Land off Kyles Way, Bartley Green, Birmingham, B32 4JW

Transcription

1 Committee Date: 02/10/2014 Application Number: 2014/04621/PA Accepted: 27/06/2014 Application Type: Full Planning Target Date: 26/09/2014 Ward: Bartley Green Land off Kyles Way, Bartley Green, Birmingham, B32 4JW Development of 2 two-storey residential blocks each containing 16 supported living apartments (Use Class C3), 1 single storey 10-bedroom Higher Complex Care unit (Use Class C2) and 18 dwellings (Use Class C3), together with associated access road via Kyles Way, parking and landscaping Applicant: Agent: Recommendation Approve Subject To Conditions HB Community Solutions Living Ltd My Buro, 20 Market Street, Altrincham, WA14 1PF Peter Brett Associates Oxford Place, 61 Oxford Street, Manchester, M1 6EQ 1. Proposal 1.1. This application seeks planning permission for the erection of 2 no. two-storey residential blocks each containing 16 supported living apartments, a single storey 10-bedroom Higher Complex Care (HCC) unit and 18 no. 2 storey houses The 2no. supported living blocks would be sited around the centre of the site, each containing 16 no. apartments, including two different flat-types. The accommodation within the smaller units would comprise of an open plan kitchen/lounge/dining area, single bedroom, shower room and store. The 2 nd (larger) units would have a similar open plan arrangement but with a double bedroom and a wet room The units would be accessed off a shared central corridor, with entrance points at the front and sides of the block. The ground floor units on the rear of the building would also have double doors onto small patio areas, with amenity space beyond. Accommodation would also be provided for support staff, including office space and an overnight facility. A central lift would be provided between floors A centrally located car park would provide 16 no. parking spaces, including 2 no. for people with disabilities 1.5. The HCC unit would be located at the north end of the site. It would be a single storey building, set within landscaped grounds. These grounds would include an enclosed 895sqm sensory garden, beyond which an existing open area would be maintained, extending up to the Wychbury Road frontage Accommodation within the unit would comprise of 10 no. en-suite bedrooms (including 1 no. accessible unit), 2 no. communal lounges, dining room, kitchen, Page 1 of 16

2 therapy room, staff office and restroom, accessible shower/bath/wc and laundry room A parking area for 6 no. cars (including 2 no. disabled spaces) would be located adjacent to the main entrance to the building on the east side of the site The HCC and supported living blocks would sit within enclosed communal gardens. In addition, the site would contain a 2,577sqm area of open space on its south-west side. This would incorporate a managed garden and woodland area (which is the subject of a Tree Preservation Order) for public use The HCC and supported living accommodation would be occupied by adults with a combination of disabilities, including autism. Supporting information has been provided, which outlines the specialist work undertaken by the applicant/developer in providing accommodation for vulnerable adults, including those with learning and physical disabilities and acquired brain injuries The proposed 18 no. dwellings would be for sale on the open market, and their occupation would not be associated with the supported accommodation use. They would be 3 bedroomed properties, with the majority being semi-detached (with one terrace of 3). They would be sited at the southern end of the site, with an L-shaped layout around a turning head Accommodation would comprise: At ground floor dining room, kitchen, lounge and WC; At 1 st floor 2 double bedrooms, 1 single bedroom, and bathroom Bedrooms sizes would comply with the guidance in Places for Living Each house would have 200% in-curtilage, frontage parking. Garden sizes would be in excess of the 70sqm advocated in Places for Living with the exception of Plot 4, being 59sqm) All the buildings would be of brick construction, with tiled roofs. Contrasting brickwork would be used to highlight projecting gables on the supported living blocks/hcc unit, with reconstituted stone feature cills and lintels to all units Access to the development would be from Kyles Way, to be formed as an extension to an existing cul-de-sac (which currently terminates at the southern boundary to the site). At the northern end, an existing vehicular route would be retained from Wychbury Road to serve the adjacent allotments site (to the east) and provide for a secondary access point to the site to be gated, for emergency use only At present, allowance has been made for a pedestrian link across the site between Kyles Way and Wychbury Road, but this is the subject of an ongoing discussion between the developer and local residents The layout has been designed to retain existing trees as far as possible, including a belt of mature specimens along the western boundary and an area of woodland (to be thinned) in the south-west corner. However, the proposal would necessitate the removal of 16 no. individual trees and 13 small groups, where buildings are proposed. All except one a Category B Common Ash - are identified as Category C on the submitted Arboricultural Survey. The removals include a group of 6 no. ash trees, which are the subject of a Tree Preservation Order (which also covers the Page 2 of 16

3 woodland area and other specimens shown as retained). A Landscape Strategy has been submitted in support of the application, which indicates 36 replacement/additional trees Site Area ha The application has been supported by a Planning, Design and Access Statement, Phase 1 habitat survey, Arboricultural Impact Assessment and Flood Risk Assessment A screening opinion has been undertaken, which concluded that there is no requirement for an Environmental Impact Assessment in this instance. Site Layout Plan Higher Complex Care Elevations House Elevations/Layouts Supported Living Elevations 2. Site & Surroundings 2.1. The site is located on former allotment gardens that were declared surplus following consultation with the Secretary of State in July 2001 and have since remained fallow and without an active use The site slopes downwards from east to west, with existing properties on the south side set lower. The site includes trees subject to a TPO. An electricity line runs across the western part of the site and there are two pylon structures within the site boundary There is a linear pedestrian route immediately adjacent to the northwest boundary of the site, enclosed by mature trees and bushes. Beyond this is Kitwell Primary School and the Pembridge Close Housing Estate. To the south of the site is the small estate of Kyles Way with 24 houses, affording access onto Balmoral Road. To the east of the site is an area of retained allotments which have vehicular access from Wychbury Road. Residential areas are to the south and east of the allotments (Kintore Croft and Windsor View). To the north of the site is Wychbury Road and residential beyond. Site Location Street View 3. Planning History th March PA No. 2003/07274/PA. Erection of 2.4m high metal palisade perimeter fencing approved. 4. Consultation/PP Responses Page 3 of 16

4 Consultations 4.1. Transportation No objection subject to conditions in respect of cycle storage, pedestrian visibility, pedestrian drops within footways and construction of access/footway crossings to City specification at applicant s expense Drainage have reviewed the Flood Risk Assessment and believe that it covers all the issues required. Would like to see details of the proposed drainage and SUDS scheme (can be secured through condition) Local Services there are no public open space requirements due to the nature of the secure unit, transient nature of the flats tenancies and the number of houses. The allotment site was declared surplus some time ago. The land may be considered as open space (since no longer allotments), but the future beneficial use of the site and retention of woodland areas is considered to adequately compensate for the loss. Any further requirement would be likely to make the scheme unviable. Future responsibility for the woodland/gardens should remain with the developer. Would like to see a new fence on the entire allotment boundary Parks and Nature Conservation (Allotments) consultation in 2005 identified a lack of demand and this section of the allotments was fenced off to facilitate disposal. 25% of capital receipt from sale of land is to be re-invested in this/other local allotment Environment Agency a Flood Risk Assessment has been submitted. General advice is provided in respect of sustainable surface water management and consultation with local land drainage section recommended West Midlands Fire Service no objection, subject to adequate provision for pumping appliance access West Midlands Police no objections 4.8. National Grid no comments received Severn Trent no objection subject to drainage condition Wildlife Trust for Birmingham and the Black Country the development is located very close to Bromwich Wood Local Nature Reserve/Site of Interest for Nature Conservation (SINC) and Bartley Green Reservoir SINC. Ecology report s recommendations regarding use of native planting should be more closely followed. Proposals should also include bird/bat boxes. A Management Plan is required, detailing the long-term strategy for protecting important habitats and improving the site for local wildlife. Public Participation Adjacent occupiers, Councillors, MP and residents associations notified and site/press notices posted Objection received from Councillor Bruce Lines (also on behalf of Councillor Vivienne Barton and Councillor John Lines, outlining concerns expressed at a recent public meeting (attended by 50+ residents and 3 local councillors), as follows: Page 4 of 16

5 - There should have been more extensive consultation in reflection of the size of development and nature of use, prior to the sale of the land by the City Council; - Kyles Way is a narrow cul-de-sac, with restricted width at junction. Massive increases in vehicle numbers will create vehicle/pedestrian safety concerns (confirmed by the District Engineer); - Detrimental impact on residents surrounding the site, particularly those in Kyles Way; - A commitment was given by the developer to investigate alternative access (although concerns expressed about delays this would cause). Local Councillors would like their objection recorded and request an alternative entrance from Balmoral Road be incorporated into the plans no. additional letters of objection have been received, including 2 representations submitted through Gisela Stuart M.P. Concerns are as follows: - Inappropriate location for large properties; - Loss of existing view; - Insufficient information provided (particularly about nature/use of units/occupants) and inaccuracies (including the assertion that there is an existing pedestrian route from the site onto Kyles Way); - Access should not be provided from Kyles Way. Will change character/dynamics of area. Kyles Way is currently a quiet cul-de-sac where children can play safely; - Will change existing living environment. Will have long term psychological effects on local community; - Kyles Way cannot take this volume of traffic Access will create traffic chaos and disturbance to residents (during and after construction); - Impact on safety of school children as a result of Wychbury Road entrance; - Will result in loss of on-street visitor parking at end of cul-de-sac; - Impact on property values; - Reduced security; - Opening up site and allowing public access will result in problems experienced in the past, including congregating youths, dumping and fires; - This type of accommodation inappropriate next to a school for safety reasons; - Impact on safety of vulnerable residents including single women; - Development will spoil the natural beauty of the countryside One letter of comment received, querying boundary treatment. Page 5 of 16

6 5. Policy Context 5.1. UDP 2005; Draft Birmingham Development Plan; TPO 1435; Wychbury Road Allotments; Places for Living SPG; Affordable Housing SPG; Public Open Space and New Residential Development SPD; Car Parking Guidelines SPD; Specific Needs Residential Uses SPG; Mature Suburbs SPD; Birmingham Nature Conservation Strategy; 45 Degree Code SPG; NPPF. 6. Planning Considerations Policy Context 6.1. The NPPF includes a presumption in favour of sustainable development, requiring consideration of economic, social and environmental matters. It encourages the reuse of previously developed land, requires that full advantage should be taken of sustainable locations (with access to public transport, walking and cycling) and refers to the promotion of a wide choice of high quality homes, and the need for high quality design Paragraph 74 of the NPPF states that existing open space, sports and recreational facilities should not be built on unless it is clearly demonstrated that they are surplus to requirements, their loss would be replaced by equivalent/better provision, or the needs for development with alternative provision clearly outweighs the loss The UDP (at paragraph 5.7) identifies that the aim of the City s Housing policy is to contribute to the strategy for urban regeneration and economic revitalisation of the City and the provision of new housing is a key element. Paragraph 5.20 identifies that the City Council will take measures to maintain and protect existing good quality residential environments. Proposals for new residential developments should be carefully designed, so that they do not detract from the existing character of the surrounding area A range of dwelling sizes/types is encouraged (at paragraph 5.38). The overriding consideration is that the City must be able to provide/maintain good quality housing which incorporates accommodation of all sizes/types in an attractive and safe environment (para 5.40) Paragraph 3.53B identifies that new residential developments generate a need for public open space and play facilities. Paragraph 5.20C states that on sites of 20 dwellings or more, provision of public open space will normally be required, either on-site in the form of a commuted sum Paragraphs 5.37 (A-G) relate to the requirement for the provision of affordable housing on schemes of 25 units or more (to be secured through a S106 agreement), and this policy is reflected/expanded upon in the adopted City s Affordable Housing SPG (with the threshold for application of the policy reduced 15 units) UDP Environmental Policies resist proposals that would have an adverse effect on the quality of the built environment, advising that new developments will be expected to contribute, in terms of their design and landscaping, to the enhancement of the City s environment. Page 6 of 16

7 6.8. Policies 3.14 A-E of the UDP relate to the design of new development, the key principles for consideration being: - impact on local character, - scale and design of new buildings and spaces (to respect the surrounding area), - the need for free, easy and safe movement, and importance of links, - the encouragement of mixed uses in centres and areas where they can contribute towards meeting an identified local need, - creation of safe, pleasant and legible places, - the requirement for integral landscaping, - retention of trees and new tree planting Policy 3.16A emphasises the importance of landscaping and provides a commitment to tree protection Paragraph 3.37 recognises the importance of safeguarding/enhancing the natural environment, through both the protection of existing areas of nature conservation of value and measures to improve diversity/quality of wildlife habitats. Paragraph 3.38 states that schemes including reclamation of derelict land and new developments, particularly those on open land, will be expected to respect and where possible enhance the local environment, for example through the retention of existing trees and through planting/landscaping schemes, using native species where appropriate with the objective of maximising wildlife value Policy 3.57 provides guidance for consideration of proposals that would result in the loss of allotments. It emphasises the importance of allotments as a much needed facility and states that they will continue to be protected. Planning permission will not be granted for the redevelopment of allotments simply because they have fallen out of use and become derelict. Where it can be demonstrated that the demand for allotments has fallen, consideration will be given to alternative uses for surplus allotments Policy 3.57 identifies preferable uses as alternative recreational, nature conservation or horticultural uses. However, if in exceptional circumstances planning permission is granted for other forms of development on part of the site this will be subject to the provision of an appropriate, equivalent, long-term recreational community benefit Policies 8.28 and 8.29 of the UDP relate to residential care homes. Consideration is to be given to impact on residential amenity, cumulative impact, impact on the safety and free-flow of traffic in the adjoining highway, adequacy of access/parking provision, and provision of outdoor amenity space Specific Needs Residential Uses SPG includes guidance on assessing proposals for residential care and nursing homes and reflects the considerations contained in policies 8.28 and 8.29 of the UDP Places for Living encourages good quality accommodation in attractive environments. It contains a series of urban design principles and makes reference to minimum design and amenity standards. Particular emphasis is given to assessing context and responding positively to local character Places for All also emphasises the importance of good design, high quality environments, again with an emphasis on context. Page 7 of 16

8 6.17. Public Open Space in New Residential Developments SPD seeks to ensure adequate public open space, children s play and sports facilities are provided to serve all new residential development in the City, and expands upon the UDP policies referred to above Mature Suburbs SPD relates to the development of infill plots and backland areas. It recognises that, whilst this form of development can have positive benefits through increasing housing stock and leading to more efficient use of land, it can also have a significant impact on local distinctiveness by the erosion of the unique character of an area. It is considered essential that such developments should be appropriate in their design and all other respects such that they make a positive contribution to the environment within which they are located. Principle of Development The application site is currently vacant/overgrown, but previously formed part of the Wychbury Road allotments site, the remainder of which remains in active use The City s Property Services team has provided background information in respect of the proposed disposal of this land. This section of the allotment site was declared surplus in July 2001 following consultation with the Secretary of State in accordance with the requirements of the Allotments Act The City s Allotments Officer has provided further, updated information, as follows. A consultation exercise was undertaken and a subsequent Briefing Note taken to the Alllotments Working Party in February This identified a lack of demand for the allotments at that time and it was proposed that the area (the subject of this application) be declared surplus and taken out of allotment use The residual area of the allotments site was fenced off at this point, to facilitate the disposal, with an expectation that 25% of the capital receipt from the subsequent sale of the land would go to the Allotments Service for investment back into the Wychbury Road or other allotments in the area. The remaining site is currently around 80% occupied, with regular interest shown locally and, as such, there are no plans for any further rationalisation UDP policy identifies recreational, nature conservation or horiticultural uses as preferable alternatives should it be demonstrated that allotments are surplus to requirement. The proposed development is predominantly residential. However, the layout shows the retention of a substantial area (2,577sqm) of open space/woodland, to be maintained by the developer for public use (to be secured by condition). In addition, the developer contends that exceptional circumstances exist in that there is a need for this type of specialist accommodation and that the proposal accords with the Government s imperative to boost the supply of housing to meet local needs. As such, I am satisfied that that the proposal accords with policy in demonstrating that this area is surplus to requirements for allotment use and that the disposal of the land for the proposed purposes would secure an appropriate community benefit through the allocation of monies to enhance the retained allotment facility as part of this rationalisation process My Local Services colleagues raise no objection to the proposal, being satisfied that the allotments are surplus to requirements. They advise that if the site was to be considered as open space (having fallen out of allotment use), they are satisfied that the retention of the woodland area would adequately compensate for the loss. Page 8 of 16

9 Residential Development The proposed residential development of the site is considered acceptable in principle, as the site is in a sustainable location and predominantly residential area, close to local facilities and public transport links Both local and national policy support the provision of a variety of residential accommodation of different sizes and types. The applicant specialises in the provision of facilities for vulnerable adults (as outlined previously), with the level of support required by individuals reflected in the nature of the accommodation/living environment provided The proposal is for 32 no. supported living apartments and 10 no. Higher Complex Care units, the latter having an increased element of communal facilities and staff presence. In addition, the development would include 18 no. two-storey dwellinghouses for sale on the open market. This element of the development, the applicant advises, is necessary to support the overall viability of the scheme. Layout/Proposed Residential Environment The proposed scheme has been developed in consultation with City Council Officers. There are a number of significant constraints on the development of this site, which have impacted on the potential layout. These include existing services crossing the centre of the site and the requirement to retain existing natural features, including protected trees The existence of an underground high voltage cable (running north-west/south-east) has dictated the line of the main access road across the site. In addition, a power line crosses the west side of the site (under which there can be no construction). Beyond this is an area of woodland, also inappropriate for development Conversely, opportunities are offered through the immediate proximity of the retained allotments to the east, and the existence of a pedestrian route along the entire western boundary, alongside which runs a mature tree belt providing a natural screen to existing development (including the local primary school) beyond In reflection of this, the units have been concentrated around the access route and orientated, where possible, with main windows facing towards the allotments and other open spaces I note residents concerns regarding loss of outlook and impact on the existing residential environment. However, the proposals acknowledge the requirements of Places for Living SPG with regards to distance separation, with a minimum of 21m provided between facing habitable room windows. The rear gardens of the proposed new houses at the southern end of the site would have 12.5m long, sloping gardens. Sections have been provided to show the relationship of these units to the rear of existing properties beyond this boundary, which are set lower. The change in levels is approximately 1m between the rears of the existing/proposed houses, with the fence-line between the gardens being broadly level. I am satisfied that the proposed intervening 2m fence at this point and potential planted screen would adequately secure the privacy of the existing residents There is an existing side facing window at 19 Kyles Way (immediately adjacent to the site boundary to the south east). The proposed layout shows new houses to be Page 9 of 16

10 constructed as a continuation of the existing building line on Kyles Way at this point. As such, this side window would face towards the gable wall of a new property. However, it is a secondary source of light and does not serve a habitable room and, as such this arrangement is considered acceptable. The proposal complies with the 45 Degree Code with regards to the main front/rear windows of existing properties and, as such, there would be no unacceptable impact on light/outlook The supported living units and Higher Complex Living accommodation would be set within enclosed landscaped grounds, equating to 89.5sqm per resident for HHC and 72sqm for the apartments. The garden sizes for the houses would comply with Places for Living, with the exception of Plot 4, at 59sqm (11sqm short of your Places for Living guidance). As the house faces directly over the retained allotments, it would borrow considerable visual amenity from that open, green area, and as such I consider the occupiers would have a reasonable residential amenity, in conjunction with the retained woodland nearby The proposed buildings would be of a simple design, with a consistent approach across the site. The surrounding area has a very mixed character. These properties would most closely reflect those existing on Wychbury Road. However, there is no direct relationship as very little of the development would be visible from the street (an open frontage being maintained on this side). As such, I am satisfied that the proposals would sit comfortably within these surrounding and would have no adverse impact on the local distinctiveness of the surrounding area. Trees The layout has been designed to retain existing trees as far as possible, including a belt of mature specimens along the western boundary and an area of woodland in the south-west corner (parts of which are the subject of a Tree Preservation Order). However, the proposal would necessitate the removal of 16 no. individual trees and 13 small groups, including 6 no. Common Ash protected trees My Tree Officer has provided advice throughout the development of this proposal The need to remove some of the more centrally located trees has been recognised and accepted, on balance, as these would otherwise preclude any significant development across the site, and because they generally fall within Category C and are of limited amenity value However, the proposals would also result in the loss of a group of 6 no. Ash trees at the north end of the site. These are protected by a Tree Preservation Order and the largest is classified as a Category B specimen. The removal of these, whilst regrettable, is again accepted as unavoidable. The narrow width of the site at this point means that their retention would effectively sterilise another significant area. This creates a difficulty for the applicant in developing a viable scheme, with large portions of the site already set aside for no development (including the 2,577sqm woodland) A Landscape Strategy has been submitted in support of the application, which indicates 36 replacement/additional trees. This would be strategy developed further in consultation with Tree and Landscape Officers (a requirement to be secured through the imposition of an appropriate condition). Ecology Page 10 of 16

11 6.41. An Ecological Appraisal has been submitted and my Ecologist has provided the following advice. The site was originally set out for allotment use but has never been cultivated. There is a developing planted woodland belt along the western margin, retained allotment gardens to the east and residential properties to the south. The site has been colonised by unmanaged neutral grassland. There are occasional selfset seedling trees mainly of Silver Birch, Hawthorn, Ash and Oak. The western boundary contains trees that are some age and probably date back to an earlier field system. The broader woodland is the result of later planting; the canopy trees within this comprise a mix of constant and abundant semi-mature specimens The site and the immediate surrounding area were assessed for badger activity, but none was found. The trees were assessed for potential use by bat species, and it was considered that three of the mature trees did hold potential. One of these (an Ash) is due to be removed as part of the development, with the others to be retained. Recommendations for how this removal should take place are set out in the ecological report There are a number of features that have been identified as being of potential use to hedgehogs as both foraging and sheltering habitat, especially the wooded margins which are to be retained. A number of bird species were recorded during the survey. Most of these will be using the site as a foraging ground, again mainly associated with the woodland area The Landscape Plan submitted in support of the application shows the intention to retain the majority of the trees and woodland on site and to enhance these areas with either woodland edge planting and native hedgerows, with a few small areas of wildflower lawn incorporated into the design to improve the diversity of the remaining open areas. My Ecologist has provided detailed advice in respect of possible amendments to the landscape proposals, which I consider can be suitably secured through the imposition of conditions My Ecologist concludes that overall there are few ecological constraints to developing this site, and recommendations to overcome these/provide enhancements for the site are set out in the submitted Ecology Report. A condition is recommended to require the submission and implementation of an Ecological Enhancement Strategy, to include information in respect of the location, numbers and types of nesting box/ roost box used and timings for works and management prescription for ecological / biodiversity features. Affordable Housing/Public Open Space In addition to the Higher Complex Care unit, the proposal would provide for 32 no. supported living apartments and 18 no. houses. The City s Affordable Housing policy is applicable to developments of 15 units and above. The planning application does not include any formal affordable housing provision, for the reasons outlined below The proposed apartments are intended to promote independent living and, as such, broadly reflect any other Class C3 apartment in their layout (albeit with an element of support). However, they would be operated by the applicant as specialist accommodation for adults with a combination of disabilities Given the specialist nature of this (and the HCC unit), the applicant argues that the proposals fall outside the normal interpretation and scope of the Council s affordable housing policy, since the development is designed to meet the specific requirements of this section of the community who at present struggle to find suitable Page 11 of 16

12 accommodation which caters for their needs. Whilst not falling within the standard definition of affordable housing as set out in the National Planning Policy Framework (NPPF), the applicant contends that supported living accommodation is affordable in nature given that the rents are derived from housing benefits with exempt status and the buildings are managed by Inclusion Housing, a Registered Provider. The HCC block is a C2 Use Class and, as such, falls outside the scope of affordable housing contributions The remaining 18 no. houses would be for sale on the open market and would not form part of the developer s specialist facilities. The applicant s supporting statement advises that the proposed open market dwellings are required to improve the viability of the development, thereby assisting in the delivery of the wider supported living and HCC schemes. If the Affordable Housing policy was to be applied in respect of these, the scheme would no longer be viable. As such, an argument is made that the affordable housing requirement is negated and off-set by the provision of 32 supported living apartments and a 10 bedroom HCC unit, which represent high quality specialist accommodation, the provision of which outweighs the need for any of the 18 dwellings to be secured as affordable housing In the light of the above, I consider that it would be appropriate in this instance to waive any requirement for affordable provision. However, it would necessary to apply appropriate conditions to ensure the on-going use of the accommodation as a specialist facility and that the 18 no. houses could not be built/occupied independently without the delivery of the wider scheme The City s policy in respect of the provision of public open space would not generally be applied to the provision of specialist accommodation. The 18 no. house when considered in isolation would not trigger the requirement for additional provision (the threshold being 20 units). However, the proposal would provide for an area of 2,577sqm public open space at the south-west corner of the site. This would be provided and maintained by the applicant, in accordance with an agreed management plan (to be secured by condition) Your Local Services Officers have raised no objection, advising that there are no public open space requirements due to the nature of the secure unit, transient nature of the flats tenancies and the number of houses. Transportation The main access to the site would be formed as an extension to Kyles Way (currently a cul-de-sac). This has generated concerns for local residents who believe that the existing road is unsuitable for additional traffic and, as such, the development would cause traffic chaos, disturbance, parking problems and an unsafe environment for children Your Transportation Officer has raised no objections, subject to the imposition of conditions. The proposed level of parking provision for all elements of the development accords with the recommendations of the City s Car Parking Guidelines SPD. It is noted that the supported accommodation is to be for vulnerable adults with a range of disabilities, who are unlikely to be able to drive. As such, vehicle movements and parking demand will be generated only by staff and occasional visitors and there is unlikely to be any overspill parking While some additional traffic would be generated by the development, it is not considered that this will be of a level significant to warrant concern. Notwithstanding Page 12 of 16

13 this, I recommend that a condition be attached requiring the submission and implementation of a construction management plan, to protect the amenity of residents as far as possible during the construction process (with potential to utilise the Wychbury Road access at this time). Other Local Objections Residents have raised concerns regarding the potential occupants of the specialist accommodation and the resulting risk to vulnerable people, including school children. Whilst this not strictly a planning matter, the applicant has provided information about the nature of the proposed accommodation, its management and the likely residents Residents are also concerned about reduced security and potential anti-social behaviour. However, the site is currently unused and has very little surveillance. As such, I consider that a residential development with enclosed gardens and active street frontages would actually potentially enhance security Impact on property values is not a material planning consideration. Other Issues Drainage conditions are recommended in accordance with the requirements of Severn Trent and the Environment Agency. National Grid has been notified of the proposal (in the light of the electricity line crossing the site), but no comments have been received. My Education Officer has no comments or objections. 7. Conclusion 7.1. Whilst the proposal would result in the loss of former allotments land, I am satisfied that the relevant policy requirements have been met in demonstrating that the land is surplus to requirements, and in securing appropriate community benefit through the retention of an open area of woodland for public use and securing funding for enhancements to the retained allotment facility The proposed use accords with policy in providing a variety of residential units (including specialist accommodation) in a sustainable location I consider that the scheme has been successfully developed to achieve a layout that provides a high quality living environment, responds positively to its surroundings and has no significant impact on existing residential amenity sufficient to warrant refusal of the application As such, the proposal is recommended for approval, subject to safeguarding conditions. 8. Recommendation 8.1. Approve subject to conditions. 1 Requires the prior submission of a drainage scheme Page 13 of 16

14 2 Requires the prior submission of a sustainable drainage scheme 3 Requires the prior submission of a scheme for ecological/biodiversity/enhancement measures 4 Requires the prior submission of details of bird/bat boxes 5 Requires the prior submission of hard surfacing materials 6 Requires the prior submission of hard and/or soft landscape details 7 Requires the prior submission of boundary treatment details 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 Requires the prior submission of level details 12 Requires the scheme to be in accordance with the listed approved plans 13 Removes PD rights for extensions 14 Requires the prior submission of cycle storage details 15 Requires the prior submission of details for tree works 16 Requires the implementation of tree protection 17 Protects retained trees from removal 18 Requires construction of access/footway crossings to City Specification 19 Requires the provision of dropped kerbs 20 Requires pedestrian visibility splays to be provided 21 Requires a landscape management plan/public access to open space 22 Prevents the use from changing within the use class 23 Links level of occupancy of the open market dwelling to delivery of the specialist units 24 Limits the approval to 3 years (Full) Case Officer: Alison Powell Page 14 of 16

15 Photo(s) View towards Kyles Way On Site (remaining allotments adjacent) Page 15 of 16

16 68 ETL 1 Location Plan 207.3m WYCHBURY ROAD Allotment Gardens CROFT LB KINTORE KYLES WAY 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 16 of 16