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Planning ManagementPO Box 28, Birmingham B1 1TU

DECISION DOCUMENT

APPLICATION NUMBER: 2010/02499/PA

TOWN AND COUNTRY PLANNING ACT 1990

APPLICANT AGENT (if used)

BDO LLPc/o agent

King Sturge LLP45 Church StreetBirminghamB3 2RT

BIRMINGHAM CITY COUNCIL GRANT PLANNING PERMISSION SUBJECT TO CONDITIONS FOR THEFOLLOWING DEVELOPMENT IN ACCORDANCE WITH THE PLANS AND APPLICATION AS NUMBERED ABOVE:

Application to replace an extant planning permission 2007/00830/PA in order to extend the time limit forimplementation.

at

98, 102 & 106 Moseley Road/Flynn House , Little Broom Street , Highgate , Birmingham

Reason(s) for Approval

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 5.7 - 5.40 of the Birmingham Unitary Development Plan 2005; Places for Living (2001), Special Needs

Residential Uses, which have been adopted as Supplementary Planning Guidance and Public Open Space inNew Residential Development (2007), which has been adopted as a Supplementary Planning Document andPPS5 Planning for the Historic Environment.

Conditions that affect this development or use

1 No development shall take place until a surface water drainage scheme for the site, based onsustainable drainage principles and an assessment of the hydrological and hydro geological context ofthe development, has been submitted to and approved in writing by the Local Planning Authority. The

scheme shall be implemented in accordance with the approved details before the development iscompleted and thereafter maintained.Reason: To prevent the increased risk of flooding, to improve and protect water quality, improvehabitat and amenity, and ensure future maintenance of these in accordance with Paragraphs 3.71-3.76of the Birmingham UDP 2005, Sustainable Management of Urban Rivers and Floodplains SPD andPPS25.

2 No buildings shall be erected or trees planted within 2.5 metres of the public sewer that crosses thesite.Reason: To maintain essential access for maintenance, repair, renewal, and to protect the structuralintegrity of the public sewerage system in accordance with Paragraphs 3.71-3.76 of the BirminghamUDP 2005, Sustainable Management of Urban Rivers and Floodplains SPD and PPS25.

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3 No development shall take place until details of the extract ventilation and odour control equipment,and external ducting has been submitted to and approved in writing by the Local Planning Authority.The development shall be implemented in accordance with the approved details and thereaftermaintained.Reason: In order to secure the satisfactory development of the application site and safeguard theamenities of occupiers of premises/dwellings in the vicinity in accordance with Paragraphs 3.8 and 3.10of the Birmingham UDP 2005.

4 No development shall take place until full details of hard and/or soft landscape works have been

submitted to and approved in writing by the Local Planning Authority and these works shall be carriedout as approved. These details shall include (proposed finished levels or contours, means of enclosure,hard surfacing materials, minor artefact and structures, proposed and existing functional services aboveand below ground, fully annotated planting plans to a scale 1:100, showing, where used, locations ofindividually planted trees, areas of woodland, shrubs, hedges, bulbs, and areas of grass. Withinornamental planting areas, plans should be sufficiently detailed to show the locations of different singlespecies groups in relation to one another, and the locations of any individual specimen shrubs. Otherinformation shall include planting schedules, noting species, plant sizes and proposed numbers /densities and details of the proposed planting implementation programme. All hard and/or softlandscape works shall be implemented in accordance with the approved details. The works shall beimplemented prior to the occupation of any part of the development or in accordance with the planting

programme agreed with the Local Planning Authority and thereafter maintained. Any trees or shrubswhich, within a period of two years from the completion of the development, die, are removed orbecome seriously diseased or damaged, shall be replaced in the next planting season with others ofsimilar size and species.Reason: In order to secure the satisfactory development of the application site, ensure a high quality ofexternal environment and reinforce local landscape character in accordance with Paragraphs 3.8, 3.10,3.14 and 3.16A of the Birmingham UDP 2005.

5 No development shall take place until full details of the proposed boundary treatment of the site havebeen submitted to and approved in writing by the Local Planning Authority. These details shall includeplans showing the locations of existing, retained and proposed new boundary treatments and scaleddrawings indicating the positions, height, design, materials, type and colour of proposed new boundary

treatments. The approved scheme shall be implemented before occupation of thebuilding(s)/use/dwelling (s) hereby permitted and shall be retained thereafter.Reason: In order to secure the satisfactory development of the application site in accordance withParagraphs 3.8, 3.10 and 3.16A of the Birmingham UDP 2005.

6 The development hereby approved shall not be occupied until a detailed lighting scheme has beensubmitted to and approved in writing by the Local Planning Authority. The detailed lighting schemeshall include site annotated plans showing lighting positions for the external spaces, facades, buildingelevations and structures they illuminate and details of the lighting fittings including: colour, watts andperiods of illumination. All lighting works shall be implemented in accordance with the approved detailsand shall be completed prior to the occupation of any part of the development and thereaftermaintained.Reason: To ensure a high quality of external environment, to complement the development proposals,and to protect and reinforce local character in accordance with Paragraphs 3.8, 3.10, 3.14 and 3.16A ofthe Birmingham UDP 2005, Places for All SPG and Lighting Places SPD.

7 No development shall take place until samples of the materials to be used in the construction of theexternal surfaces of the extension(s)/building(s)/dwelling(s)/development hereby permitted have beensubmitted to and approved in writing by the Local Planning Authority. The development shall beimplemented in accordance with the approved details.Reason: In order to secure the satisfactory development of the application site in accordance withParagraphs 3.8 and 3.10 of the Birmingham UDP 2005.

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8 The development hereby approved shall be implemented in accordance with the details submitted withthe application and shown on drawings below ("the approved plans"):

Location Plan - oar 1886-143 Rev ASite Survey - oar 1886-110 Rev BProposed Demolition Work - oar 1886-111 Rev BExisting Buildings Floor Plan - oar 1886-112 Rev BExisting Building Elevation - oar 1886-113 Rev B

Key Elevations for Existing Doors & Windows Details - 1886-150Existing Windows - 1886-151Existing Windows - 1886-152Existing Windows - 1886-153Existing Doors - 1886-160Existing Doors- 1886-161Ground Floor Existing - oar 1886-190Ground Floor Building Stages - oar 1886-191Ground Floor Retained Walls - oar 1886-192Ground Floor New Build - oar 1886-193Ground Floor Proposed Scheme - 1886-194 Rev A

First Floor Existing - oar 1886-195First Floor Building Stages - oar 1886-196First Floor Retained Walls - oar 1886-197First Floor New Build - oar 1886-198First Floor Proposed Scheme - oar 1886-199 Rev ASite and Ground Floor - oar 1886-130 Rev JFirst and Second Floor - oar 1886-131 Rev HThird and Fourth Floor - oar 1886-132 Rev EBasement Floor - oar 1886-133 Rev FMoseley Road Street and Rear Elevation - 1886-137 Rev BElevations - 1886-138 Rev AElevations - 1886-139 Rev AElevations - 1886-140 Rev BElevations - 1886-141Key Plan for Elevations - oar 1886-142 Rev AWinter Garden Glazed Link Elevations - oar 1886-146Basement Stair Elevations - oar 1886-144Glazed Link Elevations - oar 1886-1453D details - 1886-1653D details - 1886-1663D details - 1886-1673D details - 1886-1683D details - 1886-169

Landscaping Strategy - oar 1886-125

Reason: In order to define the permission in accordance with Paragraphs 3.8 and 3.10 of theBirmingham UDP 2005.

9 No development shall take place until details of facilities for the storage of refuse within the curtilage ofbuilding(s) approved under this permission have been submitted to and approved in writing by theLocal Planning Authority. The refuse facilities shall be provided in accordance with the approved detailsbefore the buildings are first occupied and thereafter maintained.Reason: In order to secure the satisfactory development of the application site in accordance withParagraphs 3.8 and 3.10 of the Birmingham UDP 2005.

10 The development hereby permitted shall not be occupied until the redundant footway crossings in front

of the application site along Moseley Road have been reinstated as full height kerbed footway.Reason: In order to secure the satisfactory development of the application site in accordance withParagraphs 3.8 and 3.10 of the Birmingham UDP 2005.

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11 The maximum number of persons to be accommodated within the residential care home shall notexceed 50 people.Reason: In order to secure the satisfactory development of the application site in accordance withParagraphs 3.8 and 3.10 of the Birmingham UDP 2005.

12 Each unit of the residential home hereby permitted shall be occupied only by:o persons of over 60 years of ageo persons living as part of a single household with such a person or persons;o persons who were living as part of a single household with such a person or persons who have

since died.Reason: In order to define the permission in accordance with Paragraphs 3.8 and 3.10 of theBirmingham UDP 2005.

13 No development shall take place until details of the provision for the secure, and where appropriate,covered storage for cycles and motorcycles have been submitted to and approved in writing by theLocal Planning Authority. Provision shall thereafter be implemented and maintained in accordance withthe approved details.Reason: In order to secure the satisfactory development of the application site in the interests ofhighway safety in accordance with Paragraphs 3.8, 3.10, 6.17 and 6.39 of the Birmingham UDP 2005.

14 A pedestrian visibility splay of 3.3 metres by 3.3 metres and clear above 600mm shall be incorporatedat the/each access point before the access point(s) is first used and thereafter maintained.

Reason: In order to ensure the safe movement of pedestrians using the adjacent highway inaccordance with Paragraphs 3.8, 3.10, 6.17 and 6.39 of the Birmingham UDP 2005.

15 All trees and hedges, which are to be retained in accordance with the approved plans and particulars,shall be protected in accordance with BS5837:2005 Trees in Relation to Construction Recommendationsand subsequent editions. This shall include establishing a Root Protection Area (RPA) around each treeand hedge, in line with the recommendations of BS5837:2005 and subsequent editions. All RPAs mustbe enclosed by suitable fencing, as specified by BS5837:2005 or as agreed in writing with the LocalPlanning Authority or, where specifically approved, protected using ground protection measures to thesatisfaction of the Local Planning Authority. No works or alterations to existing ground levels orsurfaces shall be undertaken within the RPAs without the prior written approval of the Local PlanningAuthority. No materials, equipment or vehicles are to enter or be stored within the RPAs. No materials

that are likely to have an adverse effect on tree health such as oil, bitumen or cement will be stored ordischarged within the RPAs. All tree protection measures shall be agreed in writing with the LocalPlanning Authority and their installation/implementation must be undertaken prior any equipment,machinery or materials are brought on to the site for the purposes of the development, and shall bemaintained until all equipment, machinery and surplus materials have been removed from the site. Thetree protection must remain intact for the full duration of development and must not be removed or re-positioned without prior approval of the Local Planning Authority.Reason: In order to secure the satisfactory development of the application site in accordance withParagraphs 3.8, 3.10 and 3.16A of the Birmingham UDP 2005.

16 The rating levels for cumulative noise from all plant and machinery shall not exceed 10dB belowexisting background levels at any noise sensitive premises adjacent to the development as assessed in

accordance with the British Standard 4142 (1997). Alternative levels and monitoring locations may beused subject to the detailed assessment and prior approval of the Local Planning Authority.Reason: In order to secure the satisfactory development of the application site and safeguard theamenitties of occupiers of premises / dwelling in the vicinity in accordance with Paragraphs 3.8 and3.10 of the Birmingham UDP 2005 and PPG24..

17 The development hereby permitted shall be begun before the expiration of (3) years from the date ofthis permission.Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

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Date: Friday 6th August 2010

_______________________________________________________________

John Culligan, Assistant Director, Planning Management

P.O. BOX 28, Alpha Tower, Suffolk Street Queensway, Birmingham B1 1TU

Please noteThis is not a building regulation approval