Committee Date: 19/03/2015 Application Number: 2014/06414/PA Accepted: 06/01/2015 Application Type: Full Planning Target Date: 03/03/2015

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1 Committee Date: 19/03/2015 Application Number: 2014/06414/PA Accepted: 06/01/2015 Application Type: Full Planning Target Date: 03/03/2015 Ward: Sparkbrook 41 White Road, Sparkbrook, Birmingham, B11 1EH Change of use from public open space to private amenity associated with residential dwelling house (Use Class C3), installation of footway crossing & hardstanding surface. Applicant: Agent: Recommendation Determine Mr H Khan 41 White Road, Sparkbrook, Birmingham, B11 1EH Integrated Designs 38 Old Walsall Road, Great Barr, Birmingham, B42 1NP 1. Report Back 1.1. Your committee will recall deferring this application at the Planning Committee meeting held on 19 th February 2015 minded to refuse, and for further information to ascertain why Housing Services were transferring ownership of the land The Housing & Regeneration Team has verbally confirmed that they raise no objections in principle to the proposals. The land in question is not intended for BMHT development and is potentially available for disposal. As such, the purchase of the land would be subject to the relevant planning consents and would require a separate application for land disposal to be considered by the Land and Property Team. Should planning permission be refused for the change of use, the application to purchase the land would also be refused Should Members be minded to refuse the planning application the following reason is suggested: 1.4. The proposed development would result in the loss of incidental public open space, the loss of which would have a detrimental impact on the open character and appearance of this part of the street scene and the surrounding area. As such it would be contrary to paragraphs 3.8, 3.10 and 3.14C-D of the Birmingham Unitary Development Plan 2005, guidance in Places for All adopted Supplementary Planning Guidance 2001 and the National Planning Policy Framework Original Report 2. Proposal 2.1. Consent is sought for change of use from public open space to private amenity space associated with the adjoining residential dwelling house (Use Class C3), installation Page 1 of 6

2 of footway crossing & hard standing surface to the side of 41 White Road, Sparkbrook The land is currently open and laid out with grass. There are 3 mature trees that are subject to Tree Preservation Orders, two of which are contained within the application site. A 1.8m high temporary fence is proposed around the trees as a protection zone during construction. The land would be incorporated into the private amenity area of the adjoining residential dwelling The two trees are 22m distance apart and the proposed footway crossing and hard standing would be located between them. The hard standing would measure 2.5m in width by 5m in length and would comprise of permeable block paving, the remaining area would remain as grass land and no details of proposed boundary treatment have been provided A footway crossing has been recently installed providing means of vehicular access to the front of the application site. This is separate to the hard standing area proposed by this application and is subject to investigations by Enforcement and Transportation The site area is approximately sq. metres. Proposed Plan 3. Site & Surroundings 3.1. The application site is currently incidental public open space that is owned and maintained by Birmingham City Council s Housing Department. There are 3 mature trees located within this grass verge that are protected by a Tree Preservation Order. The proposed works would be associated with the adjoining residential dwelling. The property is a previously extended end-terraced dwelling house and is perpendicular to the road with its flank side wall facing the highway. There is a two storey rear, single storey front and rear extensions and a detached structure within the rear garden. The property has a modest front and rear garden that is defined by 1.1m high wall, 1.85m high pillars and a 2m high gate to the front and a 2.1m high wall, and a 2.2m high gate to the rear. There is a footway crossing providing means of vehicular access to the front of the property The surrounding area is prominently residential in character. Site Location Street View 4. Planning History /01/ /07877/PA - Erection of single and two storey rear, single storey front extensions, and dropped kerb and driveway to the side Refused on design grounds and tree issues /03/ /00325/PA - Erection of single and two storey rear, and single storey front extensions Approved with conditions Enforcement History Page 2 of 6

3 4.4. Current /1390/ENF - Alterations to property including the erection of a large granny annexe, generally untidy condition of the area as a result of the works, formation of footway crossing and installation of gate which opens outwards Investigations on-going. 5. Consultation/PP Responses 5.1 Adjoining residents and local ward councillors notified. 7 letters of objection received, as summarised below; The green land is part of our lives and we would like it to stay that way for everyone to enjoy. It s a beautiful piece of land and I enjoy the view in the morning. My kids play on this green every summer and considered as a safe place away from the busy road. It is used as a drop off and pick up point for school children. Parking will be affected. Footway crossing will destroy the grass area. The green area is part of White Road s character. Reference to dropped kerb recently installed. Tree issues. 5.2 Transportation Department No objections subject to conditions for parking area boundary details. 5.3 Regulatory Services No objections subject to conditions for a vehicle charging point. 6 Policy Context 6.1. The following national policy is applicable: NPPF - National Planning Policy Framework (2012) 6.2. The following local policies are applicable: Birmingham Unitary Development Plan (2005) Draft Birmingham Development Plan (2013) Places for Living (Supplementary Planning Guidance, 2001), Car Parking Guidelines (2012). 7 Planning Considerations 7.1 The main considerations in the determination of this planning application are the principle of the use in this location, the effect upon the visual amenity of the site and surrounding area and highway implications. 7.2 Principle of use The application site is incidental public open space that is owned and maintained by the Council. The land is located adjoining White Road, to the side of 41 White Road. It is proposed to integrate it into the private amenity area of the residential dwelling. The Housing and Regeneration Team has assessed the proposal and raise no objections. I am of the view that the change of use of the land could be supported in principle Impact on visual amenity The surrounding area is predominately residential in Page 3 of 6

4 character with low level boundary treatments, i.e. fences and hedges, of approximately 1.2m in height fronting White Road. No boundary details have been provided, I consider that it is reasonable to attach a boundary detail condition to the same height to ensure that the proposal would not detrimental impact on the visual amenity of the surrounding area. There are patterns of on-street parking laybys and frontage parking in the vicinity. 7.4 Impact on highway safety Transportation Development have raised no objections to the proposal subject to conditions for details of parking area boundary. I concur with this view and consider that the proposed change of use would be unlikely to undermine highway safety within the vicinity of the site. 7.5 Trees My Tree Officer has raised no objections subject to conditions. I concur with this view. There are a number of trees within the curtilage of the application site that are protected by a Tree Preservation Order but these would not be harmed subject to a condition to ensure that they are protected during construction. 8 Conclusion 8.1 The proposed change of use would not have a detrimental impact on visual amenity or highway safety subject to satisfactory safeguarding conditions. 9 Recommendation 9.1 Approve subject to the following conditions. 1 Protects retained trees from removal 2 Requires the prior submission of details of pavement and parking area boundary 3 Requires the scheme to be in accordance with the listed approved plans 4 Limits the approval to 3 years (Full) Case Officer: Chantel Blair Page 4 of 6

5 Photo(s) Figure 1: Rear View Figure 2: Side View Page 5 of 6

6 Location Plan Montgomery 1 CRO 7 MONTGOMERY 31 Croft m 3 WHITE ROAD Montgomery Primary Sc 74 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 6 of 6