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BNES.2.1 Summary proof of evidence of Christopher Paterson (rtf 73Kb) BNES.2.1 Summary proof of evidence of Christopher Paterson (rtf 73Kb)

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CPO 2004 Enquiry - Documents Submitted by Bath & North East Somerset Council

Summary Proof of Evidence of Christopher Paterson on behalf of Bath and North East Somerset Council

Public Inquiry May 2005

Document No: BNES/2/1

 

1             Qualifications and experience

1.1          My name is Christopher Paterson.  I am employed as a Fund Manager by Morley Fund Management Limited (“Morley”), a UK institutional asset management business which is owned by Aviva plc and I am responsible for the Life Funds Shopping Centre and High Street Shops portfolio with a value of approximately £2.4bn.

1.2          I have 24 years' experience of major occupational development schemes and investment, on behalf of policy holders, including the acquisition and development of shopping centres and high street retail provision.

2             Introduction

2.1          CGNU Life Assurance Limited ("CGNU") owns the long leasehold interest in the Southgate Centre, Churchill House, the Bus Station and land at Kingston Road, Bath.

2.2          Together with Commercial Union Life and Norwich Union Life, CGNU is a wholly-owned subsidiary company of Aviva plc, the biggest insurance group in the UK.  Likewise, Morley is a wholly-owned subsidiary company of Aviva and manages the property fund interests of CGNU, Commercial Union Life and Norwich Union Life.  Morley is a leading institutional investor, with global assets under management of £128 billion and manages in excess of £18bn of UK property assets.  Details of the corporate position as between Aviva, CGNU and Morley are detailed in my evidence.

2.3          I assumed full responsibility for the Southgate redevelopment scheme ("the Scheme") approximately three years ago and I have overseen the applications for the Planning Consents for the Scheme and negotiation of the Planning Agreement and I am currently negotiating the final terms of the Building Agreement and headlease.

2.4          As part of the overall funding and development strategy for the Scheme, the existing CGNU assets in Bath were contributed to a Jersey Property Unit Trust ("the Trust").  The Trustees of the Trust are BNP Paribas Jersey Trust Corporation Limited and Anley Trustees Limited based in St. Helier.  The Trust is managed by Morley (Jersey Unit Trusts) Management Ltd and Morley is the Investment Adviser and Property Manager to the Trust.  99.9% of the issued units in the Trust are held directly by CGNU.

2.5          References to CGNU in my evidence include, where relevant, references to: CGNU Life Assurance Limited; Morley Fund Management; BNP Paribas Jersey Trust Corporation Limited and Anley Trustees Limited as Trustees of the Southgate Property Unit Trust; and/or Southgate Limited Partnership acting by its general partner Southgate General Partner Limited.

3             Scope of evidence

3.1          My evidence focuses on: the opportunity presented by the Scheme from an investor’s perspective; CGNU’s brief to its design team in formulating the design of the Scheme proposals; the consultation undertaken by CGNU in developing the Scheme proposals; the deliverability of the Scheme and funding.

4             Commercial justification for the Southgate scheme

4.1          My evidence refers to the criteria that I believe a retail scheme of the requisite scale and quality which can become part of the fabric of Bath must have to be successful and I am confident that the Scheme will meet these criteria.

4.2          I refer to Bath’s insufficient provision in terms of its department store representation and larger space units and the unattractive nature of the existing Southgate Centre, including the existing Bus Station and Ham Gardens car park.  The Scheme will regenerate the Southgate area and benefit Bath as a whole and provide a new Transport Interchange and improvements to the Railway Station.  A new department store will anchor the Scheme and will attract new retailers to Bath.

4.3          Commercially, Southgate is an ideal location for development and the Scheme.  The improvement in retail provision and other facilities that the Scheme will bring about will benefit the city as a whole.

4.4          The brief to Morley's design team stressed the need for an innovative, mixed-use development, achieving an outward-looking environment with a sense of place, sympathetic to the vernacular of the city, whilst providing space of a nature that satisfies the requirements of modern retailers.  Integration with the City Centre was essential so as to improve pedestrian flows within and through the site.  Architectural style was required to reflect that of historic Bath to ensure that the Scheme appears as an important and integral part of the central area of Bath.

4.5          The proposals were required to maximise the retail potential of the area, providing a department store, a replacement store for Boots and shops of the right size to accommodate key retailers that need to be attracted to Bath.  Leisure uses were to include a cinema with supporting restaurants.  Public transport facilities were required to be improved and adequate car parking spaces provided.

4.6          Extensive discussions took place with the Council and numerous meetings were held with and presentations given to, interested parties, public amenity groups and members of the public.  A number of applications for different scheme proposals were submitted to the Council as a result, in order to refine and reduce areas of concern.

4.7          The Scheme has been designed as a series of buildings and streets to reflect the surrounding form and architecture.  Consideration has been given to roof scape views from Beechen Cliff and attention given to the detailed form of the various roof structures.

4.8          My evidence describes how CGNU invests significant sums in developments by providing funds. However, as CGNU is not a developer, a developer manager will be brought in to deliver the Scheme when the Building Agreement and headlease have been completed. 

4.9          The developer manager will not be in a position to require any changes to the Scheme and will be required to adhere to the development programme and construct the development in phases in accordance with a strict time-table, with completion due in February 2010.

4.10        The development proposals are at an extremely advanced stage and much more so than is often the case for similar schemes at the same stage.  This is primarily due to Bath’s designation as a World Heritage Site.

4.11        A financial appraisal of the Scheme has been carried out.  CGNU are able to fund the entire development internally and, therefore, all necessary funding approvals are in place.  Funding has been allocated for the Scheme, which will proceed when the pre-conditions in the Building Agreement have been met.

5             Conclusions

5.1          I conclude that it is essential that the Scheme proceeds in order to significantly improve the retail provision in the City Centre, transforming the Southgate area into a thriving shopping destination and thereby enhancing the city as a whole.  CGNU fully supports the Council in pursuing the Order, which is needed to secure implementation of the Scheme in the required timescale.  CGNU has the experience, funding and commitment to ensure that the scheme is delivered.