Moseley Road frontage, and a portion of the return elevation to the car park, would comprise predominantly fullheight glazing. Towards the southern end of the frontage, adjoining 577 Moseley Road, a red brick framed rendered panel, would link the proposed building with that adjoining. Above the glazing / rendered panel, flat high quality metal cladding panels would be provided. The remainder of the store would also comprise red brick framed rendered panels with high quality flat metal cladding above. The store would provide opportunities for natural surveillance of Moseley Road. The materials would be good quality, with brick plinths / columns providing some link to the historic character of the area. The proposed store would provide a contemporary store, contributing to improving the character and appearance of the area Trees and Landscaping There are trees which overhang the south and west boundaries, which would not be affected by the proposals. Within the application site, there is a group of cherry trees close to Homer Street which are covered a Tree Preservation Order (TPO 837). The new soft landscaping around these trees would greatly improve the setting of the trees and would increase the available rooting area Amended plans have been received indicating that the three boundaries to the proposed car park would be bounded by a 2m (min.) landscape strip, including provision of trees to the Moseley Road frontage. My Tree and Landscape Officers have raised no objections to the proposals, subject to conditions relating to details of Page 8 of 14

9 tree protection measures, planting specifications, surfacing materials, proposed new boundary treatments and levels. I concur with this view and appropriate conditions attached S106 and Regeneration Benefits The existing Lidl food store is 1100sq.m and the proposed food store would be 2179sq.m. Extensive discussions have taken place with the applicants regarding S106 contributions. The application site is located within the heart of Balsall Heath Neighbourhood Centre (and as noted above, is covered by the draft Balsall Heath Neighbourhood Development Plan). The redevelopment of this site would provide significant regeneration benefits It would provide an opportunity to create additional jobs and wider environmental improvements and / or town centre management and / or business development within Balsall Heath or on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the Agreed Sum The existing store employs 15 full-time and 10 part-time staff. The proposed new store would employ 16 full-time and 35 part-time staff. The Employment Team has requested that employment obligations be included within a S106 agreement. This should include clauses to ensure that a minimum of 70% of vacancies are filled by residents of the Local Impact Area and a minimum of 20% of vacancies are filled by residents of the Local Impact Area that are non-employed at the point of recruitment. The applicants have agreed to this request In addition, in order to help secure environmental improvements and / or town centre management and / or business development within Balsall Heath, the applicants have agreed to pay a financial contribution of 50,000. This sum is considered fair and reasonable, taking into account the scale of the proposed development Other Issues Councillor Victoria Quinn has pointed out that the possible S106 levy could be linked to transportation (road safety) imperatives. A financial contribution of 50,000 has been offered towards environmental improvements and / or town centre management and / or business development within Balsall Heath or on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the Agreed Sum provided this has been agreed by Planning Committee Councillor Quinn has also enquired as to the possible use of a vacant strip of land located between the application site and the rear gardens of dwellings fronting Nursery Avenue. This land is currently owned by the City Council. As a result of the comments made by Councillor Quinn, the possible disposal of the land is currently being explored by the Housing Regeneration Team and will be pursued as a separate matter to this planning application. 7. Conclusion 7.1. The proposed re-development of the existing food store and adjoining industrial premises would comply with local and national policies. The proposed new food store would enhance the visual amenity of the area and would also result in the removal of the vacant non-conforming industrial units. The new store would further contribute to the vitality and viability of Balsall Heath Neighbourhood Centre, without Page 9 of 14

10 detrimentally impacting on local residential amenity or highway safety or protected trees. 8. Recommendation 8.1. That consideration of planning application 2013/09221/PA be deferred pending the completion of a suitable 106 legal agreement to secure the following : a) A financial contribution of 50,000 to be paid upon the serving of the implementation notice (index linked to construction costs from the date of the Committee resolution to the date on which payment is made) towards environmental improvements and / or town centre management and / or business development within Balsall Heath or on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the Agreed Sum provided this has been agreed by Planning Committee, b) A commitment to engage with the City Council and other agencies to enter into a local training and employment scheme for the construction and operation of the development to target the employment of local people c) payment of a monitoring and administration fee associated with the legal agreement of 1,750 be secured, 8.2 That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the appropriate agreement, 8.3 That in the event of the s106 legal agreement not being completed to the satisfaction of the Local Planning Authority on or before 20 th March 2014, that planning permission be refused for the following reason : In the absence of any suitable planning obligation to secure a financial contribution towards environmental improvements and / or town centre management and / or business development within Balsall Heath and local employment provision, that the proposed development conflicts with paragraphs , and of the adopted UDP and the NPPF. 8.4 That in the event of the above s106 agreement being completed to the satisfaction of the Local Planning Authority on or before 20 th March 2014 that favourable consideration be given to the application 2013/09221/PA subject to the conditions listed below : 1 Limits the hours of use between the hours of Monday to Saturday and on Sundays. 2 Limits delivery time of goods to or from the site outside the hours of Mondays to Saturdays and on Sundays. 3 Limits the noise levels for Plant and Machinery 4 Requires the prior submission of hard and/or soft landscape details 5 Requires the prior submission of hard surfacing materials 6 Requires the prior submission of boundary treatment details Page 10 of 14

11 7 Requires the prior submission of a landscape management plan 8 Requires the prior submission of a lighting scheme 9 Requires the prior submission of a construction method statement/management plan 10 Requires the prior submission of sample materials 11 Prevents outside storage 12 Requires the scheme to be in accordance with the listed approved plans 13 Requires a minimum 70% level of retained clear glazing along the Spring Road shop front. 14 Requires the prior submission of details for tree works 15 Requires the implementation of tree protection 16 Prevents occupation until the turning and parking area has been constructed 17 Requires the prior submission of a parking management strategy 18 Requires the provision of cycle parking prior to occupation 19 Requires the delivery and service area prior to occupation 20 Requires vehicular visibility splays to be provided 21 Requires pedestrian visibility splays to be provided 22 Requires the prior submission and completion of works for the S278/TRO Agreement 23 Limits the approval to 3 years (Full) Case Officer: Tony White Page 11 of 14

12 Photo(s) Figure 1: Existing Store Figure 2: Existing Industrial Units on Homer Road Page 12 of 14

13 Figure 3: View from Moseley Road Figure 4: View from Car Park Page 13 of 14

14 Avenue 4 1 Location Plan Police Stat 38 New Inn 508 to 514 (PH) a 41 Richmond 128.9m 39a a a 25a TCB 528 to 526 HOMER STREET 530 Garage 4 NURSERY AVENUE MOSELEY ROAD 536 Works Depot 130.1m El Sub Sta The Victoria (PH) LB m Ward Bdy CR a CROMER ROAD b 568c BRIGHTON ROAD Institute Works Works Birmingham Rathbone Training Centre Longmore House olm House 580 Garage 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 14 of 14