West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT
Birmingham City Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 13 August 2021
- Authority
- Birmingham City Council
- Inspector
- Baugh-Jones H
- Procedure
- Hearing
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Major dwellings
- Appellant
- Churchill Retirement Living Ltd.
- Agent
- Planning Issues Ltd
- LPA reference
- 2020/07917/PA
- ONS LPA code
- E08000025
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 21 April 2021
Summary AI
The appeal was allowed as the inspector found that the proposed development would not have an unacceptable impact on highway safety, and that the cumulative impacts on the road network would not be severe. The development was also found to be in accordance with the Birmingham Development Plan and the National Planning Policy Framework.
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West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Hearing (virtual) Held on 13 July 2021 Site visits made on 8 and 13 July 2021 by H Baugh-Jones BA(Hons) DipLA MA CMLI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 13 August 2021 Appeal Ref: APP/P4605/W/21/3271678 Police Station, Wharf Road, Kings Norton, Birmingham B30 3LT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Churchill Retirement Living against Birmingham City Council. • The application Ref 2020/07917/PA, is dated 30 September 2020. • The development proposed is demolition of existing building and redevelopment of the site to form 38no. retirement apartments including communal facilities, access, car parking and landscaping. This decision is issued in accordance with Section 56(2) of the Planning and Compulsory Purchase Act 2004 (as amended) and supersedes the decision issued on 28 July 2021. Decision 1. The appeal is allowed and planning permission is granted for demolition of existing building and redevelopment of the site to form 38no.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision retirement apartments including communal facilities, access, car parking and landscaping at Police Station, Wharf Road, Kings Norton, Birmingham B30 3LT in accordance with the terms of the application, Ref 2020/07917/PA, dated 30 September 2020, subject to the conditions set out in the Schedule to this decision. Preliminary Matters 2. During the course of the appeal, the Council withdrew all of its objections to the proposal. I have therefore defined the main issue based on the submissions of interested parties. 3. Also during the course of the appeal, amended plans were submitted and consulted upon. I am satisfied that no party has been prejudiced by my taking those plans into account. The amendments included a reduction in the number of proposed residential units from 39 to 38. I have reflected this in both the description and my formal decision. 4. A planning obligation in the form of a Unilateral Undertaking (UU) has been submitted. It provides for a contribution towards affordable housing should planning permission be granted. I return to this later on in my decision. https://www.gov.uk/planning-inspectorate
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Appeal Decision APP/P4605/W/21/3271678 Main Issue 5. The effect of the proposal on the safe and efficient operation of the local highway network. Reasons 6. The existing site is currently occupied by a disused police station and three, now unoccupied, police houses. The site lies close to the centre of Kings Norton where there are a range of shops and services. It is bordered on three sides by Masshouse Lane, Wharf Road and High Meadow Road. The latter is the smaller of the three roads and runs through the neighbouring residential estate. 7. I acknowledge that there has been little or no traffic movement in and out of the police station for a number of years. The appellant calculates that the proposal would generate 82 trips across the day based on the TRICS database. However, there is no direct TRICS data for the type of development proposed in this appeal, so there is likely to be some variability in the figures. The appellant’s own research data, based on a number of other similar developments, indicates that there would be 58 daily trips. Even if I were to prefer the TRICS data, there would be only 3-4 trips per hour. 8.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Clearly this would present a different situation compared to the absence of any current use of the site. Overall, policies TP38 and TP44 of the Birmingham Development Plan (2017) (BDP) seek to ensure the transport network is sustainable and that its’ use is efficient, effective and safe. The policies accord with the National Planning Policy Framework (the Framework). This says that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. 9. I was able to make two site visits at different times of the day. The first of these took place during late morning and the second during the pick-up period for Kings Norton Primary School, which is located a short distance away on Pershore Road South. There was a marked difference in the amount of traffic using the surrounding roads during these two periods, with school pick-up time being very busy. It is reasonable to conclude that the school drop-off time is much the same. This contrasts with the much quieter times outside these periods. 10.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision At my first site visit, I noted that there were cars parked wholly or partly on pavements along High Meadow Road. This, in combination with the bend near to the site and the junction with Hill Bank Road resulted in modest vehicle speeds, which is borne out by the appellant’s evidence. I saw no reason to conclude that there would be unacceptable visibility along either direction in High Meadow Road from the proposed site access. 11. During school drop-off and pick-up times, there are many more vehicles parked and manoeuvring in the surrounding streets including notably, in High Meadow Road and Hill Bank Road. I observed that this did result in some impediment to visibility from the proposed access and it also restricted the width of the carriageway for a short section in High Meadow Road. Nevertheless, the age profile of the development’s residents is such that they would not be limited to travelling during these busy periods and it is likely that they would opt for quieter times. Moreover, the proposed build-out of the pavement as part of the https://www.gov.uk/planning-inspectorate 2
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Appeal Decision APP/P4605/W/21/3271678 formation of the site access would aid visibility, whilst maintaining a carriageway of sufficient width to allow two vehicles to pass and which would accord with the guidance in Manual for Streets. This would also serve to discourage parking near to the access. 12. Furthermore, the development’s residents would not be reliant of the use of a vehicle to access shops and services as these are available sufficiently nearby in and around The Green. There are also good public transport links within easy walking distance. This would all serve to minimise the need to travel by car for general day-to-day needs. 13. The proposal provides for 16 parking spaces on site, which would not accord with the maximum parking standards set out in the Council’s car Parking Guidelines Supplementary Planning Document (2012) (SPD). However, there is nothing in the SPD that directly relates to the standards for a retirement living development and the closest form of development referred to in the document (sheltered residential accommodation) would require the provision of a maximum of 20 spaces. The SPD pre-dates national policy which encourages a move away from the setting of maximum parking standards.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Consequently, I afford it less weight than the Framework. Moreover, the appellant’s own research, based on specific evidence from other Churchill schemes, indicates a need for 11 spaces. Thus, the proposal would provide 5 spaces over and above the estimated demand. 14. This would allow for some, if not all visitor parking to also be accommodated on site. It is very unlikely that all visitors would be present at the same time or that all residents would be at home at the same time. I am therefore satisfied that any resultant on-street parking would be minimal and could be accommodated without there being an unacceptable effect on the ability to navigate the surrounding streets safely. 15. Taking all of this into account, I see no reason to find that there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. The proposal therefore accords with BDP policies TP38 and TP44 and with the Framework. Other Matters 16. The existing building is arranged over two-storeys and is surrounded by two- storey dwellings. The proposed building would be mainly three-storey albeit with two-storey elements.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision However, it would broadly follow the line of the existing building and would therefore be set well back from Wharf Road behind a substantial area of green space. The building would be articulated to give the impression of a series of individual terraced houses with an associated broken up roofline. It would reduce in height to two-storeys where its elevations would be next to existing dwellings. Even though the building would be large, it would maintain the semblance of a domestic residential terrace. It would also take design cues from buildings in the vicinity. Overall, the proposed building would be of high-quality design and reflect the character of its surroundings. It would make a positive contribution to this prominent site. 17. Whilst the potential exists for the proposal to result in some overlooking of existing dwellings in High Meadow Road, the main elevation within the rear courtyard would maintain sufficient distance between the proposed building and those dwellings. The elevation facing the side of 50 High Meadow Road https://www.gov.uk/planning-inspectorate 3
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Appeal Decision APP/P4605/W/21/3271678 would be blank except for one small window just under the rear section of its sloping roof. This would serve a guest suite so would be likely to be occupied only occasionally. On balance, I am satisfied that the proposed development would not result in unacceptable effects on the privacy of neighbouring occupiers. In addition to all of this is the fact that there will always be a degree of overlooking between properties in a residential area such as this. Planning Obligation 18. The UU provides for a contribution towards the provision of affordable housing. I have considered this in light of the Framework and Planning Practice Guidance (PPG). The requirement for affordable housing is supported BDP Policy TP31. I am satisfied that the planning obligation is necessary to make the development acceptable in planning terms; is directly related to the development; and is fairly and reasonably related in scale and kind to the development. Consequently, the UU meets the tests set out in paragraph 56 of the Framework. I have taken account of the planning obligation in reaching my decision. Conditions 19.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision The Council and appellant have agreed a suite of planning conditions to be imposed in the event that planning permission is granted. The appellant has provided written agreement where conditions are pre-commencement form. I have considered the suggested conditions in light of the Framework and PPG. 20. I have imposed a condition specifying the relevant plans as this provides certainty. A condition is necessary to ensure any contamination found during construction is able to be satisfactorily dealt with. Given the potential for bats to be using the existing building, conditions are necessary to safeguard this protected species. A condition is necessary to ensure the provision of ecological enhancements in the general interests of nature conservation. This is in pre- commencement form given the need to incorporate ecological enhancement measures into the fabric of the building. I have imposed a condition relating to archaeology in order to record historic finds in the interests of the historic environment. I have used a less onerous condition that that suggested. 21. In order to protect the amenity of surrounding residential occupiers, I have imposed a condition requiring the submission of a Construction Method Statement.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision In the interests of ensuring development is adequately drained, I have imposed conditions accordingly. Conditions related to levels; materials details; landscaping; and an Arboricultural Method Statement are necessary to ensure the appearance of the development is satisfactory. I have imposed conditions related to noise in order to protect residential amenity. Conditions related to cycle storage and vehicle charging points are necessary to make provision for sustainable forms of travel. Conditions are also necessary related to pedestrian visibility and the reinstatement of a footway crossing in order to safeguard pedestrian safety. A condition limiting occupation to those of certain ages or who meet certain criteria is necessary in order to define the permission and for the avoidance of doubt. Conclusion 22. I realise that this decision will come as a disappointment to those who made very eloquent arguments against the proposed development. However, taking https://www.gov.uk/planning-inspectorate 4
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — Appeal Decision Appeal Decision APP/P4605/W/21/3271678 everything into account, there is no compelling reason to withhold planning permission in this case. The appeal therefore succeeds.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones Inspector SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development shall be carried out in accordance with the following approved plans: Site Location Map Drawing No 30045KN/PL001; Site Plane – Ground Floor Drawing No 30045KN/PL002C; Site Plan – Roof Layout Drawing No 30045KN/PL003C; Ground Floor Plan Drawing No 30045KN/PL004C; First Floor Plan Drawing No 30045KN/PL005C; Second Floor Plan Drawing No 30045KN/PL006C; Roof Plan Drawing No 30045KN/PL007C; Elevations 1 – North Drawing No 30045KN/PL008C; Elevations 2 – High Meadow Road Drawing No 30045KN/PL009D; Elevations 3 – South and West Drawing No 30045KN/PL010C; Site sections Drawing No 30045KN/PL011A; Site Layout – Roof – PV Panels Drawing No 30045KN-PV 001A; Tree Protection Plan Drawing No 200089-BT3; Landscape Strategy Plan Drawing No 13356/P01b. 3) In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the local planning authority.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones An investigation and risk assessment must be undertaken and, where remediation is necessary, a remediation scheme must be prepared, submitted to and approved in writing by the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, submitted to and approved in writing by the Local Planning Authority. 4) If development, including demolition, has not commenced by 1st September 2021, a further bat survey shall be carried out prior to demolition works commencing and a report of findings submitted to and approved in writing by the local planning authority. The scope of the survey shall be agreed in advance with the local planning authority. The report will include, where the presence of bats or bat roost is established, appropriate measures to safeguard the protected species. Such measures shall be carried out in accordance with a programme to be incorporated in the report and agreed in writing by the local planning authority.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones 5) No development shall take place (excluding demolition) until an Ecological Enhancement Strategy, based on the recommendations contained in the Tyler Grange Ecological Assessment dated 5th October 2020 (Report No. 13356_R01 Rev A) and incorporating bird nesting boxes and bat boxes/bricks/tubes to be provided as part of the development, has been https://www.gov.uk/planning-inspectorate 5
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones 5) No development shall take place (excluding demolition) until an Ecological Enhancement Strategy, based on the recommendations contained in the Tyler Grange Ecological Assessment dated 5th October 2020 (Report No. 13356_R01 Rev A) and incorporating bird nesting boxes and bat boxes/bricks/tubes to be provided as part of the development, has been https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/P4605/W/21/3271678 submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details. 6) The development hereby approved shall be implemented in accordance with the mitigation measures for bats, nesting birds and hedgehog in sections 4.6, 4.8-4.9 and 4.12 of the Ecological Assessment report submitted with the planning application (Tyler Grange, 5th October 2020; ref. 13356_R01a). 7) Prior to occupation, a lighting design strategy for biodiversity shall be submitted to and approved in writing by the local planning authority.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones Appeal Decision APP/P4605/W/21/3271678 submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details. 6) The development hereby approved shall be implemented in accordance with the mitigation measures for bats, nesting birds and hedgehog in sections 4.6, 4.8-4.9 and 4.12 of the Ecological Assessment report submitted with the planning application (Tyler Grange, 5th October 2020; ref. 13356_R01a). 7) Prior to occupation, a lighting design strategy for biodiversity shall be submitted to and approved in writing by the local planning authority.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority. 8) The developer shall afford access at all reasonable times to any archaeologist nominated by the local planning authority and shall allow that person to observe the excavations and record items of interest and finds.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones 9) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) Noise control devices; v) delivery routes vi) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; vii) wheel washing facilities; viii) measures to control the emission of dust and dirt during construction; ix) a scheme for recycling/disposing of waste resulting from demolition and construction works; x) delivery, demolition and construction working hours. The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 10) No building hereby permitted shall be occupied until surface water drainage works shall have been implemented in accordance with details that shall first https://www.gov.uk/planning-inspectorate 6
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones Appeal Decision APP/P4605/W/21/3271678 have been submitted to and approved in writing by the local planning authority. Before any details are submitted to the local planning authority an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, having regard to Defra's non-statutory technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones 11) No building hereby permitted shall be occupied until works for the disposal of sewage have been provided on site to serve the development hereby permitted, in accordance with details that shall have first been submitted to and approved in writing by the local planning authority. 12) No development shall take place (excluding demolition) until details of finished site and ground floor levels in relation to the existing site levels, adjoining land and buildings have been submitted to and approved in writing by the local planning authority. The details shall include the proposed grading and mounding of land areas, cross sections through the site and relationship with the adjoining landform and buildings. Development shall be implemented in accordance with the approved details. 13) No development shall take place (excluding demolition) until architectural details been submitted to and approved in writing by the local planning authority.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones The approved details shall provide for: i) windows: overall design and materials, headers, sills, glazing bar and frame dimensions and arrangement, materials, reveal depth; ii) external doors: overall design and materials, reveal depths, canopy/porch; iii) building facades and roof: materials, decorative features, eaves treatment, details of any attached vents, flues and utility equipment; iv) rainwater goods: design, materials, location. Development shall be implemented in accordance with the approved details. 14) The development shall not be occupied until details of hard and soft landscaping have been submitted to and approved in writing by the local planning authority. The approved details shall provide for: i) A scaled plan at 1:100 showing all existing vegetation and landscape features to be retained; and where used, locations of individually planted trees, areas of woodland, shrubs, hedges, herbaceous planting, bulbs, and areas of grass; ii) Within ornamental planting areas, plans should be sufficiently detailed to show the locations of different single species groups in relation to one another, and the locations of any individual specimen shrubs; https://www.gov.uk/planning-inspectorate 7
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones Appeal Decision APP/P4605/W/21/3271678 iii) Planting schedules noting species, plant sizes and proposed numbers/densities, and details of the proposed planting implementation programme; iv) Location, type and design of materials to be used for hard landscaping, including ground surfacing, paving, kerbs, edges, steps and furniture; v) Specifications for any: a) permeable paving; b) tree pit design indicating root available soil volumes and matched to species demands at mature size; c) underground modular systems; d) sustainable urban drainage integration; e) surfacing within tree Root Protection Areas vi) Specifications for plant establishment and maintenance; vii) Retaining structures noting their height, design and facing materials.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones Details of the proposed crib lock wall shall also include site specific construction details and integrated planting scheme; viii) Minor artefacts and structures; ix) Proposed and existing functional services above and below ground Development shall be implemented in accordance with the approved details prior to occupation of any part of the development is first occupied or in accordance with a programme that has been previously submitted to and approved in writing by the local planning authority. 15) Before the development is first occupied or brought into use a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved in writing by the local planning authority. The landscape management plan shall be carried out as approved. 16) Before the development is first occupied or brought into use details of proposed boundary treatments and enclosures shall be submitted to and approved in writing by the local planning authority.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones These details shall include plans showing the locations of existing, retained and proposed new boundary treatments and scaled drawings indicating the positions, height, design, materials, type and colour of proposed new boundary treatments. Development shall be caried out as approved. 17) The development hereby approved shall be undertaken in accordance with the submitted Arboricultural Assessment and Method Statement (Barrell Tree Consultancy, 8th October 2020, ref. 20089-AA2-CA) and Tree Protection Plan (Barrell Plan Ref: 20089-BT3). 18) Prior to the occupation of the development hereby approved a scheme of noise insulation shall be submitted to and agreed in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details to ensure that all windows, any other glazed areas and external doors to habitable rooms on the north and northwest facing elevations of the residential accommodation provide a weighted sound reduction index (Rw + Ctr) of at least 32dB. Any ventilation on this elevation to habitable rooms shall be provided by means of acoustic vents achieving weighted element normalised level difference (Dne,w + Ctr) of at least 38dB.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones https://www.gov.uk/planning-inspectorate 8
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/P4605/W/21/3271678 19) Prior to the occupation of the development hereby approved a scheme of noise insulation shall be submitted to and agreed in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details to ensure that all windows, any other glazed areas and external doors to habitable rooms on the east facing elevation of the residential accommodation provide a weighted sound reduction index (Rw + Ctr) of at least 29dB. Any ventilation on this elevation to habitable rooms shall be provided by means of acoustic vents achieving weighted element normalised level difference (Dne,w + Ctr) of at least 35dB. 20) Before the development is first occupied details of the provision for the secure and covered storage for 4 cycles shall be submitted to and approved in writing by the local planning authority. Development shall be carried out as approved and thereafter retained. 21) No fewer than 10% of non-dedicated vehicle parking spaces shall be provided with electric vehicle charging points. 22) A pedestrian visibility splay of 3.3 metres by 3.3.
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones metres by 0.6 metres shall be provided at the access point before the access point is first used and shall thereafter be retained. 23) Before the development is first occupied or brought into use the redundant footway crossing associated with the application site on High Meadow Road shall be reinstated to full height kerb. 24) Each residential apartment within the development hereby approved shall only be occupied by: i) Persons of state pensionable age or over 60 years of age; or ii) Persons living as part of a single household with such a person or persons and who is themselves over 55 years of age; or iii) Persons who were living as part of a single household with such a person or persons who have since died. https://www.gov.uk/planning-inspectorate 9
West Midlands Police, Wharf Road Police Station, 20 Wharf Road, Kings Norton, BIRMINGHAM, B30 3LT — Birmingham City Council — H Baugh-Jones Appeal Decision APP/P4605/W/21/3271678 APPEARANCES For the appellant Heather Sargent Landmark Chambers Matthew Shellum Planning Issues Ltd James Rand Paul Basham Associates For the local planning authority Amy Stevenson Principal Planning Officer Paul Cowen Transport Department Interested Persons Martin Booth Local resident https://www.gov.uk/planning-inspectorate 10
Main issues and findings
Highway safety Against appellant ¶9-14
The inspector found that the proposed development would not have an unacceptable impact on highway safety, and that the cumulative impacts on the road network would not be severe. The development was found to provide 16 parking spaces on site, which was considered sufficient to meet the needs of the residents, and that the residents would not be reliant on their vehicles for accessing shops and services.
Living conditions For appellant ¶16-17
The inspector found that the proposed development would not result in unacceptable effects on the privacy of neighbouring occupiers. The development was found to be of high-quality design and would reflect the character of its surroundings.
Policies relied on
| Reference | Weight |
|---|---|
| BDP policies TP38 and TP44 |
Substantial |
| National Planning Policy Framework |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 10 pages, issued by the Planning Inspectorate on 13 August 2021 under the Open Government Licence.