Old Limberlost Sports Club, Butlers Road, Handsworth Wood, Birmingham, B20 2NT

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1 Committee Date: 07/03/2013 Application Number: 2012/07986/PA Accepted: 29/11/2012 Application Type: Variation of Condition Target Date: 24/01/2013 Ward: Handsworth Wood Old Limberlost Sports Club, Butlers Road, Handsworth Wood, Birmingham, B20 2NT Variation of Condition no.4 attached to planning approval 2012/05555/PA to allow up to 60 students at any one time. Applicant: Agent: Recommendation Approve Subject To Conditions EPS Tutorial Services 61 Coopers Road, Handsworth Wood, Birmingham, B20 2JU Integrated Designs & Associates Limited 38 Old Walsall Road, Great Barr, Birmingham, B42 1NP 1. Proposal 1.1. The proposal seeks a variation of condition 4 attached to approval 2012/05555/PA to allow up to 60 students at any one time. The supporting statement states the application to increase the approved occupancy levels is not through current demand but by potential demand, should the situation arise that the company is fortunate enough to expect increased numbers due to local demand, ensuring conformity with approved planning conditions The previously approved maximum number of students at the premises at any one time was 20 on 2012/05555/PA The applicant EPS tutorial services provide `top up education where all lessons are paid for and are in addition to those provided by nearby state schools. Teaching is provided for students approaching their 11 Plus (8-10 year olds) and GCSE (15 year olds) examinations The applicant currently operates from 61 Coopers Road and has done so for more than 16 years and 10 years from a private residence prior to that. These premises offer 2 classrooms with sessions that are 2 hours long and are held Monday to Friday in the evenings from 4.30pm until 8.30pm and on Saturdays between 9.00am and 5.00pm. Each session caters for up to 15 pupils at any one time with a maximum of 2 sessions running concurrently. 30% of students arrive to lessons on foot, usually accompanied by an adult, a small percentage ride their bikes, for which parking is provided, with the remainder being dropped off and picked up via car. The applicant wishes to relocate his operation into Butlers Road for which planning permission is in place for up to 20 students. It is intended that the new centre is to open in time for the start of term in September Page 1 of 7

2 1.5. The new centre will offer 4 classrooms, with 1 standby classroom if needed, office space, consultation rooms, reception, toilets and adequate storage that will enable the business to operate much more efficiently than it does currently and to expand its services should the demand become apparent. The new site at Butlers Road allows EPS to provide for the needs of disabled students so that they too can receive the additional support they may need during their education. The additional classroom is provided as replacement teaching space in case one of the other classrooms becomes unavailable or special arrangements need to be made to cater for disabled users who would be limited to ground floor teaching During term times, sessions would be held Monday to Friday in the evenings from 4:30pm until 8:30pm, with each session catering for a maximum of 15 pupils. Sessions are also to be held over the course of the weekend during the hours of 9:00am and 5:00pm on Saturdays and 10:00am and 4:00pm on Sundays. The indicative timetable submitted shows the lessons would be staggered to limit the number of pupils entering or leaving the premises at the same time. These opening hours do not conflict with the school nearby. Although much quieter periods for the centre are during school holidays, pupils may wish for tutorials to take place outside of those hours specified above. This too will not cause any conflict with the nearby school due to the absence of school children and the consequent traffic off street parking spaces would be provided at the application site. 2. Site & Surroundings 2.1. The application site is an existing single storey former social club, which is currently vacant, but has recently been granted permission to be used as an education centre with a first floor extension and alteration to the ground floor. The conversion works are currently underway. The building is set back into the site 38m from the public highway. The surrounding area is predominantly residential, with flat blocks located to either side of the site, fronting Butlers Road. St. Teresa s Junior and Infant School is located to the south of the application site on the opposite side of Butlers Road. 3. Planning History /04/ /01307/PA - Erection of single storey extension, new access ramp, installation of windows on side elevations and new pitched roof Withdrawn /06/ /02995/PA - Erection of a single storey forward extension, new access ramp, installation of windows and door on side elevations & new pitched roof Approved subject to conditions /07/ /03163/PA - Change of use from sports and social club (suigeneris) to education centre (Use Class D1) Approved subject to conditions /10/ /05555/PA - Erection of first floor extension with alterations to the ground floor elevation Approved subject to conditions, including a restriction on the number of students to no more than Enforcement: 06/12/ /1792/ENF - Erection of boundary wall to side and 4 brick pillars to access Under investigation. Page 2 of 7

3 4. Consultation/PP Responses 4.1. A site notice has been displayed Local councillors, residents associations and nearby residents notified 18 individual letters of objection has been received from local residents with the following concerns: Noise and disruption Congestion/increased traffic/parking problems Health and safety Decrease value of properties Not enough parking facilities Residential area Raise risk of accidents Blocking road/drives Two similar facilities already in the area Thefts/vandalism/drugs/alcohol abuse Parents hanging around socialising 4.2. A petition has been received objecting to the proposal with 167 signatures with the following concerns: Residential road Heavy traffic/congestion Noise Highway safety 4.3. Regulatory Services No objection Transportation Development No objection subject to a condition for a 1 year temporary consent West Midlands Police Made the following comments: I note that the application is to allow for an increase in the number of pupils allowed on site from 20 to 60. Concerns have been raised by the local Neighbourhood Police Team surrounding traffic congestion and parking problems that are currently experienced with the primary school in the same road. I am informed that these issues are similar to those that are encountered with most schools, i.e. parking problems at the start and end of the school day. Further concerns were raised that the area around the school and the application site would be adversely affected by extra congestion being caused by pupils being dropped off for lessons at the same time as the school children are being collected. Having read the application through it would appear that there has been a clear plan by the applicant to host lessons away from the finishing time of the school, and thus avoid increasing the congestion. The first lesson on a weekday would appear to be planned for hours. This should ensure that any pupil arriving on site by vehicle will do so well after the school congestion has lessened. I am also pleased to note that the other proposed lessons are staggered so that no two lessons are starting or concluding at the same time. Again this should reduce the threat of congestion. Page 3 of 7

4 5. Policy Context I note that the only parking restrictions on Butlers Road around the site would appear to be outside of the primary school. This restricts on street parking between hrs and hrs during weekdays. I do, however, note from condition 3 of the decision notice attached to the original approval (2012/0555/PA) that the allowed opening hours for 'customers' is to hours Monday to Friday, to 1800 hrs Saturday and to hours Sundays and Bank Holidays. I would ask that, if this application was approved, consideration be given for these hours to be amended to ensure that the site cannot be used during the times of concern, i.e. start and end times of the primary school Birmingham Unitary Development Plan (2005) 5.2. SPG: Places for All (2001) 5.3. NPPF (2012) 5.4. Car Parking Guidelines 5.5. Draft Birmingham Development Plan 6. Planning Considerations 6.1. The principle of the use as an education centre with opening hours of Monday to Friday, Saturdays and Sundays and Bank Holidays has previously been approved under applications 2012/03163/PA and 2012/05555/PA. Therefore the only considerations in the determination of this application are the impact of the increase from 20 to 60 students at any one time on residential amenity and highway safety The supporting statement states the application to increase the approved occupancy levels is not through current demand but by potential demand, should the situation arise that the company is fortunate enough to expect increased numbers due to local demand, ensuring conformity with approved planning conditions Residential Amenity Regulatory Services have no objections to the proposal. I concur with this view. The use as an education centre would operate no later than 9pm and the previous use as a sports and social club operated with no planning restrictions. Given the nature of the previous use as a sports and social club, which could also have previously accommodated over 100 people into late evenings (after 9pm), I consider the proposal would be unlikely to create any additional unacceptable levels of noise and disturbance to nearby residents Highway Safety Transportation Development raise no objections, but recommend a one year temporary consent. Whilst I concur that the proposal is acceptable, I do not consider that a temporary consent is necessary. Ten parking spaces would be provided on the site, although it is not anticipated many users of the centre will require parking as the majority will be children who will walk to and from the site. However, Butlers Road is likely to be used as a drop-off and pick-up point for those parents who wish to transport their children by car. It is considered that, relative to the previous use as a sports and social club, there would not be a significant increase in traffic flow on the adjacent highway network. I do not consider that the proposed use of the site would be likely to have a detrimental impact on the safe operation of the surrounding area. Therefore, I do not consider that a temporary permission can be justified. Page 4 of 7

5 6.5. The application use includes opening hours of Monday to Friday, Saturdays and Sundays and Bank Holidays in order to allow tutorials to also take place during school holidays. These too would not cause any conflict with the nearby school due to the absence of school children and the consequent traffic for St Teresa s RC Primary School It is noted from the petition and letters of objection received the main concern by local residents is the increased volumes of traffic and parking problems. However, the supporting statement and timetables submitted by the applicant demonstrate that all lessons would take place when the nearby school is closed. In addition, the lessons would also be staggered to limit the number of pupils entering or leaving the premises at the same time. It is therefore considered the proposed lesson times after normal school hours and during school holidays only would not conflict with any existing traffic associated with the school nearby Other issues Other issues raised as objections by local residents such as two similar facilities already in the area, thefts/vandalism/drugs/alcohol abuse, parents hanging around socialising and decreased value of properties are not material planning considerations and therefore can t be taken into consideration with this application. 7. Conclusion 7.1. In light of the above approval is recommended. 8. Recommendation 8.1. Grant approval subject to the following conditions: 1 Requires the prior submission of sample materials 2 Requires the scheme to be in accordance with the listed approved plans 3 Limits the hours of use to Monday to Friday, Saturdays and Sundays and Bank Holidays. 4 Limits the maximum number of students at any one time to 60 5 Requires the prior submission of cycle storage details 6 Prevents occupation until the turning and parking area has been constructed 7 Protects retained trees from removal 8 Requires the implementation of tree protection 9 Requires the prior submission of details of refuse storage 10 Requires the prior submission of an arboricultural method statement 11 Limits the approval to commence before 03/10/2015 Reason for Approval Page 5 of 7

6 1 Birmingham City Council grants Planning Permission subject to the conditions listed below. The reason for granting permission is because the development is in accordance with: Policies 3.8, 3.10 and 3.14 of the Birmingham Unitary Development Plan 2005; Places for All (2001) and the National Planning Policy Framework. Case Officer: Stephanie Salmon Page 6 of 7

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8 1 1 APPENDIX N Tennis Courts 77 Pavilion BUTLER'S ROAD Trident Court 1 to 25 Club Playing Fields El Sub Sta HANDSWORTH WOO BUTLERS CLOSE 1 to to 12 RICHMOND CLOSE 1 to 6 LIMBERLOST CLOSE a to St Teresa's RC School This map is reproduced from the Ordnance Survey Material with the (Junior permission and of Infant) Ordnance Surveyon 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 , Ivy Cottages SCALE 1: Old Limberlost Sports Club Butlers Road Handsworth Wood Birmingham B20 2NT 2012/07986/PA This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon 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 , 2009 Statutory Listed Building Locally Listed Buildings Conservation Area Neighbourhood Offices Site Boundary Site Location Development Directorate 1 Lancaster Circus Queensway Birmingham B2 2JE. Date:25/9/2007 SCALE 1:5000 Birmingham City Council