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 and hold a Diploma
in Town and Country Planning. 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
From 1990 until 1995 I was the Assistant Director (Planning
Control) for Bath City Council. Following the restructuring of the
County of Avon in 1995, when Bath and North East Somerset Council
was created, I became the Planning Control Manager for Bath. In
1997, I became the Development Manager. In 2000, I left Local
Government and became self employed.
1.3
I was closely involved with the proposals for the redevelopment of
Southgate throughout my employment with both Bath City Council and
Bath and North East Somerset Council, dealing personally with the
pre-application discussions, the planning application submitted in
1997 and managing the applications for listed building and
conservation area consent.
1.4 When I left the
Council's employment in 2000, the Council retained my services in
relation to 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 also explain the consultation process carried
out by the Council during the consideration of the applications and
show how the design of the Scheme changed in response to issues
raised by the proposals. I will demonstrate that the Scheme
complies with national and regional planning policies, as well as
the policies of the Adopted Local Plan and the Draft Replacement
Local Plan, the latter currently being the subject of a Local Plan
Inquiry. 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. Finally, I will provide a response to some of
the objections to the Order in so far as they relate to the scope
of this evidence.
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 At the time of the
determination of the planning and related applications for the
Scheme, the structure of the Local Planning Authority was as
follows:
· Development
Control Committee: This met as needed to deal with applications of
district wide significance or of a particularly controversial
nature. The Scheme was considered to be of district wide
significance and accordingly the applications were dealt with by
this Committee. The Committee has full delegated powers.
· Development
Control Sub-Committees: Dealt with all other applications.
· Head of
Planning Services: Responsible for servicing the above
Committees.
· Planning
Control Manager (Bath): Responsible for the day to day management
of the Planning Control Section dealing with all applications and
related work within Bath.
4.
Description of the Site and Applications
The Application
Site
4.1 The Southgate
redevelopment area embraces about five hectares of the City Centre
on land bounded to the north by New Orchard Street and Henry Street
(the line of the city wall), to the east by Manvers Street, to the
south by the Railway Station and the River Avon, and to the west by
Southgate Street.
4.2 A detailed
description of the existing components of the site is given in the
Report and Update Report to the Council’s Development Control
Committee dated 10 May 2002 (CDs 5.1 and 5.2) and in Rodney
Carran’s proof of evidence.
The Applications
4.3 The following four
related applications were submitted during the consideration of the
redevelopment proposals:
4.3.1 Application for full planning
permission (Ref: 97/01019/FUL) (CD 4) for the comprehensive
redevelopment of the Southgate area and related works. This
application was submitted in 1997, substantially amended in October
1998 with further revisions received in February and March 1999. It
was again substantially amended in October 1999 and again in June
2000 and June 2001 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").
4.3.2 Application for full planning
permission (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 (Halfpenny) footbridge to the riverside
towpath. Plans amending this application were received in March
2002.
4.3.3 Application for listed building
consent (Ref: 01/01431/LBA) (CD 6.3) received in June 2001
following the withdrawal of earlier applications, 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 Argyll Hotel building; in
association with the scheme for the redevelopment of Southgate.
4.3.4 Application for conservation area
consent (Ref: 00/01761/CA) (CD 6.5) for the demolition of all
unlisted buildings and structures within the site received in
August 2000 following the withdrawal of the original conservation
area application.
Environmental Statement (CDs 7 & 8)
4.4 The Main Planning
Application was accompanied by an Environmental Statement (the
"ES") which was submitted in accordance with the Town and Country
Planning (Assessment of Environmental Effects) Regulations 1988 as
amended in 1992 and now replaced by the Town and Country Planning
(Environmental Impact Assessment)(England and Wales) Regulations
1999.
4.5 During the
consideration of the Main Planning Application, the ES was amended
or supplemented to reflect the changes to the Scheme. It was
replaced completely in June 2001 because the documentation had
become difficult to follow due to the number of changes and
additional papers submitted. The ES comprised documents and plans
dealing with the following issues:-
Archaeology
Design and Conservation
Transport
Air Quality
Infrastructure and Services
Ground Conditions including the Bath Hot Springs
Land Contamination
Economic Impact
Phasing and Construction
together with a supporting statement which summarised the above
documents, described the Scheme in general terms and suggested
planning conditions and heads of terms for the Planning Agreement.
A supplementary ES was then submitted in March 2002.
4.6 The sections of
the ES relating to ground conditions and hydrogeology both dealt
with the issue of whether the Scheme would affect the integrity of
the hot springs source. Information obtained from boreholes
and pumping tests on the site was provided and interpreted in the
ES. The ES also provided details of a methodology for the
construction of the deep basement which was designed to ensure that
if hot artesian water is encountered it can be contained. This
information was reviewed by the Council’s Consultant Geologist and
the Environment Agency (the "EA"). Additional information was
requested and by the time that the Main Planning Application was
determined, the Council, its Consultant Geologist and the EA were
satisfied that sufficient information had been provided to give a
reasonable level of confidence that the Scheme could be undertaken
without harm to the hot springs source provided that a suitable
construction methodology was used. This will be determined in
detail prior to construction commencing through the requirement on
CGNU to obtain consent under the County of Avon Act for any works
on the Southgate site more than 5m below original ground level. An
application for consent under the County of Avon Act is expected to
be made during the months before construction commences. The
Council will again consult its Consultant Geologist and the EA
before issuing a consent. The consent will be conditioned to ensure
that the works are carried out in the approved manner. Given that
the review of the detailed information available at the time of the
Main Planning Application revealed that the Scheme could be
undertaken without harm to the hot springs source, there is no
reason to suppose that the need for a consent under the County of
Avon Act will be an impediment to the Scheme proceeding.
Consultation
4.7 Extensive
consultation and public notification of the proposals was carried
out when the Main Planning Application was submitted, and again
each time that the Scheme was amended. Full details of this, and
the consultee and public responses, 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 1988-1997
5.1 During the 1980’s
the Prudential Assurance Company ("Prudential"), who were then the
leaseholders of the Southgate Shopping Centre, sought to pursue the
redevelopment of the Southgate area. In December 1988, in response
to the approaches by Prudential, the former Bath City Council drew
up a set of objectives known as the Bath City Council Objectives
1988 (CD 10.1) which were to guide the redevelopment of the
area.
5.2 These objectives
informed the Adopted Local Plan policy for the redevelopment of the
Southgate area.
5.3 In 1988 Prudential
submitted a planning application (Ref: 7741-43) for the
redevelopment of the area. Following extensive negotiations
and consideration by the former Bath City Council, the proposal,
which was for a monolithic roofed-in shopping centre development,
was not pursued and the application was not determined.
5.4 Discussions
continued with the Prudential for several years without an
acceptable scheme emerging.
5.5 In 1995 the
Southgate Shopping Centre and the Existing Bus Station (which had
by then been purchased by Prudential) were acquired by General
Accident (now CGNU) and Shearer Property Holdings who wished to
pursue the redevelopment of the area. Initial meetings with
the developers led the Council to produce a paper entitled the
Southgate Issues Report (CD 10.2) which was presented to and agreed
as the basis for negotiations by the Council’s Planning, Transport
and Environment Committee in May 1996.
5.6 The Southgate
Issues Report (CD 10.2) reviewed the background to the need for the
redevelopment of the area and identified issues which should be
taken into account in any redevelopment proposals.
5.7 In April 1997 a
paper entitled the "Review of Evolution of Outline Proposals" (CD
10.7) was prepared by the applicant's architects, Chapman Taylor.
This paper set out a range of pre-requisites and issues to be taken
into account in the redevelopment of the Southgate area. It
reflected the outcome of extensive discussions between General
Accident and Shearer Property Holdings, Council officers and the
Council's advisors, CB Hillier Parker.
5.8 The document was
reported to the Planning, Transport and Environment Committee and
the Property Committee in May 1997 and was approved as planning
guidance for the Southgate area. The original planning
application followed the principles set out in that document.
Further evidence on the content and objectives of this document
will be given by Rodney Carran of Chapman Taylor.
1997-2002
5.9 A description of
the original 1997 proposal the subsequent revisions is set out in
the Report and Update Report to the Council’s Development Control
Committee dated 10 May 2002 (CDs 5.1 & 5.2) and in section 7 of
Rodney Carran’s evidence. The history of the listed building and
conservation area consent applications is also set out in those
documents. Reduced scale copies of the ground floor layouts of the
various versions of the Scheme are appended to Mr. Carran’s
evidence at Figures 4 to 8. The reasons for the scheme changes are
also explained in his evidence. It can be seen that these changes
were primarily a result of the applicants responding to the issues
and concerns raised by the Local Planning Authority, their
consultees and the public.
10 May 2002 Development Control Committee
5.10 The March 2002 revisions were
considered by the Council’s Development Control Committee on 10 May
2002. The full resolution is set out in CD 5.3. The Committee were
supportive of the proposals and resolved to authorise officers to
grant planning permission, subject to the following:
the Secretary of State not requiring the application to be
referred to him for determination;
the resolution of the nine outstanding matters set out in
Section F of the Committee Report;
finalising the detailed drafting of a number of planning
conditions; and
the conclusion of an agreement under Section 106 of the TCPA
1990 covering a number of issues.
5.11 The Development Control
Committee also decided that in the event that either the Planning
Agreement or the matters requiring resolution referred to above
were not resolved to the satisfaction of the Head of Planning
Services, the application be reported back to the Committee for
decision.
5.12 At that meeting, the
Development Control Committee also considered and resolved to grant
the following related consents:
· Southgate
Footbridge Planning Permission (Ref: 01/01377/FUL) (CD 6.2) for
works to alter the Southgate footbridge, construct a landing stage
and to link the Widcombe (Halfpenny) footbridge to the riverside
towpath. The decision notice was dated 10 May 2002.
· Listed
Building Consent (Ref: 01/01431/LBA) (CD 6.4) 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; in association
with the scheme for the redevelopment of Southgate. The decision
notice was dated 21 June 2002.
· Conservation
Area Consent for the demolition of all unlisted buildings and
structures within the site (Ref: 00/01761/CA) (CD 6.6). The
decision notice was dated 10 May 2002.
May 2002 – June 2003
5.13 In accordance with the terms
of the May 2002 committee resolution, the application for the Main
Scheme Planning Permission was referred to the Secretary of State.
GOSW wrote to the Council on 12 June 2002 to advise that the
Secretary of State did not wish to call the application in for his
own determination (CD 5.9). It is clear from GOSW's letter that the
Secretary of State gave careful consideration to the content of the
application and was of the view that there was not sufficient
conflict with national planning policies, or any other sufficient
reason, to warrant calling in the application. The application
therefore remained with the Local Planning Authority for the
drafting of the detailed terms of the Planning Agreement and the
planning conditions, and the resolution of the nine outstanding
issues referred in paragraph 5.10 above.
5.14 Extensive discussions took
place with the applicants and their advisers on these matters. At
the end of 2002 a thorough review of the Scheme was carried out by
the applicants which resulted in a number of changes being proposed
by the applicants.
5.15 Briefly, the changes
requested included design amendments, reductions in the extent of
works and contributions and the omission of some elements of the
Scheme. Full details of the proposed changes are set out in the
Report and Update Report to 5 June 2003 Development Control
Committee (CDs 5.4 and 5.5).
5.16 In view of the nature and
extent of the changes proposed by the applicants it was considered
that, in line with the final part of the May 2002 committee
resolution, the issues should be presented to the Development
Control Committee for consideration.
5.17 Although the applicants did
not submit the changes as formal amendments, the bodies consulted
during the consideration of the Main Planning Application leading
to the May 2002 committee resolution were, where appropriate,
re-consulted.
5 June 2003 Development Control Committee
5.18 The Development Control
Committee accepted some but not all of the changes proposed and
resolved that, if required, the application be referred again to
the Secretary of State for Transport, Local Government and the
Regions in accordance with his Shopping Direction. Subject to the
Secretary of State not wishing to call the application in for his
own determination, the Committee authorised that it be determined
in accordance with its resolution of 10 May 2002 as amended to
reflect their decision on the proposed changes. The full committee
resolution is set out in CD 5.6.
5.19 GOSW subsequently confirmed
that, in view of the limited acceptance of the changes by the
Council, it was not necessary to refer the Main Planning
Application to the Secretary of State under the Shopping
Direction.
5.20 Following the decision of the
Development Control Committee on 5 June 2003, negotiations
continued on the detailed wording of the planning conditions and
terms of the Planning Agreement.
Planning Agreement (CD 5.7)
5.21 On 24 September 2003 CGNU
entered into the Planning Agreement with the Council. The Planning
Agreement requires CGNU to (inter alia):
(a) provide a minimum of 23 affordable housing units;
(b) pay £10,000 to be used by the Council towards the provision
of additional cycle racks throughout the new development; £20,000
to be used by the Council towards the provision of a priority
access point in Manvers Street and £10,000 to be used by the
Council towards the provision of increased CCTV monitoring capacity
at its CCTV control centre;
(c) construct to a shell finish a replacement facility to assist
persons with mobility difficulties to shop in the new development
and pay £50,000 to be used by the Council towards the cost of
fitting out the facility;
(d) meet the cost of traffic regulation orders required to
implement the Scheme;
(e) enter into a highways agreement with the Council for the
carrying out the following highway works:
(i)
landscape works to Southgate and New Orchard Street;
(ii)
reconstruction/resurfacing as appropriate of all adopted
highways;
(iii)
construction of new highway layout at Bathwick Street/Beckford
Road;
(iv)
works to the Churchill Bridge Gyratory;
(v)
works to achieve the travel of buses in a northbound direction only
along Ambury;
(vi)
connection of signals to the Council's Urban Traffic and Management
Control System; and
(vii) construct and maintain public
walkways within the new development;
(f) implement a green travel plan for the new
development;
(g) seek to maximise use of grey water;
(h) seek to minimise energy consumption;
(i) seek to re-use demolition materials in the
construction of the Scheme;
(j) adhere to an archaeological method statement during
construction;
(k) install CCTV cameras at agreed locations throughout the
site;
(l) use all reasonable endeavours to ensure that contractors and
sub-contractors employ a minimum number of local persons during the
construction of the Scheme;
(m) construct and thereafter maintain public conveniences at the
agreed locations throughout the site;
(n) monitor air quality in specified locations throughout the
site;
(o) subject to obtaining the necessary consents from the
Environment Agency and/or the British Waterways Board, carry out
works to:
(i) effect the widening of the northern end of the Southgate
footbridge;
(ii) repair, enhance and improve the tow path on the south side
of the River Avon between the Southgate footbridge and the Kennet
Avon Canal/River Avon junction;
(p) implement a scheme for the restoration and re-use of Avon
House;
(q) use reasonable endeavours to ensure that a tourist
information centre and ticket office are located in the Finger
Vault in the Railway Station;
(r) provide public art in agreed locations throughout the
site;
(s) carry out improvement works to the Railway Station and,
subject to establishing the feasibility of and obtaining the
necessary consents for proposals to open the southern rear door of
the Railway Station to provide a means of access to and egress from
the station, secure the opening of the southern rear door;
(t) carry out works to clean and repair Argyll House or,
alternatively, pay a contribution of £25,000 to be used by the
Council towards the cleaning and repair of Argyll House.
Main Scheme Planning Permission (CD 5.8)
5.22 The Main Scheme Planning
Permission was granted on 25 September 2003 and includes the
following principal elements:
(a) construction of
seven new building blocks in the Southgate area around new open
streets and spaces accommodating retail (including a major
department store and a variety store), leisure (including a new
health and fitness club with swimming pool), and residential
uses;
(b)
91 residential units, of which 23 will be provided as affordable
housing;
(c)
724 basement car parking spaces, including replacement parking for
the Railway Station and 32 spaces for disabled people on the upper
level of the car park;
(d)
construction of a new Transport Interchange to create a more
efficient bus station providing sixteen bays and eight layover
bays, including a new building to be located on the site of
Churchill House to accommodate facilities for the bus operators and
the public;
(e)
creation of a new public square between the Railway Station and the
Proposed Bus Station with retail conversion of the exposed station
vaults and the provision of public conveniences;
(f)
re-modelling of the Railway Station forecourt and rearrangement of
vehicular access to the south of the station to take account of the
creation of the new Transport Interchange. Improvement of
waiting arrangements for taxis and disabled persons parking.
Provision of passenger lifts in the Railway Station on both the
east and west bound platforms. While some of these works will
affect operational areas of the Railway Station, none of proposed
works to the station or adjoining land will prejudice the operation
of the railway;
(g)
former goods yard (currently the upper level Railway Station
parking) to be replaced with a new building for commercial
use, with access from the new public square created by the removal
of station goods yard ramp;
(h)
various associated road closures and road works;
(i) 37,567
square metres of gross retail floorspace which represents a net
increase of retail floorspace of 17,094 square metres. The Scheme
also includes 3,522 square metres of leisure floorspace and 2278
square metres of Class A3 (restaurant) floorspace.
6.
Listed Building Consent Application
6.1 The original
application for listed building consent (Ref: 97/01020/LBA) was
received on 28 November 1997. This was replaced on 24 April 1998 by
a revised version of the application registered on 29 April 1998
which was subsequently withdrawn on 19 February 1999. A second
application for listed building consent (Ref: 99/00102/LBA) was
registered on 11 February 1999. This application was withdrawn on
the 20 December 1999. A third application (Ref: 00/01759/LBA) was
received on 30 June 2000. This application was withdrawn on 20 June
2001.
6.2 A fourth listed
building consent application (ref: 01/01431/LBA)(CD 6.3) was
submitted on 20 June 2001. This was for alterations to the
Railway Station vaults to upgrade them for commercial use, the
demolition of the car park access ramp and the erection of a new
car ramp, alterations to the station forecourts front and rear,
external works in the curtilage of the station, minor works to the
Argyll Building, and the relocation of the five listed K6 red
telephone boxes.
6.3 The Council’s
Development Control Committee considered this application on the 28
September 2001, and the decision was deferred (together with the
Main Planning Application) for further negotiations.
6.4 A revised
proposal, reflecting the changes to the Main Planning Application,
was received on the 18 March 2002. It excluded car parking on
the former goods yard and hence a new ramp was no longer needed,
but included a new building on the top of the former goods
yard. The vaults under the goods yard were to be directly
accessible from the new public square. Full details of the
application and its assessment are contained in the Report and
Update Report to the 10 May 2002 Development Control Committee (CDs
5.1 and 5.2).
6.5 The Listed
Building Consent was granted on 21 June 2002.
7.
Conservation Area Application
7.1 The Conservation
Area Consent application (Ref: No. 00/01761/CA) (CD 6.5) was
registered on 23 August 2000.
7.2 The Scheme
involves the demolition of all the non-listed buildings and
structures within the application site. Full details of the
application and its assessment are contained in the Report and
Update Report to the 10 May 2002 Development Control Committee (CDs
5.1 and 5.2).
7.3 The Conservation
Area Consent was granted on 10 May 2002.
8.
Policy Framework
In this section of my evidence I set out the various national,
regional and local planning policies and guidance which were taken
into account by the Council during the determination of the
planning and other related applications and which are relevant to
the consideration of the Order. I will show that the Scheme was
fully supported by the policy position at the time of the
determinations and that changes to policy or national guidance
since then have not altered this position.
Regional Planning Guidance
8.1 Regional Planning
Policy Guidance for the South West, September 2001 ("RPG10") (CD
2.6) provides guidance on a range of topics including the
environment, economy, housing, transport and traffic. The
guidance sets out 4 aims:
(a) protection of
the environment;
(b)
prosperity for communities, the regional and national economy;
(c)
progress in meeting society's needs and
aspirations; and
(d)
prudence in the use and management of resources.
These aims are taken forward through a
number of policies for the region.
8.2 RPG10
identifies four sub-groups within the region. Bath falls
within the northern sub-region and is one of the six Principal
Urban Areas ("PUAs") within the sub-region. RPG10 stresses the
importance of the northern sub-region as a focus for growth for the
region as a whole.
8.3 RPG10
recognises Bath's regional importance as a
business, cultural and shopping centre and further highlights its
national and international importance as a World Heritage
Site. Policy SS9 contains specific objectives for Bath. They
include the conservation of its unique environment and the
promotion of economic development to enhance Bath's role as a
centre for business, cultural activities, retailing and
tourism.
8.4 RPG10
also seeks to protect the historic environment and sets out
requirements for urban renaissance. Policy EN3 requires the
highest level of protection of historic and archaeological areas,
sites and monuments of international, national and regional
importance. New development should preserve or enhance this
heritage.
8.5 Policy
EC6 promotes the location of developments that attract a large
number of people to be located in the centres of PUAs. The
policy provides that the vitality and viability of existing centres
should be protected and enhanced, through assessing the need for
new development and applying the sequential approach to site
selection.
8.6 The
guidance promotes the reuse of previously developed urban land for
new residential development. Future development in PUAs
should also ensure affordable and decent homes.
8.7 The
guidance promotes the integration of transport and land use
planning in order to reduce the need to
travel and to provide a good choice of travel by sustainable
transport. It advocates the active management of urban car
parking, including the dual use of parking facilities. Policy
TRAN10 aims to increase the share of total travel by walking,
cycling and public transport modes and to provide attractive and
reliable alternatives to the private car. All major new
development should deliver a realistic choice of access by public
transport, walking and cycling.
8.8 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 and leisure, together with the provision of the
proposed Transport Interchange and other significant environmental
improvements, accord fully with RPG10.
The Development Plan
8.9 The development
plan comprises the Joint Replacement Structure Plan (2002) (the
"Structure Plan") and the Bath Local Plan (1997) (the "Adopted
Local Plan"). These two plans constitute the statutory development
plan for the purposes of Section 54A of the TCPA 1990.
The Structure Plan (CD 2.1)
8.10 The Structure Plan was
adopted in September 2002 and sets out the broad planning policy
framework for the former Avon Country area up to 2011. Its policies
seek to promote the enhancement of existing centres and the
principles of sustainable development, including the promotion of
good public transport. The policies set out in paragraphs 8.11 to
8.13 below are particularly relevant to the Scheme:-
8.11 POLICY 6: Maintenance of
regional role, retail provision, tourism, employment, housing and
traffic management and parking and POLICY 40: Retail provision.
The Scheme will enhance the vitality and viability of the City
Centre through the provision of improved shopping facilities,
additional housing, improvements to the Railway Station, the
Proposed Bus Station and the introduction of new leisure
uses. The Scheme also seeks to promote public transport as a
preferred means of travel, thereby satisfying a number of the
objectives set out in Policy 6. The Scheme accords with Policy 40
by meeting an identified need for new retail development within the
heart of the City Centre.
8.12 During much of the time that
the Main Planning Application was being considered, the policy
context derived from the Avon County Structure Plan incorporating
Adopted Third Alteration July 1994. This plan provided the
strategic planning framework which guided the development and use
of land for the former Avon area up to the year 2001. It contained
broad planning policies with which local plans were required to
conform.
8.13 The key policy from the Avon
County Structure Plan which relates to the redevelopment of the
Southgate area was Policy RT.1. This stated that "centres within
the existing shopping centre hierarchy, comprising the regional and
city centres of Bath..... will be maintained and enhanced.
Proposals for retail development within or immediately adjoining
these centres normally will be permitted provided that they:
a) do not adversely affect the historical and/or architectural
character of the centre and its environs; and
b) do not give rise to unacceptable vehicular and/or pedestrian
traffic conditions."
The Adopted Local Plan (CD 2.2)
8.14 The Adopted Local Plan was
adopted as the statutory local plan in June 1997. It contains
planning policies which are specifically related to Bath, and which
were in conformity with the Avon County Structure Plan and
Government guidance of the time. It promotes the regeneration of
the Order Land which it describes as being not in keeping with the
style, form and variety of buildings in the City Centre.
8.15 Bath was inscribed by UNESCO
on the list of World Heritage Sites in 1987. Whilst no additional
statutory controls follow from this, inclusion does highlight the
outstanding international importance of the site as a key material
consideration to be taken into account by local planning
authorities in determining planning and listing building consent
applications.
8.16 In order to define what the
World Heritage status means for Bath and the Council, a statement
of commitment and intent was prepared. This is known as the Bath
Manifesto and was included in the Adopted Local Plan. This greatly
influenced the formulation of all sections and policies of the
Adopted Local Plan.
8.17 The following policies were
particularly relevant to the determination of the applications for
the Planning Consents. A full analysis is set out in the Report and
Update Report to the 10 May 2002 Development Control Committee (CDs
5.1 and 5.2).
8.18 POLICY H6 - AFFORDABLE
HOUSING
The Planning Agreement secures the provision of 23 affordable
units out of the 91 units (25%) proposed in the Scheme. These
affordable units will be transferred by CGNU to a registered social
landlord by way of a lease of a term of not less than 30 years on
the basis that these units are to be let to persons in housing need
on assured shorthold tenancies.
8.19 POLICY H13 - RESIDENTIAL
DEVELOPMENT
The Scheme contributes to meeting general demand for housing
through the provision of 91 residential units. The proposed
residential units are appropriate to the residential character of
the retailing heart of the City Centre. The provision of adequate
off-street parking is not considered an appropriate requirement in
the Central Parking Area.
8.20 POLICY R1 and POLICY R2 -
RETAILING
The Scheme conforms with these policies which are key policies
for the redevelopment of the Southgate area. It aims to ensure that
Bath's retailing role is maintained for the direct benefit and
convenience of residents and visitors, and for the City's economic
vibrancy, whilst ensuring occupancy of the City's stock of
buildings.
8.21 The Adopted Local Plan
contains the following text and policy specific to Southgate:
"7.10 The Southgate area is of major significance because of its
size, centrality and public prominence as a retail area and public
transport interchange.
7.11 It was redeveloped in the 1970s, but is not in keeping with
the style, form and variety of buildings in the City Centre. In
1988, the Council decided the area could be redeveloped and
approved objectives for guidance.
7.12 Any redevelopment of the site should be primarily for
shopping purposes. The Southgate development would be expected to
take up a major part of the comparison floorspace increase allowed
under Policy R2. The development would also be expected to include
an element of housing and other complementary uses, e.g.
restaurant, leisure uses, and a limited amount of office use may be
required to be included where practical, to ensure that this part
of the centre maintains a lively atmosphere. The relationship of
shopping use with a public transport interchange is significant,
and should be retained in accordance with Government guidance.
Improvements would be expected to be made to the bus station. To
limit traffic entering the City Centre, no substantial increase in
car parking provision will be allowed."
|
"POLICY R3 - THE CITY COUNCIL WILL PERMIT THE COMPREHENSIVE
REDEVELOPMENT OF THE SOUTHGATE AREA AS DEFINED ON THE PROPOSALS
MAP, PROVIDED THAT THE REDEVELOPMENT IS PRIMARILY FOR RETAIL
PURPOSES, INCLUDES A PROPORTION OF LOCAL NEEDS SHOPPING FLOORSPACE,
IS CONSISTENT WITH OTHER POLICIES OF THE PLAN, AND MEETS THE
FOLLOWING PRINCIPAL OBJECTIVES:
i) THE DEVELOPMENT SHALL BE DESIGNED TO COMPLEMENT AND BE IN
KEEPING WITH THE SCALE, FORM AND VARIETY OF BUILDINGS IN THE CITY
CENTRE;
ii) THE REDEVELOPMENT SHALL MAKE FULL PROVISION FOR A
FUNCTIONALLY EFFICIENT PUBLIC TRANSPORT INTERCHANGE AND AN IMPROVED
ENVIRONMENT FOR USERS OF PUBLIC TRANSPORT SERVICES;
iii) LAYOUT AND DESIGN SHOULD REFLECT THE SITE'S LOCATION AT THE
SOUTHERN GATEWAY TO THE HISTORIC CITY OF BATH AND AT THE POINT OF
ENTRY OF VISITORS TO THE CITY BY RAIL AND BUS;
iv) THE INCLUSION OF AN ELEMENT OF HOUSING; AND
v) NO SUBSTANTIAL INCREASE IN PARKING PROVISION." |
|
|
8.22 Policy R3 is the key policy
in the Adopted Local Plan in relation to any proposed redevelopment
of Southgate. The Scheme is a comprehensive mixed-use development,
but with a predominant element of retail. In compliance with this
policy, the Scheme includes an element of housing, makes full
provision for a new public transport interchange, involves a
decrease in parking provision (by 105 car parking spaces) and is
designed sensitively to the site's location and surroundings.
8.23 POLICY R7 - LOCAL NEEDS
SHOPPING
This policy is designed to encourage living in the City Centre
by ensuring the provision of local needs shopping. CGNU accept that
a proportion of the retail space within the Scheme will be used for
local needs shopping. The provision of a modern food store within
the Scheme, together with a mix of retailers as envisaged by CGNU,
will be sufficient to ensure that the requirements of this policy
are met. The Council’s Development Control Committee resolved that
it was not necessary for this to be secured through the Planning
Agreement.
8.24 POLICY R8 - USE OF UPPER
FLOORS
The Scheme accords with this policy by incorporating residential
units and other non-retail uses on the upper floors of the proposed
retails blocks.
8.25 POLICY T1 – PUBLIC
TRANSPORT
The Scheme seeks to encourage public transport use and limit on
site car parking to a level 105 spaces below that which currently
exists, encouraging cycling by the provision of cycle stands and
secure storage facilities.
8.26 POLICY T4 and POLICY T6 -
TRAFFIC MANAGEMENT
In accordance with these policies, the Scheme includes the
signalisation of a number of junctions to alleviate any traffic
generated by the Scheme; reconstruction/resurfacing as appropriate
of all adopted highways; landscape works to Southgate and New
Orchard Street and works to achieve the travel of buses in a
northbound direction only along Ambury.
The Scheme will result in significant improvements to the
pedestrian environment in this area, creating a network of traffic
free streets. It provides for enhanced public transport access,
facilities for cyclists and the mobility impaired and more
efficient and environmentally friendly servicing arrangements.
8.27 POLICY T7 – PARK AND RIDE and
POLICY T13 - CENTRAL PARKING AREA
One aspect of the original proposals for the redevelopment of
the Order Land was that the development would make a contribution
towards the provision of a Park and Ride facility at Lambridge.
This offer was however subsequently withdrawn, the Council
accepting that it was not necessary for the Lambridge Park &
Ride to be in place for Southgate to proceed. As indicated above,
the total parking space provision within the area will be reduced
in accordance with these policies.
8.28 POLICY T19 - LIGHT RAPID
TRANSIT
The potential for such a route to go through the Southgate area
has been accommodated in the scheme design.
8.29 POLICY T20 - THE MOBILITY
IMPAIRED
Policy T20 is particularly pertinent to the Southgate area where
uses attracting a large number of pedestrians are located (i.e.
Existing Bus Station, Railway Station and retail). The design of
the Scheme takes the needs of the mobility impaired into account
and will be built to full Disability Discrimination Act
standards.
8.30 POLICY T23 and POLICY T24 -
CYCLING
Although the Scheme makes no specific provision for cycle routes
within the development area, the scheme design maintains an
existing route along New Orchard Street on the northern boundary of
the site. The Scheme includes the provision of cycle stands and
secure cycle parking, and the Planning Agreement requires other
facilities, such as showers, to be provided.
8.31 POLICY T25 - DETAILED
CONSIDERATION OF NEW DEVELOPMENT
The scheme design fully satisfies the requirements of this
policy and will lead to improved road safety, public transport
facilities, off street parking and servicing and pedestrian and
cycle facilities. The Planning Agreement secures funding for off
site highway improvements.
8.32 POLICY L9 - RIVER AND
CANAL
The Scheme provides some limited enhancement and improvement of
the riverside at Southgate.
8.33 POLICY L11 – FLOODING AND
DRAINAGE
During the processing of the Main Planning Application, the
Environment Agency advised on the need to take appropriate
precautions against the risk of flooding and these have been
incorporated into the Scheme.
8.34 POLICY L18 - LANDSCAPING AND
NEW DEVELOPMENT
The proposals include very little soft landscaping due mainly to
the nature of the Scheme. Planning conditions imposed on the Main
Scheme Planning Permission require further fully detailed proposals
for the areas of hard and soft landscaping proposed, based on the
approved Scheme, to be submitted for approval.
8.35 POLICY C1 - CARE OF THE
FABRIC
At the time the Main Planning Application was being considered
the Council was in the process of preparing a Management Plan for
the World Heritage Site. This seeks to ensure that the management
of the site continues in line with the UNESCO criterion of
understanding, protection, conservation and presentation. The
nature and quality of the Scheme will have a direct bearing on
Bath's status as a World Heritage Site and this was a major
consideration in the assessment of the proposals. The Council
believes that the successful delivery of the Scheme is essential to
ensuring that the City as a whole reflects Bath's status as a World
Heritage Site. The majority of the existing development within
Order Land detracts substantially from this exceptional status.
8.36 POLICY C2 - DESIGN and POLICY
C4 – CONSERVATION AREA
The Order Land forms part of the Bath Conservation Area, where
there is a statutory duty on the Local Planning Authority to pay
special attention to the desirability of preserving or enhancing
the character or appearance of the conservation area. The character
and appearance of a conservation area stem not just from the urban
design and architecture but also from the pattern of uses within
the buildings. In recognition of this, the Council worked closely
with English Heritage on the development of the scheme design and
employed the services of Architect, Sir William Whitfield, to
advise it on design and townscape matters.
8.37 POLICY C6 – DEMOLITION IN THE
CONSERVATION AREA
All the unlisted buildings within the application site are
proposed for demolition. Of these buildings only the Old Dairy and
Churchill House have any historic interest or merit and neither are
considered to be of such quality as to warrant their retention
provided that the replacement proposals are of sufficient merit in
themselves. The Council believes this to be the case and this was
agreed by English Heritage during the processing of the
applications for the Planning Consents.
8.38 POLICIES C11, C12 and C13 –
LISTED BUILDINGS
With the exception of the proposed removal of the ramp to the
Railway Station vaults, the Scheme retains all of the listed
buildings and structures within the application site. Some
alterations are proposed to the Railway Station, as are works which
will affect the setting of these buildings. Detailed assessments of
these works were made by the Local Planning Authority in
consultation with English Heritage during the consideration of the
listed building consent applications. Consent for the installation
of lifts and other related works to the Railway Station was granted
through an earlier, unrelated, application.
8.39 POLICY C27 - ARCHAEOLOGY AND ANCIENT
MONUMENTS
Assessment of the archaeological potential of the application
site was a key consideration during the processing of the
applications for the Planning Consents. Extensive and detailed
requirements regarding archaeological investigation and recording
are included in the Planning Agreement. Although it was previously
believed that a Scheduled Ancient Monument lay within the Order
Land beneath Kingston Road, English Heritage have now confirmed
that the designation of Kingston Road as the site of a Schedule
Ancient Monument is incorrect (CD 10.8).
8.40 POLICY I2 – LEGAL
AGREEMENTS
The Main Scheme Planning Permission is linked to an extensive
Planning Agreement, the content of which I dealt with earlier in
this evidence.
The Draft Bath and North East Somerset Local Plan (the "Draft
Replacement Local Plan") (CDs 2.3, 2.4 and 2.5)
8.41 In order to replace the
existing Bath Local Plan and the Wansdyke Local Plan, the Council
is working towards a new local plan for the whole of the district
which will cover the period up to 2011.
City and Town Centres Study (July 2000) (CD 10.4)
8.42 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 of the four main retail centres within the
Council's area.
8.43 At that time, the content of
the report was not Council policy but formed the basis of the
recommendations in relation to potential emerging policy. The study
showed that in order to meet projected growth in expenditure, there
was a need for a policy to encourage shopping of a size appropriate
to the scale and character of the shopping centres in Bath and
North East Somerset.
8.44 In relation to Southgate,
paragraph 12.23 of the study stated:
"The assessment of need within this study suggests that the
priorities for the content of the Southgate redevelopment should
be:
· The provision
of a large anchor department store comparable to those available in
Swindon, Bristol Broadmead and The Mall at Cribbs Causeway;
· The provision
of a replacement food store (preferably up to 1,500 sq m net);
· The provision
of medium sized units (200 sq m gross plus) suitable for the
requirements of modern retailers; and
· Comparison
retailing catering for the needs of the local community."
8.45 The report recommended that
"the strategy should seek in the short to medium term, between
14,000 to 20,000 sq m net additional comparison floorspace at the
Southgate Centre and other small soft opportunities by 2006." The
report advises that "if the Southgate redevelopment cannot be
secured in the medium term then there is a danger that Bath's
position within the regional shopping hierarchy will decline,
particularly following the Broadmead development in Bristol. This
decline may result in an increase in the level of expenditure
outflow from B&NES to competing centres, and a reduction in the
size of Bath's catchment area ... we believe that the Council's
efforts should focus on securing the redevelopment of the Southgate
Centre as soon as possible."
8.46 The report informed the
policies in the Draft Replacement Local Plan. The retail floorspace
proposed by the Scheme falls within the limitation set out in the
Adopted Local Plan and would fulfil the criterion recommended by
NLP.
City and Town Centres Study (October 2004) (CDs 10.5 and
10.6)
8.47 In 2004, a second study was
carried out by NLP for the Council to further inform the Draft
Replacement Local Plan. This study indicates a requirement for a
larger amount of retail space than was envisaged at the time the
Main Planning Application was being considered. This demonstrates
that the Scheme is fully aligned with the Council’s existing and
emerging retail policy position and reinforces the need for the
Scheme to proceed.
8.48 Consultation on the Draft
Replacement Local Plan was being undertaken whilst the applications
for the Planning Consents were being considered.
8.49 The Draft Replacement Local
Plan was therefore a material consideration in the determination of
the applications. While at that time the plan had little weight,
the Scheme was in line with the emerging policies. Since the
Council resolved to grant the Planning Consents for the Scheme, the
Draft Replacement Local Plan has reached the Revised Deposit stage
(October 2003) and at the same time the plan was approved by the
Council for use for development control purposes. In August and
November 2004 respectively, Pre-Inquiry Changes (CD 2.4) and
Further Pre-Inquiry Changes (CD 2.5) to the plan were published and
consulted on. 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.
8.50 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
8.51 In addition, the key role of
the Order Land in the provision of additional retail floorspace is
re-asserted in the Further Pre-Inquiry Changes (CD 2.5),
particularly in paragraphs 5.28 and 5.31 as amended.
National Planning Policy
8.52 Planning Policy Guidance
Notes ("PPGs") and Planning Policy Statements ("PPSs") set out the
Government's policies on different aspects of planning. This
guidance was material to the consideration of the applications for
the Planning Consents by the Council. PPG1 and PPG6 have now been
replaced by PPS1 and PPS6 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.
8.53 PPG1 General Policy and
Principles (1997) (CD 1.6) and PPS1 Creating Sustainable
Communities (CD 1.7)
PPG1 provides a strategic commentary on planning policy and may
be regarded as providing an overview of the Government's policies
on planning. It:
· reaffirms the role of the planning system in meeting the needs
of a growing and competitive economy, in providing for new
development, such as housing, and in protecting the natural and
built environment;
· emphasises the contribution of the planning system to
achieving sustainable development;
· identifies ways in which mixed-use development can be
promoted.
· updates the guidance on the role of design considerations in
planning particularly in the light of the Government's Quality in
Town and Country Initiative;
· restates the limited circumstances in which it is appropriate
to use planning obligations to secure development;
· gives guidance on the operation of the plan-led system;
and
· contains new sections on the Citizen's Charter and
propriety.
The Council’s approach to the redevelopment of the Southgate
area was entirely in line with the principles established in PPG1
and accords with the objectives of PPS1.
8.54 PPG3 Housing (March 2000) (CD
1.8) and Circular 6/98: Planning and Affordable Housing.
Given the primary retail function of the Southgate area, the
proposed number of residential units provided by the Scheme is an
acceptable number and achieves an appropriate balance of a mixed
development, thereby conforming with the requirements set out in
PPG3. The number of affordable units to be provided (23) was
the subject of extensive discussion with Registered Social Housing
providers and is regulated and secured through the Planning
Agreement.
8.55 PPG6 Town Centre and Retail
Developments (1996) (CD 1.9) and PPS6 Planning for Town Centres (CD
1.13)
The site of the proposed Scheme is located within the City
Centre and within the identified primary shopping core. The Scheme
therefore conforms with the principles of PPG6 and PPS6. Both
PPG6 and PPS6 recognise that the vitality and viability of town
centres depends on retaining and developing a wide range of
attractions and amenities, creating and maintaining an attractive
environment and ensuring good accessibility to and within the
centre, thereby attracting continuing investment in
development. The Scheme meets these objectives through the
provision of additional retail floorspace, housing and improved
leisure facilities at the heart of the City Centre, all of which
will enhance Bath's vitality and viability. The mix of
leisure and retail will enable customers to make combined visits to
the City Centre, thereby reducing the need to travel.
8.56 PPG13 Transport (1994) (CD
1.10)
Southgate is within easy walking distance of the Railway Station
and the Transport Interchange which will ensure that the new
development is accessible by a choice of means of transport.
While it is anticipated that the new development (which will
more or less double the existing level of retail floorspace) will
attract an increase in traffic, the existing number of car parking
spaces at Southgate will be reduced by 105 spaces. Users will
therefore be encouraged to choose another mode such as rail, bus,
cycle, walk or park and ride. Public transport must be
perceived as an attractive alternative to meet this extra demand.
The proposed Transport Interchange and the Railway Station
Improvement Works will both encourage and accommodate this
increased usage of public transport.
The enhanced pedestrian proposals for the Railway Station will
facilitate safer and more attractive pedestrian movements towards
the shopping areas. The Scheme also promotes cycling as a
sustainable form of transport. A total of 80 cycle stands are to be
provided as part of the Scheme and, in addition, the Planning
Agreement secures a contribution of £10,000 to be used by the
Council for the provision of additional cycle stands at locations
throughout the site.
8.57 PPG15 Planning and the
Historic Environment (1994) (CD 1.11)
The only listed structure proposed for demolition is the goods
yard ramp within the curtilage of Railway Station. The demolition
of the goods yard ramp is justified in this case by the substantial
public gain that will derive from its removal. Firstly, its removal
will result in the creation of a new public space linking the key
elements of the Transport Interchange. Secondly, the resulting
exposure of the vaults beneath the Railway Station, which are at
present derelict and unappreciated, and the commercial use of the
spaces within them, will bring significant public benefit by
enhancing the area in general.
The guidance set out in PPG15 with respect to the demolition of
buildings within a conservation area depends on whether buildings
make a positive contribution to the character or appearance of the
area.
Where buildings make no positive contribution to, or indeed
detract from, the character or appearance of the area, PPG15
stipulates that their replacement should be a stimulus to
imaginative quality design to enhance the area. All but two of the
non-listed buildings in the development site proposed for
demolition make no positive contribution to the area and therefore
their demolition and replacement with high quality well designed
buildings conforms with national planning guidance.
The only unlisted buildings proposed for demolition which make
some positive contribution to the area are the former dairy
building and Churchill House. While PPG15 identifies a
general presumption in favour of retaining buildings which make a
positive contribution to the character of an area, proposals should
be assessed against the same three broad criteria as proposals to
demolish listed buildings. PPG15 provides that consent should not
be granted unless there are acceptable and detailed plans for
redevelopment. However, where such plans exist the
decision-maker is entitled to take into account the merits of
alternative proposals for the site in considering the proposals for
demolition. The demolition of Churchill House and the former
dairy building is justified by the substantial public gain to be
achieved in the provision of a high quality Transport Interchange.
The provision of the Proposed Bus Station will clearly bring
substantial public benefit and the design of the proposed
replacement building is of such high quality in its own right as to
warrant the loss of Churchill House.
8.58 PPG16 Archaeology and
Planning (1990) (CD 1.12)
The Planning Agreement requires CGNU to adhere throughout the
construction of the Scheme to an archaeological method statement
prepared by the Museum of London Archaeology Services on behalf of
CGNU. This mitigation strategy satisfies the requirements of PPG16
and will serve to adequately protect any archaeological features
contained within the site.
8.50 PPG23 Planning and Pollution
Control (1994) (CD 1.14) and PPS23 Planning and Pollution Control
(CD 1.15)
The issues dealt with in PPG23 and PPS23 were fully considered
during the processing of the applications for the Planning
Consents. Appropriate planning conditions regarding these issues
were attached to the Main Scheme Planning Permission.
8.60 PPG24 Planning and Noise
(1994) (CD 1.16)
The issues dealt with in PPG24 were also fully considered during
the processing of the applications and, again, appropriate planning
conditions were attached to the Main Scheme Planning
Permission.
9. The
Benefits of the Scheme
9.1 The benefits, in
planning terms, which the Scheme will bring are explained in
paragraphs 9.2 to 9.4 below:
9.2 Maintenance and
enhancement of Bath’s position in the regional shopping hierarchy.
Attractive, accessible, quality shopping is essential to the life
and vitality of all city centres. Enhanced city centre shopping is
important for its own sake, to meet latent demand, and to reinforce
the range and quality of facilities and attractions that a city
centre should offer. It is also important for the significant
number of jobs and the increase in economic activity it will bring
both during and after construction. Bath’s future economic
prosperity will depend on continuing to grow retail business as
well as visitor tourism. There is no question that Bath’s retail
offer is currently failing to keep up with progress being made in
competitive centres.
9.3 The construction
of the Scheme will allow retailing in Bath to catch up with those
competitive centres and bring into better balance the range of
functions that go to make a vibrant city centre mix of uses. In
quantitative terms, the Scheme will ensure that Bath will provide
for, and capture, the predicted growth in retail expenditure during
this decade. The City Centre is the most suitable location for
meeting growth in shopping demand of this type. Failure to deliver
the Scheme would make it likely that such demand will be met
elsewhere to the further detriment of Bath as a destination. Other
witnesses will describe the details of the shopping component of
the Scheme but, in summary, the main benefits will be:
(i) the provision of a further major anchor store at the south
east corner of an enlarged shopping area;
(ii) a broadening of the types and size of retail premises,
including a significant number of larger units of a size not
currently available in the City; and,
(iii) an upgrade of the quality of the shopping environment
within a significant part of the Bath shopping area.
9.4 Furthermore, in
addition to securing major improvements to Bath's retail offer and
the associated employment opportunities this will bring, the Scheme
will provide:
(i) the first significant introduction of new residential
accommodation into the City Centre for some time, with the benefits
this will bring to its life and vitality. Affordable housing will
also be provided to strengthen the range of accommodation
available;
(ii) the inclusion of leisure, food, drink and catering uses,
which are poorly provided for in this part of the existing shopping
area;
(iii) two new public squares, one created at the convergence of
the new pedestrian streets into the area, the other as part of a
high-quality setting to the Proposed Bus Station and the Railway
Station, linking the two together and potentially creating a new
‘meeting place’ in Bath;
(iv) new 24-hour pedestrian streets which will provide very
strong linkage between the Transport Interchange and the rest of
the City Centre. The proposed private management of these streets
by CGNU is an advantage as it will ensure high standards of public
realm maintenance and management;
(v) appropriate architecture and high quality external finishes
to building elevations and public spaces, which will create an
attractive destination;
(vi) replacement of an outdated multi-storey car park and
surface-level public car parking providing higher levels of safety
and security and, through management, assist the shift towards
priority for short-stay car parking. Locating the principal access
to the new car park to the south-west corner of the development
should result in a significant reduction in traffic volumes in
Dorchester Street and Manvers Street and remove a number of
pedestrian/vehicle conflict points;
(vii) the opportunity to secure comprehensive redevelopment and
improvement of a large area of jaded, inappropriately designed and
redundant buildings by a new development entirely in keeping with
the rest of the City Centre in terms of both use and appearance. A
strong urban design framework for buildings and altered streets,
including the creation of city blocks with active frontages and a
much more legible structure, will repair the urban fabric;
(viii) the realignment of Dorchester Street will incorporate
additional street level pedestrian crossing points to improve the
connections between the City Centre and the Transport Interchange
and areas to the south of the River Avon;
(ix) a new, state of the art bus station, linked via the new
public square to the train station, and new on street bus stops
with high quality shelters and the potential for ‘real time’
information systems to be provided;
(x) improved facilities for disabled people with a new
shopmobility facility and detailed attention to the design of
streets and spaces; and
(xi) new public art, public lavatories and an extended CCTV
system.
10 Section 226 Town
and Country Planning Act 1990 ("TCPA 1990") (CD 1.1)
10.1 Section 226 of the TCPA 1990
provides that where a local authority seek to compulsorily acquire
land they must show that the land is, inter alia, suitable for the
carrying out of development, re-development or improvement
(S.226(1)(a)). 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 (S.226(2)).
10.2 My evidence shows that the
Scheme fully accords with current development plan policies. The
Scheme also has the benefit of the Planning Consents thereby
providing a high degree of certainty.
10.3 All other relevant material
considerations were taken into account by the Local Planning
Authority at the time that the Planning Consents were granted.
These other material considerations include national planning
policies and the policies contained in the Draft Replacement Local
Plan. In fact, these other material considerations now have greater
weight, with the Draft Replacement Local Plan having made
significant progress towards adoption and with revised national
planning policies still supporting the Scheme. Accordingly, these
material considerations remain relevant today, and support and
demonstrate the suitability of the Order Land for the Scheme.
10.4 It is therefore my view that
the Order Land is suitable for development, redevelopment and
improvement in accordance with S.226(1)(a) of the TCPA 1990.
11. Responses to
Objections
11.1 Despite the efforts of CGNU
and the Council, some objections to the Order remain. I will now
deal with those objections in so far as they relate to the scope of
my evidence.
11.2 Failure to demonstrate
planning need for the Order. (Stylo Barratt)
I believe that my evidence has shown that there is a clear need
on environmental, transportation and local and national policy
grounds (particularly those relating to retailing) for the
redevelopment of the Order Land to take place. I have explained the
nature of the problems currently experienced in the area and the
benefits which will accrue for the City and its residents if the
Scheme is fully developed. These benefits will only be achieved if
the whole of the Order Land is brought under the control of the
Council through the powers conferred by the Order.
11.3 Lack of planning certainty
(Somerfield)
The evidence I have given shows clearly that all the planning
consents necessary for this development are in place and that there
are no planning impediments which would prevent the Scheme from
being implemented.
11.4 Failure to demonstrate how
the Scheme overcomes criticisms of earlier proposals (Rosebys)
I have explained in my evidence and by reference to the Core
Documents, how the Scheme design changed in response to the issues
and concerns raised by each stage of the design development. It is
clear that the applicants did respond positively to those concerns
and that the Local Planning Authority is satisfied that the Scheme
deals appropriately with all the planning issues raised during the
consideration of the applications.
12. Conclusions
12.1 The Scheme will deliver a
well balanced list of positive planning, transport and regeneration
benefits. It will represent the most dramatic and visible
transformation of central Bath for many years. These benefits are
both strategic and local. The Scheme is exactly the type of
development that Government is encouraging local authorities to
facilitate, because it goes to the heart of key aspects of
achieving sustainable development.
12.2 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. The Scheme will achieve many of the key
objectives of current planning policy, both national and local. In
my view, there is a compelling case in the public interest to
ensure that it proceeds. The level of public consultation on this
project has justifiably raised expectations that there will be a
step change in the quality of the Southgate area. The Planning
Consents are in place and the development programme is now only
limited by the need to complete land assembly.
12.3 Following an extensive
process of scheme evolution and assessment, the Council has
concluded that the Scheme is necessary and appropriate to secure
its retail position for the immediate future. There are no other
sites of comparable size or location within the City Centre.
Alternative proposals on a different site would be sequentially
less preferable. The significant benefits and outcomes of the
Scheme are dependent on it being able to proceed comprehensively on
land that, in the view of the City Council, is clearly suitable for
the carrying out of the Scheme. The Order is essential to ensure
that all of the land is available so that the whole scheme, as
permitted, can be built.
12.4 Should the Order not be
confirmed, the consequences for the Scheme and for Bath would be
extremely serious. Failure to pursue the Scheme would damage the
retailing position of Bath, as it would not be able to deliver the
enhancement in the overall quality of retail provision so clearly
required. Bath would also miss out on this opportunity to benefit
from the environmental improvements that are integral to the
Scheme.
12.5 Furthermore, any further
delay to the implementation of the Scheme due to any continuing
uncertainty about the assembly of the Order Land would result in a
massive loss of confidence amongst others who are considering
investing in Bath, and amongst the people of Bath.
12.6 The Southgate area of Bath is
one of the ‘gateways’ to the City. Many visitors to the area
arrive at either the Railway Station or the Existing Bus
Station. This area is the first part of the City they see and
often this is the view which gives the most lasting impression.
12.7 The visual appearance of the
area is poor, with buildings which are either obsolete or of
neglected or inappropriate appearance, and semi-derelict open
areas. Pedestrian facilities are also poor with numerous
pedestrian/vehicle conflict points. As a whole, the area does
not present Bath to the visitor or resident in a good light.
12.8 The Southgate Shopping Centre
itself, whilst it has been successful commercially, has a number of
substantial problems in terms of modern retailing
requirements. The malls are dull with low ceilings, the shop
units generally too small and servicing inconvenient. Externally
the design of the centre is now generally accepted as inappropriate
to the character and appearance of Bath.
12.9 In short, the Order Land is
in need of redevelopment and the opportunity exists to create an
environment worthy of Bath and forward looking.
12.10 From a wider perspective it is necessary
to look at Bath’s position as a regional shopping and tourist
destination. New developments have and will take place in
locations within reach of Bath and its catchment area which provide
competition for Bath.
12.11 The overall character and nature of Bath
provides a shopping and tourist destination of a quality and
character which is unlikely to be beaten. Bath cannot rely on this
alone and must provide in the Southgate area an environment and
retail offer which, whilst not attempting to replicate or compete
directly with other locations, contributes to the attractiveness
and uniqueness of the City. Failure to do this in the relatively
near future could lead to the decline of Bath as a regional
shopping destination.
12.12 In assessing the proposals, the
Council’s Development Control Committee took into account the
policies of the development plan and national and regional
guidance. As I have demonstrated in my evidence, the Scheme
is fully in accordance with both national, regional and local
policy.
12.13 Further material considerations taken
into account by the Development Control Committee were the various
recorded statements of both this Council and the former Bath City
Council regarding their aspirations in respect of the redevelopment
of the Southgate area.
12.14 The first of these, referred to as the
‘Bath City Council Objectives 1988’, lists the former Bath City
Council’s views on what the development should deliver (CD
10.1). Set against these criteria, the Scheme substantially
satisfies the items listed therein.
12.15 The next document which records the
views of this Council’s Planning, Transport and Environment
Committee in May 1996 is the document ‘Southgate – An Exploration
of the Issues.’ (CD 10.2) Again, the Scheme substantially satisfies
the requirements of this document.
12.16 The Chapman Taylor Evolution Document
referred to in paragraph 5.7 above, adopted by the Council as
planning guidance for the Southgate area in May 1997, also set out
development criteria which were followed in the original submission
in 1997 and were reviewed through the design process. Subsequent
versions of the Scheme developed from this review and assessment
process and were considered by the Development Control Committee in
March 1999, September 2000, January 2001, September 2001, May 2002
and June 2003.
12.17 The information contained in the
Environmental Statement in support of the applications was also
fully taken into consideration in the determination of the
applications for the Planning Consents.
12.18 All the necessary planning, listed
building and conservation area consents are in place to enable the
Scheme to proceed. Work on the compliance with the planning
conditions imposed on the Planning Consents and the terms of the
Planning Agreement is proceeding. Whilst a significant amount of
information is required to be submitted to the Local Planning
Authority to satisfy the planning conditions and the Planning
Agreement, none of the conditions or clauses are such that they
could result in the acceptability of the Scheme as a whole being in
doubt.
12.19 In terms of Section 226(1)(a) of the
TCPA 1990 and Circular 02/2003, the Order Land is clearly suitable
for development, redevelopment and improvement and there are no
planning impediments to the delivery of the Scheme on the Order
Land.
