Committee Date: 20/02/2014 Application Number: 2013/08477/PA Accepted: 29/11/2013 Application Type: Full Planning Target Date: 28/02/2014 Ward: Ladywood Swallow House, 10 Swallow Street, Birmingham, B1 1BD Change of use from offices (B1a) to a dual use comprising offices (B1a) and/or training centre (D1) Applicant: Agent: SHP Opportunity Fund General Partner Ltd Mount Street, London, W1K 2HH Planning Perspectives LLP 10 Theed Street, Waterloo Court, London, SE1 8ST Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. Consent is sought to allow the use to operate either as offices (B1a) and/or a training facility (D1). The applicant considers a more flexible use is likely to increase the interest in the currently vacant building. 1.2. 22 car parking spaces would be retained. 1.3. There are no external changes to the building proposed. Proposed Ground Floor Plan Typical upper floor plan 2. Site & Surroundings 2.1. The application site is known as Swallow House and is an 11 storey 1980s office block fronting onto Swallow Street close to the corner with Hill Street. The building is interconnected at fourth floor with the prominent office building known as 1 Victoria Square. The two buildings are very different in the quality of office floorspace provided but they share the same plant and basement parking facilities with 22 of the car parking spaces specifically allocated to 1 Swallow Street. The site has a net internal floor area of 2,422sqm. 2.2. The surrounding area is predominantly commercial consisting of buildings including Queens College Chambers, Town Hall, and Victoria Square House. To the south there is the red cage car park and railway lines in association with nearby New Street Station. 2.3. The site falls within the Colmore Row and Environs Conservation Area. Page 1 of 6
Location Plan Street View 3. Planning History 3.1. 21/03/2013-2013/00714/PA - Installation of replacement glazed canopy to front and over cladding of the existing façade. Approved subject to conditions. 4. Consultation/PP Responses 4.1. Transportation Development No objection subject to conditions relating to Travelwise and cycle storage. 4.2. Regulatory Services - No objections. 4.3. West Midlands Fire Service No objections. 4.4. West Midlands Police No objections however recommends the installation of CCTV, lighting scheme, alarm systems, signage and controlled access. 4.5. Councillors, Retail Business Improvement District and Resident Association consulted. Site and Press Notice posted and no comments received. 5. Policy Context 5.1. Birmingham UDP 2005; Draft Birmingham Development Plan; Colmore Row and Environs Conservation Area, Colmore Row and Environs Conservation Area Character Appraisal and Supplementary Planning Policies; National Planning Policy Framework 2012. 6. Planning Considerations 6.1. Paragraph 3.8 of the Birmingham UDP sets out the principle of protecting and enhancing what is good in the City s environment and to improve what is less good. Paragraph 3.10 states that proposals that would have an adverse effect on the quality of the built environment will not normally be allowed. Paragraph 15.6 highlights the significance of bringing existing vacant properties back into use. 6.2. The NPPF encourages promoting and enhancing centres by focusing development in existing centres thereby increasing the viability whilst providing a wider range of services that are accessible to the community. The NPPF has a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. 6.3. The Colmore Row and Environs Conservation Area Character Appraisal and Supplementary Planning Policies states that the Council will not permit changes of use to buildings where the new use would adversely affect their character and appearance or that of the conservation area. 6.4. The Big City Plan promotes a more lively city centre which comes alive at all times with a greater mix and choice of activities and uses within distinctive streets and spaces. Page 2 of 6
6.5. The planning considerations relevant to the proposed training centre use are the principle, the impact on adjoining properties and the Conservation Area and highway safety. Principle 6.6. The proposed use as a training centre is an appropriate use in this accessible city centre location. It would help provide a wide range of uses in a city centre location which complies with the principles of the NPPF. As such, I consider the use acceptable in principle. Impact on adjoining properties 6.7. The proposed training centre use is considered suitable for this large office block within the City Centre Core. The impact on adjoining premises is not likely to be any different from the established office use. The application site is within a commercial area surrounded by office uses on upper floors with some A1 retail uses at ground floor level. Regulatory Services raise no objections. I consider the proposed training centre would have an acceptable impact on adjoining properties. Impact on Conservation Area 6.8. There are no physical alterations proposed to the building therefore there would be no impact on the Conservation Area. Highway Safety 6.9 Transportation Development raise no objections to the proposed training use and consider trip generation to and from the site is unlikely to significantly increase as a result of the proposed development. There are 22 basement car parking spaces retained for the proposed uses. Conditions will be attached in relation to Travelwise and cycle storage which I consider appropriate. The proposal would not have any adverse impact on parking or highway safety in this sustainable City Centre location. Section 106 6.10 A sum of 10,000 would be provided for the City s Wayfinding signage initiative. The payments will be phased due to the uncertainty regarding the amount of floorspace which will be taken up for D1 purposes. It has been agreed that 3,000 will be paid upon implementation of the D1 use, a further 3,000 upon change of use of 7,000 square feet of floorspace and a final payment of 4,000 once 11,000 square feet of floor space is occupied for D1 purposes. I consider the contribution as acceptable. 7. Conclusion 7.1. I welcome the proposal as it increases the opportunity for a vacant building of a significant size to become occupied. This reflects the aspirations of the Big City Plan and the NPPF whilst complying with local and national policy 8. Recommendation 8.1. That consideration of planning application 2013/08477/PA be deferred pending the completion of a suitable planning obligation under Section 106 of the Town and Country Planning Act to secure the following: Page 3 of 6
(a) The phased payment of 10,000 (index linked to construction costs from 20 th February 2014 to the date on which payment is made) towards the way-finding initiative in Birmingham city centre core (as defined by the Big City Plan 2010), or to be spent on any other purpose that shall be agreed in writing between the Council and the party responsible for paying the sum provided that any alternative spend purpose has been agreed by the Council's Planning Committee. (b) Payment of a monitoring and administration fee associated with the legal agreement of 1,500 which is due at the point of completion of the agreement. 8.2 In the event that the Section 106 obligation is not completed by 27th February 2014, planning permission shall be refused for the following reasons: In the absence of a Section 106 legal agreement to secure a financial contribution towards the way finding initiative, the proposed development conflicts with Policies 6.45 and 8.51 of the Birmingham UDP 2005 and the NPPF. 8.3 That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the appropriate planning obligation 8.4 That in the event of the Section 106 legal agreement being completed to the satisfaction of the Local planning Authority by 27 th February 2014, favourable consideration would be given to the application, subject to the conditions listed below; 1 Requires the scheme to be in accordance with the listed approved plans 2 Requires the applicants to join Travelwise 3 Requires the prior submission of cycle storage details 4 Prevents the use from changing within the use class 5 Limits the approval to 3 years (Full) Case Officer: Joanne McCallion Page 4 of 6
Photo(s) Figure 1: Application Site Page 5 of 6
45 Location Plan CHAMBERLAIN SQUARE PC 138.7m James Watt Statue PARADISE CIRCUS QUEENSWAY Town Hall VICTORIA SQUARE Queen Victoria Statue Christ Church Passage 20 71 18 69a 69a 69 67a 68 67 66 TCBs New Street PH PARADISE STREET 1 Victoria Square House 80 50 84 PH 48 4749 85 87 88 to 91 3 LBs Post Office 43 to 44 37 to 38 PINFOLD STREET TCB 36 35 Queen's College 34 Chambers 33 29 28 10 HILL STREET Victoria Square House 27 129.8m Sub 86 El Sub Sta SWALLOW STREET Shelter 80 Tunnel BRUNEL STREET 124.4m Car Park SB and Tel Ex El Sub Sta SUFFOLK ST NAVIGATION STREET 90 89 TCB This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010 Page 6 of 6