Agenda item

At this stage in the meeting the Chairman announced a comfort break.

Accordingly, the meeting stood adjourned from 19:12 hours to 19:18 hours.

Having reconvened, it was noted that Councillor A. Bailes withdrew to the Public Gallery. 

Officers drew Members’ attention to pages 4 and 5 of the Committee Update, which detailed one further objection received following the publication of the Planning Committee agenda.

The objection reiterated highway concerns regarding the proposed variation. Worcestershire Highways had provided further information regarding the need for this variation of condition to assist in the determination of the application.

Officers then presented the report and presentation slides, as detailed on pages 110 to112 of the main agenda pack.

The application sought variation of Condition 35 of planning permission 19/00976/HYB dated 01/11/2021:

FROM: No more than 128 dwellings hereby approved shall be brought into use until the highway improvements to the Dagnell End Road / A441 Birmingham Road junction as shown in the PJA Drawing Ref: 2809 P 12 Rev P4, or similar scheme acceptable to the Highway Authority, had been approved in writing and completed to the satisfaction of the Local Planning Authority (in consultation with the Local Highway Authority) and was open to traffic. The junction was to include Microprocessor Optimised Vehicle Actuation (MOVA) signal control.

AMEND TO: No more than 200 dwellings hereby approved shall be brought into use until the highway improvements to the Dagnell End Road / A441 Birmingham Road junction as shown in the PJA Drawing Ref: 2809 P 12 Rev P4, or similar scheme acceptable to the Highway Authority, had been approved in writing and completed to the satisfaction of the Local Planning Authority (in consultation with the Local Highway Authority) and was open to traffic. The junction would include Microprocessor Optimised Vehicle Actuation (MOVA) signal control. (Cross boundary application with Redditch BC 24/00740/S73).

Members were reminded that the application site formed part of a larger site that was the subject of a cross boundary hybrid planning applications for the following proposal. Hybrid applications 19/00976/HYB and 19/00977/HYB for up to 960 dwellings consisting of a full application for 128 dwellings accessed off Weights Lane, new public open space, drainage system, engineering operations associated works and an outline application (with all matters reserved with the exception of access) for the construction of the remaining dwellings with access points off Cookridge Close, Hawling Street and Weights Lane and including a new District Centre, new play facilities, new highway network, public open space, new drainage system and surface water attenuation, engineering operations and all associated works including landscaping.

The application site formed part of the Brockhill allocation.  The allocation site’s boundaries extend adjacent to Brockhill Lane to the west, Weights Lane to the north, the Redditch/Birmingham railway line to the east, Phase I (Pointer’s Way) and Phase II (Meadow View) to its south, and Phase 3 and Phase 4 which were a continuation of Phase 2. These phases had been or were being built by Persimmon Homes South Midlands Limited.

Officers referred to the information detailed in the Committee Update in that,

At the time of granting consent, there was an expectation that no dwellings beyond the 128 approved in the hybrid would be occupied until the Dagnell End Road improvement scheme was completed. Subject to planning condition, this would be acceptable in terms of the highway network.

However, the Highway Authority S278 Team had subsequently advised the Applicant that approval for starting works to improve the Dagnell End Road / A441 Birmingham Road junction would not be granted prior to March 2025.

There was a requirement for several of the Statutory Undertakers to undertake works in the vicinity of the junction prior to the applicant improving the junction. It was desirable that these utility works were undertaken separately from the junction improvement works. If all necessary utility works were completed by the end of March 2025 and the surrounding local highway network clear of any other significant roadworks, then approval to commence the works to improve the Dagnell End Road / A441 Birmingham Road junction could be granted with the earliest start date being from April 2025.

The start date would also depend on the Applicant completing the necessary S278 Agreement with the Highway Authority, including proposed temporary traffic management measures. Highway Authority was planning to submit Section 50 of the New Roads and Street Works Act 1991 (NRSWA), which would require all utility providers to undertake any necessary works within a 3- month period, prior to March 2025.

As a result, the Applicant could not currently undertake the required improvement works at the Dagnell End Road junction and, as a result, would be in breach of this condition if dwellings beyond the 128 cap were occupied. The Applicant expected to be at the 200th occupation by the time the roadworks were completed Therefore, a Section 73 was submitted, to amend Condition 35, increasing the trigger for highway improvement works to the 200th occupation in line with development progress in order to continue occupying both market and affordable dwellings. The key issue was the likely impact of development traffic associated with the difference between 128 and 200 dwellings.

Trip Generation

For the Dagnell End Road / A441 Birmingham Road junction, the trip distribution assessment suggests this was likely to result in approximately 20 two-way AM trips and 22 two-way trips. The Highway Authority was content that these flows were a reasonable estimate. These trips would gradually build up as dwellings were constructed out and became occupied. The Highway Authority was of the opinion that the build-up of the 20 two-way AM trips and 22 two-way trips was considered to be within the daily fluctuation of baseline flows, such that the gradual increase would have no noticeable significant detrimental impact on the existing junction that would justify a refusal of the application.

Officers drew Members’ attention to the ‘Legal Agreement’ and ‘Other Matter’s, as detailed on pages 106 and 107 of the main agenda pack.

Officers concluded that whilst noting that the variation would add to existing traffic on the local road network, the detailed Transport Note (TN) accompanying the application had been reviewed by the Highway Authority and it had been concluded that the impacts of the development arising from the variation of Condition 35 could not reasonably be described as severe. In accordance with paragraph 115 of the NPPF, the development should not be refused on highways grounds.

At the invitation of the Chairman Mr. A. Bailes addressed the Committee, in objection to the application; as an affected resident and on behalf of Bordesley Matters and Alvechurch Parish Council.  Having addressed the Committee Mr. A. Bailes left the meeting room.

Ms. H. Jarvis on behalf of Persimmon Homes South Midlands, addressed the Committee in support of the application and Councillor P. J. Whittaker, Ward Member also addressed the Committee.

Members then considered the application and in doing so commented that this was a difficult decision. The developer needed to build houses as soon as possible to meet their targets, the Council needed new homes built and residents needed the road improvements to take place.

Members were disappointed that Worcestershire County Council Highways had delayed approving the road work improvements until March 2025, and were equally disappointed that there was not an officer from WCC Highways in attendance at tonight’s meeting, in order to respond to Members questions and concerns.

However, some Members commented that they were happy with the information detailed in the Committee Update.

Members further agreed that it was a case of  balance, the developer could not stop building work for three months.

Members questioned as to why WCC Highways had been unbale to progress. Residents wanted the roads enhanced, with new lights, new crossings etc.  They had already had nearly three / four years of disruption.

Officers stated that they were not in a position to comment and had previously referred Members to the Committee Update.

Members further questioned that should they be minded to approve the amendment, could they meet with WCC Highways to discuss the possibility of the works commencing earlier in order to deliver something better for residents.

Officers commented that an around the table discussion could take place, however, this would be down to WCC Highways.

Members questioned if the road usage figures were accurate as some residents were avoiding using the area due to the level of roadworks.

Officers commented that approximately 80 dwellings were currently occupied. The developer was fully aware of the conditions attached to the planning application, and in order to avoid a breach of those conditions and delays to building works, had applied for the amendment before Members tonight.

Officers further clarified that Highways matters were a material consideration for Members to consider, however, Highways had raised no objections to the amendment.

Members further stated that when the hybrid application was granted, WCC Highways had stipulated a condition, as detailed on page 99 of the main agenda pack that stated the restriction that no more than 128 dwellings hereby approved shall be brought into use until the highway improvements to the Dagnall End Road / A441 Birmingham Road had been completed. WCC Highways had now increased that number to the 200^th dwelling being occupied.  This had raised a number of questions and Members reiterated their disappointment that WCC Highways had declined an invite to attend tonight’s meeting to answer those questions. WCC Highways had caused the delay and Members felt that they should have attended.

On being put to the vote, it was

RESOLVED that Hybrid Planning Permission be granted, subject to

a)    delegated powers be granted to the Assistant Director for Planning and Leisure Services to determine the planning application following the receipt of a suitable and satisfactory legal mechanism; and

b)    delegated powers be granted to the Assistant Director for Planning and Leisure Services to update conditions relating to 19/00976/HYB and to agree the final scope, detailed wording and numbering of conditions.