Page 1 of 7

Committee Date: 25/06/2015 Application Number: 2015/02317/PA

Accepted: 14/05/2015 Application Type: Full Planning

Target Date: 13/08/2015

Ward: Springfield

205 Formans Road, Sparkbrook, Birmingham, B11 3AX

Change of use from storage and distribution B8 to research and development B1(b), light industry B1(c), general industry B2 and storage and distribution B8 Applicant: Premium Halal

c/o agent Agent: Ms Niki Kaur

Branston Court, Unit 6c, Birmingham, B18 6BA,

Recommendation Approve Subject To Conditions 1. Proposal 1.1. Proposed change of use of vacant industrial premises (approx. 6000sqm) last used

for storage and distribution (use class B8) to research and development (B1b), light industry (B1c), general industry (B2) and storage and distribution (B8). The identified occupier is Premium Halal for meat processing and packaging, which would fall under use class B2. However, other industrial uses are included in the application to offer a flexible consent for these industrial premises.

1.2. The proposed meat processing and packaging use, including deliveries, would operate in the daytime between 0800-1800 Monday to Saturday and the application identify that 40 people would be employed full time.

1.3. No external alterations are proposed as part of this application.

1.4. The application has been accompanied by a Planning Statement and Noise Impact

Assessment.

1.5. The proposals have been screened under the provisions of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and there is no requirement for an Environmental Assessment.

1.6. Link to Documents 2. Site & Surroundings 2.1. The application premises are an established industrial building with a landscaped

frontage to Formans Road. The site has a vehicular access to the west of the building leading to the side and rear service/parking area. Furthermore, to the west

Page 2 of 7

of this vehicular access, the application site also includes a car park which could accommodate in excess of 45 spaces, also accessed off Formans Road and enclosed by a high screen wall. To the immediate north is the former Yuasa Battery site, which is cleared and identified for industrial redevelopment under the name of Mucklow Business Park. Further north is the proposed Battery Way link road. Traditional residential properties are located to the west of the application site’s car park and to the south on the opposite side of Formans Road. Some 140m to the east is the Al Furquan School.

Site location 3. Planning History 3.1. This site:

3.2. 11/08/94 – 1994/01884/PA. Change of use to form book warehouse/demolition of

rear outbuildings to form improved parking/service area (class B8). Approved subject to conditions.

3.3. Former Yuasa Battery Site:

3.4. Current application - 2015/02506/PA. Creation of link road between Battery Way and Reddings Lane and Olton Boulevard West, with formation of signalised junction and landscaping. Demolition of 152 Reddings Lane.

3.5. 09/08/2007 - 2007/02828/PA. Outline planning application for industrial development with use classes B1(c) Light Industry, B2 general Industrial and B8 Storage and Distribution – Approved with conditions and unilateral agreement

3.6. 20/12/2007 - 2007/05636/PA. Reserved matters submission for the layout, scale and appearance for Phase 1 – Erection of 2 units for uses B1c, B2 and B8, a gatehouse and internal access road in accordance with outline consent – Approved with conditions.

3.7. 22/01/2008 - 2007/07006/PA. Reserved matters submission for the approval of landscaping details for Phase 1 – Approve subject to conditions.

3.8. 12/08/2010 - 2010/03120/PA. Application to replace extant outline consent 2007/02828/PA – approved with conditions and unilateral agreement.

3.9. 08/10/2013 - 2013/04953/PA. Application for a new planning permission to replace

extant planning permission 2010/03120/PA [Outline planning application for industrial development with use classes B1(c) - Light Industry, B2 - General Industrial and B8 Storage & Distribution] in order to extend the time limit for implementation – approved with conditions and unilateral agreement.

3.10. Former Yuasa Battery Site and Eaton Electric:

3.11. 05/09/2012 - 2011/08182/PA. Outline consent (all matters reserved except access)

for a mixed use development, including demolition of all buildings and erection of class A1 food store (up to 6350 sq m), small, medium and large class A1 non - bulky retail units (up to 6500 sq m), class A3 restaurant (up to 500 sq m), PFS, class B1/B2/B8 industrial, distribution – approved with conditions and Section 106 Agreement.

Page 3 of 7

4. Consultation/PP Responses 4.1. Transportation Development – No objection subject to conditions relating to

provision of parking and servicing areas, loading and unloading within the site, cycle storage, open storage and Travelwise.

4.2. Regulatory Services – No objection subject to conditions relating to noise levels for plant and equipment, outdoor storage, refuse storage, hours of use and delivery.

4.3. Nearby properties, residents associations, local Councillors and MP consulted with site and press notices posted.

4.4. Objection received from Councillor Jerry Evans on behalf of residents of 15 nearby properties on the following grounds:

• Increase in number of large HGVs using Formans Road. • Noise nuisance. • Applicant has a track record on planning breaches and if planning permission

is granted the site should be well targeted.

4.5. 2 representations received from local residents objecting on the following grounds; • Rumour that premises would be used as an abattoir. • Vermin and odour

5. Policy Context 5.1. Birmingham UDP, Draft Birmingham Development Plan, Car Parking Guidelines

SPD and the NPPF. 6. Planning Considerations 6.1. The premises has been used for industrial purposes in the past and forms part of a

wider strategic employment area, including the redevelopment of the form Yuasa Battery Site and the proposed Battery Way link road. Therefore, no objection is raised in principle to the use of the site for a wide variety of industrial uses. However, in light of the proposed changes to the authorised B8 use, most noticeably B2 general industry, key considerations relate to impact on neighbour amenity as well as highway safety.

6.2. Neighbour amenity:

6.3. The use of the premises prior to the previous B8 warehouse use was B2 general industry, where it was occupied by European Plastic Mouldings Ltd and used for the manufacture of plastic battery containers. The last B2 general industry use on the site ceased in 1992. A noise impact assessment, including a noise survey, has been undertaken in support of the application. This focusses on any potential noise impact from any new building services plant to be installed and noise from new processing/packaging activities not previously carried out at the site. The assessment has not included potential vehicular use of the site due to the premises’ existing daytime warehouse consent, which includes HGV movements.

6.4. The existing building would be utilised with the existing offices on the east, west and

southern elevations at ground and first floor retained. Elsewhere within the building large chiller rooms, cutting rooms, and a number of freezers will be created and

Page 4 of 7

constructed using thick and thermally efficient walls and floors. All meat processing and packaging activities would take place within these newly formed rooms.

6.5. Some meat would be imported to the site and would not be subject to any meat

processing, whilst other meat would be processed and suitably packaged and the assessment identifies that this would be the main activity and source of new noise at the site. The assessment adds that the processing of meat involves the use of a conveyor belt to feed raw uncut meat to a number of cutting stations where specific parts of meat are separated from the unprocessed meat product. All loading of meat onto the conveyor and cutting would be undertaken manually. Delivery and collection of goods would be carried out on the northern elevation of the existing building and would generally involve the use of a forklift truck or pallet truck. New refrigeration plant would need to be installed at the premises to control ambient temperatures, though the exact details are not known at this stage.

6.6. The noise survey identified that that the main source during the day and night time

was road traffic noise. Furthermore, a noise survey was also undertaken at the applicant’s existing premises at 54-79 Bissell Street, to establish likely noise levels in the processing and packaging areas. It concludes that noise break-out from these new activities would be very low and not require any specific sound insulation measures. However, new building service plant would need to be installed and some would need to operate overnight (e.g. refrigeration plant). The assessment recommends an appropriate cumulative noise rating limits to safeguard neighbour amenity.

6.7. The premises have historically been used for general industry purposes associated

with the larger adjoining former Yuasa Battery Site. The granting of planning permission for use of the premises as a B8 warehouse provided new safeguards, most noticeable hours of use restrictions. The current application original sought 24hr operations but this has subsequently been amended to daytime operations only (0800-1800 Monday to Saturday). Therefore potential vehicular movements including HGVs, forklift trucks etc. of the proposed use would be comparable with the existing authorised B8 use. The loading bays and therefore the most likely location of any breakout noise are location to the side and rear elevations facing the service yard. The application has demonstrated that the proposed B2 general industry use would not adversely affect neighbour amenity to such an extent that it would represent a reason for refusal. Suitable safeguard conditions relating to hours of use and deliveries as well as cumulative noise rates would ensure that variety of industrial uses proposed would not adversely harm neighbour amenity. Regulatory Services concurs.

6.8. Regarding odour, the application has advised that there would be no cooking of

meat on the site and meat waste would be removed on a daily basis.

6.9. Highway safety:

6.10. The level of off-street parking within the enclosed car park, in excess of 45 spaces, is sufficient for the anticipated level of employees and would not impinge upon the separate service yard that would ensure that all deliveries and associated movements such as forklift trucks would be contained within the site and not adversely impact upon the free flow of traffic on Formans Road. Transportation Development raises no objection.

7. Conclusion

Page 5 of 7

7.1. The proposal would result in the occupation of a vacant industrial building that forms part of the City’s strategic provision of employment land in a manner that has demonstrated (subject to safeguarding conditions) that it would have no adverse impact on neighbour amenity, visual amenity or highway safety. The application is in accordance with relevant policy and guidance and planning permission should be granted.

8. Recommendation 8.1. Approve subject to conditions. 1 Limits the hours of operation to 0800-1800 hours Monday to Saturday

2 Limits delivery time of goods to or from the site to 0800-1800 hours Monday to

Saturday

3 Limits the noise levels for Plant and Machinery

4 Requires the prior submission of cycle storage details

5 Requires the applicants to join Travelwise

6 Requires all loading and unloading of goods to take place within the curtilage of the application site.

7 Requires the parking and vehicular circulation areas to not be used for any other purpose

8 Prevents open storage to take place within the application site

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

10 Limits the approval to 3 years (Full) Case Officer: Peter Barton

Page 6 of 7

Photo(s)

Figure 1 – Formans Road frontage

Figure 2 – Access from Formans Road to the service yard.

Page 7 of 7

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