Planning Management

PO Box 28, Birmingham B1 1TU

DECISION DOCUMENT
APPLICATION NUMBER: 2010/02499/PA

TOWN AND COUNTRY PLANNING ACT 1990

APPLICANT AGENT (if used)

BDO LLP King Sturge LLP
c/o agent 45 Church Street
Birmingham
B3 2RT

BIRMINGHAM CITY COUNCIL GRANT PLANNING PERMISSION SUBJECT TO CONDITIONS FOR THE
FOLLOWING 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 for
implementation.
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 in
New Residential Development (2007), which has been adopted as a Supplementary Planning Document and
PPS5 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 on
sustainable drainage principles and an assessment of the hydrological and hydro geological context of
the 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 is
completed and thereafter maintained.
Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve
habitat and amenity, and ensure future maintenance of these in accordance with Paragraphs 3.71-3.76
of the Birmingham UDP 2005, Sustainable Management of Urban Rivers and Floodplains SPD and
PPS25.
2 No buildings shall be erected or trees planted within 2.5 metres of the public sewer that crosses the
site.
Reason: To maintain essential access for maintenance, repair, renewal, and to protect the structural
integrity of the public sewerage system in accordance with Paragraphs 3.71-3.76 of the Birmingham
UDP 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 thereafter
maintained.
Reason: In order to secure the satisfactory development of the application site and safeguard the
amenities of occupiers of premises/dwellings in the vicinity in accordance with Paragraphs 3.8 and 3.10
of 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 carried
out 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 above
and below ground, fully annotated planting plans to a scale 1:100, showing, where used, locations of
individually planted trees, areas of woodland, shrubs, hedges, bulbs, and areas of grass. Within
ornamental planting areas, plans should be sufficiently detailed to show the locations of different single
species groups in relation to one another, and the locations of any individual specimen shrubs. Other
information shall include planting schedules, noting species, plant sizes and proposed numbers /
densities and details of the proposed planting implementation programme. All hard and/or soft
landscape works shall be implemented in accordance with the approved details. The works shall be
implemented 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 shrubs
which, within a period of two years from the completion of the development, die, are removed or
become seriously diseased or damaged, shall be replaced in the next planting season with others of
similar size and species.
Reason: In order to secure the satisfactory development of the application site, ensure a high quality of
external 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 have
been submitted to and approved in writing by the Local Planning Authority. These details shall include
plans showing the locations of existing, retained and proposed new boundary treatments and scaled
drawings indicating the positions, height, design, materials, type and colour of proposed new boundary
treatments. The approved scheme shall be implemented before occupation of the
building(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 with
Paragraphs 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 been
submitted to and approved in writing by the Local Planning Authority. The detailed lighting scheme
shall include site annotated plans showing lighting positions for the external spaces, facades, building
elevations and structures they illuminate and details of the lighting fittings including: colour, watts and
periods of illumination. All lighting works shall be implemented in accordance with the approved details
and shall be completed prior to the occupation of any part of the development and thereafter
maintained.
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 of
the 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 the
external surfaces of the extension(s)/building(s)/dwelling(s)/development hereby permitted have been
submitted to and approved in writing by the Local Planning Authority. The development shall be
implemented in accordance with the approved details.
Reason: In order to secure the satisfactory development of the application site in accordance with
Paragraphs 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 with
the application and shown on drawings below ("the approved plans"):

Location Plan - oar 1886-143 Rev A

Site Survey - oar 1886-110 Rev B
Proposed Demolition Work - oar 1886-111 Rev B
Existing Buildings Floor Plan - oar 1886-112 Rev B
Existing Building Elevation - oar 1886-113 Rev B
Key Elevations for Existing Doors & Windows Details - 1886-150
Existing Windows - 1886-151
Existing Windows - 1886-152
Existing Windows - 1886-153
Existing Doors - 1886-160
Existing Doors- 1886-161
Ground Floor Existing - oar 1886-190
Ground Floor Building Stages - oar 1886-191
Ground Floor Retained Walls - oar 1886-192
Ground Floor New Build - oar 1886-193
Ground Floor Proposed Scheme - 1886-194 Rev A
First Floor Existing - oar 1886-195
First Floor Building Stages - oar 1886-196
First Floor Retained Walls - oar 1886-197
First Floor New Build - oar 1886-198
First Floor Proposed Scheme - oar 1886-199 Rev A
Site and Ground Floor - oar 1886-130 Rev J
First and Second Floor - oar 1886-131 Rev H
Third and Fourth Floor - oar 1886-132 Rev E
Basement Floor - oar 1886-133 Rev F
Moseley Road Street and Rear Elevation - 1886-137 Rev B
Elevations - 1886-138 Rev A
Elevations - 1886-139 Rev A
Elevations - 1886-140 Rev B
Elevations - 1886-141
Key Plan for Elevations - oar 1886-142 Rev A
Winter Garden Glazed Link Elevations - oar 1886-146
Basement Stair Elevations - oar 1886-144
Glazed Link Elevations - oar 1886-145
3D details - 1886-165
3D details - 1886-166
3D details - 1886-167
3D details - 1886-168
3D 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 the
Birmingham UDP 2005.
9 No development shall take place until details of facilities for the storage of refuse within the curtilage of
building(s) approved under this permission have been submitted to and approved in writing by the
Local Planning Authority. The refuse facilities shall be provided in accordance with the approved details
before the buildings are first occupied and thereafter maintained.
Reason: In order to secure the satisfactory development of the application site in accordance with
Paragraphs 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 with
Paragraphs 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 not
exceed 50 people.
Reason: In order to secure the satisfactory development of the application site in accordance with
Paragraphs 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 age
o 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 the
Birmingham 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 the
Local Planning Authority. Provision shall thereafter be implemented and maintained in accordance with
the approved details.
Reason: In order to secure the satisfactory development of the application site in the interests of
highway 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 incorporated
at 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 in
accordance 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 Recommendations
and subsequent editions. This shall include establishing a Root Protection Area (RPA) around each tree
and hedge, in line with the recommendations of BS5837:2005 and subsequent editions. All RPAs must
be enclosed by suitable fencing, as specified by BS5837:2005 or as agreed in writing with the Local
Planning Authority or, where specifically approved, protected using ground protection measures to the
satisfaction of the Local Planning Authority. No works or alterations to existing ground levels or
surfaces shall be undertaken within the RPAs without the prior written approval of the Local Planning
Authority. 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 or
discharged within the RPAs. All tree protection measures shall be agreed in writing with the Local
Planning 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 be
maintained until all equipment, machinery and surplus materials have been removed from the site. The
tree 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 with
Paragraphs 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 below
existing 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 be
used 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 the
amenitties of occupiers of premises / dwelling in the vicinity in accordance with Paragraphs 3.8 and
3.10 of the Birmingham UDP 2005 and PPG24..
17 The development hereby permitted shall be begun before the expiration of (3) years from the date of
this 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 note
This is not a building regulation approval

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