PAPER C
ISLE OF WIGHT
COUNCIL DEVELOPMENT CONTROL COMMITTEE
TUESDAY 03
AUGUST 2004
REPORT TO HEAD
OF PLANNING SERVICES
TCP/25870 - P/01805/03
DEMOLITION OF
BUS STATION AND FORMER WAREHOUSE IN ORCHARD STREET; CONSTRUCTION OF 3 STOREY
BUILDING TO PROVIDE RETAIL/OFFICE AND LEISURE FACILITIES; TEMPORARY BUS
FACILITIES; RE-ALIGNMENT OF ORCHARD STREET; NEW BUS TERMINAL;
RE-CLADDING/REMODELLING OF 3-5 ST. JAMES STREET, BUS STATION, SOUTH STREET,
NEWPORT, PO30
At the last meeting Members agreed in principle to the redevelopment of the above-mentioned site to provide a substantial three storey building offering retail/office accommodation in conjunction with a new bus terminal towards the rear of the site off Orchard Street close to the main entrance to the public library.
Further discussion and negotiations with agents acting on behalf of the applicants have resulted in the submission of revised drawings and an agreement in respect of an appropriate sum in respect of infrastructure payments in accordance with the relevant policies of the Council. The application is now before Members for determination.
Members are invited to refer to Paper C, which appeared on the agenda for the meeting of this Committee held on 13 July 2004. This was a detailed and comprehensive report prepared by the Case Officer which carefully described and illustrated details of the proposed redevelopment of this site including the refurbishment of 3-5 St. James Street; national and local planning policies; policy interpretation; consultee responses; third party representations and a detailed evaluation which broke down the consideration of the matter into various constituent parts including the scale, appearance and overall design of the building, traffic impact implications etc.
Members agreed with the officers recommendation and resolved to take the
following action.
·
Having given
due regard to all the material considerations outlined in this report, Members
agree in principle with the proposed redevelopment of the site.
·
Notwithstanding
the above, having given due consideration to various design aspects covered in
the report, particularly the concern expressed by professional consultees/advisers,
supported by the Council’s own professional Planning Officers, the applicant
and their agents should be invited to make suitable amendments to the submitted
scheme to overcome certain issues which are largely summarised by CABE in their
latest written representations.
·
The subject to
the satisfactory outcome of further negotiations, if required, and the
submission of revised drawings which successfully address the various design
issues, then an undertaking be given to the effect that this particular issue
will be reconsidered by this Committee and a final decision taken on this
application at the earliest possible opportunity.
During the debate Members raised a variety of issues which caused the
Development Control Manager to write to the applicants agent advising them on
the decision to agree in principle to the redevelopment of the site but also
asking for further information and clarification on a number of points. This
letter was dated 14 July 2004 and was widely circulated including the Leader of
the Council, the Portfolio Holder for Sustainable Development, Environment and
Planning Policy, the Chairman and voting Members of the Committee in attendance
at the last meeting.
Notwithstanding the issues outlined in the aforementioned resolution the
agents were asked to provide further information or comment on the following
issues.
·
Possible
redevelopment, as opposed to refurbishment, of 3-5 St. James Street.
·
The future of
what is locally known as the FIZ building adjacent to the entrance to the main
library.
·
Issues
relating to pedestrian movement and pedestrian safety, particularly young
children, in terms of future vehicular access routes and movement patterns
through the application site.
·
The likelihood
of the provision of public conveniences at ground floor level as part of the
overall redevelopment.
·
Type of retail
units and type of office/leisure uses anticipated at upper floor levels.
·
Provision of
bus stop facilities and bus shelters.
One other vital important issue was the need to agree the level of
financial contribution in terms of our policy that would need to be made as
part of the Section 106 Agreement should Members be minded to grant conditional
permission.
Planning Officers, including the Head of Planning Services and the Development
Control Manager, have had a meeting with the applicants’ agents, their
architects and their transportation consultant on 22 July 2004. At this meeting
is was established that there were now large areas of agreement between all
parties particularly in terms of the overall scale, mass and design of the
proposed building, pedestrian /vehicular traffic flows etc. It was decided that
the agent would respond in detail to the individual points raised by Members
referred to above as well as commenting on some of the proposed conditions of
permission which would be effectively designed to control the type of
retailing, non sub-division of retail units and withdrawal of certain
“permitted development” rights.
The principle issue discussed at the aforementioned meeting related to
the transport infrastructure payments in accordance with the details and table
(or tariff) set out in relevant appendix contained in the Unitary Development
Plan. The consultant did not discount the likelihood of some limited financial
contribution but did ask that we should “legitimise” the approach that was
adopted in the Unitary Development Plan and confirm that it was in accordance
with advice contained both in Circular 1/97 and PPG13. This was done in another
letter that was widely circulated including Councillors Mrs Smart, Mrs Miller
and Mrs Butchers by the Development Control Manager who offered what we
consider to be sustainable justification for this type of approach and stress
the need for these negotiations to be satisfactorily concluded before Members
were invited to determine the application at this particular meeting. I am
attaching to this report as an appendix a substantial section of the letter
which deals with exclusively with this particular issue with a concluding paragraph
outlining what was expected of the agent if the application is to be determined
at this meeting.
Options 1.
To grant conditional planning permission subject to the
applicants entering into a Section 106 Agreement in connection with infrastructure
payment and funding of off-site highway improvements. 2.
To refuse planning permission on grounds to be specified
by elected Members 3.
To defer consideration for reasons not yet identified by
Planning Officers and elected Members at the last meeting.
In principle, it
was clear that the consensus view was that there was no sustainable objection
to the redevelopment of the forward part of the site with a substantial three storey
retail building with a new bus station, or bus interchange, with associated
facilities to the rear off Orchard Street.
The outstanding issues related to the scale, appearance and design of
the proposed building, matters of information and/or further clarification
raised by Members such as the future of 3-5 St. James Street, the FIZ building
and the provision of public conveniences and the terms of the Section 106
Agreement and conditions of permission.
The applicants’ architect took on board the latest representations from
CABE and made appropriate amendments to the design of the principle building
which were agreed with officers at the meeting held on 22 July 2004.
Illustrations of the latest amended designs are attached to this report for
Members information.
The applicants’ agent has provided a detailed response, attached as an
appendix, to the various issues raised by Members which were encapsulated in
the letter from the Development Control Manager dated 14 July 2004. It is my
view that they have explained why it is not feasible at this moment in time to
redevelop the 3-5 St. James Street, giving an explanation at to the future of
the FIZ building should the neighbouring site on the corner by the controlled
traffic junction be developed at a later date; confirmation that public
conveniences will be provided as part of the interchange facility within the
new bus station; confirmation that all bus stops (including the one proposed on
the north side of South Street) will have the benefit of a shelter erected at
the applicants expense; the provision of safe and “friendly” pedestrian
thoroughfares both off and on site to the satisfaction of the Head of
Engineering Services etc.
The applicants had already offered to make a £5000 contribution to local
art, the previously suggested contribution to open space provision has been
deleted and the sum required in terms of the transport infrastructure payment
has been agreed at £77,000.
The conclusion of the earlier report was that it would be extremely difficult
to promote the fundamental objection to the redevelopment of the site for
retail/public transportation purposes. Indeed when examining the overall
strategic aims of the Council it is apparent that the promotion of such a
significant investment in the town centre which will not only provide new
purpose design retail units improving the shopping experience for residents and
visitors alike but also retaining a public transport destination which is
ideally located in respect of the existing town centre, Safeways/Marks &
Spencers and other associated facilities. It is for this reason that both
officers and members supported the principle of the redevelopment of the site
at the last meeting.
Issues relating to the layout, design and the scale mass and design of
the proposed principal building have consistently caused concern not only to
professional officers but also English Heritage, the local architect’s panel
and CABE. However, the involvement of the latter body has helped to resolve a
number of these concerns and following further negotiations which have taken
place since the last meeting your officers are now prepared to support the
details of the scheme in the form of revised plans that took on board the
professional advice and guidance offered to the applicants architects.
In very similar terms officers have made a conscious decision in terms
of pedestrian circulation and the possibility of pedestrians/vehicular conflict
with associated safety issues to adopt measures recommended by the head of engineering
services and impose appropriate conditions to ensure that this is a degree of
consistency in terms of the design of fencing, barriers etc. as part of a major
redevelopment on an important and prominent site.
The negotiated financial settlement, in my view, accords with the policy
and guidance set out in Appendix G (see table 4) giving due regard to arguments
put forward by the applicants agent in terms of delivery a number of key
benefits for Newport and the Island. The agent has put forward a case that the
enhanced bus interchange facility will include CCTV/new lighting, pedestrian
friendly environment, highway improvements, public café and public
conveniences, and that the new retail development will provide a modern quality
retail environment improving the retail offer for the town and providing and
important link with the High Street and Safeways/Marks & Spencers. The
policy and guidance contained in the UDP allows for a negotiated settlement
which, in my opinion is appropriate if you take into account that the scheme
maintains and upgrades the bus interchange facility insuring that those people
that rely on public transport continue to enjoy access to the main shopping
centre centred around the High Street and St James’ Square, Safeways/Marks &
Spencers (or Litten Park) and the proposed new three storey retail development
on the front of this site.
The application is recommended for conditional planning permission
subject to the applicants entering into a Section 106/278 Agreement which will
cover and include the following issues:
The applicants to pay the total cost of or to carry out the following as
required by the Council:
I trust that Members now find this satisfactory.
RECOMMENDATION
To grant conditional planning permission subject
to the applicants entering into a Section 106 Agreement in connection with
infrastructure payments and other financial contributions.
Conditions
|
1 |
Time limit - full
- A10 |
|
2 |
None of the eleven retail units hereby approved shall be sub-divided
into smaller retail units without the prior consent of the Local Planning
Authority. Reason: In the interest to protect
the character of the approved retail development in compliance with Policy R1
(Existing Town Centres) of the IW Unitary Development Plan |
|
3 |
The proposed re-modelling and re-cladding works in respect of 3-5 St James'
Street, Newport forming part of this approval shall be completed in
accordance with the approved plans within a maximum of 12 months of the
completion of the new retail building. Reason: To protect the character
and appearance of the conservation area in compliance with Policy B8
(Alterations and Extensions of Non-listing Buildings in conservation areas)
of the IW Unitary Development Plan. |
|
4 |
Colour changes to be agreed -
S22 |
|
5 |
The development hereby permitted shall not be carried out except in
complete accordance with the details shown (on the plans and design
specification hereby approved). 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. |
|
6 |
No development shall take place until full details have been submitted
to and approved by the Local lanning Authority of the street furniture to be used
in respect of bus station area which shall include details of any railings,
bollards, bus stop, shelters, seating and directional signs. The development
shall thereafter be carried out in accordance with the agreed details and
shall not be altered without prior consent of the Planning Authority. Reason: In the interest of the
visual amenities of the area compliance of Policy D1 (Standards of Design) of
the IW Unitary Development Plan. |
|
7 |
Loading and unloading delivery vehicles in respect of the new retail
building hereby approved shall only take place between 07.00 hours and 22.00
hours on weekdays only and shall not take place on Sundays or recognised Bank
Holidays. Reason: To ensure that the impact
on the built environment is adequately reduced in compliance with Policy TR8
(The Environmental Impact of new Infrastructure Schemes). |
|
8 |
No development shall take place until full details of the hard landscape
works have been submitted and approved in writing by the Local Planning
Authority and these works shall be carried out as approved. These details
shall include the proposed surface finish to the pedestrian circulation areas
including treatments to South Street footpath, treatment to Bowling Green
Lane, treatment to the area around the library including the new pavement
tables across Orchard Street. Such details shall indicate colour and texture.
Such agreed hard landscaping shall be carried out prior to the bus
interchange building and new retail building being brought into operational
use. Reason: In the interest of the
amenitites of the area and compliance of Policy D1 (Standards of Design) of
the IW Unitary Development Plan. |
|
9 |
No development shall take place until details of any soft landscape
works have been submitted to and approved by the Local Planning Authority.
Such details shall include a schedule of plants, noting species, plant sizes
and proposed numbers. Such planting shall take place prior to the operational
use of the retail building and the bus interchange building. Reason: In the interest of the
amenities of the area and compliance with Plicy D1 (Standards of Design) of
the IW Unitary Development Plan. |
|
10 |
No development shall take place until details have been submitted to
and approved by the Local Planning Authority in respect of the treatment to
the rear boundaries of properties 35, 36 and 37 Upper St James' Street where
those boundaries abut the bus station area.Such agreed details shall be
completed prior to the bus station being brought into operational use. Reason: In the interest of the
visual amenities of the area compliance with Policy D1 (Standards of Design)
of the IW Unitary Development Plan. |
|
11 |
No development shall take place until details have been submitted and
agreed by the Local Planning Authority of the proposed new CCTV coverage of
the bus station area. Such CCTV coverage shall be fully operational prior to
the bus station being brought into use. Reason: In the interest of
reducing opportunities for crime and promote safe public access in compliance
with Policy D11 (Crime & Design) of the IW Unitary Development Plan. |
|
12 |
No development shall take place until a lighting
scheme has been submitted to and approved by the Local Planning Authority.
Such approved lighting scheme shall be carried out in accordance with the
agreed details prior to the bus station being brought into use. Reason: To ensure the lighting scheme
has minimal impact in compliance with Policy D14 (Light Spillage) of the IW
Unitary Development Plan. |
|
13 |
The toilet facilities within the bus facilities building shall be made
available for public use and any such public use shall be retained and
maintained thereafter. Reason: In comliance with Policy
U2 (Ensuring adequate community facilities are available) of the IW UNitary
Development Plan. |
|
14 |
The proposed bus stop facility (Bay 08) adjacent the entrance the
library shall be completed ready for use prior to the operational use of the
bus station commencing. Such bus stop facility shall be retained and
maintained thereafter. Reason: To ensure bus stop
facility is available for multi operator usage in compliance with TR9 (To
encourage the provision of improved transport facilities) of the IW Unitary
Development Plan. |
|
15 |
No development shall take place until the phasing programme for the building
works has been submitted to and agreed with Local Planning Authority. Such
phasing programmes shall indicate temporary measures which will be put in
place during construction works and shall indicate details of any temporary
buildings, along with their location, which may be necessary during
construction works.All such temporary buildings and structure shall be
removed within 21 days of the date of operational use of the bus
station/retail building and the land shall be restored to its former condition
in accordance with the scheme of work to be submitted to and approved in
wiriting by the Local Planning Authority. Reason: The use is not of a type considered
suitable for permanent retention to comply with Policy D1 (Standards of
Design) of the IW Unitary Development Plan. |
|
16 |
Prior to the operational use of the bus station taking place the cycle
parking provision as indicated on the plans hereby approved shall be in
place. Such cycle parking provision shall accord with details to be agreed and
shall be of similar design to the agreed street furniture referred to in
Condition 7 above. Reason: To ensure adequate safe
provision of facilities for pedestrians and cyclists to comply with Policy TR6
(Cycling and Walking) of the IW Unitary Development Plan. |
|
17 |
No development shall take place until the applicant or the agent has
secured the implementation of a programme of archeological watch and brief recording
in accordance with a written scheme an investigation which has been submitted
to and approved by the Planning Authority in writing. To facilitate monitoring of the onsite archaeological works
notification of the start date and appointed archeological contractor shall
be given in writing to the address below not less than 14 days before the
commencement of any works. The County Archeologist County Archeological Centre 62 Clatterford Road Newport Isle of Wight PO30 1NZ Reason: In order to access by
specified archeologist during the permitted operations and to comply with
Policy B9 (Protection of Archeological Heritage) of the IW Unitary
Development Plan. |
|
18 |
Contaminated land - need for scheme -
T01 |
|
19 |
The schemed required by condition 18 above shall include an
investigation and assessment to identify the extent of contamination and the
measures to be taken to avoid risk to the [public/buildings/environment] when
the site is developed. Reason: In the interests of the health and amenity
of future users/occupiers and to comply with policy P3 (Restoration of
Contaminated Land) of the IW Unitary Development Plan. |
|
20 |
Development shall not commence until the measures contained in the decontamination
scheme hereby approved, details of which are set out in (20), have been
implemented. Reason: In the interests of the health and amenity
of future users/occupiers and to comply with policy P3 (Restoration of
Contaminated Land) of the IW Unitary Development Plan. |
|
21 |
The existing vehicular access points of South Street shall only be
used as a one way traffic flows. Measures to ensure the satisfactory
operation of these vehicular accesses to provide ingress and egress shall be submitted
to and agreed in writing by the Local Planning Authority and shall be ready
for operation upon commencement of the operational use of the bust station
and thereafter retained.Such measures shall include provision for traffic lit
controls including provision for additional traffic lights at the egress
point onto South Street. Reason: In the interest of
highway safety and to comply with Policy TR7 (Highway Consideration) of the
IW Unitary Development Plan. |
|
22 |
The loading and unloading facilities for the proposed retail building
shown on the plans hereby approved shall be retained for the use by delivery
vehicles to the proposed retail building only and such use shall be retained
thereafter. Reason: In the interest of
highway safety and to comply with Policy TR7 (Highway Consideration) of the
IW UNitary Development Plan. |
|
23 |
No construction traffic or commercial vehicles shall enter the public highway
unless their wheels and chassis have been cleaned to prevent the material
being deposited on the highway. Reason: In the interest of higway
safety and in compliance with Policy TR7 (Highway Consideration) of the IW
Unitary Development Plan. |
|
24 |
No development shall take place until details of material finishes
have been submitted to and approved by the Local Planning Authority in
respect of the proposed retail building and bus interchange building. Samples
of such materials shall be submitted where appropriate. Development shall be
carried out in accordance with the approved details. Reason: In the interest of
amenities of the area and to comply with Policy D1 (Standards of Design) and
Policy B6 (Protection and Enhancement of Conservation Areas) of the IW
Unitary Development Plan |
C S Hougham
Development Control Manager