2.2 The building currently on site is a two storey flat roofed derelict building which occupies the entire area of the site and makes no contribution to the conservation area within which it is located.

2.3 The area is of mixed appearance with a combination of terraced properties, the detached Lugley House, Lugley Street car park and the rear of the Post Office. To the east of the site there are a number of restaurants and residential properties with the west moving predominantly to residential as Lugley Street turns into Hearn Street. A number of listed buildings surround the site fronting both Lugley Street and High Street.

2.4 The streetscene is however characterised by 2/3 storey buildings of early 19^th century cottages and late Victorian terraced style, of mainly brick construction with slate roofs.

3. Relevant History

3.1 P/01014/00 – TCP/23641 – an application for alterations to shop front (High Street elevation) alterations to rear elevation (fronting Lugley Street) single storey extension to link the shop to warehouse; change of use of warehouse to retail was refused in May 2001 on the grounds of design and proposed materials having a detrimental impact on the character and amenities of the conservation area.

3.2 P/02112/05 – TCP/23641/B – an application for the demolition of the existing building and development of a three and four storey (70 bedroomed) hotel was refused in January 2006 for reasons of over development and detrimental impact on the surrounding listed buildings.

4. Development Plan Policy

4.1 National Policy Guidance

· PPS6 – Planning & Town Centres

· PPG13 – Transport is applicable

· PPG15 – Planning and the Historic Environment relates directly to the demolition and replacement of building within the conservation area.

4.2 The following Strategic Policies within the Unitary Development Plan are applicable:

· S1 - New development will be concentrated within existing urban areas

· S2 - Development will be encouraged on land which has previously been developed

· S3 – All development will be expected to be of a high standard of design

· S3 – New development of a large scale will be expected to be located in or adjacent to defined envelopes

· S11 – Reducing reliance on the private car

4.3 The following Development Plan Policies are applicable:

· G1 - Development Envelopes

· G4 - General Locational Criteria

· D1 - Standards of Design

· D2 - Standards for Development within the Site

· D3 – Landscaping

· D11 – Crime and Design

· B2 - Settings of Listed Buildings

· B6 - Protection and Enhancement of Conservation Areas

· B7 – Demolition of non-listed buildings

· T1 - The Promotion of Tourism and the Extension of the Season

· T3 – Criteria for the development of hotel accommodation

· P1 – Pollution and Development

· TR3 – Locating development to minimise the need to Travel

· TR4 – Transport Statement requirements for major developments

· TR6 – Cycling and Walking

· TR7 - Highway Considerations for New Development

· TR16 - Parking Policies and Guidelines

· U11 - Infrastructure and Services Provision

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Conservation and Design Team have been instrumental in the negotiations undertaken to come to the revised scheme in front of Members and request conditions be placed on the application if approved to do with detailing, colours and finishes.

· Head of Tourism Services fully supports the application stating that it is entirely consistent with the findings of the Tourism Development Plan – Working for a Smarter, Sustainable Future completed in January 2006.

· The Council’s Crime Prevention and Design Advisor has no objections to the planning application.

5.2 Others

· One letter of objection has been received objecting on grounds of the development being out of character with the area, a burden on the drainage system, noise and disturbance to the residents of neighbouring properties and the access road not being designed for high level of traffic.

6. Evaluation

6.1 The determining factors in considering this proposal are considered to be as follows:

· Suitability of the use in this location

· Impact on the character of the area

· Impact of the development on residential premises

· Suitability of access road

· Drainage

· Suitability of the use in this location

6.2 The use as a hotel is appropriate in a town centre location. As such the principle of this proposal fully complies with the requirements of national guidance outlined in PPS6 – Planning and Town Centres. PPS6 identifies town centres as the most accessible location for refusal, leisure, office and tourism uses, including hotels.

6.3 Impact on the character of the area

The proposed development is located within the Conservation Area and extensive discussions took place between the applicant/agent and the Conservation and Design Team to produce a proposal that would receive their support. The massing of the building has been significantly reduced from the scheme originally submitted and refused at the beginning of this year. A whole storey has been removed from the element on the corner of Mill Street with the four storey element now being provided within the roof space with the provision of dormer windows, as well as a gable element that provides a design feature over at the entrance to the building. The corner element is now of a comparative height to the building recently constructed on the opposite side of Mill Street. The decrease in height of this element has in turn reduced the impact on the surrounding listed buildings, as the proposal would not protrude significantly above the height of the listed Castle Inn, which fronts High Street.

6.4 The four storey element of the proposal is at the centre of the scheme both being in keeping with the changing heights of buildings that characterises Conservation Areas and now being opposite a break in the street scene so as not to dominant or shadow any three storey building on the opposite side of Lugley Street.

6.5 The window proportions of the development have been altered to be more in keeping with the building proportions and the character of the surrounding area, with vertical emphasis.

6.6 The building has been designed as a number of separate appearing elements with breaks in the roof and building line in order to retain the character of Newport, which is generally, terrace style buildings with vertical emphasis rather than large blocks. The proposal respects the character of the area and makes good use of an existing under utilized Brownfield site.

6.7 Additional discussions have been undertaken with the architect following concerns raised by Committee in respect of building materials. As such the west wing of the building has been finished in red brick with the projecting gable feature of the same material. Due to problems with the construction of the side elevation the central feature has been retained in render with the eastern wing also remaining render in order to retain the design characteristic of the projecting gable. It is considered by Officers that due to a number of painted brick buildings within Lugley Street, this reduced element of render is acceptable and the development would sit comfortably within the streetscene, with the use of through coloured render reducing the need for maintenance below that of painted brick. It is considered that the proposal sits comfortably within the varied design of Lugley Street as well as forming a new streetscene where there is currently a number of derelict buildings of painted brick.

6.8 In line with requests from Members, the windows have been altered to be of double hung sliding sash style to better tie the development with existing properties within Lugley Street.

6.9 Impact of the development on residential premises

The building has a residential property opposite the Mill Street elevation however due to the intercepting road and the proximities involved not being uncharacteristic of many roads in Newport there is not considered to be an overlooking issue in this instance. The other neighbouring property is separated from the site by an access to the rear of the building known as Red House Spa that fronts High Street. Additionally the building is subject of an application for the redevelopment of the rear of Post Office. On investigation of the plans, there would appear to be no overlooking created that would cause concern in respect of impacting on the redevelopment of the neighbouring site for residential purposes. The rear service yard will be overlooked but due to the use with any overlooking being from bedrooms that would not be occupied during the day, this is not considered to be of significant impact.

6.10 Concern has been raised by an objector, on the grounds of disturbance and noise from the use to nearby residential premises. It is not considered that a hotel use would create any additional disturbance than residential flats, which would be an alternative use in this location. The site is located within the town centre of Newport; it is not considered that any disturbance from this use would be above that already experienced in this location.

6.11 Suitability of the road

Lugley Street is one of the main through roads in Newport and is one way with parking only on one side with continuous footway. These factors make it safe for pedestrians and control the speed of traffic. The development is a no parking scheme with overnighters being encouraged to use one of the two car parks along Lugley Street. The road is of adequate width and construction to take any additional traffic created by the development. Additionally the proposal has been submitted with a travel plan that sees other forms of transport to access the site, which are possible due to its town centre location.

6.12 The Traffic Transportation Manager has confirmed the suitability and capacity of Lugley Street Car Park for the guest parking and has requested that, due to the increased usage in hours of darkness, suitable lighting and security in the form of CCTV is provided. This has been conditioned accordingly.

6.13 A request was made that improved pedestrian flows could be considered. Following another site visit, two dropped kerbs have been identified from the car park to the opposing side of the road and almost directly outside the site itself. The positioning of a zebra crossing has been investigated however, this would involve the removal of on-road parking within Lugley Street which is considered to slow vehicle traffic and be of greater benefit. It is not considered that the proposed development would create hazards to pedestrian movements and therefore no changes are recommended at this time but this will be reviewed in line with the Newport Traffic Model.

6.14 Drainage

Comments have been received from Southern Water who confirm they would not object to the scheme if the net flow of drainage into the system is not increased above that of the sites previous use. Although it is accepted that the hotel will have an increase discharge, it has been suggested by Southern Water that if the surface water is attenuated to ensure the net flow is controlled and in these circumstances they would not object. Therefore it is proposed to place a condition on the application if members were minded to approve ensuring that the net flow rate is controlled and surface water is not released into the system unless there is capacity to do so or an alternative disposal of surface water is put in place, i.e. grey water system

6.15 Southern Water have confirmed that they have agreed connection into the system and have not objected to the proposal on the basis that an attenuation system will be put in place. This has therefore been conditioned.

7. Justification for Recommendation

7.1 Having due regard and appropriate weight to all material considerations referred to in this report, it is considered the proposal has overcome the previous reasons for refusal. Representing a scheme that makes good use of a Brownfield site, while providing much needed hotel accommodation into the centre of Newport. The design respects the grain and style of development making a positive contribution to the character of the Conservation Area.

8. Recommendation

Conditional Permission.

Conditions and Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Notwithstanding the details on the plans and application forms attached to and forming part of this decision notice no development shall take place until sample of materials to be used in the construction of the external surfaces of the development hereby permitted and a schedule of all detailing including mortar colour has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and retained as such thereafter. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	Development permitted by this planning permission shall not be initiated by the undertaking of material operations as defined in Section 56 (4) a-d of the Town and Country Planning Act 1990 in relation to the development until planning obligations pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has been notified by the person submitting the same that it is to the Local Planning Authority’s approval. The said Planning Obligation will make provision for lighting and CCTV within Lugley Street Car Park. Reason: In the interest of safety for these hotel residence using the car park during hours of darkness in accordance with policy D11 (Crime and Design) of the IW Unitary Development Plan.
4	No development shall take place until a detailed scheme (including calculations of capacity studies) for foul and surface water drainage from the site have been submitted to and agreed with the Local Planning Authority in writing. Any such agreed foul and surface water disposal system shall indicate connections at points on the system where adequate capacity exists to ensure any additional flow should not cause flooding or over load the existing system, if necessary on alternative system for the disposal of surface water shall be submitted to and approved in writing by the LPA. Reason: To ensure an adequate system of foul and surface water drainage is provided for the development incompliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
5	All construction traffic related to the approved development shall deliver, load and un-load at set times and locations, and to follow a set route, all of which are to be agreed in writing with the Local Planning Authority prior to work commencing on site. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	Details of any means of extraction and filtration system to be used shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure any system does not have a detrimental impact on the design of the building or amenities of neighbouring properties in accordance with policy D1 (Standards of Design) and P5 (Reducing the Impact of Noise) of the IW Unitary Development Plan.
7	No building shall be occupied until the means of access thereto for pedestrians has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
8	Before the development hereby permitted is commenced, a scheme indicating the provision to be made for disabled people to gain access to the building shall be submitted to and approved by the Local Planning Authority in writing. The approved scheme shall be implemented before the development hereby permitted is brought into use. Reason: To ensure adequate access for disabled persons and to comply with policy D12 (Access for People with Disabilities) of the IW Unitary Development Plan.