PLANNING COMMITTEE

16th October 2012

SCHEDULE OF APPLICATIONS

REPORT OF THE DIRECTOR (COMMUNITIES, PLANNING & PARTNERSHIPS)

BOROUGH OF TAMWORTH

PLANNING COMMITTEE

SCHEDULE OF APPLICATIONS

16th October 2012

A Reports for Consideration 3 B Appeals Received 1 C Appeal Decisions 0 D Consultations 0

BACKGROUND PAPERS

Staffordshire & Stoke on Trent Structure Plan 1996 - 2011 Tamworth Local Plan 2001 - 2011 Emerging Tamworth Local Plan 2006 - 2028 All other documents referred to in individual reports

SUMMARY OF PLANNING APPLICATIONS FOR DETERMINATION

Part A Reports for consideration Application Number: 0261/2012 Development: Proposed sports hall with supporting facilities, including multi-use activity room

and changing rooms Location: Landau Forte Academy, Ashby Road, Tamworth, Staffordshire, B79 8AH Target Date: 19/11/2012 Recommendation: Approve subject to conditions ………………………………………………………………………………………………………………………………

. Application Number: 0292/2012 Development: Application for reserved matters for 2174sqm mezzanine space within retail

units (outline 0113/2009) Location: Cardinal Point Winchester Road Tamworth Staffordshire B78 3HG Target Date: 14/12/2012 Recommendation: Approve subject to conditions ………………………………………………………………………………………………………………………………

. Application Numbers: 0302/2012, 0303/2012, 0304/2012 Development: Prior notification of proposed demolition of garages Location: Garages at Callis Walk, Garages at Stonehill Walk and Garages at Bakers

Walk, Hockley, Tamworth Target Date: 23 October 2012 Recommendation: Approve ………………………………………………………………………………………………………………………………

. Part B Appeals received Neighbouring Authority Notification of receipt of an Appeal from North Warwickshire Borough Council on Application Ref: PAP/2011/0623 Appeal Ref: APP/R3705/A/12/2183052

Development: Erection of a single 67 metre tall, 330kw wind turbine and associated

infrastructure

Address: Granada Service Station Tamworth Motorway Services Area Green Lane, Dordon, B77 5PS (Grid Ref: Easting 424380.87, Northing 301033.99)

Recommendation: For information only

Application Number: 0261/2012 Development: Proposed sports hall with supporting facilities, including multi-activity

room and changing rooms Location: Landau Forte Academy, Ashby Road, Tamworth Target Date: 19th November 2012 1. Proposal

The application proposes the construction of sports hall with associated changing and showering facilities and a multi-activity room. The building will be positioned adjacent to the existing Landau Forte school building and will be set into the sloping land. This enables the Academy to provide the facility without building on any established playing pitches or land capable of use for pitches. The building will be constructed in similar materials to the existing Academy and is designed in a similar contemporary style. The area between the existing Academy and the proposed sports hall will be set out as a landscaped ‘plaza’ style area similar to those between the teaching blocks of the Academy.

1.1 The building provides a double height (9.1m high clear of services) multi use sports hall with an area of 19.6m x 33.6m (660sq m). The space has been designed with input from the ECB and Sport England to cater for Elite Cricket (4 courts) but a number of facilities for other sports will be available. These include 4 badminton courts, basketball facilities, five a side football, futsal (a version of indoor football), netball, volleyball and gymnastics. A further multi-activity room will provide space available for use by a number of sports clubs or other activities such as a dance studio, aerobic studio, or could function as additional teaching space, dining/café space. A kitchen servery area will also be provided with direct access to the multi-activity room. A large internal viewing gallery will be provided along with an external terrace seating area with views over the nearby sports fields. A reception area and an administration office will also be provided.

1.2 During school hours (8am to 5pm) the sports hall is intended to be operated exclusively by Landau Forte Academy and Queen Elizabeth’s Mercian School, functioning as additional facilities to those that already exist. Outside these hours such as weekends and 5-10pm weekdays, the hall will be made available for community use.

2. Site and Surroundings

2.1 The site is located to the north of Tamworth Borough and is positioned with access from two points along Ashby Road. Around the periphery of the site there are a number of residential dwellings. Queen Elizabeth’s Mercian School (QEMS) fronts Ashby Road and has further buildings to the rear and is now operated in conjunction with the Academy.

2.2 To the rear of the red brick buildings fronting Ashby Road and appearing as a prominent feature in the area is the newly constructed Landau Forte Academy building. This building is designed in a contemporary fashion, uses modern materials such as curtain glazing systems and zinc cladding, and sits within hard and soft landscaped grounds when viewed from the road. Playing fields exist to the rear of the building. Across the site a total of 184 car parking spaces exist. Landau Forte Sixth Form Centre opened in September 2011 and is now understood to be up to its full complement of students.

3. Key Issues

• The design and aesthetic appearance of the proposed sports hall • The integration of the proposal with pedestrian routes through the site and the effect on

security and ‘troublesome meeting places’ • The effect of the proposal on residential properties in the vicinity of Academy • The loss of trees from the site • Junction capacity, car parking capacity and the effect of construction traffic on the

operation of the school

4. Conclusion

The modern design of the proposed building is judged to be in keeping with the contemporary character of the existing Academy. The subterranean approach to taken is considered to be a positive design step that aids integration of the building within the site and helps hide the mass of the main hall element. Careful attention will need to be paid to the landscape treatments proposed and the finished levels around the building in order to ensure the building assimilates into its setting, in order to promote use of the route by pedestrians and to avoid creating a troublesome meeting point. The effect of the proposal on neighbouring dwellings to the site has been carefully assessed during the application and it is deemed neighbouring dwellings will not be subject to unacceptable levels of increased disturbance as a result of the development. Despite the undesirable loss of trees, the broader design constraints are given more weight in steering the siting of the development, and a scheme of appropriate mitigation and compensatory planting will be secured by condition. The submitted survey indicates there is adequate car parking capacity within the existing site and the Site Facilities Management Plan secured by condition will ensure simultaneous events do not occur which lead to demand on parking in excess of the site capacity. As such the application is considered to be in compliance with National Planning Policy Framework Paragraphs 17, 99, 109, 110, Staffordshire and Stoke Structure Plan 1996-2011 Policies D2, NC13 & T13 and Tamworth Local Plan 2001-2011 Policies HSG14, TRA3 and ENV19.

Recommendation Approval with conditions

0261/2012

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5. Relevant Site History

In May 2010 Landau Forte Trust obtained planning permission from Staffordshire County Council (App T.10/01) to build a new post 16 education facility on the site of the existing Queen Elizabeth’s Mercian School in Tamworth which opened September 2011.

6. Statutory Consultation Responses 6.1 Tamworth Borough Council - Environmental Health

Have taken all available information in to account and wish to raise no objections to the submitted proposal.

6.2 Tamworth Borough Council - Community Leisure

Would welcome a new build sports hall as there is significant under provision of this type of facility within the Borough. However it is common that club bookings will take up most of the time that the facility will be available for public use. Whilst this is not a major concern, it would be preferable if some pay and play facilities for general public use could be made available.

6.3 Tamworth and Lichfield Joint Waste Service

Commercial Waste must be securely contained in suitable containers that cannot be kicked over, vandalised or otherwise interfered with. The road surface should be sufficient to take a 32 tonne vehicle and sufficient space should be available to allow safe manoeuvring of the refuse collection vehicle. Refuse and Recycling collectors should have a pull distance of no greater than 10m.

6.4 Staffordshire County Council (Highways Authority)

In light of submitted car parking capacity assessment the Highways Authority has no objections to the application subject to the following conditions:

• The use of the proposed facility by members of the community shall be restricted to the hours 17:00-22:00 on weekdays during term time.

• No development shall be commenced until details have been submitted to and approved in

writing by the local Planning Authority indicating a Site Facilities Management Plan. The proposed Plan shall thereafter be implemented in accordance with the approved details prior to first use of the facility and thereafter adhered to for the life of the development.

• Notwithstanding the details contained in "Section 4.0 - Construction Traffic" of the submitted

BWB Highway Report, details shall be submitted to and approved in writing by the local Planning Authority indicating Contractor Parking Area. The contractor parking area shall thereafter be provided prior to the commencement of construction phase and thereafter retained for the duration of the construction period of the development

6.5 Staffordshire Wildlife Trust

There do not appear to be significant ecology issues with the proposal, although we would encourage enhancements for wildlife to offset the loss of green space and trees resulting from the proposal. Such enhancements could include wildlife friendly landscape planting, climbers, green roofs, bat and bird features and sustainable drainage measures. Further advice on biodiversity enhancements is available to developers if required.

6.6 The Coal Authority

There is no requirement for a formal Coal Mining Risk Assessment to be submitted however there is a requirement for the Coal Authority’s standing advice note to be included as an informative if the application is approved.

6.7 Sport England

Part of the site constitutes a playing field as defined in the Town and Country Planning (Development Management Procedure) Order 2010. Sport England has therefore considered the

application in light of its playing fields policy, which in short seeks to resist the loss of playing fields or works which would otherwise reduce opportunities for participation in sporting activities.

Whilst the location of the sports hall is on a playing field, the slope of the land in this location, the proximity to the adjacent school building and the scattered trees would mean the land could not be laid to sports pitches. Whilst there is a limited amount of the land which could form part of a pitch, Sport England considers the application satisfies both E3 and E5 of the Playing Field Protection Policy. As such Sport England do not wish to raise an objection to the application provided the following condition is imposed on any favourable decision:

‘The sports hall hereby permitted shall be located in accordance with the approved plans and shall be constructed in accordance with the Design and Layout details as approved and as set out in the Sport England Technical Guidance Notes to include ‘Sports Halls: Design and Layout Design Guide (Feb 2012)’ unless otherwise agreed with the Local Planning Authority in writing and in consultation with Sport England. Reason: To ensure the development is fit for purpose, subject to high quality design standards, is sustainable and to accord with Tamworth Local Plan Policy ENV19.’

6.8 Severn Trent Water Ltd

No objections subject to the inclusion of the following condition:

‘The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. Reason: To ensure the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flood problem and to minimise the risk of pollution.’

6.9 Staffordshire Police Architectural Liaison Officer

Initial comments stated No objections in principle to the proposal provided measures to reduce the vulnerability of the building are incorporated. One particular area of vulnerability is also noted, this is:

The open area below the terrace to the rear of the sports hall. This could potentially become troublesome meeting place during school hours or outside school hours. Out of sight locations such as this often function as congregation points where students may partake in smoking or bullying as a result of relatively limited surveillance. In addition there are always periods when the grounds are not in legitimate use and often individuals will head for areas of least surveillance such as blind corners, recessed doorways and partake in attempted arson, burglary, graffiti or other forms of vandalism.

Updated comments have since been received raising no objections subject to conditions ensuring provision of adequate CCTV monitoring.

7. Public Representations

7.1 A total of 5 public representations have been received. Broadly all representations are in support of the proposal citing that Tamworth is in need of this type of facility to permit sporting activity all year round. However a number of individuals have raised concerns, in summary, about the following issues:

• There are already a number of sports clubs interested in the using the facility in addition to those who already use the outdoor pitches. Parking facilities at the site are limited, on street parking around the site has already led to complaints from residents and with no nearby alternative car parks, it would not be convenient for users with equipment to park further away. As a result parking will be an issue and no further provision is proposed to be made by the Academy. The issue will be exacerbated further if other events are taking place in the Sixth Form, School or multi-activity centre. Additional car parking should be provided within the grounds and this would be beneficial to all concerned.

• There are a number of mature trees on the site, some of which will be removed. No compensatory provision is proposed to be made elsewhere in the grounds.

• The application indicates linkage into the existing drainage system with no further information on the use of Sustainable Urban Drainage techniques to accommodate the surface water runoff resulting from the building.

• The design of the front elevation is plain and not in keeping with the otherwise attractive and modern academy. More attention needs to be paid to the design of the building overall to improve the visual appearance and to identify the purpose of the building. The design should be innovative to accord with the neighbouring building, should stand out in its own right and therefore contribute to a sense of place. The NPPF ministerial foreword states:

‘Out standards of design can be so much higher, we are a nation renowned worldwide for creative excellence, yet at home, confidence in development itself has been eroded by the too frequent experience of mediocrity.’ Whilst the design is not considered to be mediocre, there are opportunities to be gained by seeking to improve further upon the submitted proposal.

• Taking into account the periodic traffic problems that have historically occurred at Fountain Junction, further traffic impact analysis is required to ensure the proposal does not exacerbate this issue.

8. Planning Considerations

The key issues in the determination of this application are considered to be:

1) The design and aesthetic appearance of the proposed sports hall 2) The integration of the proposal with pedestrian routes through the site and the effect on security

and potential ‘troublesome meeting places’ 3) The effect of the proposal on residential properties in the vicinity of Academy site 4) The loss of trees from the site 5) Whether sufficient car parking capacity exists to accommodate the increased intensity of use

resulting from the new facility 6) Other Issues

The design and aesthetic appearance of the proposed sports hall

8.1 The application was considered by the South Staffordshire Partnership - Design Review Panel on the 4 October 2012. This report summarises the views of the Panel and their formal response will be included in the Planning Committee Update.

8.2 The Panel considered that the proposal made good use of the site contours to help hide the mass of the building, that the steps towards integrating pedestrian movement through between the buildings would be important to the success of the scheme and that the clean look of the building in the amended plans was positive.

8.3 Some areas of concern included the level of detail provided with regard to hard and soft landscaping and it was felt this would be a crucial factor if the scheme was to succeed. The panel raised concerns about retrospective additions to the building (such as plant on the roof) could spoil the clean appearance of the building. They were also concerned about the finished ground level around the building and what measures had been taken to minimise spoil removal from the site for sustainability reasons.

8.4 Officers are in agreement that insetting the building helps to hide its mass, that overall the building is reflective of the existing Academy and that the modern appearance of the proposal will not appear out of context in this area. Officers intend to address the detailed hard and soft landscaping via condition, along with the details relating to more precise sectional drawings showing finished land levels around the building. The success of the pedestrian flow through the area will hinge upon the quality of the landscaping proposed but it is felt such detail should be explored in more depth as part of a discharge of condition application and would not typically be dealt with as part of a full application.

8.5 With regard to retrospective additions, in most instances these would be likely to require planning permission in their own right. However rights to alter Schools, Colleges and Universities do exist under the 2010 amendments to Part 32 of the General Permitted Development Order 1995 and thus it would depend on the nature of the changes proposed.

8.6 With regard to spoil disposal, this is primarily covered under the Construction Waste Management Plan Regulations 2008 and is the responsibility of the principle contractor. Nevertheless there would seem scope to reuse some of the material on site and given this redistribution of material would require permission in its own right being an engineering operation, Officers consider it would be appropriate to condition the provision of a scheme which details how much excavated there will be, where it will be reused on the site and how it will be disposed of off-site.

8.7 Therefore whilst there are areas within the scheme that could be more detailed, it is considered all of these areas can be addressed through the submission of details required by conditions. Subject to conditions requiring details for hard and soft landscaping, sectional drawings showing finished land levels and a strategy for spoil reuse and disposal, Officers consider the application would meet the requirements of NPPF paragraph 17, Staffordshire and Stoke Structure Plan 1996-2011 Policy D2 and Tamworth Local Plan 2001-2011 Policy ENV19.

Pedestrian Routes and Security

8.8 Initially one area of concern flagged by the Police Architectural Liaison Officer was the redundant area beneath the canopy to the rear of the sports hall. This are exists outside a plant room door which presumably will seldom be in use. Officers also flagged that the plaza area between the buildings has the potential to be relatively under used as a result of the enclosed, overshadowed nature of this space and in turn this could lend to the area becoming troublesome meeting point. Officers did question whether provision of outside space in this location is the most appropriate solution. However the Academy considers there is no reason to alter the design proposed.

8.9 Since the initial concerns regarding pedestrian routes were raised, the applicant has provided a commitment to enhancing the use of the area between the buildings, during and outside school hours, by ensuring the route is lit and is the main obvious pedestrian route to access the sports pitches beyond. Signage and amended steps down to the area that are befitting a more formal well used route are now proposed and appropriate landscaping could be included to enhance this perception further. Officers consider it would be appropriate to consider the formal treatment of this space and its integration with the existing pedestrian route in more depth as part of a formal hard and soft landscaping scheme to be secured by condition.

8.10 With regard to security, there will be inherent benefits through passive surveillance resulting from the use of the route. The area is also intended to be used by the Art department who occupy the classrooms adjacent to this corner and it is envisaged this department will be responsible to some extent for informally policing the space during the day. The applicant has provided more information on the hours of use of the site stating that staff are on site from 0600-2200 weekdays and only slightly reduced hours at the weekend and that caretakers regularly patrol the site during this time. Outside of these hours the applicant has made a commitment to ensuring monitored CCTV covers potentially vulnerable areas such as the space beneath the terrace. In light of this information the Police Architectural Liaison Officer now raises no objections and Officers initial concerns appear to have been addressed subject to conditions ensuring adequate CCTV coverage.

8.11 Therefore subject to conditions which ensure CCTV is provided within 1 month of the building being brought into use and consultation with the Police ALO on the landscaping scheme proposed, Officers consider the proposed development is in compliance with Tamworth Local Plan Policy ENV19 with regard to ensuring adequate security.

Effect on neighbouring properties

8.12 Although the representations received do not raise the issue of the effect of the proposal on residential properties bordering the site, it is considered this is a pertinent issue. The increased use of the site (particularly during the winter months, when outside activities may have been less previously) combined with the additional flexible space will result in more activity on the site than was previously the case. The main properties likely to be affected by this increased activity are those near to the vehicular accesses.

8.13 Environmental Health officers raised no concerns with regard to the proposal as put forward. This specifically includes opening hours restricted to 07:45-22:00 Monday to Saturday and 08:45-22:00 on Sundays and Bank Holidays. Officers consider for many properties the proximity of traffic to the residential dwellings concerned would be much the same as that travelling along Ashby Road where no restrictions exist. Whilst some properties may be subject to slightly more disturbance than at present such as those in Standon Gardens or on Perry Close, the site is a functional public facility

and the disturbance would be confined to reasonable hours finishing at the latest at 10pm. This restriction would be consistent with the use of the main Landau Forte site which is restricted by condition under the original application T.10/01.

8.14 In conclusion officers do not consider neighbouring residential properties would be subject to unacceptable levels of increased disturbance as a result of the proposal and subject to conditions the application would be in compliance with Staffordshire and Stoke Structure Plan 1996-2011 Policy D2 and Tamworth Local Plan 2001-2011 Policy ENV19.

Loss of trees and compensatory provision 8.15 A tree survey was not submitted as part of the original application. A survey was requested early in

the process and was received. Unfortunately survey did not adequately consider all trees affected by the proposal, did not specify a scheme of measures to be implemented during the construction process to ensure protection of retained trees and the survey did not make suitable recommendations for compensatory provision for the trees lost.

8.16 Plans have since been received which document the trees to be retained and removed. The

Council’s Tree Officer has visited the site and raised no significant concerns about the proposal to remove existing trees providing adequate compensatory planting is carried out. Given some of the removed trees are relatively newly planted, it would seem possible to relocate smaller trees to the area to the northeast, where existing mature trees exist. It was also acknowledged there is little scope for relocating the proposed building to avoid loss of the trees. Any relocation would compromise one of the key design elements of the scheme and would make the building much more prominent in the landscape than currently proposed, whilst also being likely to have to be moved closer to residential properties or to be constructed on a sports pitch. Both of which are undesirable alternatives.

8.17 There are no objections in principle from the Council’s Tree Officer to the removal of the trees. The

removal of the trees, although undesirable, is unavoidable and provided suitable compensatory provision is made the long term effects are considered acceptable Where possible trees will be relocated before works commence and protection provided for retained trees during the construction phases. Officers consider the proposal would not run in conflict with Tamworth Local Plan Policy ENV9.

Traffic, car parking capacity and construction traffic 8.18 The Highways Authority specified a junction a capacity assessment would not be necessary

because the public hours of operation of the proposed building would be outside peak periods of usage such as school drop off or collection times. In addition as the site can broadly accommodate these spikes in usage and the maximum usage associated with the sports hall at any one time would be much less.

8.19 A parking capacity assessment was requested and has been provided. The submitted survey states

there are a total of 184 spaces provided on the site. The construction of the sports hall will result in the loss of one space from the site as four spaces will be converted to three accessible spaces. Evening classes are carried out at within the Academy building along with performing arts, media and other sports and gym classes. There are also currently 14 sports pitches on the site which are hired out to local teams from 3:30pm to 9:30pm weekdays and 10am till dusk at weekends. The submitted survey seeks to consider the existing use of the site from 5pm to 10pm at night to assess what spare parking capacity exists. The survey hours coincide with the intended public operating hours of the proposed Sports Hall. Outside of these hours the hall will be closed or available to pupils only.

8.20 The survey found the highest demand was between 1700 and 1730 hours presumably whilst school

employees were still on site. During this period the average parking demand was at around 60% of the 184 spaces available leaving around 70 spaces vacant. After 1730 parking demand fluctuated between 20% and 40% of the 184 capacity leaving around 110 to 150 spaces available.

8.21 The survey asserts that with a minimum of 70 spaces being available during the worst case 1700-

1730 period, and a general availability of greater than 110-150 spaces outside this time, it is concluded the existing parking provision would be sufficient to cater for the maximum anticipated 45 users per session within the building.

8.22 The outcome of the survey indicates sufficient capacity within the site exists. On that basis the

Highways Authority have no objection to the proposal subject to conditions ensuring the facility shall only be used by the public outside school hours otherwise sufficient parking capacity would not exist. The Highways Authority also wish to see a condition requiring the provision of a site facilities management plan that details how the Sports Hall, QEMS and Landau Forte will seek to coordinate events to ensure that parking on the site is not oversubscribed in order to avoid overspill into neighbouring areas.

8.23 With regard to the construction traffic and health and safety, the construction activity is anticipated to

involve 40 staff and 5 transit vehicles per day throughout the 10 week construction process. Throughout the majority of the build programme it is anticipated that less than 2 HGVs a day will visit the site. The exception to this would be a week period where earthworks for the digging in of the building could lead to a worst case scenario of 10 tipper vehicles per day exporting material off site. It is intended to retain as much material on site as possible. Throughout the build process all construction traffic will be closely controlled only accessing the site outside the main school arrival and departure times to avoid conflict with school users. In addition there is a requirement under Health and Safety legislation and the Construction Design and Management Regulations 2007 that all site specific aspects (such as the potential presence of children around the site) are taken into account during the construction process and that adequate measure are put in place to alleviate concerns.

8.24 Officers consider the steps taken such as avoiding peak times, will minimise disturbance to

Tamworth Town Centre and patrons using the school. However some disturbance during the 10 week period is likely to occur and officers and the Highways Authority would wish to see a more formal plan of the measures to be taken to minimise disturbance and maximise reuse of on-site material. This can be secured by condition through the provision of a Construction Traffic and Environmental Management Plan which must then be adhered to during the build process.

Other Issues

8.25 Tamworth Borough Council Community Leisure team would welcome a new build sports hall as

there is significant under provision of this type of facility within the borough. However they would wish to see some opportunity for Pay and Play if possible but also bearing in mind whether this is financially viable for the school. The applicant has made a commitment to providing some pay and play provision on Friday evenings and Saturday mornings but as the site is privately owned Officers do not consider conditions would be appropriate to secure this arrangement long term as this is not specifically planning matter.

8.26 Refuse collection is intended to be dealt with as a campus using the existing provision for the site.

This is understood to meet secured by design specifications and the best practice points contained within the Waste Consultees response.

8.27 In the spirit sustainability and promoting opportunities for the inclusion of bio-diversity enhancement

measures, Officers are in agreement that a scheme of measures should be incorporated into the proposed development. A condition securing such measures is considered appropriate and would comply with NPPF paragraphs 109 & 110.

8.28 The rainwater run off from the building will be significant when contrasted against the permeable

area lost. As a result the applicant has provided details of how the run-off will be dealt with and how this will be tied into the existing Sustainable Urban Drainage System constructed when the academy building was first built. Compliance with these plans will offset this concern and will avoid exacerbating flooding issues elsewhere. As such the proposal is in compliance with NPPF paragraph 99.

9. Conclusion 9.1 The modern design of the proposed building is judged to be in keeping with the contemporary

character of the existing Academy. The subterranean approach to taken is considered to be a positive design step that aids integration of the building within the site and helps hide the mass of the main hall element. Careful attention will need to be paid to the landscape treatments proposed and the finished levels around the building in order to ensure the building assimilates into its setting, in order to promote use of the route by pedestrians and to avoid creating a troublesome meeting

point. The effect of the proposal on neighbouring dwellings to the site has been carefully assessed during the application and it is deemed neighbouring dwellings will not be subject to unacceptable levels of increased disturbance as a result of the development. Despite the undesirable loss of trees, the broader design constraints are given more weight in steering the siting of the development, and a scheme of appropriate mitigation and compensatory planting will be secured by condition. The submitted survey indicates there is adequate car parking capacity within the existing site and the Site Facilities Management Plan secured by condition will ensure simultaneous events do not occur which lead to demand on parking in excess of the site capacity. As such the application is considered to be in compliance with National Planning Policy Framework Paragraphs 17, 99, 109, 110, Staffordshire and Stoke Structure Plan 1996-2011 Policies D2, NC13 & T13 and Tamworth Local Plan 2001-2011 Policies HSG14, TRA3 and ENV19.

Conditions: 1. The development shall be started within three years of the date of this permission. Reason: To

comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The development hereby granted consent shall only be carried out in accordance with the

application form, the Design and Access Statement Rev B and Drawing Numbers: SK002 Rev C, SK003 Rev A, SK004 Rev A, 12414-240 Rev B, 201 Rev 3, 202 Rev 3, 203 Rev1, 211 Rev 2, 212 Rev 2 unless otherwise agreed in writing by the Local Planning Authority. Reason: To define the consent.

3. The entirety of the sports hall facility hereby permitted shall only be open for use during the hours of

0745 to 2200 Monday to Saturday inclusive and 0845 to 2200 on Sundays and Bank Holidays. During these hours the sports hall shall only be used by pupils and staff of Landau Forte Academy and Queen Elizabeth’s Mercian School during the hours of 0745 to 1700 on weekdays and shall be open for general public use during the remaining permitted hours. Reason: In accordance with the proposed hours of operation and in the interests of ensuring adequate car parking capacity is available to accommodate patrons visiting the sports hall.

5. Notwithstanding the submitted drainage information shown on Drawing 12414-240 Rev B, the

construction of foul and surface water drainage shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. Reason: To ensure the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flood problem and to minimise the risk of pollution in accordance with NPPF Paragraph 99.

6. Prior to the commencement of the development hereby permitted, a strategy and detailed plans

shall be submitted and approved in writing by the Local Planning Authority showing the extent of the anticipated excavated material, where and how this will be re-used on site and details of how and where exported material will be disposed of off-site. Once approved all spoil resulting from the works shall be disposed of in accordance with the approved strategy. Reason: In the interests of minimising vehicular trips to and from the site, in order to minimise disturbance to neighbouring residents and in the interests of sustainability in accordance with Staffordshire and Stoke Structure Plan Policy D2.

7. Before the building hereby permitted is brought into use, a CCTV coverage plan and monitoring

specification shall be submitted to and approved in writing by the Local Planning Authority which demonstrates the potential ‘troublesome meeting places’ referenced within the Police ALO comments will be subject to adequate surveillance. The CCTV for the site shall then be provided in accordance with the approved plan within 1 month of the building being brought into use. Reason: In the interests of ensuring adequate security and minimising the potential for antisocial behaviour in accordance with Tamworth Local Plan Policy ENV19.

8. Prior to the commencement of the development hereby permitted and notwithstanding the submitted

landscaping information shown on drawing 9000 Rev A and 211 Rev 2, a detailed scheme of hard

and soft landscaping (including site sections showing finished ground levels around the building, tree and shrub planting, walling, seating, lighting, signage and surfacing) shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be completed in accordance with the approved details within the first planting season following the development being brought into use. Any trees dying, being severely damaged or diseased shall be replaced within the next planting season with trees of an equivalent size and species or in accordance with an alternative species agreed in writing by the Local Planning Authority. Reason: In order to ensure the site is adequately landscaped to integrate into the wider area, to maximize pedestrian flow through the site to the pitches beyond and in order to ensure high quality design in accordance with Tamworth Local Plan Policy ENV19.

9. Prior to the commencement of the development hereby permitted, a full tree strategy containing

details of proposed compensatory planting to offset removed trees shall be provided and agreed by the Local Planning Authority along with a strategy detailing how the relocation of existing trees from the site is intended to be carried out. In addition and also prior to the commencement of development, a scheme demonstrating how retained trees shown on the approved plans will be protected during the construction process shall be submitted to and agreed in writing by the Local Planning Authority. Once approved, the development thereafter shall be carried out in accordance with the approved strategies and all replacement planting shall be carried out within the next planting season following occupation of the building. Reason: In the interests of ensuring adequate compensatory planting is provided to offset the loss of trees from the site in accordance with Tamworth Local Plan Policy ENV9.

10. Prior to the commencement of development a scheme of biodiversity enhancement measures shall

be submitted to and agreed in writing by the Local Planning Authority. Thereafter the development shall be carried out in full accordance with the approved scheme and shall be completed within six months of occupation of the building, if not before. Reason: In the interests of ensuring the inclusion of measures to offset the loss of green space as a result of the development in accordance with NPPF paragraphs 109 & 110

11. Notwithstanding the details contained in "Section 4.0 - Construction Traffic" of the submitted BWB

Highway Report, Prior to the commencement of the development a formal Construction Traffic and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority. The management plan shall include a contractor parking area which shall be retained for the duration of the construction period of the development. Thereafter the development shall be carried out in accordance with the agreed plan. Reason: In order to minimise disturbance to neighbouring residents and town centre traffic flows and in order to explore what extent of material can be retained on site in accordance with NPPF paragraph 17.

12. The sports hall hereby permitted shall be located in accordance with the approved plans and shall

be constructed in accordance with the Design and Layout details as approved and as set out in the Sport England Technical Guidance Notes to include ‘Sports Halls: Design and Layout Design Guide (Feb 2012)’ unless otherwise agreed with the Local Planning Authority in writing and in consultation with Sport England. Reason: To ensure the development is fit for purpose, subject to high quality design standards, is sustainable and to accord with Tamworth Local Plan Policy ENV19.

13. No development shall be commenced until details have been submitted to and approved in writing

by the local Planning Authority indicating a Site Facilities Management Plan. The proposed Plan shall thereafter be implemented in accordance with the approved details prior to first use of the facility and thereafter adhered to for the life of the development. Reason: In order to ensure sufficient parking capacity is retained at all times on site to avoid overspill to neighbouring areas in accordance with Staffordshire and Stoke Structure Plan Policy T13.

Informative Note(s) 1. The proposed development lies within a coal mining area which may contain unrecorded mining

related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority.

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine

entries (shafts and adits) requires the prior written permission of The Coal Authority.

Property specific summary information on coal mining can be obtained from The Coal

Authority’s Property Search Service on 0845 762 6848 or at www.groundstability.com

Application Numbers: 0302/2012, 0303/2012, 0304/2012 Development: Prior notification of proposed demolition of garages Location: Garages at Callis Walk (0302/2012), Garages at Stonehill Walk (0303/2012)

and Garages at Bakers Walk (0304/2012), Hockley, Tamworth Target Date: 23rd October 2012 1. Proposals 1.1 The applications seek to ascertain whether prior approval is required for the proposed demolition of

Tamworth Borough Council owned garages on three separate sites.

1.2 Application 0302/2012 - On Callis Walk a portion of the garages existing will be demolished in accordance with the submitted site plans.

1.3 Applications 0303/2012 and 0304/2012 - On the remaining two sites all garages are intended to be removed.

1.4 Once demolished the sites will be cleared, surfaces will be made good and repaired as necessary, all raised edges and trip hazards will be removed and the spaces will be made available for car parking.

2. Site and Surroundings 2.1 The three garage sites subject to the applications are positioned to the south of Tamworth Borough

close to Wilnecote High School and are accessed from Tinkers Green Road. There are a number of three and four storey maisonettes focused around the central Cottage Walk neighbourhood shopping area which backs onto the playing fields associated with Wilnecote High School. Immediately adjoining Tinkers Green Road there are rows of inward looking terraced properties with rear elevations facing onto communal parking areas and vehicular access areas where the majority of the garages are located.

2.2 The garages were built in the late 1960’s and typically have an average life expectancy of 40-50 years. The buildings are built as standalone blocks constructed from concrete sectional panels forming the walls, concrete beams, concrete floor slabs and generally metal up and over doors. The fascia boards are timber and the rainwater goods are UPVC. The roofs are generally clad with corrugated asbestos cement sheets. An asbestos report has been obtained and no other asbestos containing materials have been found. Measures to dispose of the asbestos by a qualified individual are put forward in the application.

2.3 The area is predominantly Council owned and according to data on the Neighbourhood Statistics website (taken from the Indices of Deprivation 2010) is comparatively deprived showing medium to high levels of deprivation in the following in terms of income, education and employment. These statistics also indicate the area suffers from relatively high levels of crime. The wider area concerned is referenced in the Emerging Tamworth Local Plan 2006-2028 as the Tinkers Green Regeneration Priority Area.

3. Key Issues

• Whether repair and retention of the buildings is possible or preferable • Whether sufficient justification exists for the demolition of the buildings • Whether the site restoration proposed is acceptable and how this fits with the wider agenda

for the regeneration of the area 4. Conclusion 4.1 The applications propose the demolition of three sets of garage blocks within the Tinkers Green

Regeneration Priority Area. The blocks are not considered to be of special merit that is worthy of retention and the submitted structural survey indicates that the current condition of the garages

would prohibit cost effective and satisfactory long term repair. Officers consider the appearance of the existing garages does little to enhance the image of the area and thus removal and site restoration to enable car parking, would constitute an enhancement whilst also supporting the regeneration priorities identified within the Emerging Tamworth Local Plan. Consequently the development is judged to comply with Staffordshire and Stoke Structure Plan 1996-2011 Policy D2 and Tamworth Local Plan 2001-2011 Policy ENV19.

Recommendations Application 0302/2012 - Approve Application 0303/2012 - Approve Application 0304/2012 – Approve

0302/2012, 0303/2012 & 0304/2012

©Crown copyright and database rights 2011. Ordnance Survey 100018267

5. Relevant Site History 5.1 No relevant site history on file

6. Statutory Consultation Responses 6.1 Tamworth Borough Council - Environmental Health:

No objections to any of the demolitions

7. Public Representations Received

No public representations received at the time of production of this report.

8. Planning Considerations 8.1 The key issues in the determination of the applications are considered to be:

1) The character or historic significance of the buildings 2) Whether sufficient justification exists for the demolition of the buildings 3) Whether the site restoration proposed is acceptable and how this fits with the wider agenda for

the regeneration of the area Character of buildings

8.2 The character of the garage buildings is not judged to be of significance that is worthy of retention in terms of character, appearance or heritage value. The buildings are pre-fabricated concrete structures that now appear dated and in various cases are in some degree of disrepair.

Justification for demolition

8.3 A structural survey has been submitted which documents the investigation of the garage building by a civil engineer. Of all the garages considered those on Stonehill Walk were judged to be in the best condition. The worst garage set were those on Linthouse Walk which were considered dangerous and a potential health and safety risk. The garages on Linthouse Walk do not form a part of the application up for consideration as authorization under the emergency demolitions process has already been given for their removal. As such prior approval for the demolition of the garages on Linthouse walk is not required.

8.4. With regard to the other garages, in many instances failed lintels, cracked and spalled concrete support posts and timberwork with some units being out of line and plumb and having the potential to become unstable. In all cases elements of disrepair are documented within the structural engineers report. The engineer asserts generally the combination of damage to the concrete posts and panels from corrosion and impacts has resulted in a situation where it is unlikely that cost effective and satisfactory repairs can be carried out. As in most cases the roofs are of poor quality there seems little merit in replacing the failing walls alone. The structural engineer concludes that structurally the majority of units cannot be regarded as satisfactory and removal would be preferable to piecemeal short term repair.

Site Restoration and Regeneration

8.5 Officers see no reason to resist the removal of the garages which in some cases will improve natural surveillance along the row and thus have the potential to reduce the vulnerability of vehicles which otherwise were screened from public view by existing garage blocks. The buildings are not of sufficient merit to warrant special protection and the removal will increase the parking capacity of the estate when the site is restored. By virtue of the condition of many of the garage blocks, officers consider the blocks create a negative image and milieu which in turn could reinforce the occurrence of antisocial behaviour with the area. This would be in line with Wilson and Kelling’s (1982) Broken Windows Theory which asserts disrepair (or litter or untreated vandalism) is a sign that no one cares about an area and thus doing more damage will not matter. Removal of this negative influence therefore will constitute an enhancement to the character of the area and will support the regeneration priorities identified within the Emerging Local Plan.

9. Conclusion

9.1 The applications propose the demolition of three sets of garage blocks within the Tinkers Green

Regeneration Priority Area. The blocks are not considered to be of special merit that is worthy of retention and the submitted structural survey indicates that the current condition of the garages would prohibit cost effective and satisfactory long term repair. Officers consider the appearance of the existing garages do little to enhance the image of the area and thus removal and site restoration to enable car parking, would constitute an enhancement whilst also supporting the regeneration priorities identified within the Emerging Tamworth Local Plan. Consequently the development is judged to comply with Staffordshire and Stoke Structure Plan 1996-2011 Policy D2 and Tamworth Local Plan 2001-2011 Policy ENV19.

Application Number: 0292/2012 Development: Application for reserved matters for 2174sqm mezzanine space within

retail units (outline 0113/2009) Location: Cardinal Point Winchester Road Tamworth Staffordshire B78 3HG Target Date: 14/12/2012 1. Introduction 1.1 On 30th September 2009 outline planning consent was granted for the provision of 3,716 square

metres (40,000 square feet) of mezzanine floor within the retail development that has been provided at Cardinal Point. The cardinal Point development currently incorporates B & Q, Next Home, Maplin, Oak Furnitureland and Carpet Right with one vacant unit.

1.2 The outline planning permission required the submission of reserved matters relating to siting,

design and means of access. All reserved matters should be submitted for approval within 3 year of the date of the outline planning permission i.e. by 30th September 2012. This application was registered on 14th September 2012.

1.3 Separate approval of reserved matters has already been granted for mezzanine floors within Next

Home and Oak Furnitureland, with a total floor area of 1,541.5 square metres (16,594 square feet). The grant of this permission would preserve the right to provide the remaining 2,174.5 square metres (23,406 square feet). Once reserved matters are approved the developer would have 2 years to implement the works

2. Proposal 2.1 The proposal incorporates the provision of mezzanine floors within B&Q, Maplin, CarpetRight and

the vacant unit as follows:-

• B&Q 688 square metres ((7,406 square feet)

• Maplin 372 square metres (4,000 square feet)

• Carpet Right 557 square metres (6,000 square feet)

• Vacant unit 557 square metres (6,000 square feet)

2.2 Access to the mezzanine floors will be provided through the ground floor operation in the form of both stairs and lifts (with the exception of B&Q which will have stair access only)

3. Site and Surroundings 3.1 The site is located on the recently established cardinal Point development which lies to the west of

Ventura Park. The uses on the site trade in predominantly bulky goods

4. Key Issues

• Siting and design • Access

5. Conclusion 5.1 It is considered that the details of the siting and design of the mezzanine floor would not affect the

surrounding area. With the provision of lift and stair access to all public areas it is considered that all persons requiring access to the development will be able to do so. Given this situation it is considered that the development accords with the provisions of policy ENV19: High Quality Design as set out in the adopted Tamworth Local Plan 2001-2011

Recommendation Approval with conditions

0292/2012

©Crown copyright and database rights 2011. Ordnance Survey 100018267

BONEHILL ROAD

DUNSTALL LANE

A 453

Drain

BONEHILL ROAD

Drain

A 5

A 5

Drain

ETCHELL ROAD

VENTU

RA PAR

K RO

AD

WINCHESTER ROAD

VENTURA PARK ROAD

MEADOW

ROAD

MARSTON PARK

6. Relevant Site History 6.1 0345/2002 Mixed use development comprising class A1 bulky non food retail warehousing and

associated garden centre and builders yard, class B1 office, class B2 general industrial and class B8 distribution uses, together with new access arrangements Refused 23rd Feb 2004. Allowed on appeal by Secretary of State on 31st March 2006

6.2 0494/2008 Application for reserved matters for 7432 sq m of retail floorspace divided into two

units, with accompanying car parking and service yard (outline ref 0345/2002) 6.3 0048/2009 Reserved matters application for 7,432sqm of retail floorspace and outdoor

sales with associated car parking and service area pursuant to S73 planning permission 0412/2006. Approved 30th September 2009

6.4 0049/2009 Reserved matters application for 7,432sqm of retail floorspace with associated car

parking and service area pursuant to S73 planning permission 0412/2006 Approved 30th September 2009

6.5 0111/2009 Condition 9 (relating to the provision of mezzanine floors) to be deleted and

condition 20 (relating to the subdivision of the approved units) on application 0345/2002 to be 'The sub divided retail floorspace hereby approved shall be used for the sale of bulky comparison goods which for the purposes of this condition shall comprise DIY (to include home and garden improvement products), electrical goods, furniture, home furnishings, homewares, floorcoverings, office supplies, pets/pet products, sports goods, bicycles and car parts and accessories" and "At any one time not more than one unit of the sub divided retail floorspace hereby approved shall be used for the sale of pets/pet products and/or sports goods. Approved 30th September 2009

6.6 0112/2009 Reserved matters application for 7,432 sqm of retail floorspace with associated car

parking and service area pursuant to the Section 73 application (reference 0111/2009) Approved 30th September 2009

6.7 0113/2009 Outline application for 3716 sq m (40,000 sq ft) mezzanine space within the

retail element of the permitted development (reference 0345/2002). Approved subject to conditions 30th September 2009

6.8 0558/2010 Application for approval of reserved matters in respect of outline planning

permission 0113/2009 (mezzanine space within retail element). Approved subject to conditions 22nd November 2010

6.9 0166/2012 Application for reserved matters for 2174sqm mezzanine space within retail units

(outline 0113/2009). Approved subject to conditions 11th June 2012 7. Consultation Responses 7.1 Tamworth Borough Council (Environmental Health)

No objections

7.2 Staffordshire County Council (Highways)

No objections

8. Additional Representations 8.1 None

9. Planning Considerations 9.1 The principal of introducing mezzanine floors into the newly erected retail units has been accepted

at outline planning application stage. Consequently this application only considers the siting design and access issues of the development.

9.2 Insofar as siting is concerned the only issue relates to whether the amount of mezzanine floorspace has any impact on neighbouring uses or whether it exceeds the amount allowed by the outline planning consent. Insofar as impact is concerned as all works are internal there will be no impact on the neighbouring properties. Insofar as the amount is concerned the approval of this application would be well within the total of 3716 square metres permitted.

9.3 Insofar as design is concern the only work will be internal and there will be minimal impact on the external appearance of the buildings.

9.4 Insofar as access is concerned the property has facilities that enable customers to reach the mezzanine level irrespective of their ability, or disability and therefore the proposal is considered acceptable

10. Conclusion 10.1 It is considered that the details of the siting and design of the mezzanine floor would not affect the

surrounding area. With the provision of lift and stair access to all public areas it is considered that all persons requiring access to the development will be able to do so. Given this situation it is considered that the development accords with the provisions of policy ENV19: High Quality Design as set out in the adopted Tamworth Local Plan 2001-2011

Conditions / Reasons 1. The development hereby approved shall only be carried out in accordance with the application form, the supporting letter and drawing numbers9293A-60, 9293A-54 and 9293A-53, unless otherwise agreed in writing by the Local Planning Authority. Reason: To define the approval.

Informative Note(s)

1. By virtue of the Town and Country Planning Act 1990, your attention is drawn to the following statutory provisions and Code of Practice relating to the needs of disabled people: Sections 4, 7 and 8A of the Chronically Sick and Disabled Persons Act 1970, BSI Code of Practice BS5810:1979 relating to Access for the Disabled to Buildings, and the Building Regulations 1985 Approved Document M. Please ensure that you are taking account of these requirements.

Application Ref: PAP/2011/0623 Appeal Ref: APP/R3705/A/12/2183052 Development: Erection of a single 67 metre tall, 330kw wind turbine and associated infrastructure Address: Granada Service Station Tamworth Motorway Services Area Green Lane, Dordon, B77

5PS

Introduction The Borough Council have been notified by North Warwickshire Borough Council that Seren Energy have appealed against their decision to refuse an application for the erection of a single 67 metre tall, 330kw wind turbine and associated infrastructure. The application was refused for the following reason: lt is considered that the development does not meet the requirements of saved Policies ENV12 and ENV13 of the North Warwickshire Local Plan 2006 in that it does not positively integrate into the surroundings or harmonise with both the immediate setting and wider surroundings. This is by virtue of its size and scale relative to the surrounding development, and to its visibility over a wide geographic area. In short it does not present a visually attractive development. Appeal The appeal will be determined under the Written Representations procedure. The deadline for any coments to be made to the Planning Inspectorate is the 12th November 2012 at the following address; ‘The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN’. Please ensure that three copies of any correspondence are provided each quotes the above appeal reference number. The outcome of this appeal will be reported to members once determined.

Recommendation For Information only