Brian Paul Raggett will say:-
1.1 I hold a Bachelor of Arts Degree in Town Planning and I am a
Doctor of Philosophy in Urban and Regional Studies. I am a Member
of the Royal Town Planning Institute and served as the Institute's
President in 1999. I am a Member of the Royal Institution of
Chartered Surveyors, a Committee Member of the Compulsory Purchase
Association and one of the iudges for the Annual British Council of
Shopping Centres Town Centre Environment Award. I have also been
Chairman of the Urban Design Alliance (during 2000) and have
assisted CABE as an 'Enabler', helping to promote public sector
regeneration projects.
1.2 I am an Executive Director with CB Richard Ellis (formerly
CB Hillier Parker) and since the mid 1 9801s, I have been
responsible for leading the Planning and Public Sector Group. I am
now particularly responsible for advising public sector clients on
development and regeneration projects nationwide.
1.3 I am very familiar with Bath and with the properties which
are the subiect of this CPO Inquiry. I have witnessed the changing
patterns of retailing in the city over the last 10-20 years, and in
particular, my colleagues and I have advised the Council on the
Southgate proposals since the mid/late 1990's. I am therefore also
very familiar with the Council's objectives to secure a sustainable
and deliverable solution for this area, through the early
confirmation of the Compulsory Purchase Order and Road Closure
Order which are the subiect of this Inquiry.
1.4 My evidence deals with commercial property considerations
relating to the proposed Southgate scheme, including evidence on
the retail health of the City Centre and demand from potential
occupiers of the new accommodation. It also deals with the
Council's role in this project as property owner and with the port
that it has already played in securing the implementation of the
Scheme. My evidence also addresses the reasons for the Council
using compulsory purchase powers, having due regard to the relevant
statutory guidance, as well as the benefits to Bath city centre
which will be derived by the early implementation of the proposed
Scheme. It concludes with the principal reasons justifying the
confirmation of the Order and Stopping Up Order.
BACKGROUND
TO THE COUNCIL'S
DECISION TO USE
COMPULSORY PURCHASE
POWERS
1.5 The Council decided to use its CPO powers so as to secure,
in the public interest, the redevelopment and improvement of the
Southgate area via a comprehensive mixed-use scheme, comprising
retail, leisure, housing, car parking, a new public transport
interchange and the creation of a new public square.
1.6 The Council has been well aware of the deficiencies of the
existing retail (and other) accommodation within the Southgate
Centre and the adioining land for many years. These were described
in the 1988 Bath City Council (Southgate) Obiectives, which are set
out in full in CD1 0.1.
1.7 Since CB Richard Ellis (originally as Hiller Parker and
latterly as CB Hillier Parker) was appointed by the Council in late
1996 as its property and development consultants in respect of the
Southgate project, our analysis has also demonstrated that there is
a wide range of reasons why this project should be pursued and
completed.
1.8 The scheme which the Council and CGNU chose to take forward
in partnership, and which now underpins the Order, not only
satisfies the original 1988 objectives, but also meets fully the
Council's 'commercial ' obiectives. This latest scheme also meets
the Council's other requirements and it accords fully with the
policies of the adopted development plan, as described in the
evidence of Rodney Carran, Roger Guy and others.
Current Commercial/Retail 'Health' of Bath City
Centre
1.9 There are several trends and indicators, relating to the
retail or commercial health of Bath city centre, which illustrate
not only Bath's relative attractiveness but also how, in other
respects, it has failed to adapt and is increasingly at risk for
the future, in part due to the absence of maior new redevelopments
such as Southgate. The early implementation of these proposals will
therefore be crucial in addressing the deficiencies and weaknesses
in the city centre, perceived by both shoppers and retailers
alike.
1.10 Over the last 10-1 5 years, the historic fabric of Bath has
been both an attraction and a problem for retailers. I know Bath
well and it is clear that some new retailers and shoppers have been
attracted to the City Centre but many have foiled to secure the
space that they need because few properties have changed hands over
this period. There remains the risk that the historic fabric of the
City Centre will not be maintained adequately and appropriately if
new retail investment is diverted instead to out of centre
locations.
1.11 Bath is, therefore, a retail centre 'under pressure', with
the Scheme providing the solution which will meet trader demand and
remove much of that pressure. Bath's future retail offer -without
the Scheme - would be severely constrained, and the city's retail
health would be at risk. The need for new floorspace partly arises
from traders who have so far been unable to obtain any space in the
City Centre. There are also many examples of retail companies whose
existing accommodation in Bath falls far below their current
'ideal' equirement. This applies to department store groups
and to a number of fashion retailers, some of which trade from the
existing, constrained accommodation within Stall Street or
elsewhere. The Scheme has therefore been designed to meet this wide
range of retail needs, incorporating components such as the
department store and the other large stores which will make the
City Centre as a whole far more attractive to shoppers and
visitors.
1.12 At a time when the city is facing a very substantial level
of change, it is vital that the Scheme, which has for many
yearsbeen the cornerstone of the Council's policy to improve the
retail health of the city centre, now has the opportunity to
proceed. In turn this will bring wider benefits to other parts of
the city centre.
THE CASE FOR
COMPREHENSIVE TREATMENT
1.13 The land within the Order is all required so as to ensure
that the Scheme as a whole can be implemented successfully. A
successful retail scheme, of the requisite scale and quality can
become part of the fabric of Bath and meet the Council's wider
obiectives, as well as meeting at least four key criteria (as set
out below). In essence, such a scheme:-
i) must be well related and directly connected by strong
shopping routes to the prime and secondary retail areas, especially
the prime area of Stall Street - and, to a lesser extent, the
secondary locations such as Southgate Street, or other key
destinations like the city's rail and bus stations;
ii) must be sufficiently large to provide adequate space and
depth for an anchor department store, for other major shop units or
stores (MSU's), sufficient replacement car parking, and a modern
servicing solution;
iii) must have pedestrian/retail routes which build on natural
and/or established routes;
iv) must have adequate 'critical mass' to ensure 'viability' and
'presence' to attract both retailers and shoppers
alike.
1.14 Much of the site boundary for Southgate's redevelopment has
remained fixed since 1997, although refinement of scheme design and
layout has resulted in significant changes, especially around
Dorchester Street. In other words, the various proposals for the
Southgate area have focused on much the same area for nearly 10
years. When the Main Scheme Planning Permission was granted on 25
September 2003, it therefore related to the same 'core' area of
land around the existing Southgate shopping centre which had been
under consideration for nearly a decade. With a consistent planning
strategy, established over many years since decisions 'in
principle' were first taken to support Southgate's redevelopment in
1988, planning permission also in place since September 2003 and a
consistent requirement as to land take for the chosen scheme over
an even longer period, there is nodoubt in my view that the need
for 'comprehensive treatment', and for the inclusion of all the
relevant property interests within a confirmed Order, are both
clearly established.
1.15 In a city centre such as Bath, where underused land is in
very short supply, it is also a significant achievement to have
devised a mixed use, high density scheme which meets the relevant
commercial criteria (including those of a maior department store
operator) as well as satisfying the Council's objectives on a
relatively constrained site such as this. Despite these
constraints, the Scheme, for which the Order is needed, is of
sufficient size and 'critical mass' to attract both retailers and
shoppers, while satisfying the Council's design and other planning
criteria.
1.16 There is therefore a compelling case in the public interest
for the assembly of the remaining interests through a confirmed
Order. More than 15 years after it was first decided that the
(previous) Council should support a redevelopment based on
obiectives which recognised the inadequacies of the existing
Southgate Centre, it is crucial that the land assembly process does
not now hold up this project any further. This is especially so as,
potentially, the Scheme can make such a positive difference to
Bath, through the benefits which it will bring.
1.17 CGNU and its team have made all reasonable efforts to
acquire all the interests within the Order by agreement. CGNU
remain willing to acquire the remaining interests through
negotiation and they have also agreed to underwrite all the
Council's costs associated with the Order. This means that,
irrespective of whether the outstanding interests are ultimately
acquired by CPO by private treaty, the implementation of the Scheme
will not be delayed. It is however impractical and unrealistic to
assume that all interests will be acquired by private treaty
negotiation. If such a route were to be relied upon, there would be
no certainty that the Scheme would be delivered within the
foreseeable future.
1.18 It would clearly be wrong for any local authority to seek
to proceed indefinitely towards its stated aims on implementing new
city centre shopping without making a full commitment to taking
positive action to secure such developments. Indeed, for some
considerable time, the Council has made it clear that it would if
necessary use its CPO powers to assemble the 100 or so separate
freehold and leasehold interests needed to ensure that the
Southgate scheme would be delivered.
1.19 Given the passage of time since September 2003, when the S1
06 Agreement was signed and planning permission was granted, and,
more particularly the 15 years prior to that, since the first
support for a proiect at Southgate was endorsed by the (previous)
Council, via the 1988 objectives, it is entirely appropriate that
this Order should now be confirmed. The Council has however not
only taken positive steps to ensure the Scheme's implementation by
means of promoting a compulsory purchase order. It has also agreed
financial terms with CGNU and these terms and the key elements of
the development documentation have recently been reported to, and
approved by, the Council. The Building Agreement will be completed
shortly. Thus, if the Order is confirmed without delay, the
mechanisms are very likely to be in place to secure the rapid
implementation of the Scheme.
THE QUALITATIVE
BENEFITS WHICH WILL BE
SECURED FOR
BATH CITY CENTRE
IF THE ORDER IS CONFIRMED
1.20 The Council and its development partner (CGNU), together
with the wider retailer/investor community, must have certainty in
order to take decisions about how - and where - new commercial
investment should proceed in Bath city centre. Once construction
starts at Southgate, there will be a significant positive impact on
Bath city centre's image as a result of the new development being
carried through. This will have an even greater positive effect
once the Scheme is complete, i.e. from 2010 onwards.
1.21 The steps that the Council has taken to support the CGNU
proposals for Southgate, through the exercise of its compulsory
purchase powers, will also help to address positively the image of
Bath city centre, so as to ensure that it is regarded as a location
which increasingly sees significant new large scale projects
proceed to fruition. There are also likely to be a much wider range
of positive social, economic and environmental consequences which
will follow, once the Southgate redevelopment has been completed.
These will be spread across the wider city centre area and beyond,
bringing jobs and other opportunities; spin-off benefits for a wide
range of 'related businesses' well beyond the Southgate area; and
significant environmental improvements for pedestrians and
shoppers, at the heart of a highly visible part of Bath city
centre.
1.22 In summary, the main retail-related benefits which will
flow from the Scheme if the Order is confirmed are:-
i. Bath will have a new retail destination, with over 37,500 sq
m of new retail floorspace plus nearly 6,000 sq m of additional
space for leisure and restaurant uses. This will be a true 'focus'
for both retailers and shoppers who are seeking an enhanced retail
experience in Bath city centre.
ii. Bath will have a new department store, creating a
significant attraction which will be dramatically different from
any of the existing major retail stores in Bath.
iii. There will be new purpose-built retail accommodation in the
heart of the city centre, on a scale not previously experienced in
Bath since the opening of the original Southgate Centre.
iv. There will be a wide range of modern, well proportioned and
attractive new retail accommodation.
v. The Scheme will include around 724 car parking spaces in the
replacement car park, including 32 spaces for disabled people and
including some other spaces for rail commuters displaced from the
ramp adjacent to the railway station.
vi. The servicing arrangements, created as part of a
purpose-built solution, partly in the basement, will be
specifically designed to meet the current and future requirements
of leading retailers.
1.23 Other wider benefits will flow from the implementation of
the Scheme. Together, these should help to meet a number of the
Council's other policy aspirations by:-
- Securing an enhanced pedestrian environment across a wide area
from Stall Street/New Orchard Street in the north to Dorchester
Street and the new bus/railway stations in the south; and from
Manvers Street in the east to Southgate in the west;
- Delivering a significant improvement in urban design quality
throughout a major part of the city centre including public
art;
- Delivering a range of transport enhancements and helping to
fund other long term changes to assist bus movements in the city
centre;
- Enhancing safety and security for pedestrians via CCTV and
other measures;
- Promoting sustainable solutions and implementation
methods;
- Facilitating the restoration of unused parts of the station
fabric and vaults, while enhancing the use and accessibility of the
railway station to all customers;
- Creating the potential for increased tourist expenditure in
Bath city centre; and
- Ensuring that the city centre as a whole functions as a true
regional retail destination.
1.24 All of the benefits outlined above will help to drive
forward the positive perception of Bath as a thriving dynamic city
within a buoyant environment for new business growth. Bath city
centre has a real opportunity to secure a substantial range of
benefits which can improve its 'retail offer', to traders and
shoppers alike, in a location which is fully integrated with the
'prime' retail pitch. There will be significant long term benefits
to the city centre in social, economic and environmental terms. The
scale of new retail floorspace is also justified and fully
supportable having regard to the available retail expenditure, and
the completed scheme will be entirely consistent with the policies
set out in the Structure Plan, the Adopted Local Plan, and the
Draft Replacement Local Plan.
1.25 The Scheme will therefore address all these issues and will
provide a wide range of public benefits, secured through the
implementation of a public/private partnership between the Council
and the headlessee of the existing Southgate Centre, CGNU. Taken
together, these benefits make a compelling case in the public
interest for the confirmation of this Order.
1.26 The time is now right for the implementation of this
Scheme. This means that the Order needs to be confirmed now, so as
to facilitate an early construction start and phased completion, by
2008-10. Much of the land assembly required for the Scheme has been
put in place by CGNU by agreement, but the remaining uncertainties
over delivery now need to be removed through the confirmation of
this Order.
1.27 With a highly experienced and well-resourced development
partner in place, with whom all the necessary development
documentation has been exchanged, the Council is rightly confident
that the Scheme can be delivered without further delay. In turn,
the Secretary of State can be equally certain that confirmation of
the Order is fully justified having regard to the advice set out in
Appendix A to Circular 02/03. I therefore have no hesitation
in recommending that this Order is confirmed without
delay.
