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Committee Date: 17/04/2014 Application Number: 2014/00948/PA

Accepted: 13/02/2014 Application Type: Full Planning

Target Date: 10/04/2014

Ward: Ladywood

14-16 Temple Street, basement and ground floor, Birmingham, B2 5BG

Change of use of ground floor and basement from shop and employment agency (use class A1 and A2) to Restaurant and Pub (use class A3 and A4) Applicant: Circle Property Unit Trust

c/o agent Agent: Indigo Planning Ltd

Lowry House, 17 Marble Street, Manchester, M2 3AW

Recommendation Approve Subject To Conditions 1. Proposal 1.1. This application seeks permission for a change of use from a shop and employment

agency (use class A1 and A2) to a restaurant and drinking establishment (use class A3 and A4) on the basement and ground floor of 14-16 Temple Street.

1.2. The restaurant and drinking establishment use relates to a floorspace of 902sqm. No external alterations are proposed under this application.

1.3. Proposed opening hours are 1200-0000 Sunday to Wednesday and 1200-0100 Thursday - Saturday.

Proposed Plan

2. Site & Surroundings 2.1. The application site relates to part of the basement and ground floor of a four storey

building constructed in red brick with stone framed windows with elevations on Temple Street and Temple Passage. The ground floor is currently vacant and is currently being refurbished. To the south of the site is a Grade II Listed building in use as a public house. Opposite are retail uses with apartments above. To the west are service elevations of public houses fronting onto Bennetts Hill. The site falls within the Colmore Row and Environs Conservation Area. Location Plan Street View

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3. Planning History 3.1. 27/02/1995 - 1994/04644/PA - Refurbishment to front office entrance – Approve

Subject to Conditions

3.2. 15/02/2013 - 2012/08585/PA - Change of use to restaurant at ground floor and basement level (Use Class A3), installation of new shop front and repositioned entrance lobby to upper floors with ancillary works to Temple Passage elevations and internal lightwell – Approve Subject to Conditions

3.3. 30/09/2013 - 2013/05824/PA - Change of use of part ground floor entrance lobby (Use Class B1) to restaurant use (Use Class A3) and part of restaurant to office entrance lobby use & minor external alterations – Approve Subject to Conditions

4. Consultation/PP Responses 4.1. Local Councillors, residents associations, Retail Birmingham Business Improvement

District and nearby occupiers notified. Site notice posted. 10 letters have been received objecting to the proposal on the grounds of noise, opening hours and deliveries should be restricted to daytime hours. 1 letter has also commented on noise.

4.2. West Midlands Police – Awaiting comments.

4.3. Birmingham Public Health – No response received.

4.4. Regulatory Services – No comments.

4.5. Transportation Development – No objections. 5. Policy Context 5.1. Birmingham UDP 2005, Draft BDP, Places for All, adjacent to Grade II Listed

Building, National Planning Policy Framework 6. Planning Considerations 6.1. Paragraph 129 of the NPPF refers to a need to assess the significance of a proposal

on any heritage asset and paragraph 131 states that local planning authorities should take into account the desirability of sustaining and enhancing heritage assets. I consider the proposed use would preserve the character and appearance of the Colmore Row and Environs Conservation Area it is set within.

6.2. Policy 8.6- 8.7 of the UDP provides guidance for determining applications relating to restaurants. Although there is no specific policy for drinking establishments, criteria contained within this policy is also relevant to this application which states that hot food shops and restaurants/cafes should generally be confined to shopping areas or areas of mixed commercial development due to amenity issues such as late night opening, noise, disturbance, smell and litter and their impact on traffic generation. The application site is located within the City Centre in an area of mixed uses including residential. In addition, the premises have previously been approved for a restaurant use under applications 2012/08585/PA and 2013/05824/PA, however, the use has not yet been implemented, I therefore consider the change of use to a restaurant/drinking establishment in this location would be acceptable in principle.

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CUMULATIVE IMPACT/VITALITY AND VIABILITY

6.3. The mix of uses on Temple Street includes retail, banks, bars and restaurants. I therefore do not consider that the proposal would cumulatively harm the vitality or viability of the area. NOISE AND DISTURBANCE

6.4. Regulatory Services have no comments to make. The premises are located within the City Centre adjacent to an existing public house with opening hours until midnight. Following a number of objections from nearby residents regarding opening hours and noise, the applicant has agreed to reduce the opening hours from 1200-0200 Monday to Saturday and 1200-0000 Sundays and Bank Holidays to 1200-0000 Sunday to Wednesday and 1200-0100 Thursday to Saturday. Whilst a condition restricting opening hours was not attached to the previous consent for a restaurant, given that the proposal includes a drinking establishment and there are residents opposite to the site, it is considered these opening hours would be more acceptable. In addition, conditions restricting the hours that the concertina doors/windows on the frontage can be open and a noise limiter have been attached to safeguard the amenities of nearby occupiers. HIGHWAY SAFETY

6.5. Transportation Development have raised no objections to the proposal. I concur with this view given the location of the site within the city centre the majority of trips would be by sustainable modes of transport.

7. Conclusion 7.1. Subject to conditioning opening hours the proposed use would not harm the amenity

of surrounding premises. 8. Recommendation 8.1. Approve Subject to Conditions 1 Limits the hours of use 0900-0000 Sunday to Wednesday and 0900-0100 Thursday to

Saturday

2 Limits delivery time of goods to or from the site outside the hours of 0900-2100.

3 Limits the hours of the doors being open 0900-0000 Monday to Sunday

4 Requires the prior submission of noise limiting device details

5 Requires the scheme to be in accordance with the listed approved plans

6 Limits the approval to 3 years (Full) Case Officer: Anh Do

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Photo(s)

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Location Plan

This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010

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