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Committee Date:
16/04/2015
Application Number:
Accepted:
23/01/2015
Application Type:
Target Date:
24/04/2015
Ward:
South Yardley
2015/00458/PA
Full Planning
6 Francis Road, Yardley, Birmingham, B25 8HP
Change of use from warehouse (Use Class B8) to Boarding School and
education and community centre (Sui Generis)
Applicant:
Agent:
Mr Sharif Ul Haq
29 Rymond Road, Hodge Hill, Birmingham, B34 6BU
Catalyst Regeneration (UK) Ltd
Branston Court, Branston Street, Birmingham, B18 6BA
Recommendation
Approve Subject To Conditions
1.
Proposal
1.1.
Proposal for the change of use of a vacant warehouse (approx. 1800sqm) to a
boarding school and education and community centre. The Education Centre would
accommodate a total of 110 A-level / college students aged 16-19 years consisting
of 38 boarding students and 72 day students. This would operate between the
0845-1500hours Monday to Friday. There would also be evening classes between
1700-1900hours Monday to Friday for up to 60 children aged 7-14 years.
1.2.
The ground floor would consist of a multi-purpose / school hall, school prayer room,
library reading room toilets, WUDU area, kitchen and dining area. To the first floor
there would be 5 class rooms and 19 2-bed space bedrooms for the 38 boarding
school pupils, as well as toilets and showers, a staff office and staff bedroom. The
boarding students would be there Monday-Sunday and there would be between 4
and 6 staff Monday to Friday and between 2 and 4 staff Saturday to Sunday.
1.3.
A main entrance and separate school entrance would be provided off Francis Road,
whilst a ladies entrance, 2 school hall accesses and a kitchen access would be
provided off the 13 space car park to the south of the building. Access to this car
park would be via Francis Road and an open sports and recreation area (263sqm)
would be provided within the application site.
1.4.
The school prayer room, library and school hall to the ground floor would be used for
community events on a Saturday between 0845-1300hours. It would cater for 100
people mostly educational focused, consisting of adult learning and language
classes, open kitchen, IT classes and youth initiative clubs tackling gun crime and
providing a place for personal development. The centre would also provide
domestic violence counselling and teenage pregnancy sessions. Furthermore, due
to the size of the multipurpose hall, indoor sports such as badminton could also take
place. The applicant has emphasised that the premises would not be a mosque and
the prayer area is for the students and would only be used by the community when
events are held and occur at prayer times.
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1.5.
There would be minor alterations to the front (Francis Road) elevation to create the
main and school entrances, whilst there would be a number of new openings at the
ground and first floor to the side (car park) elevation to serve the school hall and
boarding bedrooms.
Link to documents
2.
Site & Surroundings
2.1.
Application premises are a 2-storey redbrick building located on a traditional terrace
street consisting of residential housing and Redhill Junior and Infant School. There
is on-street parking along Francis Road and there is no direct vehicular access to
Coventry Road to the north. The wider area consists of traditional terrace housing, a
school and industrial units. Hay Mills Neighbourhood Centre is located to the north,
to the opposite side of Coventry Road.
Site location
Street view
3.
Planning History
3.1.
This site: 25/11/14 - 2014/05742/PA. Change of use from Use Class B8 (stationery
distribution warehouse) to Use Class D1 (community and educational use). Refused
on the grounds that information requested under Regulation 4 was not received.
3.2.
Nearby (1177 Coventry Road): 18/03/15 – 2014/09318/PA. Change of use from car
sales (Sui Generis) to education and community centre with prayer facilities (Use
Class D1). Approved.
4.
Consultation/PP Responses
4.1.
Transportation Development – No objection subject to conditions relating temporary
consent for the weekday evening education centre and Saturday Community Centre
uses, hours of use, no major events, ancillary worship, pavement boundary
treatment, amended car park layout, cycle storage, School Travel Plan and
Travelwise.
4.2.
Regulatory Services – Request Noise Impact Assessment.
4.3.
West Midlands Police – No objection.
4.4.
West Midlands Fire Service – No objection.
4.5.
Nearby residential and non-residential properties, residents associations,
Councillors and MP consulted with site and press notices posted.
4.6.
Representations received from John Hemming MP and Councillor Zaker Choudhry
raising the following concerns:
•
•
Insufficient parking spaces for the number of people who would use the site.
Warehouse was previously used 0700-1800hours 5 days a week and
proposal would use be used 24hours 7 days a week.
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•
•
4.7.
Increase traffic and traffic-related problems.
Traffic survey was undertaken during the Christmas Period and the results do
not truly show the state of traffic on this road.
Petition containing 44 signatures received raising the following objections:
•
•
•
•
Many community centres within 1 mile of the site.
Road is currently peaceful and quiet residential area.
Parking and traffic surveys are misleading.
Anti-social behaviour.
4.8.
Representation received from the Head Teacher of Redhill Primary School raising
concerns relating to the health and safety of children associated with road
congestion.
4.9.
11 representations received from local residents raising the following issues:
• Scheme was previously refused.
• Congestion associated with residents and school traffic.
• Sufficient provision of community centres in the area.
• Inaccurate information.
• Noise and disturbance – would be open 24hrs.
• Inappropriate location for mortuary.
• Segregation within the building.
• Question what type of education would be offered.
• Devalue property.
• Recreational needs of boarding pupils.
• Ample provision to worship for all faiths in the area.
• Would benefit one section of the local community.
• No reference to proposal at 1177 Coventry Road.
• Already a school on the road.
• Would support other uses for better causes.
5.
Policy Context
5.1.
Birmingham UDP, Draft Birmingham Development Plan, Loss of Industrial Land to
Alternative Uses SPD, Places of Worship and Faith-Related Community and
Education Uses SPD, Car Parking Guidelines SPD and the NPPF.
6.
Planning Considerations
6.1.
Loss of industrial land
6.2.
The Loss of Industrial Land SPD highlights a general presumption against the loss
of industrial land to ensure there is an appropriate portfolio of industrial land
available. Key consideration involving the loss of industrial land include, amongst
others, whether the site is non-conforming and has been actively marketed.
6.3.
The application site is located within a predominantly residential area, though there
is a school to the immediate north and light industrial / warehouse to the immediate
east. The premises have been vacant since January 2013, and whilst
representation received identifies that it was only used between 0700-1800hours 5
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days a week, there are no restrictions on this established industrial unit. Therefore,
a new operator could occupy the premises with no planning conditions restricting
hours of use / deliveries etc. Supporting information confirms that the property has
been on the open market for a period in excess of 2 years with no viewings from an
industrial/warehouse operator. Issues associated with the premises for continual
industrial use relate to it not being suitable for articulated vehicles, restricted access,
extent of office accommodation and limited working heights. It is argued that the
property no longer meets modern industrial requirements.
6.4.
Whilst the large Tyseley industrial area is a short distance to the south, it is
considered that the unrestricted industrial use of the premises represents a sufficient
non-conforming use within the context of the neighbouring uses to comply with the
relevant UDP and SPD policies relating to loss of industrial land. In addition the
premises have been marketed for over 2 years with no interest from an
industrial/warehouse operator. Therefore no objection is raised in principle to the
loss of this industrial land to an alternative use.
6.5.
Education and Community Uses:
6.6.
In terms of community and educational uses, the Places of Worship SPD applies to
faith-related community and educational uses where the proposals are linked to the
use/function of an existing or proposed place of worship. Whilst the applicant has
been explicit that the proposal is not for a mosque, in light of the presence of the
prayer room associated with the education and community uses it is considered
appropriate to still consider the SPD.
6.7.
The SPD highlights the importance of finding the right location for any uses which
attract a large number of users. To reduce the need for travel and to achieve more
sustainable patterns of development, so reducing reliance on the car, established
centres are often the most suitable location. The SPD adds that the preferable
location for places of worship serving a purely local need should be within a parade
of commercial premises, easily accessible to the community. If suitable sites cannot
be found then a site within easy walking distance of a parade of commercial
premises, and/or on the fringe of residential areas should be identified, as long as
this is in keeping with the local character of the area. The application site is outside
the nearest local centre (Hay Mill Neighbourhood Centre to the north on the opposite
side of Coventry Road) and would be located adjacent to an existing school in an
area of transition between the commercial uses to the north and east and the
residential properties to the south and west. The site is accessible from surrounding
residential areas as well as the Hay Mill Neighbourhood Centre and Coventry Road.
In light of this context, no objection is raised in principle to the proposed education
and community uses in this location.
6.8.
Neighbour amenity:
6.9.
The application site’s surroundings includes a number of uses that create noise and
disturbance, most noticeable the adjoining Redhill Junior and Infant School as well
as the heavily trafficked Coventry Road some 80m to the north. Furthermore, the
application premises are an established and unrestricted industrial use, which has
the potential to generate noise and disturbance to neighbouring occupiers. Within
this context and the nature of the proposed use, Regulatory Services’ request for a
noise impact assessment IS considered unreasonable.
6.10.
Within the context described above, the proposed education and community uses
taking place during reasonable daytime/evening hours and the level of people
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attending (maximum 110 pupils and 6 staff during school hours) it is considered that
the proposal would not represent harm to neighbour amenity that could sustain a
reason for refusal. It is noted that there would inevitably be noise and disturbance
associated with key drop-off and pick-up times but this is for relatively short periods
of time. The presence of 38 boarding pupils living at the premises, within the context
of its established industrial use, would not have an adverse impact on neighbour
amenity. However it is considered that the evening education use and community
use could have more of an impact and to coincide with Transportation
Development’s comments (see below) it is recommended that the weekday evening
education use and Saturday community use are given a temporary 1 year consent.
6.11.
Highway safety:
6.12.
A Transport Statement has been submitted in support of the application which
includes parking surveys as well as an analysis of the existing provision of the local
highway network and availability of sustainable transport options as well as
expected trip catchment, trip generation and parking provision associated with the
proposal. The statement recognises that the site has the potential to generate a
significant number of trips, particularly during weekday peaks. The indicated trip
generation shows a worst-case scenario. It identifies that the majority of the
intended site users are within reasonable walking distance, a significant population
is within reasonable distance and the on-site parking is sufficient to cater for the
demand of the site staff and people with disabilities. Furthermore, the statement’s
survey shows that there is capacity within the local highway network to
accommodate a significant amount of short-stay parking, associated with the
dropping-off and picking-up of school children. The submission also includes a
Travel Plan which includes measures to reduce the number of trips made by private
car.
6.13.
Transportation Development have assessed the submitted Transport Statement and
also undertaken site observations. They conclude that there was a sufficient
amount of unoccupied on-street parking capacity on Francis Road during the daytime with occurrences of parking for school pick-ups limited to the northern
(Coventry Road) end of Francis Road. Therefore it is considered that traffic
generated by the day-time school use could be accommodated on Francis Road
without being problematic, due to residential parking demand being lower. However,
evening observations showed a distinct increase in on-street parking demand on
Francis Road. Some on-street parking was available in the vicinity of the application
site, with the majority of available parking spaces at the southern (Speedwell Road)
end of Francis Road. As such it is considered that the level of vehicular movements
for the evening education use could be seen as problematic in terms of conflict with
residential parking demand. Furthermore, vehicular movements associated with the
Saturday community use are also likely to compete with existing residential parking
demand. In light of this, Transportation Development recommends that the weekday
evening education use and Saturday community use are given a 1 year temporary
consent to ascertain their impact. I concur with this approach.
6.14.
Other matters:
6.15.
The external alterations to the Francis Road frontage are minimal and utilise existing
openings and are acceptable. The proposed openings to the car park (south)
elevation are more significant and would be visible from the public realm across the
car park. Despite the number of changes, the new openings are of a uniformed
appearance and would not have an adverse impact on the character and
appearance of the building and the wider locality.
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6.16.
A number of matters have been raised which are not material planning
considerations such as the segregation within the building and devaluation of
property.
6.17.
It is noted that the previous scheme (2014/05742/PA) included a mortuary.
However, the current scheme has omitted this element.
7.
Conclusion
7.1.
The provision of a religious day-time education accommodation in a sustainable
mixed residential, community and commercial area, which would have no adverse
impact on visual and neighbour amenity or highway safety, is in accordance with
relevant policy and guidance and planning permission should be granted. However,
it is recognised that the weekday evening education centre and Saturday community
could have a greater impact on highway safety and neighbour amenity and to enable
a full assessment of their impact, a temporary 1 year consent should be given for
these elements only.
8.
Recommendation
8.1.
Approve subject to conditions.
1
Limits the hours of operation of the education centre to 0845-1900hours Monday to
Friday.
2
Limits the hours of operation of the community centre to 0845-1300 hours Saturday
3
Requires the prior submission of extraction and odour control details
4
Limits the noise levels for Plant and Machinery
5
Prevents the use of amplification equipment
6
Requires that the materials used match the main building
7
Limits the number of children able to board at the premises at 38
8
Prevents weddings and other major events to take place on site
9
Restricts the use of the premises for worship purposes to ancillary to the approved
use, by those already on the premises and no public attendance for worship use shall
take place.
10
Requires the prior submission of details of pavement boundary
11
Requires the prior approval of an amended car park layout
12
Requires the prior submission of cycle storage details
13
Requires the prior submission of a school travel plan
14
Requires the applicants to join Travelwise
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15
Requires the weekday evening education centre and Saturday community centre uses
to discontinue on or before 16th April 2016.
16
Requires the scheme to be in accordance with the listed approved plans
17
Requires the prior submission of a commercial travel plan
18
Limits the approval to 3 years (Full)
Case Officer:
Peter Barton
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Photo(s)
Figure 1 – Francis Road frontage
Figure 2 – Car Park
Page 8 of 9
Location Plan
5
Redhill Rocket Park
8
Redhill
Tavern
5
She
10
lter
1
(PH)
16
18
12a
14
13
9
20
22
26
Redhill Junior and
22
Infant School
28
34
36
25
38
34
40
42
110.1m
6
46
37
44
Works
W o rk
52
43
20
57
54
FR A
NCIS
R OA
D
12
50
47
s
57
32
Tr
a fa
lg a
rG
rov
e
59h
5
12
1
81
11
3
75
77
38
50
REDHILL
30
59a
67
42
ROAD
56
ks
91
61
7
54
13
1
14
84
60
to
10
6
Warehouse
73
109.5m
64
Works
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.100021326, 2010
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