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Committee Date: 27/11/2014 Application Number: 2014/06477/PA

Accepted: 09/09/2014 Application Type: Variation of Condition

Target Date: 09/12/2014

Ward: Brandwood

Tesco Express, 281-289 Alcester Road South, Kings Heath, Birmingham, B14 6EB

Application for variation of condition C5 attached to planning approval 2006/04875/PA to extend opening hours from 07:00 hrs to 23:00 hrs Monday to Saturday & 08:00 hrs to 22:30 hrs on Sundays/Bank Holidays to 06:00 hrs to 23:00 hrs seven days a week, including Bank Holidays Applicant: Tesco Stores Ltd

PO Box 400, Cirrus House, Shire Park, Welwyn Garden City, Hertfordshire, AL7 1AB

Agent: GL Hearn Vantage Point, Handman Street, Manchester, M3 3HF

Recommendation Approve Subject To Conditions 1. Proposal 1.1. This application is for the variation of condition number C5 attached to planning

approval 2006/04875/PA to extend opening hours of Tesco Express, 281-289 Alcester Road South, Kings Heath to 06:00 – 23:00 seven days a week, including Bank Holidays.

1.2. Condition C5 of 2006/04875/PA currently states:

‘The use hereby permitted shall not be open to customers outside the following times Mon - Sat 07:00 - 23:00, Sun 08:00 - 22:30 Reason: In order to safeguard the amenities of the occupiers of premises / dwelling (s) in the vicinity

1.3. The application originally proposed opening until midnight on a daily basis, however

this was changed due to concerns raised by the case officer. 2. Site & Surroundings 2.1. The application site is located on the eastern side of Alcester Road South within a

predominantly retail/commercial frontage area. The surrounding area contains commercial units with a variety of differently designed shop fronts and signage. The unit is located within a block of three units with residential accommodation above. Residential properties lie to the rear of the site: to the north on Taylor Road, and to the east on Wynfield Gardens.

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2.2. The Kings Arms Public House is located to the opposite side of the road along with further commercial businesses. The highway to the front is busy with a pedestrian crossing situated in close proximity to the application site; bus shelters, street signage and a street sculpture are located to the footway to the front of the site.

2.3. The forecourt fronting the shop provides a service delivery area and 2 disabled car parking spaces; access to this forecourt is restricted by bollards. A parking area is provided to the rear accessed via a driveway from Alcester Road South. The access driveway provides 7 car parking spaces with a shared surface. The rear parking area provides 23 car parking spaces, with 9 dedicated residents spaces.

3. Planning History 3.1. 05/10/2006 – 2006/04875/PA, Erection of retail units at ground floor level & 12

apartments at 1st & 2nd floor with associated car parking, approved subject to conditions. Location map Street view

4. Consultation/PP Responses 4.1. Transportation Development – No objection.

4.2. Regulatory Services – No objection.

4.3. Letters of notification have been sent to surrounding occupiers, local residents

associations and Brandwood Ward Councillors. A site and press notice have also been posted.

4.4. Five letters of objection have been received objecting to the proposal on the

following grounds.

• Noise from the delivery vehicles, is already bad enough without this going on even later into the night/starting earlier in the morning. This is a residential area and consideration must be given to residents, there is no need for late night opening.

• There would be an increase in anti-social behaviour • Increase in traffic

5. Policy Context 5.1. The following local policies are applicable

• The Birmingham Unitary Development Plan (2005) • Draft Birmingham Development Plan (2013)

5.2. The following national policy is relevant.

• The National Planning Policy Framework (2012)

6. Planning Considerations

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6.1. The main consideration in extending the store opening hours is the impact on residential amenity. Paragraph 3.8 of the UDP states that the City's environmental strategy is based on the need to protect and enhance what is good in the City's environment and to improve what is less good. Paragraph 3.10 of the UDP states that proposals which would have an adverse effect on the quality of the built environment will not normally be allowed.

6.2. The existing opening hours are;

• 07:00 to 23:00 Monday to Saturday and 08:00 to 22:30 Sundays. The proposed opening hours are;

• 06:00 to 23:00 daily.

Therefore, this application seeks: • an additional one hour of opening in the morning on Monday to Saturday; • an additional two hours of opening on Sunday mornings, and: • an additional half an hour opening on Sunday evenings.

All other aspects of the application remain as previously approved under 2006/048075/PA.

6.3. The site is located within an existing commercial parade of shops centred around

Alcester Road South and Taylor Road. Therefore I consider the opening of the store from 6am and closing of the store on Sundays at 11pm would be in line with general practice observed by increasingly more commercial premises within existing retail areas. In addition, the building frontage is situated towards Alcester Road South and as the premises are likely to be less busy at these earlier and later times of the day than other parts of the day, I consider the majority of customer parking and pedestrian activity would be concentrated towards the Alcester Road frontage, further away from the residential properties to the rear of the site and those above. With this in mind, I do not therefore consider the opening of the shop from 6am and until 11pm everyday would affect the amenities of residents in the vicinity sufficient to warrant refusal of the application.

6.4. It is noted that the application originally proposed opening until midnight on a daily

basis. This was not considered acceptable due to the detrimental impact to residents amenities. The applicants therefore confirmed that the only increase in later opening hours would be the extra half an hour on Sundays.

6.5. I note the concerns of local resident regarding noise from delivery vehicles; however

there has been no record of complaints and my Regulatory Services officer raises no objection to the proposal, which relates to extended opening times only. The existing approved delivery management scheme, which states that steps will be taken to minimise the impact on nearby residents is still valid. It is also noted that all deliveries are to be made through the main shop frontages in accordance with the approved scheme.

7. Conclusion

7.1. Given the store’s location on a busy main road and within an existing retail parade, I consider that the hours proposed would not have an adverse impact on adjacent residential amenity. On this basis, I consider the proposal acceptable.

8. Recommendation

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8.1. Approve subject to condition. 1 Requires parking and vehicular cirulations areas to be paved with suitable materials.

2 Requires the prior submission of hard and/or soft landscape details

3 Requires the prior submission of details of refuse storage

4 Requires the prior submission of sample materials

5 Requires the prior submission of boundary treatment details

6 Requires tree protection measures.

7 Requires the prior submission of hard surfacing materials

8 Requires the submission of a delivery management plan.

9 Requires the prior submission of a drainage scheme

10 Requires the prior submission a noise study to establish residential acoustic protection

11 Requires any plant and machinery to be sound proofed.

12 Requires the prior submission of noise insulation (variable)

13 Requires the prior submission of a contamination remediation scheme

14 Requires the prior submission of a contaminated land verification report

15 Requires the scheme to be in accordance with the listed approved plans

16 Limits the area of retail floorspace to 370sqm

17 Restricts the use of the retail units to Class A1 and A2.

18 Limits the hours of use (06:00 - 23:00 daily)

19 Limits the approval to 3 years (Full) Case Officer: James Mead

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Photo(s)

Photograph 1: View of application site

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Location Plan

This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010