1.
Introduction
Roger Guy will say:
1.1 I am Roger Guy. I am a
Member of the Royal Institution of Chartered Surveyors and the
Royal Town Planning Institute. I have 34 years experience in
planning, the first 29 years in Local Government and the last five
as a self employed Planning Consultant.
1.2 I was closely involved
with the proposals for the redevelopment of Southgate throughout my
employment with the Council. When I left the Council’s employment
in 2000, the Council retained my services regarding the handling of
the main planning application until it was determined in September
2003. Since then I have continued to advise the Council’s Southgate
Project Team on planning issues and have been involved in the
ongoing discussions regarding compliance with the conditions
imposed on the Main Scheme Planning Permission and the terms of the
related Planning Agreement.
2. Scope of
Evidence
2.1 In this evidence I will
describe the evolution of the designs for the redevelopment of the
Southgate area and the processing of, and decisions relating to,
the planning, listed building and conservation area consent
applications. I will demonstrate that the Scheme complies with
national and regional planning policy, as well as the policies of
the Adopted Local Plan and the Draft Replacement Local Plan. I will
set out the planning policy considerations that support the
Council’s decision to make the Order, indicating the planning
benefits the Scheme will bring and showing that there are no
planning impediments to the implementation of the Scheme (Circular
02/2003).
2.2 I will refer to the
requirements of Section 226(1)(a) and 226(2) of the TCPA 1990 and
demonstrate that the Order Land is suitable for the implementation
of this major and strategically important redevelopment scheme.
2.3 In my evidence I have
adopted the abbreviations and definitions set out in the Glossary
of Key Terms submitted as CD 10 9.
2.4 I submit as an Appendix
a Chronology of the Southgate Redevelopment for ease of
reference.
3. The Local
Planning Authority’s Decision-Making Structure
3.1 The applications for the
Planning Consents were considered by the Council’s Development
Control Committee which has full delegated powers. The Committee is
serviced by the Head of Planning Services to whom delegated powers
to act on the Committee’s decisions is given.
4.
Description of the Site and Applications
4.1 A description of the
site and its existing components is given in the Report and Update
Report to the Development Control Committee dated 10 May 2002
(CDs 5.1 and 5.2) and in Mr. Carran’s evidence.
4.2 Four related
applications were submitted:
Planning Application (Ref: 97/01019/FUL) (CD 4)
for the comprehensive redevelopment of the Southgate area. It was
submitted in 1997 and substantially amended several times before
the June 2001 submission when the Environmental Statement was
replaced by a consolidated version. Further significantly changed
plans and supplementary Environmental Statement information were
received in March 2002 (the “Main Planning Application”).
Planning Application (Ref: 01/01377/FUL) (CD 6.1)
received in June 2001 for works to alter the Southgate Footbridge,
construct a landing stage and to link the Widcombe Footbridge to
the riverside towpath. Plans amending this application were
received in March 2002.
Listed Building Consent Application (Ref: 01/01431/LBA)
(CD 6.3) received in June 2001 for the alterations to the
Railway Station and goods yard vaults, demolition of the car park
ramp, alterations to station forecourts, external works in the
curtilage of the station, relocation of the listed telephone
kiosks; alterations to the Argyll Hotel building. It was amended to
reflect the planning application in March 2002.
Conservation Area Consent Application (Ref: 00/01761/CA)
(CD 6.5) for the demolition of all unlisted buildings and
structures within the site received in August 2000.
4.3 The Environmental
Statement considered whether the Scheme would affect the integrity
of the Bath Hot Springs source. CGNU must obtain consent under the
County of Avon Act in respect of its proposed construction
methodology. On the basis of its review of the information provided
as part of the environmental assessment of the Main Planning
Application, the Council is of the view that there is no reason why
this consent should be refused.
4.4 Extensive consultation
and public notification of the proposals was carried out when the
Main Planning Application was submitted, and again each time the
Scheme was amended. Full details of this consultation process can
be found in the 10 May 2002 Report and Update Report to the
Development Control Committee (CDs 5.1 and 5.2).
5. Scheme
Evolution 1988-2003
5.1 The Prudential Assurance
Company, the former leaseholders of the Southgate Shopping Centre,
sought unsuccessfully to agree proposals to redevelop Southgate in
the 1980’s. In 1988, the former Bath City Council drew up the Bath
City Council Objectives (CD 10.1) to guide the redevelopment
of the area and inform the local planning policies.
5.2 In 1995, the
Southgate Shopping Centre and the Existing Bus Station were
acquired by General Accident (now CGNU) and Shearer Property
Holdings. In May 1996, the Council’s Planning, Transport and
Environment Committee approved a document prepared by the Council
entitled the ‘Southgate Issues Report’ (CD 10.2) as the
basis for negotiations for any redevelopment proposals.
5.3 In April 1997, a
paper was produced by Chapman Taylor entitled the ‘Review of
Evolution of Outline Proposals’ (CD 10.7) which set out a
range of pre-requisites and issues to be taken into account in the
redevelopment of the Southgate area. In May 1997, the Planning,
Transport and Environment Committee and the Property Committee
approved this paper as planning guidance for the Southgate
area.
5.4 A description of
the original 1997 proposal, together with details and an
explanation of the subsequent scheme revisions, is set out in Mr
Carran’s evidence.
5.5 The March 2002
revisions to the Main Planning Application were considered by the
Council’s Development Control Committee on 10 May 2002. The
Committee resolved to grant the Main Scheme Planning Permission
subject to a number of matters which were set out in the committee
resolution (CD 5.3). At that meeting, the Committee also
considered and resolved to grant the following consents:-
• Southgate Footbridge Planning
Permission (Ref: 01/01377/FUL) (CD 6.1) - granted on 10
May 2002;
• Listed Building Consent (Ref:
01/01431/LBA) (CD 6.3) - granted on 21 June 2002; and
• Conservation Area Consent (Ref:
00/01761/CA) (CD 6.5) – granted on 10 May 2002.
5.6 The Main Planning
Application was referred to the Secretary of State who advised the
Council that he did not wish to call it in for his own
determination on the basis that it did not conflict significantly
with national planning policies (CD 5.9).
5.7 At the end of
2002, following extensive discussions regarding the outstanding
issues outlined in the committee resolution and a detailed review
of the Scheme by the applicants, a number of changes were proposed
by the applicants. These proposed changes are set out in the report
to the 5 June 2003 Development Control Committee (CDs 5.4 and
5.5).
5.8 The nature and
extent of the proposed changes were such that it was considered
appropriate for the Scheme to be considered again by the
Development Control Committee and for further consultation to be
undertaken with appropriate bodies.
5.9 The Committee
accepted some of the changes proposed and resolved that the
application be determined in accordance with its resolution of 10
May 2002 as amended to reflect their decision on the proposed
changes. The committee resolution is set out in CD 5.6. GOSW
subsequently confirmed that, in view of the limited acceptance of
the changes by the Council, a further reference to the Secretary of
State under the Shopping Direction was not necessary.
5.10 On 24 September 2003, CGNU
and the Council entered into the Planning Agreement (CD
5.7). The Main Scheme Planning Permission was granted on 25th
September 2003 (CD 5.8) for the redevelopment of the site to
provide 37,567 sq.m. of gross retail floorspace; 3,522 sq.m. of
leisure floorspace; 2278 sq.m. of Class A3 (restaurant) floorspace;
91 residential units (of which 23 will be affordable housing); 724
basement car parking spaces and a new Transport Interchange.
6
Policy Framework
6.1 The Scheme was
fully supported by the policy position at the time of the
determinations and policy changes since then have not altered this
position.
Regional Planning Guidance (RPG10)
6.2 The Council’s
objectives in promoting the regeneration of the Southgate area,
through the comprehensive redevelopment of the Order Land to
provide a mix of uses including retail, residential, leisure, a new
Transport Interchange and other significant environmental
improvements, accord fully with RPG10.
The Development Plan
6.3 The statutory
development plan comprises the adopted Joint Replacement Structure
Plan (2002)(the “Structure Plan”) and the adopted Bath Local Plan
(1997)(the “Adopted Local Plan”).
The Structure Plan (CD 2.1)
6.4 The Structure Plan
was adopted in September 2002. Its policies seek to promote the
enhancement of existing centres, the principles of sustainable
development and good public transport. The policies most relevant
to the Scheme are Policy 6: Maintenance of regional role, retail
provision, tourism, employment, housing, traffic management and
parking and Policy 40: Retail provision.
6.5 The Scheme
satisfies a number of the objectives set out in Policy 6 and
accords with Policy 40 by meeting an identified need for new retail
development in the centre of Bath.
Adopted Local Plan (CD 2.2)
6.6 The Adopted Local
Plan was adopted in June 1997. It promotes the regeneration of the
Order Land which it describes as not in keeping with the style,
form and variety of buildings in the City Centre.
6.7 The policies in
the Adopted Local Plan were taken into account in the determination
of the applications for the Planning Consents. Of particular note
are H6: Affordable Housing; R3: Redevelopment of Southgate; T1:
Public Transport; C6: Demolition in the Conservation Area and C11,
C12 & C13: Listed Buildings. A full analysis of the Scheme’s
compliance with these policies is set out in the report to the 10
May 2002 Development Control Committee (CDs 5.1 and
5.2).
The Draft Replacement Local Plan (CDs 2.3, 2.4 and
2.5)
6.8 The Draft
Replacement Local Plan will cover the period up to 2011.
6.9 In 2000, the
Council commissioned Nathaniel Lichfield and Partners (“NLP”) to
prepare an assessment of the comparison and convenience retail
floorspace requirements up to 2011. The results of that assessment
were set out in a report entitled the ‘City and Town Centres Study
(July 2000)’ (CD 10.4) which advised that additional retail
floorspace was needed in Bath and recommended that the Council
should take steps to secure the redevelopment of Southgate as soon
as possible. The study informed the policies in the Draft
Replacement Local Plan. The retail floorspace proposed by the
Scheme falls within the Adopted Local Plan limitation and would
fulfill the criterion recommended by NLP.
6.10 Since then, and to further
inform the Draft Replacement Local Plan, another study has been
carried out by NLP for the Council. This study, entitled the ‘City
and Town Centres Study (October 2004)’ (CD5 10.5 and 10.6),
indicates that a larger amount of retail space is now believed to
be needed.
6.11 Consultation on the Draft
Replacement Local Plan was being undertaken whilst the applications
for the Planning Consents were being considered. The emerging plan
was therefore a material consideration in the determination of the
applications, although at that time the plan had little weight. In
October 2003, the plan reached the Revised Deposit stage and at the
same time was approved by the Council for use for development
control purposes. The Local Plan Inquiry regarding objections made
to the Draft Replacement Local Plan commenced on 8 February 2005
and will close before the CPO Inquiry opens.
6.12 The Scheme complies in all
respects with the following relevant policies in the Draft
Replacement Local Plan:
S.1: Hierarchy of shopping centres and
the need to maintain and enhance them.
S.2: Retail development proposals within
the centres identified under S.1.
S.3: Land allocated for retail
development.
GDS.1(B4): Southgate
T12: Transport Interchange
Planning Policy Guidance Notes
6.13 Planning Policy Guidance
Notes (PPGs) were material to the consideration of the applications
for the Planning Consents by the Council. PPG1, PPG6 and PPG23 have
now been replaced by PPS1, PPS6 and PPS23 respectively but are
referred to in my evidence because it was this guidance which was
taken into account by the Local Planning Authority in the
determination of the applications.
6.14 The following guidance notes
are of particular relevance to the consideration of the
Scheme:-
PPG1 General Policy and Principles (1997) (CD 1.6) and
PPS1 Creating Sustainable Communities (CD 1.7)
PPG3 Housing (March 2000) (CD 1.8)
PPG6 Town Centre and Retail Developments (1996) (CD 1.9)
and PPS6 Planning for Town Centres (CD 1.13)
PPG13 Transport (1994) (CD 1.10)
PPG15 Planning and the Historic Environment (1994) (CD
1.11)
PPG16 Archaeology and Planning (1990) (CD 1.12)
PPG23 Planning and Pollution Control (1994) (CD 1.14) and
PPS23 Planning and Pollution Control (CD 1.15)
PPG24 Planning and Noise (1994) (CD 1.16)
7. The
Benefits of the Scheme
7.1 Maintenance and
enhancement of Bath’s position in the regional shopping
hierarchy.
7.2 The provision of a
further major anchor store.
7.3 A broadening of
the types and size of retail premises.
7.4 New residential,
including affordable, accommodation in the City Centre.
7.5 Additional
leisure, food, drink and catering uses.
7.6 Two new public
squares and 24-hour pedestrian streets.
7.7 An attractive
destination through the replacement of a large area of jaded,
inappropriately designed and redundant buildings.
7.8 Additional street
level pedestrian crossing points and improved facilities for
disabled people with a new shopmobility facility.
7.9 A new bus station,
linked via a new public square to the Railway Station.
7.10 New public art, public
lavatories and an extended CCTV system.
8.
Section 226 Town and Country Planning Act 1990 (“TCPA 1990”) (CD
1.1)
8.1 Section 226(1)(a)
of the TCPA 1990 provides that where a local authority seek to
compulsorily acquire land they must show that it is, inter alia,
suitable for the carrying out of development, re-development or
improvement. In doing so they shall have regard to the provisions
of the development plan, whether planning permission is in force
for the development of that land and any other considerations which
would be material for the determining of an application for
planning permission for development on the land (S226(2)).
8.2 The Scheme fully
accords with current development plan policies and has the benefit
of the Planning Consents providing a high degree of certainty. All
other material considerations taken into account by the Local
Planning Authority at the time these consents were granted (e.g.
national planning policies and the policies contained in the Draft
Replacement Local Plan) remain relevant today and demonstrate the
suitability of the Order Land for the Scheme.
8.3 It is therefore my
view that, from a planning perspective, the Order Land is suitable
for development, redevelopment and improvement in accordance with
S226(1)(a) of the TCPA 1990.
9.
Conclusions
9.1 The visual
appearance of the Order Land and the pedestrian facilities within
the area are poor. The Southgate Shopping Centre is no longer
suited to modern retailing and its design is now generally accepted
as inappropriate to the character and appearance of Bath.
9.2 Competition from
other retail centres is increasing. Failure to improve the retail
offer and environment could lead to the decline of Bath as a
regional shopping destination.
9.3 This Scheme is one
that is necessary and appropriate to secure Bath’s retail position
for the immediate future. The significant benefits and outcomes of
the Scheme are dependent on it being able to proceed
comprehensively.
9.4 Any further delay
to the implementation of the Scheme would result in a massive loss
of confidence amongst others who are considering investing in
Bath.
9.5 The Scheme
provides the opportunity to create an environment worthy of Bath
and forward looking.
9.6 The Scheme will
deliver positive planning, transport and regeneration benefits and
is exactly the type of development that Government is encouraging
local authorities to facilitate.
9.7 It locates major
new development in the City Centre, maximises the re-use of
under-used urban land, achieves a mix of uses and provides
economic, social and environmental benefits and will achieve many
of the key objectives of current planning policy.
9.8 The Scheme is
fully in accordance with national, regional and local policy.
9.9 All the necessary
Planning Consents are in place to enable the Scheme to proceed and
the Order Land is clearly suitable for development, redevelopment
and improvement as required by Section 226(1)(a) of the TCPA
1990.
