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Committee Date: 06/02/2014 Application Number: 2013/06470/PA

Accepted: 06/09/2013 Application Type: Full Planning

Target Date: 01/11/2013

Ward: Bournville

218 Mary Vale Road, Bournville, Birmingham, B30 1PJ

Retention of change of use from A1 delicatessen with ancillary coffee lounge to mixed use of A1/A3 delicatessen and cafe, and retention of flue Applicant: Leverton & Halls

218 Mary Vale Road, Bournville, Birmingham, B30 1PJ Agent: Richard J Hulbert Architect

121 Sellywood Road, Bournville, Birmingham, B30 1XA

Recommendation Approve Subject To Conditions 1. Proposal 1.1. This application proposes the retention of a change of use from a Class A1

delicatessen with ancillary coffee lounge to a mixed Class A1 and A3 delicatessen and café use. Also, the retention of a flue attached to the rear wing.

1.2. Planning permission was granted in 1998 (1997/04804/PA) for use of the property

as a shop with ancillary coffee lounge. The permission was implemented but gradually the coffee lounge has grown into a café use which forms a significant element of the business and is no longer ancillary. The extent of the café use became apparent during the processing of a recent application for Listed Building Consent (2013/03743/PA) and the applicant was advised to make this application to regularise the use.

1.3. The unit comprises two rooms at the front of the building for customers. The first

includes shelving and a chiller cabinet for the sale of delicatessen goods, and café seating providing 14 covers. The second room is used for café seating only and provides 16 covers. A toilet and the food preparation area are located in the rear wing off the second room. External seating areas are also located on the forecourt and in the rear garden and together provide a further 32 seats, giving a maximum capacity of 62 covers.

1.4. Opening hours are: 8am to 5pm Monday to Friday

8am to 4pm Saturdays 10am to 1pm Sundays

1.5. The business has 4 full time and 2 part time employees and no off-street parking is

provided.

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1.6. On the rear wing, the retained extract flue is constructed in metal, painted black and extends 2.8m up the side wall of the wing, terminating 0.6m below eaves level. It exits the building between the two brick headers of the ground floor rear door and window of the wing. The materials and colour of the flue match the rainwater goods on the building.

Proposed plan and elevations

2. Site & Surroundings 2.1. The application unit is one of three located within a Grade II Listed building

comprising Nos. 216, 218 and 220 Mary Vale Road. It is an attractive three storey building with commercial units on the ground floor and flats above. It is located on the northern corner of the junction of Mary Vale Road and Linden Road and is set back behind a small forecourt.

2.2. The site forms part of a small commercial centre comprising three parades of shops.

There is a good variety of shops including a newsagent, butcher, florist, estate agent, art gallery and hair salon. The surrounding area is predominantly residential and is located to the southwest of the Cadburys factory within the Bournville Village Conservation Area.

Site location

Streetview 3. Planning History 3.1. 19/03/1998 - 1997/04804/PA – Planning permission granted with conditions for the

change of use to retail shop with ancillary coffee lounge. 3.2. 07/08/2013 - 2013/03743/PA – Listed Building Consent granted with conditions for

internal alterations to outbuildings. 4. Consultation/PP Responses 4.1. Transportation Development: No objection. On-street parking is unrestricted and

typically fairly heavy. Regular buses serve the site throughout the day, Bournville railway station is within reasonable walking distance and there are cycle stands within the forecourt. While it is acknowledged on-street parking is typically very high along Mary Vale Road, it is not considered the change would have significantly altered what was already the case here. Traffic and parking would not be significantly different to that generated by some A1 uses.

4.2. Regulatory Services: No objection subject to a condition requiring the extraction flue

cap to be replaced with a high velocity discharge cowl to enable vertical discharge. The low flue height is not ideal however the extraction system has been in place for three years and no complaints regarding noise or odour have been received, the premises is a café serving cold food as well as hot so not everything is cooked, and the type of food being served is not likely to generate significant odours.

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4.3. West Midlands Police: No objection. 4.4. Site and press notices posted, local Councillors, Residents’ Associations and the

occupiers of nearby properties notified of the application. 24 responses received as follows:

• 13 letters of support giving the following reasons:

- the site provides a much needed meeting place in the area and is used by local people for both leisure and business meetings

- the success of the site draws people to the centre and supports the other shops too

- the site promotes local businesses, community groups and events - the bookshop at No. 216 has closed and no more vacancies are needed - there is no pedestrian obstruction as the seating is contained within the

forecourt - the combination of this and other shops enables residents to buy most

things locally - the café provides good quality food - the site is used by visitors to Bournville/CadburyWorld - parking problems are caused by residents and those using Bournville

railway station • 11 letters of objection giving the following reasons:

- inadequate parking is available on Mary Vale Road and discussion about a possible Traffic Regulation Order has not been concluded

- on-street parking is taken up by the bedsits above the shop and staff - the heritage statement is not accurate in relation to the ownership of the

flats above the shop – both are owned by the couple running the shop - obstruction of the pedestrian routes by seating, sales stands on the

forecourt - noise and disturbance to residents if there is a takeaway approved - litter is generated by the site - odour from cooking - concern about hygiene due to the sale of both food in the café and

plants/vegetables in the shop - the police have been called to the site many times - site attracts custom from a wide area due to advertising - serving breakfasts worsens the parking at a busy time - use of an original Cadbury building is not appropriate and breaches the

original vision for not having pubs or takeaways 5. Policy Context 5.1. UDP 2005; Draft Birmingham Development Plan 2031; SPD Shopping and Local

Centres 2012; SPD Car Parking Guidelines 2012; SPG Regeneration Through Conservation 1999; National Planning Policy Framework 2012; Grade II Listed Building; Bournville Village Conservation Area.

6. Planning Considerations

Policy 6.1. UDP policies 8.6 and 8.7 relate to hot food uses and set out the criteria for

consideration as being the location of the site, any cumulative effect caused,

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opening hours, the effect on the vitality and viability of the parade, and the availability of public transport and parking.

6.2. The Shopping and Local Centres SPD identifies local centres. This site is located in

a parade of shops outside of a local centre. The SPD gives more detailed advice concerning the location of hot food uses and limits the proportion of local parades which may be in Class A5 use (hot food takeaway) to 10% but there is no similar restriction on Class A3 uses outside of local centres, such as this site.

6.3. Paragraph 17 of the NPPF identifies the need to proactively drive and support

economic development to deliver thriving local places as one of the core principles of planning.

Location

6.4. The site is outside of a recognised centre as identified in the Shopping and Local Centres SPD but it is within a cluster of shops and commercial uses and therefore accords with UDP policy 8.7.

Cumulative effect

6.5. The cluster of shops provides a good variety of complementary uses. There are no other hot food uses (either A3 or A5) in the three parades making up this cluster and no negative cumulative effect appears to have arisen as a result of the change of use.

Opening hours

6.6. No change is proposed to the opening hours and no evening use is proposed or occurs already. Opening hours are during the day and are reasonable given the location of the site; a condition is attached restricting opening to within these hours only as evening use would be out of character in this area.

Vitality and viability of the parade 6.7. The site is open throughout the daytime and judging by the level of support for the

application and my own site observations, is well-used. The combination of the delicatessen and the café increases the range of services available within the parade whilst respecting the scale of the centre. Letters of support refer to the opportunity for linked trips, as there are several other popular businesses in this cluster of shops, and the site is surrounded by a dense residential population within walking distance. The site appears to generate a good level of activity during the day and makes a positive contribution towards the vitality of the centre. The adjoining unit, No. 216 Mary Vale Road, has recently become vacant so retaining units which are already in use is important in order to maintain the viability of the parade, especially as the application building is Listed.

Availability of public transport and parking 6.8. The site is well-served by public transport with frequent bus services passing along

Linden Road and it being located 578m from Bournville railway station. Parking is known to be problematic on Mary Vale Road and a consultation exercise was carried out in the summer of 2013 regarding a possible traffic regulation order (TRO). This is still being considered, however, Transportation Development does not consider the parking problems can be attributed to the application site. The use is unlikely to generate significantly more traffic or parking than many other Class A1 uses and, the public participation responses indicate that many customers are from the local area and walk to the site.

Other issues

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6.9. Odour control: It is understood that extraction equipment was installed at the premises three years ago and it appears to be working appropriately since Regulatory Services advises there have been no complaints regarding odour. The flue is shorter than would normally be expected, extending only up to the eaves of the rear wing, however, Regulatory Services is satisfied with it providing the cap is replaced with a more suitable cowl and a condition is attached accordingly.

6.10. Conservation: The Conservation Officer advises that this is an attractive parade of

shops with a vibrant mix of uses which she wishes to support, especially in the current difficult economic climate. She therefore has no objection to the proposal however she notes the presence of the existing flue. She considers it to be unattractive and inappropriate on a Listed Building. In the absence of alternative solutions, on balance, I consider it to be acceptable for the following reasons: the flue is unusually short; it is located on the rear; a tree in the neighbouring garden offers some screening; and it is painted black. It is discreetly positioned and in my view it constitutes a suitable compromise between the requirement to control odour and preservation of the appearance of the Listed Building. It could also easily be removed without harm to the Listed Building if the use should cease.

6.11. Litter: The objection on the grounds of litter is noted. The nature of the use is not

such that would be expected to generate significant amount of litter as food is generally consumed on the site. There is a litter bin on the forecourt immediately in front of the site and this should be adequate; any further bins would add clutter to the frontage.

6.12. Security: The Police have no objection to the proposal and, notwithstanding the

response from local residents they do not indicate that the site has been problematic with only 1 incident reported at the premises since the beginning of 2012. I do not consider local safety or security would be compromised by the proposal.

6.13. The matter of hygiene, which is noted in the objections, is controlled by separate

legislation and cannot be taken into account. Similarly, any conflict with restrictive covenants which prevent the sale of alcohol within the Bournville estate is a non-planning matter.

7. Conclusion 7.1. This application is recommended for approval. The change of use appears to have

occurred incrementally and in response to the growing popularity of the business. The proposal complies with UDP policies 8.6 and 8.7 and with the NPPF. The mix of uses within the site makes an important and positive contribution to the vitality and viability of this local centre and should be regularised by the granting of planning permission.

8. Recommendation 8.1. Approve subject to conditions 1 Requires the scheme to be in accordance with the listed approved plans

2 Requires the submission of details of a high velocity cowl to be fitted to the existing

flue

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3 Limits the hours of use to 8am-5pm Mon-Fri, 8am-4pm Sat and 10am-1pm Sun Case Officer: Amy Stevenson

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Photo(s)

Figure 1: Front elevation of application property

Figure 2: Interior of application property

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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