Committee Date: 21/03/2013 Application Number: 2012/08360/PA Accepted: 17/12/2012 Application Type: Full Planning Target Date: 18/03/2013 Ward: Nechells Lichfield Road/Aston Hall Road, Junction of, Aston, Birmingham Upgrading & widening of existing junction to provide new signalised junction and demolition of King Edward VII Public House Applicant: Agent: Recommendation Determine REPORT BACK Observations Birmingham City Council Growth & Transportation Department, PO Box 28, Birmingham, B1 1TU Atkins Limited Trent House, RTC Business Park, London Road, Derby, DE24 8UP Your Committee deferred the consideration of this application on the 7 th March 2013. Members were concerned that it was inaccurately reported that the King Edward VII public house, rather than the Aston Tavern, had been vacant for 15 years. The merits of demolishing the King Edward VII public house were questioned and a query was raised over whether the application should have been referred to the Conservation and Heritage Panel and that there should have been wider consultation. Clarification of these matters is set out below. Conservation and Heritage Panel The criteria for reporting applications to Conservation and Heritage Panel do not include proposals for the demolition of locally listed buildings. As such there is no requirement for this application to be considered at Conservation and Heritage Panel prior to planning committee making a determination on this application. The consultation undertaken for this application has been in accordance with both national and local requirements. King Edward VII Public House The King Edward VII is grade C locally listed and is currently in use and has recently been purchased by the City Council following Cabinet approval in July 2012. The public house was purchased through voluntary negotiations with the current landlord who has agreed a leaseback arrangement for 18 months whilst he undertakes renovations to the Aston Tavern discussed below. Prior to the submission of this application, an evaluation was undertaken of the feasibility of retaining the King Edward VII public house as part of a junction improvement scheme. Page 1 of 8
Options which sought to retain the public house would have resulted in the carriageway being widened directly adjacent to the public house or for land to the rear of the public house being used as carriageway and a roundabout. These alternative options would have harmed the setting of the building and it is likely that they would physically isolate the public house, making it less accessible for patrons and therefore would have affected its future viability. The current landlord of the King Edward VII will be relocating to the nearby Aston Tavern public house as part of a land swap between the City Council and the Homes and Communities Agency (the owners of the Aston Tavern). As part of this land swap it has been agreed that any fixtures and fittings of merit from the King Edward VII can be removed and reused within the proposed Aston Tavern renovation. The landlord has expressed a desire to do this. An additional condition is therefore recommended that requires an agreed list of fixtures and fitting from the public house to be removed under the supervision of a specialist contractor and stored in a suitable place to be agreed with the Local Planning Authority in order to protect these items of historical and architectural interest. Aston Tavern The Aston Tavern has been vacant for over 15 years and is within the Aston Hall and Church Conservation Area. This public house is in a poor state of repair and has recently gained planning consent for extensions and renovations to bring it back into use. The current landlord of the King Edward Public House would carry out these renovations and would then bring the Aston Tavern back into operational use. The Aston Tavern is located approximately 350m from the King Edward VII site and is an important historic asset in its own right being located both within the Aston Hall and Church Conservation Area and adjacent to the Grade II* Aston Hall Parish Church. Without the interventions proposed, it is likely that this public house would continue to decline. The Requirement for Junction Improvements The King Edward VII sits at the junction of Lichfield Road and Aston Hall Road. Junction improvements are required here to facilitate the proposed economic regeneration of the adjoining Regional Investment Site. Without the junction works the full potential of the site will not be realised resulting in a potential loss of economic investment from the City. The Regional Investment Site is a 20 hectare site adjacent to Junction 6 of the M6. The regeneration initiative seeks to create a hub of specialist industry serving the advanced manufacturing sector encouraging the relocation and expansion of existing firms in this sector within the city/ region. The Regional Investment Site has the potential for 100,000sqm of new floor space and up to 3000 jobs. The Lichfield Road junction with Aston Hall Road will form the main access into the Regional Investment Site. The proposed layout for the junction improvement has resulted from an options appraisal at the site which considered a number of alternative layouts. The location of the primary access to the Aston Regional Investment Site has been determined by traffic flows from the Lichfield Road given its excellent connections to the city centre, the A38 and significantly junction 6 of the M6 motorway. Other than improving the Lichfield Road/Aston Hall Road junction, the only alternative option for providing a primary access would be to improve the Lichfield Road/Grosvenor Road junction. Improvements to this junction would be prohibitively expensive as works would be required to the cross city line railway bridge and also require the acquisition of property, including housing, outside of the Council's ownership. Compulsory Purchase Orders would also be required. Further improvements would be needed to the junction of Queens Road/Witton Lane/Aston Hall Road, which have little scope for improvement given the presence of the A38 (M) Tame Valley Viaduct above Page 2 of 8
the junction. In addition traffic heading to/from the A38 and the M6 would still be affected and delayed by the bottleneck on the Lichfield Road where the carriageway narrows between Waterworks Street and Aston Hall Road. Fundamentally, the alternative highway options do not deliver a direct connection to the strategic highway network and necessary highway improvements which are essential to deliver an attractive site to the market. The volume of traffic using Lichfield Road and Aston Hall Road dictates that the design at this junction needs to either include a signal controlled junction or a roundabout and requires a widening of the road to facilitate these improvements. Additional Comments received One additional objection from a member of the public has been received raising the following comments: The loss of this attractive and viable local list public house at this key location in townscape terms would be unacceptable. It would leave a void in the townscape and create an unattractive car dominated streetscape, not in accordance with planning policy. I am sure alternative arrangements can be found to access the proposed new regeneration area. Recommendation Should your committee now be minded to approve this application, the following further condition is recommended: Prior to the demolition of the King Edward VII public house reasonable access to the building shall be given to a person/body nominated by the Local Planning Authority for the purpose of recording the building and interior by making measured drawings or taking photographs. Following this an agreed list of recorded items of historical or architectural interest shall then be removed under the supervision of a specialist contractor approved by the Local Planning Authority and stored in a suitable place to be agreed with the Local Planning Authority. Reason: The building is of architectural and historic significance, and it is important that features of the building/structure are appropriately recorded in accordance with Paragraphs 3.8, 3.10 and 3.26 of the Birmingham UDP 2005, NPPF and Regeneration through Conservation SPG. ORIGINAL REPORT 1. Proposal 1.1. This application proposes the upgrading and widening of the existing traffic junction at Aston Hall Road and Lichfield Road with a new signalised junction including new right turn lane onto Aston Hall Road from the south-eastern side of the carriageway. The majority of the proposed improvement works falls within the existing carriageway and as such are permitted development, however in order to increase the capacity of the road junction additional land is required and to achieve this it is proposed that the grade C locally listed King Edward VII public house is demolished and that the curtilage of this public house site is then utilised to widen the existing carriageway. 1.2. This scheme is a result of local highway infrastructure improvements that are required for the Regional Investment Site (RIS) for economic regeneration as identified in the Aston, Newtown and Lozells, Area Action Plan (AAP). This is an important junction on the highway network. The junction is often congested at peak times and operates above its practical capacity. This application has been submitted Page 3 of 8
by the Councils Transportation Policy Team in order to improve the highway network at this location. 1.3. A screening opinion request was submitted prior to the submission of this application. It was determined that Environmental Impact Assessment was not required for these proposed works. 1.4. In support of this application a Design and Access Statement, Planning Statement, Heritage Statement, Flood Risk Assessment, Ecological Impact Assessment and Contaminated Land Statement have all been submitted. 2. Site & Surroundings 2.1. The application site comprises of grade C locally listed King Edward VII public house which is situated at the junction between Lichfield Road and Aston Hall Road. 2.2. To the north of the site is the former Holte and Priory site which has been cleared and is allocated for development as part of the Regional Investment Site (RIS). To the east of the site are existing commercial premises fronting onto the Lichfield Road. 2.3. The site is close to the junctions of the B4137 Cuckoo Road and Junction 6 of the M6 with Salford Circus. 3. Planning History Aston Tavern Public House 3.1. 29.01.13-2012/07962/PA Erection of two storey side and single storey rear extensions, installation of new footway crossing to existing car park and increase in height of boundary wall to 2.1m Approved with conditions. (With reference to paragraph 6.8 of this report) 4. Consultation/PP Responses 4.1. Highways Agency No objection. 4.2. Environment Agency No objection subject to conditions for levels and drainage systems to be submitted prior to commencement of development. 4.3. Severn Trent Water No objection subject to condition for drainage plans to be submitted. 4.4. Centro Support the principle of the proposal but details of the relocation of the bus stop should be agreed. 4.5. Regulatory Services No objection. 4.6. Transportation Development No objection. The highway works will be carried out under BCC authority so no Section 278 Agreement is required and the construction plans for the junction will be devised to accommodate the works on the highway whilst maintaining the movement of traffic during this period. 4.7. Local Occupiers, Ward Councillors and MP Shabana Mahmood Notified. Site and Press Notices Displayed. 2 letters of objection received raising the following comments: Page 4 of 8
Concerned that this proposal will prevent vehicles from being able to U-turn within the Lichfield Road; Concerned that the position of the proposed reservation would prevent Heavy Goods Vehicles from reserving onto and off the Lichfield Road into established commercial sites; and The proposal would prevent vehicles from turning right out of existing commercial sites on the Lichfield Road onto Cuckoo Bridge. 5. Policy Context 5.1. Birmingham Unitary Development Plan (2005) Draft Birmingham Development Plan Aston, Newtown and Lozells Area Action Plan (2012) Aston Hall and Church Conservation Area Conservation Strategy (Regeneration through Conservation) 1999 NPPF 6. Planning Considerations 6.1. The plans submitted with this application detail all of the proposed new road improvements at the junction of Aston Hall Road and Lichfield Road. The majority of these works however are permitted development as they would be within the existing carriageway and as such do not require the benefit of planning consent. Permitted development works include the laying out of new bus stops and the installation of new proposed reservations within the existing carriageway. Planning consent is required for the laying out of new roadway outside of the existing carriageway, including within the current site of the King Edward VII public house which is proposed for demolition as part of this scheme. 6.2. The Council has adopted the Regional Investment Site (RIS) in Aston through the Aston, Newton and Lozells Area Action Plan (2012) (AAP). Following the adoption of the RIS this area has been further identified as an Economic Zone and as such seeks to support Birmingham s ambitious agenda for economic growth by delivering quality business environments for its key growth manufacturing sectors. 6.3. Through policy R1 of the AAP the RIS seeks to encourage development attractive to international, national and regional investors contributing to the portfolio of employment opportunities in the city and the region to support the diversification of the regional and local economies. The RIS plays an essential part in delivering the strategic vision for the area by helping to create new jobs and a more flexible and competitive economy. 6.4. The Lichfield Road junction with Aston Hall Road will form the main access into the RIS. The AAP sets out that the improvement of this road access is crucial to realising the full potential of the area. Policy T2 of the AAP identifies this junction improvement as necessary in order to enable the full occupation of the RIS. 6.5. The proposed layout for the road junction improvement has resulted from an options appraisal at the site which considered a number of alternative layouts. The volumes of traffic using Lichfield Road and Aston Hall Road dictates that the design at this junction needs to either include a signal controlled junction or a roundabout. 6.6. Options appraisals for junction improvements at this site have considered whether it would be possible to retain the King Edwards VII public house and achieve the Page 5 of 8
necessary junction improvements needed here. The King Edward VII Public house is grade C locally listed and as such is a local historic asset. This building has been vacant for at least 15 years. UDP policy 3.26 seeks to protect buildings on the Local List and their settings and as such is an important consideration in the assessment of this proposal. 6.7. Options for junction improvement layouts at this site that sought to retain the locally listed public house resulted in the carriageway being widened directly adjacent to the public house or for land to the rear of the public house to be given over to road way and roundabout. The supporting Heritage Statement has assessed that these options would have harmed the setting of this building. It is also likely that these options would have isolated the public house, making it less accessible for patrons and therefore potentially harming the long term future and up keep of this historic asset. 6.8. The importance of the historic environment within the RIS has been a key consideration in bringing forward this proposed option for junction improvements. On realising the need to demolish the King Edward VII public house to facilitate junction improvements the Council has sought to secure the renovation of the nearby Aston Tavern public house. The Aston Tavern public house is also an important historic asset within the RIS area being within the Aston Hall and Church Conservation Area. The Aston Tavern is currently in a poor state of repair and has been vacant for a number of years. This Aston Tavern site is within the ownership of the Homes and Communities Agency (HCA) who are working in partnership with the City Council to bring about the implementation of the RIS. As part of a land swop agreement the current landlords of the King Edward VII public house have entered into an agreement with the HCA to renovate and occupy the Aston Tavern and they have recently gained planning permission for extensions to the Aston Tavern that will enable the long term viability of this building (see planning history). 6.9. My Conservation Officer has considered this proposal and concluded that although the loss of the King Edward VII locally listed public house is regrettable there is a measure of balance to be had in the historic environment as a whole by enabling the renovation of the Aston Tavern Public House which is also an important historic asset to the area and would otherwise continue to decline without the interventions proposed. 6.10. The Highways Agency have considered this proposal and raised no objections. Transportation Development have also considered this proposal and raised no objection stating that this scheme would improve the capacity at the junction with various improvements and local widening. The design has been subject to a Road Safety Audit, stage 1, and the revised junction design has been shown to increase capacity and accommodate future traffic flows. Given the comments received from Transportation Development and the Highways Agency I am satisfied that this proposal will achieve the objectives of policy T2 of the AAP by improving this junction and enabling the regeneration of the RIS. 6.. Centro have raised no objection to the principle of this development but have raised concern over the position of the bus stops and seek these to be agreed prior to any planning consent being granted. The positions of the bus stopping areas within the carriageway as shown will be subject to future consultation with Centro though the Policy Transportation Team. As such there is still an opportunity for the agreed position of these stops to be reached following the granting of any planning consent at this site. Page 6 of 8
6.12. Two letters of objection have been raised to this scheme from local business occupiers. These objections raise concern over whether vehicles will be able to manoeuvre onto and off of the existing carriageway once the proposed improvements have been carried out. I do not consider that the works will hamper access to and from the neighbouring premises. 6.13. The Environment Agency is satisfied with the level of detail submitted with this application and raises no objection to this proposal subject to a sustainable drainage and levels condition. I concur with this view and consider it reasonable to impose such conditions. 7. Conclusion 7.1. Considering the scale of the wider benefits that will be created from the junction improvements I consider that the development justifies the loss of the locally listed public house. The loss of the King Edward VII public house would be further balanced through the agreed renovation works to the Aston Tavern which will have a positive impact on the character and quality of the Aston Hall and Church Conservation Area. 8. Recommendation 8.1. Approve subject to the following conditions: 1 Requires the recording and removal of locally listed building features to be overseen 2 Requires the prior submission of a sustainable drainage scheme 3 Requires Levels 4 Requires the scheme to be in accordance with the listed approved plans 5 Limits the approval to 3 years (Full) Reason for Approval 1 Birmingham City Council grants Planning Permission subject to the condition(s) listed below (if appropriate). The reason for granting permission is because the development is in accordance with: Policies 3.8 and 3.10 of the Birmingham Unitary Development Plan 2005; Aston, Newtown and Lozells Area Action PLan (2012); and the National Planning Policy Framework. Case Officer: Vicky Chadaway Page 7 of 8
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5 21 20 27 12 1 WATERWORKS 1 439 441 386 APPENDIX 91.4m 91.4m N 92.0m 92.4m PCs LICHFIELD ROAD Shelter 92.7m 453 445 455 463 C 93.3m 93.0m ASTON HALL ROAD Cuckoo Bridge 153 165 LB ASTON HALL ROAD 92.7m Cuckoo Whalf 427 1 Pipe Line ASTON HALL ROAD 1 to 12 14 to 107 Normansell Tower Playground THE HOLLIES 15 15 5 179 UNION ROAD C 395 to 397 PH Lichfield Place 6 92.4m 435 5 4 92.5m Aston Wharf Birmingham and Fazeley Canal 19 Warehouse JAMESON ROAD 23 92.5m El Sub Sta 94.5m WATERWORKS STREET 19 28 El Sub Sta Towing Path 18 94.2m 12 2 STREET 1 Filling Station MONTAGUE STREET 399 92.5m 91.1m 6 15 Shelter 94.2m 389 Tks SALFORD STREET 15 21 Holtes Walk Shelter FB Canal Basin 91.5m 20 351 4 95.7m 94.8m 384 70 92.5m Depot 92.2m 15 14 Shelter 94.5m LICHFIELD ROAD 32 337 Garage 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.100021326, 2009 95.0m 30 ET 93.2m LONG ACRE 366 364 SCALE 1:1250 1:2500 70 68 12 BE Lichfield Road/Aston Hall Road Junction of Aston Birmingham 2012/08360/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.100021326, 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