Land at Jennens Road, Adjacent Millennium Point, Eastside, Birmingham

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1 Committee Date: 05/02/2015 Application Number: 2014/08615/PA Accepted: 26/11/2014 Application Type: Full Planning Target Date: 25/02/2015 Ward: Nechells Land at Jennens Road, Adjacent Millennium Point, Eastside, Birmingham Erection of a building to house The Birmingham Conservatoire and associated works Applicant: Agent: Birmingham City University c/o Agent Brooke Smith Planning The Cloisters, 12 George Road, Edgbaston, Birmingham, B15 1NP Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. This application is for a building to house the Birmingham Conservatoire, following its relocation from its current site at Paradise Circus. It has been driven by the redevelopment of Paradise Circus and provides an exciting opportunity for new state of the art facilities that would link to Birmingham City University s existing campus in Eastside The proposed development would provide facilities for circa 650 students, including a replacement for the Adrian Boult Hall; a main glass foyer space open to the public; rehearsal spaces; recital rooms; teaching and administrate spaces; a music hub and a licensed bar and coffee bar. The new facility would also enable the comprehensive introduction of state of the art music technology for use by students, staff and performers The new building would provide approximately 10,746 sqm GEA of new accommodation over 7 storeys. Within this space would be several multilevel height spaces, including the entrance foyer and main performance venues. There is also an extensive roof top area that holds plant equipment required to regulate the internal spaces of the Conservatoire. The new venues created would be:- 500 seat hall (replacement for Adrian Boult Hall); 200 seat hall (replacement of recital hall); 100/150 seat flexible venue for jazz and alternative concerts; and, a series of small and flexible performance areas The proposed development comprises two key frontages, one would be a City face onto Jennens Road and the other would be a Campus face towards Millennium Point. These two frontages both have building entrances that would be connected by a tall foyer space, open to public access. Page 1 of 12

2 1.5. The south west end of the application site is proposed to be the service access end, as it is co-located with the service end of the adjacent Millennium Point building and the Birmingham Ormiston Academy, whilst the east end of the building seeks to draw people through the site and into Millennium Point The proposed building would be constructed from brick, a pale buff and a biscuit colour. The pale buff colour brick seeks to lighten the building and would be complimented by pale bronze anodised cladding and window frames. The biscuit colour brick is used to create a plinth wrapping the building at street level and vertical zips of projecting brickwork to articulate the elevations and control the windows. At high level the large parapet, screening the roof top plant, is articulated with panels of projecting brick headers lain in a Flemish bond Off-site highways works are proposed along Jennens Road, to enable the relocation of the existing bus stop and some minor alterations to the existing pavement line. These works would be secured by way of a Section 278 agreement The proposed development would not include any dedicated parking facilities on site. However disabled parking would be provided nearby at the University s Parkside and Curzon buildings and in Birmingham City Council s multi-storey car park adjacent to Millennium Point. Cycle parking provision is provided on site with 36 cycle spaces proposed along with shower and locker facilities The scheme includes a plaza to celebrate the campus entrance to the new Conservatoire. This would include raised granite planters with seating. A landscaped route along the eastern side of the building linking Jennens Road with Millennium Point is also proposed. Hard landscaping would comprise paving in a range of warm colours, light buffs and greys. A natural stone would be used to create the raised planting areas and seats. Soft landscaping would be provided to provide structure, colour and seasonal interest, this would include tree planting, structural and grass planting and perennial planting. In addition a lighting scheme has been prepared, which includes a series of lighting columns along Jennens Road, as well as wall mounted lighting and LED lights around the rest of the site The application is supported by reports covering planning, design and access, transport, noise, ground conditions community involvement and sustainability. Landscape General Arrangement View North from Millenium Point View West along Jennens Road 2. Site & Surroundings 2.1. The application site (0.4 hectares) is located north of the Millennium Point development on Jennens Road, to the north east of Birmingham City Centre. It is surrounded by education and learning facilities with Millennium Point and BCU s Parkside building to the south, Birmingham Ormiston Academy, BCU Learning Centre and Birmingham Metropolitan College to the west of the site, student accommodation for Aston University to the north and the multi storey car park for Millennium Point to the east of the site. In addition, Phase 2 BCU development is currently being constructed to the south east. Page 2 of 12

3 2.2. The site currently comprises walkways and landscaped areas including grass and water features that were constructed as part of the Millennium Point development. In addition, the site has a coach vehicle parking area that provides 6 parking spaces that are predominately used for coaches bringing visitors to the ThinkTank at Millennium Point. The site slopes down approximately 3m from a level edge along Jennens Road to the south eastern corner adjacent to the car park. Location Plan Street View 3. Planning History 3.1. There is substantial planning history for the Eastside regeneration area relating to surrounding major development schemes providing a mix of commercial and residential uses. The two most recent and relevant applications are listed below August Application 2009/01122/PA. Planning consent granted for a 7 storey multi-storey car park for 975 vehicles, coach park for 6 coaches, with drop off bays and access roads at Jennens Road/Howe Street/Cardigan Street, Eastside January Application 2009/05258/PA Planning consent granted for a 2 to 6 storey building for a performing arts and media academy and the closure of Nova Scotia Street Ormiston Academy, Grosvenor Street/Jennens Road December This application formed the subject of an Issues report to your Committee, when it was noted that:- Members welcomed the proposed relocation of the Conservatoire from Paradise Circus to Eastside and thought that is was a good location for the building. Members were keen to see good links to the City and queried the location of the proposed Metro extension to Eastside. Cycle routes around the building and links to other cycle routes were also considered important. Whilst Cllr Clancy thought the proposed building blocky and wasn t convinced by the elevations, other members liked the design and the use of brick. Cllr Straker Welds acknowledged the design limitations and that it was important that the inside of the building worked but would like to see more glazing. Cllr Peter Douglas Osborne was keen that the name of Adrian Boult be retained, whilst Cllr Griffiths queried whether there was an opportunity to highlight in some way the people who have played music there. 4. Consultation/PP Responses 4.1. BCC Transportation Development no objections subject to conditions to secure a commercial travel plan, highways agreement to secure the off-site highway works, cycle stores, completion of the delivery and service area, a construction plan and details of boundary treatments BCC Regulatory Services no objections subject to conditions to secure noise insulation; a site assessment and, if required, a remediation scheme to deal with Page 3 of 12

4 contamination; a limitation on cumulative noise from plant and machinery; and details of fume extraction equipment. In addition, this development falls in a medium category for its air quality impact and a travel plan condition should be attached West Midlands Police any lighting scheme should be installed so as to be sympathetic to the CCTV system West Midlands Fire Services no objections Centro any comments will be reported Severn Trent Water no objections subject to a drainage condition Between August and October 2014, the applicant undertook a public consultation exercise to allow public and interested third parties to view the details and draft plans of the scheme. This included creating a website page and holding two public consultation events. Whilst there was limited interest there was general support for the scheme with a number of detailed points raised:- loss of the existing coach park and drop off point that is used by groups visiting Millennium Point and the ThinkTank; the size of the site and limited external spaces around the building; problems associated with Jennens Road in terms of limited pedestrian crossings and lack of active frontages; and the relationship between the new Conservatoire and Millennium Point, both visually and environmentally, and in terms of the site boundaries As part of this application, widespread public participation is underway with nearby occupiers, residents associations, local ward councillors and the M.P. being notified. Site and Press notices have also been displayed Letter of objection from Birmingham Museums Trust commenting that the relocation of the Conservatoire is an exciting move and an opportunity for Birmingham Museums to build on strong partnerships with Birmingham City University. However, they are concerned about impact that the development would have on the Thinktank science museum, which is located at Millennium Point. The Conservatoire would occupy land currently used as the coach drop off and coach park for schools and other groups visiting Thinktank. The coach drop off and parking facility would therefore be lost entirely through the development of the Conservatoire. They therefore request the applicant to consider alternative options for coach drop off and parking arrangements for groups visiting Thinktank Letter from Philip Singleton CEO, Millennium Point commenting that:- Eastside is based on the knowledge economy and this investment in students of music adds to the rich mix of science, technology, business and built environment subjects taught in this quarter. Moreover, this relocation makes way for the Paradise redevelopment and investment to the west of the city centre. Jennens Road is a very poorly designed highway, however, a series of varied buildings has created an appropriate enclosure to the highway that has begun to give the road a proportion and enclosure. The siting of the Conservatoire continues this trend by creating a backdrop to the pavement. The form of the Page 4 of 12

5 building is subtle in that kinks occur in plan which is in response to the neighbouring buildings. The drawings tend to enable us to look at the whole scale of the building, but the experience in reality would be the openings and articulation of the façade material. Given the use of the building the major openings are concentrated to lower floors and circulation areas and more towards its eastern end. These openings reflect not only the accessible route through the base of the building from Jennens Road to Millennium Point, but also wrap around the eastern flank. The building has been positioned to create a well-protected south facing space away from Jennens Road. This is a welcome opportunity. In addition to the cross-site route via the building, the primary diagonal access to and from Millennium Point is preserved. This reflects the axial route from New Canal Street towards Aston University and beyond. The remaining issue which may be a major consideration is the extensive use of brick to all facades of the building. The Conservatoire would have large areas of brick which would be given texture and life via the clever use of headers which create lines and shadow across the facades. It appears as a cool and calm building. This approach is particularly positive as it is in the hands both of a highly experienced client and, most importantly, an architect that has built a series of award winning buildings which are most suitable to context but also of careful detailing. Signage is shown on the drawings. This is reasonably subtle; however, BCU, along with other institutions, has over-scaled its signage in recent years. This is not welcome. A building of this substance should not need to rely on over-sized signage to announce its presence and status. The landscape solution set out on the drawings perhaps may benefit from suitable conditions to ensure that the quality is maintained to reflect that of the building. 5. Policy Context 5.1. UDP 2005; Emerging Birmingham Development Plan 2031, Places for All SPG; Lighting Places SPD; Car Parking Guidelines SPD; Access for People with Disabilities SPD; Eastside Masterplan 2011, Birmingham Curzon HS2 Draft Masterplan and National Planning Policy Framework. 6. Planning Considerations Land Use Policy and Principle of Development 6.1. In December 2013 the City Council approved the Pre-submission Version of the Birmingham Development Plan (BDP). The BDP is intended to provide a long term strategy for the whole of the City and will replace the saved policies of the Birmingham Unitary Development Plan 2005, with the exception of the City Wide policies contained within Chapter 8 of that plan. These policies will continue in force until the adoption of the Council s proposed Development Management DPD. The BDP was recently considered at a Public Inquiry and the inspectors report has been received. At the moment therefore the Birmingham Unitary Development Plan is the adopted Plan for the City but weight should be given to the BDP. Page 5 of 12

6 6.2. The application site falls within the Digbeth Millennium Quarter of the City Centre as defined by the Birmingham UDP It states at paragraph 15.54A that the areas of Aston Triangle, part of the Digbeth Millennium Quarter, and the retail and commercial developments of the Bull Ring and Martineau Galleries have been brought together within a new regeneration initiative called Eastside. This will seek to integrate development within a coherent framework and extend central area functions and activities out to the Ring Road. This is likely to include a new City Centre Park, the development of a Learning Quarter and significantly enhanced pedestrian linkages The emerging BDP looks to further promote new development which supports and strengthens the distinctive character of City Centre Quarters, raising their overall quality, offer and accessibility. Specifically, for the Eastside Quarter, policy GA1.3 advises that the Council will maximise its role as an area for learning and technology realising its extensive development opportunities and the integration of any proposals for HS2 Station These aspirations were given further detail in the Eastside Masterplan (2011) which was published in draft and looked to promote Eastside as a focus for Birmingham s learning, technology and knowledge based industries. While this Masterplan is no longer being pursued by the City Council, its general aims are now set out in the Birmingham Curzon HS2 Masterplan (Draft Feb 2014). The new Masterplan promotes the city s expectation of Birmingham Curzon HS2 station as a landmark building that further strengthens a positive image for Birmingham and its economic role and seeks to ensure the station is fully integrated into the urban fabric of the City Centre, including Eastside. Education, creative enterprises and cultural development are all promoted within the Masterplan In principle, the proposed relocation of Birmingham Conservatoire is consistent with these land use planning policies and would add to the high quality educational and cultural developments in Eastside. Moreover, when the application was reported to you Committee members welcomed the proposed relocation of the Conservatoire from Paradise Circus to Eastside and thought that is was a good location for the building. Urban Design 6.6. The Birmingham Curzon HS2 Masterplan 2014 advises that there will be support for appropriate development that provides complementary development activities and an improved presence and setting for Millennium Point onto Jennens Road. There is potential to improve pedestrian connections with Aston University by reducing the impact of the wide highway and creating a new pedestrian focussed plaza on Jennens Road. In detail Plans 11 and 12 note:- this site as a potential development site; active frontages along Jennens Road and both sides; a new public space/square between the site and Millennium Point; and, improved pedestrian linkages from Aston University across Jennens Road via new shared surface crossing, through to Millennium Point The design of the building has largely been driven by practical issues relating to the delivery of such a specialist facility. In particular the site needs to provide the same level of performance, practice and associated accommodation as the existing Conservatoire building. Providing the necessary noise attenuated performance and Page 6 of 12

7 practice spaces has been a key driver in the design of the building, and has dictated much of the external appearance of the proposed Conservatoire. It has also dictated the use of brick, which has a greater acoustic mass than glazing for example. This challenge and the practicalities of the internal space required, mean that the building can only include somewhat limited fenestration. This has therefore required the project architects to introduce a series of creative design cues within the elevations to add interest and accents to the elevations of the building. Also key to the site is the delivery of public routes from Jennens Road to Millennium Point and how these routes link to the wider area At pre-application stage an earlier version of the scheme was presented to the City s Design Review Panel, when a number of concerns were raised about the footprint of the building interrupting the direct pedestrian route between Aston University and Millennium Point; the need to make the external route around the eastern end of the building safer and more inviting; making more of the Jennens Road frontage entrance and generally maximising the size of windows where possible; minimising the parapet height making its profile more interesting; and giving careful consideration to how the building and adjacent public spaces would be lit The applicant has sought to address these points in the submitted scheme. The route linking Jennens Road and Millennium Point has been made more legible and glazing incorporated within the end elevation of the proposed building to provide natural surveillance. Additional glazing has been introduced and the window arrangement rationalised, and greater articulation has been given to the brickwork. The applicant has also developed a lighting scheme for the building I note the comments made by some Planning Committee members when the application was considered as an Issues Report. Through the pre-application process amendments have already been made to the design of the scheme to make it less blocky and to increase the amount of glazing. Given the specialist nature of the use and the need to ensure that it provides the necessary noise attenuated performance and practice spaces, then I consider that the architect has satisfactorily articulated the elevations and maximised the amount of glazing. Safeguarding conditions are attached to secure details of materials and a lighting scheme. Key to the success of the building will be the type, colour and texture of the brickwork, including jointing and mortar detail The applicant has been made aware of your Committee s comments in relation to keeping the name Adrian Boult and whether there is scope to highlight in some way the people who have played music there Due to the type of landscape / public realm proposed the quality will come down to the detail and delivery. My Landscape officer is not convinced that the current layout is the best solution. I therefore attach conditions to secure hard and soft landscape works details, together with details of earthworks, boundary treatments and landscape management As part of the Eastside Sustainability Biodiversity Strategy and associated documents there is an expectation that new developments in this area would include green or brown roofs. The potential for a green / brown roof is extremely limited due to the extensive nature of the plant required for the operation of the Conservatoire. However, a green roof is proposed on the cycle store. Transportation Issues Page 7 of 12

8 6.14. The site is extremely sustainable, being located within the city centre in close proximity to a number of public transport links and within walking distance of a wide range of services. Additionally the site is located within a short walk from Eastside City Park, a significant area of public open space When the Issues report was considered by your Committee, members were of the view that there needed to be good links to the City and that provision should be made for cyclists. The Birmingham Curzon HS2 Masterplan seeks to enhance the overall attractiveness of public transport, improving walking and cycling routes. In particular, funding has been given to the new Metro line extension, which will include stops at Moor Street and New Canal Street to serve Eastside and the HS2 station close to Curzon Street. Jennens Road is also identified as a Sprint bus route BCC Transportation Development have commented that there is ample space within the nearby BCC public car park and other car parking facilities in the area that are available for use and current demand would allow for the peak use when various recital halls are in use. Highway alterations are proposed with removal of the deceleration lane that leads into the shared servicing areas at the back of Millennium Point and Ormiston Academy. This would provide a wider footway and improved area for an existing bus stop to be relocated and would assist in allowing taxis/mini buses/coaches to drop-off and pick-up for short limited periods. A recommended by BCC Transportation Development conditions are attached to secure a commercial travel plan, highways agreement to secure the off-site highway works, cycle stores, completion of the delivery and service area, a construction plan and details of boundary treatments The proposed scheme would result in the loss of 6 off-street coach parking spaces adjacent to Jennens Road. These spaces are predominately used by coaches dropping off visitors to ThinkTank at Millennium Point. The relocated Conservatoire facility is proposed on a site currently used as a coach parking area for Millennium Point. The coach parking area is not a formal requirement of any planning condition from the Millennium Point development so there can be no formal consideration in this application for the re-provision of this facility Whilst not within the applicants remit to provide an alternative coach parking facility, they consider that the most appropriate and achievable solution would be the provision of a coach drop-off / pick-up point on one of the routes along the periphery of Millennium Point. This could be provided on Curzon Street, Cardigan or potentially on Jennens Road, all of which would allow for a safe pedestrian route into the site. Once coaches have dropped off passengers they could use the existing coach parking facilities located on Brewery Street, a paid vehicle park operated by the Council about 2.4km away BCC Transportation Development have confirmed that there may be the ability for coaches to drop-off and pick-up on Curzon Street or in the bus stop area fronting this site, but would have to long stay elsewhere such as the BCC Brewery Street coach and lorry park, where there is plenty of capacity. Planning Obligations The City Council has aspirations to downgrade Jennens Road to single carriageway which would create much more space for pedestrians and significant potential for streetscape improvements. This should provide opportunities for landscaping and a relocated pedestrian crossing to reinforce the Aston University Millennium Point route. Page 8 of 12

9 6.21. In addition to any necessary off-site highway improvements (secured via a Section 278 Highways Agreement), I am of the view that it is necessary for the proposed development to contribute to the City Council s Wayfinding Initiative, given the significant number of pupils/staff and visitors to the new venue. The applicants have agreed a contribution of 50,000 which I consider is acceptable. 7. Conclusion 7.1. The principle of relocating the Conservatoire from Paradise Circus to Eastside is consistent with land use planning policy and is welcomed as another significant investment for the city. Taking into account the special requirements for the building, the design is to a high standard and responds to its siting. The building is in a highly accessible location with planned metro stops nearby. I therefore consider that the application is acceptable subject to safeguarding conditions and completion of a planning agreement to secure a financial contribution to public realm improvements and Wayfinding. 8. Recommendation 8.1. That consideration of application 2014/08615/PA be deferred pending the completion of a planning obligation to secure the following: i) a financial contribution of 50,000 toward Wayfinding to be index linked from the date of this committee resolution and paid upon commencement of development; and ii) a financial contribution of 1,250 for administration and monitoring to be paid upon completion of the legal agreement In the absence of the planning obligation being completed to the satisfaction of the Local Planning Authority by the 24 February 2015, planning permission be refused for the following reason: i) In the absence of a legal agreement to secure financial contributions to wayfinding signage in the City, the proposal conflicts with Policies of the adopted Unitary Development Plan That the Director of Legal and Democratic Services be authorised to prepare, complete and seal the appropriate planning obligation via a unilateral undertaking or an agreement under section 106 of the Town and Country Planning Act That in the event of the planning obligation being completed to the satisfaction of the Local Planning Authority by the 24 February 2015, favourable consideration be given to this application, subject to the conditions listed below: 1 Requires the prior submission of a contamination remediation scheme 2 Requires the prior submission of a contaminated land verification report 3 Requires the prior submission of a drainage scheme 4 Limits the noise levels for Plant and Machinery Page 9 of 12

10 5 Requires the prior submission of extraction and odour control details 6 Requires the prior submission of scheme of noise insultation 7 Requires the prior submission of hard and/or soft landscape details 8 Requires the prior submission of earthworks details 9 Requires the prior submission of boundary treatment details 10 Requires the prior submission of a landscape management plan 11 Requires the prior submission of a construction method statement/management plan 12 Requires the prior submission of sample materials 13 Requires the scheme to be in accordance with the listed approved plans 14 Requires the prior submission of a CCTV scheme 15 Requires the prior submission of sample brickwork 16 Removes PD rights for telecom equipment 17 Requires the prior submission of a commercial travel plan 18 Requires the delivery and service area prior to occupation 19 Requires the prior submission of cycle storage details 20 Requires the prior submission and completion of works for the S278/TRO Agreement 21 Requires the prior submission of a lighting scheme 22 Requires the prior submission of level details 23 Prior to the first occupation/use of the Conservatoire, the existing Signature freestanding advertisement located on the north east corner of the application site, shall be completely removed. 24 Limits the approval to 3 years (Full) Case Officer: David Wells Page 10 of 12

11 Photo(s) View from across Jennens Road View towards Millennium Point 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