planning, heritage, design & access statement...3.1 the proposal comprises the construction of a...

Report

gva.co.uk

gva.co.uk

gva.co.uk

Report

[email protected] www.walsinghamplanning.co.uk

Walsingham Planning Bourne House

Cores End Road Bourne End

Buckinghamshire SL8 5AR

Telephone

01628 532244

Planning, Heritage, Design & Access Statement

Temporary ice rink at The Distillery, 4 Sheepcote Street, Birmingham B16 8AE

November 2017

Walsingham Planning, Bourne House, Cores End Road, Bourne End, Bucks SL8 5AR

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Contents

1. INTRODUCTION ................................................................................................................. 3

2. SITE DESCRIPTION ........................................................................................................... 5

3. PROPOSED DEVELOPMENT ........................................................................................... 8

4. PLANNING POLICY ......................................................................................................... 10

5. PLANNING CONSIDERATIONS ...................................................................................... 12

6. SUMMARY AND CONCLUSIONS ................................................................................... 17

Ice Rink at The Distillery


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1. INTRODUCTION

1.1 Walsingham Planning has been instructed by Pioneer (City) Pub Company Limited to submit a

planning application to Birmingham City Council for the erection of a temporary outdoor ice-

skating rink within the courtyard beer garden of the Distillery, 4 Sheepcote Street.

1.2 The description of development is as follows:

“Construction of temporary outdoor open air ice-skating rink, including the siting of plant

equipment.”

1.3 This report has been prepared based on our familiarity with the site and an analysis of relevant

policy documents. This statement provides the background information on the site including a

description of nearby Heritage Assets, and an assessment of the proposals in relation to

planning policy and other material considerations. This report is set out under the following

sections:

• Chapter 2 provides the factual background to the site;

• Chapter 3 sets out the proposals;

• Chapter 4 sets out the relevant planning policy and guidance;

• Chapter 5 discusses the planning issues, including a Heritage Impact Assessment and

provides the Access Statement; and

• Chapter 6 sets out our conclusions.

Supporting Information

1.4 This Planning, Heritage, Design & Access Statement should be read in conjunction with the

following documents submitted in support of the application:

• Drawings comprising:

o Site location plan

o Existing plan



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o Proposed plan

o Proposed section detail through ice rink

• Environmental Impact Assessment Report and Management Plan

• Manufacturer’s plant spec



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2. SITE DESCRIPTION

2.1 The Distillery is a recently renovated public house, formerly called the Fiddle and Bone. It

features a first-floor frontage onto Sheepcote Street, and a ground floor frontage onto the

Birmingham Canal Towpath. At ground floor level behind the building is a large cobbled

courtyard in use as the venue’s beer garden.

Rear elevation of The Distillery and its cobbled beer garden area (copyright: Google)

2.2 The street frontage therefore appears as a single-storey building, and the western (rear) façade

appears as two storeys facing the yard. On this façade at the rear the building spans the gap

between the canal frontage to the south and the rear of The Roundhouse to the north.

2.3 The cobbled courtyard in use as the beer garden can be accessed directly from the canal

towpath, and via the Distillery. The courtyard forms part of the curtilage of The Roundhouse, a

Grade II* listed building.



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Rear elevation of The Roundhouse and the cobbled beer garden (copyright: Google)

Rear elevation of The Roundhouse seen from the Canal towpath



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2.4 Other listed buildings nearby are the paired houses on either side of the street level entrance

to The Roundhouse, and a two-storey storage building to the west which is now converted to

residential use.

2.5 The remainder of the triangular site bounded by Sheepcote Street, St Vincent Street, and the

canal has been cleared. The western end has been redeveloped for a five-storey residential

block, and the small block between The Roundhouse and the canal has been rebuilt as a shop

and an office associated with canal traffic. These newer buildings, whilst still within the curtilage

of The Roundhouse, are not listed by reason of their post-1948 origins.

Relevant Planning History

2.6 Planning permission and listed building consent were granted on 16 May 2017 (ref.

2017/02137/PA and 2017/02183/PA) for the addition of two folding arm canvas awnings on the

west side of the public house overlooking the courtyard and new signage, in association with

the refurbishment of the public house, its reopening as the Distillery, and use of the cobbled

courtyard area in front of the Roundhouse for social leisure activity once more.



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3. PROPOSED DEVELOPMENT

3.1 The proposal comprises the construction of a temporary outdoor ice-skating rink at the rear of

the Distillery, within the cobbled courtyard area used as the beer garden.

3.2 The ice rink is approximately 135sqm in area and will occupy the area of courtyard immediately

west of the Distillery and immediately south of The Roundhouse.

3.3 The rink will be of lightweight polyethylene (plastic) construction supported by a metal frame.

The rink will be supported by a scaffolding structure, and will sit on top of a temporary wooden

spreaders which will sit on top of the cobbles.

Section through ice rink, showing the scaffolding structure resting on timber spreaders

3.4 Temporary free-standing chiller units will be located within the existing store area to the north

of the Distillery.

3.5 A temporary wooden platform will be constructed on the cobbles within one of the south-facing

bays of The Roundhouse to accommodate free-standing lockers and benchers for guests to

change.

3.6 There will be no physical interaction with any historic fabric of The Roundhouse, therefore listed

building consent is not required. Due to the works being within the curtilage of the listed building

a Heritage Impact Assessment is provided in Chapter 5 of this document.



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Example of temporary outdoor ice rink by the same company

3.7 For the avoidance of doubt this application does not relate to any permanent works. All aspects

of the proposal are designed to be lightweight, temporary, and easily removable at the end of

the winter season.



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4. PLANNING POLICY

4.1 Section 38(6) of the 2004 Planning & Compulsory Purchase Act requires that determination of

any planning application must be in accordance with the development plan, unless material

considerations indicate otherwise.

4.2 In this case the Development Plan comprises the Birmingham Development Plan Jan 2017 and

‘saved’ policies from the Unitary Development Plan. The NPPF is also of relevance.

The Development Plan

4.3 Policy TP12 states that “the Historic Environment will be valued, protected, enhanced and

managed for its contribution to character, local distinctiveness and sustainability and the Council

will seek to manage new development in ways which will make a positive contribution to its

character”. It continues, stating that

“great weight will be given to the conservation of the City’s heritage assets. Proposals

for new development affecting a designated or non-designated heritage asset or its

setting, including alterations and additions, will be determined in accordance with

national policy.

Applications for development affecting the significance of a designated or non-

designated heritage asset, including proposals for removal, alterations, extensions or

change of use, or on sites that potentially include heritage assets of archaeological

interest, will be required to provide sufficient information to demonstrate how the

proposals would contribute to the asset’s conservation whilst protecting or where

appropriate enhancing its significance and setting.

The historic importance of canals is acknowledged, and important groups of canal

buildings and features will be protected, especially where they are listed or in a

Conservation Area. Where appropriate the enhancement of canals and their settings

will be secured through development proposals.”

4.4 Policy TP25 ‘tourism and cultural facilities’ supports “proposals which reinforce and promote

Birmingham’s role as a centre for tourism, culture and events and as a key destination for

business tourism”. It goes on to states that “this will include supporting the City’s existing tourist

and cultural facilities and enabling new or expanded provision where it contributes to the City’s

continued success as a destination for visitors. This provision will not just be focused on major



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sporting, business tourism and visitor attractions but also on protecting and promoting the City’s

strong industrial heritage and the smaller scale venues and attractions that are an important

part of creating a diverse offer”.

National Planning Policy Framework

4.5 One of the 12 core planning principles states that planning should “not simply be about scrutiny,

but instead be a creative exercise in finding ways to enhance and improve the places in which

people live their lives”. It continues, stating that planning should “proactively drive and support

sustainable economic development to deliver the homes, business and industrial units,

infrastructure and thriving local places that the country needs”, and that planning should

“conserve heritage assets in a manner appropriate to their significance, so that they can be

enjoyed for their contribution to the quality of life of this and future generations”.

4.6 Paragraph 128 states:

“In determining applications, local planning authorities should require an applicant to

describe the significance of any heritage assets affected, including any contribution

made by their setting. The level of detail should be proportionate to the assets’

importance and no more than is sufficient to understand the potential impact of the

proposal on their significance. As a minimum the relevant historic environment record

should have been consulted and the heritage assets assessed using appropriate

expertise where necessary. Where a site on which development is proposed includes

or has the potential to include heritage assets with archaeological interest, local

planning authorities should require developers to submit an appropriate desk-based

assessment and, where necessary, a field evaluation.”

4.7 Chapter 2 of this document has provided a description of nearby heritage assets – principally

The Roundhouse – and chapter 5 of this document assesses the impact of the proposals.



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5. PLANNING CONSIDERATIONS

5.1 This chapter of the Planning, Heritage, Design and Access Statement assesses the

development proposals against the national and local planning policy framework and other

relevant material planning considerations and considers each main aspect of the proposed

development as follows:

• Principle of Development

• Heritage Impact Assessment

• Access

Principle of Development

5.2 The courtyard area is within the demise of The Distillery public house and is used as a beer

garden during the warmer months of the year. It is therefore ancillary to and part of the main

‘pub’ use of the site. No change of use is proposed.

5.3 It is a large courtyard area which during the winter does not get much use. There are awnings

closer to the pub which offer some degree of protection to customers but, on the whole, the

beer garden becomes an underutilised space over the winter months and as a result loses much

of its vibrancy and animation which forms part of the character of this part of the site.

5.4 Of principle relevance to the proposal is Policy TP25, and the development is in accordance

with its aims and objectives. An outdoor ice rink in this location – adjacent to The Roundhouse,

alongside the canal towpath and within the curtilage of a popular public house – would

contribute towards enhancing Birmingham’s role as a centre for tourism and leisure.

5.5 Provision is made by Policy TP25 to support the City’s existing tourist and cultural facilities and

to enable new provision where it contributes to the City’s continued success as a destination

for visitors. An outdoor ice skating rink would satisfy these aims. Indeed, its setting with the

Roundhouse as a backdrop and being adjacent to a canal (and towpath) would promote the

City’s industrial heritage, it is a good location for a new leisure/tourist facility.



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5.6 At the same time, it would not detract from or inhibit the use of the beer garden as this area is

largely unused at this time of year; there is no trade-off in replacing one activity with another in

this instance. At the same time, the use itself is similar in nature and would be ancillary to the

main public house use – this is simply utilising the beer garden for a winter activity.

Activity in the beer garden during summer months (copyright: Google)

The temporary ice rink will be of a similar construction and appearance as this example

5.7 It can be constructed and operated without adverse impact on any nearby residential amenity.

An acoustic report has been prepared and is submitted as part of this application to assess the

proposed temporary plant equipment, which is sited away from the nearest noise-sensitive

properties within a storage yard located north of the Distillery and enclosed by high walls. The

report concludes:



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The assessment has shown that an inaudibility criterion can be achieved by a

combination of attenuation measures to the ice rink equipment together with the

excellent potential afforded by the heavy well-built arches to the north of the proposed

ice rink.

When the premises will be operating at what is considered a typical level, noise levels

at the noise sensitive facades of King Edwards Wharf will be below those which would

constitute a "noise offence " under the Noise Act 1996. Additionally, the noise levels will

be below those which the WHO document considers unacceptable.

In order to maintain good neighbourly relations, there will be use of noise monitoring

and control on a regular basis. These measures, when implemented should ensure that

noise is appropriately controlled and that the neighbours should have no basis for

complaint.

5.8 Accordingly, the equipment necessary to run the ice rink can be installed (temporarily) and

operated without adverse impact to nearby residential amenity. Regular monitoring will ensure

noise is properly controlled and operational parameters continue to be adhered to.

5.9 Ultimately this is an easily reversible change which is in accordance with planning policy. It is

lightweight in construction and is temporary, it will be taken down and removed from the site

before spring.

Heritage Impact Assessment

5.10 There will be no physical interaction with any historic fabric of The Roundhouse, and therefore

listed building consent is not required. The proposed outdoor ice rink is lightweight, temporary,

and easily reversible.

5.11 In accordance with paragraph 128 of the NPPF, an applicant is required to describe the

significance of a heritage assets that are to be affected by the proposal, where the level of detail

to be provided need be no more than is needed to understand the impact and proportionate to

the asset’s importance.

5.12 The application site lies within the curtilage of The Roundhouse, a Grade II* listed building.

Other nearby listed buildings are the paired houses on either side of the street level entrance

to The Roundhouse, and a two-storey storage building to the west which is now converted to

residential use. The application site is not located in a Conservation Area.



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5.13 The principal heritage asset in the vicinity likely to be affected by any development within the

cobbled courtyard is The Roundhouse. As an almost circular building it has two basic frontages,

inside and outside, and, as the working frontage, the interior is probably the more significant.

The building lies between the railway yards, to the north of St Vincent Street and the east of

Sheepcote Street, and the Birmingham Canal, along its longest, southern frontage. Today, with

the increased use of the canal and towpath for leisure use, the outside of the building has

resumed an importance.

5.14 The temporary outdoor ice rink will be constructed in the yard area formerly associated with the

building’s use as a foundry or blacksmiths. The yard has, historically, been the part of the site

where activity takes place, whether it is in relation to the canal front or to the five sets of lower

ground level openings in what is now The Distillery. From the canal this space reads as an

enclosed area flanked by the back of The Roundhouse, the back of the pub and the small

kiosk/shop/office which, although it replaced an older building, rather detracts from both the

setting and the sense of activity that would have been associated with the larger structures.

5.15 At ground floor level The Roundhouse offers a series of flat-arched openings, closed for now

due to the lack of activity in the majority of the units. The cobbled yard is part of the outdoor

drinking area associated with The Distillery.

5.16 The proposals are modest, and are not of a scale which are considered to have any adverse

impact on The Roundhouse or any other nearby listed buildings or structures.

5.17 The proposed development is temporary and will only be in situ over the winter months. It will

enhance The Distillery’s contribution to the economic vitality of this part of central Birmingham,

introducing a new type of the vibrancy and character to the area within a space which is well-

suited to such a use.

5.18 The proposals are therefore considered to comply with policy TP12 of the Birmingham

Development Plan and the provisions of the NPPF, and the temporary ice rink can be

constructed and dismantled without causing any harm to nearby listed buildings. Indeed, when

in situ and operational, it is considered an outdoor ice rink in this location – the setting of the

Grade II* listed Roundhouse – can be an enhancement to nearby Heritage Assets, transforming

an underutilised space in the winter months to one of vibrancy and enjoyment. The proposals

should therefore be supported.

5.19 The proposal represents maximising the potential of the courtyard area of The Distillery without

harming the significance of designated heritage assets. By definition the proposals would

constitute less than substantial harm (para.134 of the NPPF), which would be more than



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outweighed by the public benefits of an enhanced function and customer experience of the

public house, and indeed a tourist/leisure destination in its own right which would contribute

towards enhancing Birmingham’s role as a centre for tourism and leisure. The ice rink will

enhance the activity associated with the public house without detracting from the heritage

assets that are The Roundhouse, the pub itself, and the canal.

5.20 Ultimately it is a temporary, easily reversible change which can be undertaken quickly and

efficiently without leaving any evidence of its presence. Any impact is non-permanent.

Access

5.21 No physical alterations to the existing access arrangements to the site are proposed.

5.22 There are two entrances from the canal into the courtyard area, and the westernmost of the two

will be closed whilst the ice rink is in situ. The eastern entrance will remain open for use by

customers during normal pub hours of operation and, by extension, the ice rink.

5.23 Once the temporary ice rink has been dismantled and removed, the gates to the western

entrance can be reopened and used as before.



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6. SUMMARY AND CONCLUSIONS

6.1 The This Planning, Heritage, Design, and Access Statement has been prepared in support of a

planning application The Distillery, Sheepcote Street for the following development:

“Construction of temporary outdoor open air ice-skating rink, including the siting of plant

equipment.”

6.2 This application does not relate to any permanent works. All aspects of the proposal are

designed to be lightweight, temporary, and easily removable at the end of the winter season.

6.3 The proposal will allow The Distillery to utilise its outdoor courtyard beer garden area throughout

the winter months, and in doing so creating increase vibrancy and character to the area with a

unique leisure/tourism offer.

6.4 Paragraph 128 of the NPPF requires an applicant to describe the significance of heritage assets

that are to be affected by the proposal. The cobbled courtyard is within the curtilage of The

Roundhouse, a Grade II* listed building and therefore a heritage asset. Although not

designated, the canal front may properly be considered a heritage asset also.

6.5 The level of detail to be provided in any Assessment need be no more than is needed to

understand the impact and proportionate to the asset’s importance. The latter is significant; the

former less so. The proposals are modest, easily reversible, and their impact is minimal. The

setting of the listed building is not diminished and the activity associated with the pub’s use of

the yard for social leisure activities contributes to the setting of The Roundhouse, the adjacent

buildings, and the Canal towpath.

6.6 The scheme satisfies all reasonable tests. The heritage assets are properly retained and

respected, and no harm of any sort arises from the proposals. Indeed, it is considered that an

ice rink in this location would facilitate enjoyment of the setting of nearby heritage assets –

principally the canalside location and the Roundhouse – a positive to weigh in the balance.

6.7 The principle of the development is supported by Policy TP25. It will add to Birmingham’s role

and function as a destination for tourism and leisure, and it a use compatible with and

complimentary to the surrounding industrial heritage in this part of the City. The use will

complement and enhance the character, activity and vitality of the area.



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6.8 For all the above reasons, it is considered the proposal accords with the policies and objectives

of the development plan and the National Planning Policy Framework, and it is respectfully

requested that planning permission is granted.

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