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THE TOWN AND COUNTRY PLANNING ACT 1990

THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND THE ACQUISITION OF LAND ACT 1981

BATH AND NORTH EAST SOMERSET COUNCIL (SOUTHGATE REDEVELOPMENT, BATH)COMPULSORY PURCHASE ORDER 2004

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STATEMENT OF REASONS

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1. INTRODUCTION: the purpose of this statement

1.1 On 20 October 2004 Bath and North East Somerset Council (the "Council") made The Bath and North East Somerset Council (Southgate Redevelopment, Bath) Compulsory Purchase Order 2004 (the "Order"). The Order was made pursuant to the Council's resolution of 30 June 2004.

1.2 The Council is seeking to assemble in its ownership the land and associated rights and interests included in the Order (the "Order Land") to secure the carrying out of redevelopment and improvement by means of a comprehensive mixed-use redevelopment scheme in Bath City Centre, known as the Southgate Redevelopment (the "Scheme"). The Scheme comprises (inter alia) retail, leisure, housing, car parking, a new public transport interchange and the creation of a new public square.

1.3 The Order Land is more fully described in section 2 of this statement. The interests and rights comprising the Order Land are identified in the schedule to the Order (the "Order Schedule"), which refers to the maps accompanying the Order (the "Order Map"). The Scheme is described in more detail in section 7 of this Statement.

1.4 Under Section 226(1)(a) of the Town and Country Planning Act 1990 (the "1990 Act") a local authority may be authorised to acquire compulsorily any land in its area which is suitable for and required in order to secure the carrying out of development, redevelopment or improvement. Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 (the "1976 Act") enables a local authority to be authorised to create new rights over land.

1.5 The Order has been made and submitted to the Deputy Prime Minister and First Secretary of State (the "Secretary of State") for confirmation pursuant to the Acts referred to in paragraph 1.4 above.

1.6 This Statement describes the Order Land and sets out the Council's purpose in seeking its acquisition. The Council's justification for the use of compulsory purchase powers is explained. The Statement goes on to describe the Scheme and explain the planning position and policy context within which the Council's planning decisions have been taken. Other matters referred to in this Statement include human rights and other special considerations.

1.7 In order to secure the implementation of the Scheme (see further Section 9 of this Statement), the Council has agreed to work in partnership with CGNU Life Assurance Limited ("CGNU"), in conjunction with Morley Fund Management who manage CGNU's assets on its behalf.

1.8 To the extent that it is practicable and appropriate to avoid permanent land acquisition in any individual case by the acquisition instead of a new right, the Order is made in respect of such interests pursuant to Section 13 of the 1976 Act.

2. description of the order land and location

2.1 The Order Land covers some five hectares (approximately 12.5 acres) in total of Bath City Centre, and is shown on the Order Map. The Order Land is bounded by and includes all or part of New Orchard Street and Henry Street to the north, Manvers Street to the east, Bath Spa railway station and the River Avon to the south, and Southgate Street to the west. The Order Land also includes land in the vicinity of the Churchill Bridge Gyratory.

2.2 The Order Land comprises the Southgate Centre, the Ham Gardens car park, Bath Spa railway station and car park, the bus station, the former Co-op Dairy building, and the partly vacant and under-utilised buildings fronting Dorchester Street and backing onto the River Avon, including Churchill House. These elements are described in more detail below:

(a) The Southgate Centre

The Southgate Centre was built in the 1970s to accommodate the demand from multiple retailers for larger units than were previously available in the historic core of the City Centre. Built on 2 levels, the Southgate Centre is generally accepted as being of very poor quality architecturally and physically; in particular it is too low in comparison with the surrounding townscape, and its general appearance fails to match the quality and style of the rest of Bath. The covered nature of the centre, and its closure overnight, mean that a large portion of the southern part of the city centre is impermeable at night. The existing centre presents an unsightly image of Bath to visitors arriving at Bath Spa railway station that is not representative of the high standards appropriate to this location. Internally, the shopping mall suffers from low ceiling heights and a total absence of natural daylight creating an oppressive environment for shoppers. The Southgate Centre also suffers from inherent design and structural defects which prevent it from meeting the current requirements of retailers.

(b) Ham Gardens car park

The Ham Gardens multi-storey car park was built in the 1970s and provides about 660 public parking spaces on six levels, with shops at ground level on the Newark Street, Kingston Road and Railway Street frontages. While being well located to serve the central shopping area, the car park is an intrusive and unsightly feature in the City Centre with an over dominant role in the City's street pattern, particularly when viewed from Beechen Cliff.

The bus station is located close to Bath Spa railway station and provides bays for 17 single and double-decker buses. However, facilities for passengers are poor, with potentially dangerous conflicts between buses, cars and pedestrians.

(d) The Dairy Building

The former Dairy building to the north of Dorchester Street, with its distinctive chimney stack, is now partly vacant and partly occupied by a shop fronting Dorchester Street.

(e) Buildings fronting Dorchester Street, including Churchill House

The area to the south of Dorchester Street accommodates an electricity substation, surface level car parking for about 60 cars and Churchill House (an unoccupied three storey stone clad building).

(f) Bath Spa railway station

The railway station and its associated structures are grade 2* listed buildings. As a busy main line station, it generates high volumes of pedestrian and vehicular traffic at certain times. The current access arrangements, particularly for pedestrians, are unsatisfactory and there are number of conflict points between vehicles and pedestrians. There are no operational lifts to facilitate wheelchair access, and the station forecourt and street crossing arrangements are confusing and potentially dangerous. The environment and setting of the station is also visually poor.

The works of improvement and structural alterations proposed for the railway station will require a combination of the permanent acquisition of some interests and the acquisition of new rights in respect of others. The majority of Network Rail's freehold and First Great Western's leasehold interests in the station will be subject to the acquisition of new rights, with the exception of (1) a strip of land adjoining Dorchester Street required for the widening of the highway and (2) part of the forecourt to the north of the station required for the creation of the new public square, both of which are to be permanently acquired.

While it is envisaged that Network Rail and First Great Western will be able to secure vacant possession of many of the areas within the station currently occupied by third parties by exercising their rights as landlord under the various occupational leases, the Order provides for the permanent acquisition of all third party interests at the ground floor and platform levels of the station. The Council has taken the decision to include these interests in the Order in the absence of certainty that the necessary arrangements can be put in place by Network Rail and First Great Western, thereby ensuring that all of the elements of the Scheme can be delivered.

While some of the proposed works will affect operational areas of the railway station, none of the proposed works to the station or adjoining land will prejudice the operation of the railway itself.

(g) Argyll House

Minor works for the cleaning, improvement and consequential repair of the exterior of Argyll House are proposed in order to render it compatible with the Scheme. Such works will require the acquisition of new rights under the Order unless the rights can be secured pursuant to the terms of the existing leases granted in respect of this property.

(h) Land adjoining public highway at the Churchill Bridge Gyratory and Wells Road

The Order Land also comprises land adjoining public highway at the Churchill Bridge Gyratory and Wells Road, for the purpose of carrying out improvements necessary for the implementation of the Scheme.

The Order Land is in approximately 100 separate ownerships (both freehold and leasehold). Significant parts are already in the freehold ownership of the Council and the freehold or leasehold ownership of CGNU.

3. the purpose of the order

3.1 The Order Land is required in order to secure the carrying out of the Scheme. The Scheme (as described below in section 7) has been devised by CGNU, with significant input from the Council, as the best means by which to meet the Council's adopted and emerging planning and regeneration objectives for Bath City Centre and Southgate in particular.

3.2 The Council is satisfied that the Scheme is crucial, not only in terms of delivering a retail-led revitalisation of Southgate, but also in terms of preventing the decline of Bath as a regional shopping and tourist destination.

3.3 The Council supports the Scheme and wishes it to be brought forward in accordance with retail planning policies for the City Centre which aim to facilitate the regeneration of Southgate.

4. the need for the use of compulsory purchase powers

4.1 Although significant parts of the land required for the implementation of the Scheme are already owned by the Council and CGNU, the implementation of the Scheme requires the acquisition of a number of further land and property interests currently owned by third parties. CGNU has entered into discussions and negotiations with the holders of these interests for their acquisition by agreement. However, a significant number of interests still need to be acquired.

4.2 Single ownership or control of the Order Land (together with new rights in certain cases) is necessary to enable the Scheme to proceed. Given the number of third party interests identified in the Order Schedule, it is unlikely that CGNU or the Council will be able to acquire all the necessary interests by agreement within a reasonable timescale. The Council has therefore made the Order to ensure that the Scheme can proceed in accordance with the timescale agreed between the Council and CGNU. The use of compulsory purchase powers is considered to be necessary and justifiable in the public interest.

4.3 Prior to the availability of compulsory purchase powers, discussions will continue with owners of relevant interests who are willing to sell their interest by agreement. This approach of making the Order and, in parallel, conducting negotiations to acquire land by agreement is in accordance with the guidance given in paragraph 21 of ODPM Circular 02/03.

4.4 A strategy for securing vacant possession of properties within the Order Land has been designed by CGNU. This strategy identifies three categories of occupiers and the different approaches to be followed in each of the three cases:

(1) Tenants occupying outside the protection of the Landlord and Tenant Act 1954 where the relevant lease expires or break option falls within the required time frame

Where a lease has a landlord break option, appropriate notices will be served to secure vacant possession in the required time frame. Where a lease has no break option but expires within the required time frame, the lease will be allowed to expire by the effluxion of time.

(2) Tenants occupying within the protection of the Landlord and Tenant Act 1954 where the relevant lease expires or break option falls within the required time frame

Appropriate notices will be served to secure vacant possession on the grounds of redevelopment, together with negotiations if necessary to refine the actual date for vacant possession.

(3) Tenants occupying within the protection of the Landlord and Tenant Act 1954 and let on long occupational leases

Vacant possession will be secured by negotiation and/or through the use of compulsory purchase powers.

4.5 The Council has given careful consideration to the need to include each parcel of land shown on the Order Map and the new rights identified in the Order Schedule.

4.6 The Council is satisfied that the Order is necessary and in the public interest and that the Order Land is suitable and required in order to meet the pressing need for the Scheme. In reaching this conclusion, the Council has had regard to the provisions of the development plan, to the existence of planning permission for the Scheme and to other considerations which would be material to the determination of an application for planning permission in relation to the Order Land.

5. the justification for the use of compulsory purchase powers

5.1 The Council believes that there is a compelling need for the redevelopment of the Southgate area to protect Bath's viability as a regional shopping centre and tourist destination. 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 bus station. Southgate is therefore the first part of the City such visitors see and often this is the view which gives the most lasting impression.

5.2 Although the Southgate Centre has enjoyed a degree of commercial success in the past, its overall design and poor quality fails to meet modern retailing requirements. The malls are dull with low ceilings and the shop units are generally too small and inconvenient for servicing. Externally, the design of the Centre is generally accepted as inappropriate for the character and appearance of Bath. The visual appearance of the surrounding area is also poor, with buildings of neglected or inappropriate appearance and semi-derelict open areas.

5.3 Vehicular access to the Southgate area is dependent upon the gyratory movements around Newark Street, Railway Street, and the southern end of Manvers Street, and Avon Street and St James's Parade. There are currently unsatisfactory conflicts between pedestrians, buses, cars and lorries in the Southgate area. In terms of the pedestrian environment, the Southgate Centre blocks the natural pedestrian flow from the railway station to the shopping area to the north. A further failing of the current layout is that shoppers walking from the Ham Gardens car park have to negotiate an awkward change of level before entering the shopping mall.

5.4 While the overall character and nature of Bath provides a high quality shopping and tourist destination, it is essential that the Southgate area be redeveloped as a matter of priority to provide a shopping and leisure environment which enhances and contributes to the attractiveness and uniqueness of the City as a whole. Failure to do this will risk further decline of Bath's position as a regional shopping destination as new developments have and continue to take place in locations within reach of Bath and its catchment area.

5.5 Planning consultants, Nathaniel Lichfield and Partners ("NLP"), carried out a study in 2000 on behalf of the Council of the four main retail centres within the Council's area. The Scheme is projected to attract a total non-food turnover of £90 million, an increase of £50 million on the existing Southgate retail area. NLP's report projected that in 2009 there would be a surplus expenditure of some £140 million within the Council's area and concluded that there is a legitimate and substantial quantitative need for new comparison goods floorspace in the City Centre. 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 by 2006". The findings of this report remain valid as since that time there has been no major retail development in or around Bath so as to alter its conclusions. The report highlights the risk that if the Southgate redevelopment cannot be secured in the short to medium term, Bath's position within the regional shopping hierarchy will decline, particularly following the proposed Broadmead development in Bristol.

5.6 At present, Bath loses an estimated £75 million annually in retail spending to Bristol and Cribbs Causeway. The effect of this spending loss is illustrated best in the relative rates of retail growth. Between 1995 and 2001, retail employment in South Gloucestershire grew twice as fast as in Bath in the full-time sector, and over four times faster in the part-time sector. In this period, full time jobs in comparison retailing in South Gloucestershire grew by 25.4%, compared to 10.8% in Bath; part-time jobs over the same period grew by 137.4% in South Gloucestershire compared to 29.5% in Bath.

5.7 The consequence of the relative erosion in Bath's retail competitiveness is illustrated in Bath's falling share of the region's retail employment. In 1995, Bath accounted for 4.1% of all comparison retail jobs in the region; by 2001, Bath’s share had slipped to 3.8%. Without the Scheme, Bath's position as a regional retailing centre would certainly decline and, because retailing and tourism are so closely linked, it is predicted that loss of competitiveness in the City's retail sector will have knock-on consequences for the competitiveness of the City in its equally critical tourism sector.

5.8 The Scheme will deliver a much needed retail-led revitalisation of Southgate. In addition to creating a net increase of gross retail floorspace at Southgate of 17,094 square metres, it is estimated that the Scheme will create approximately 700 person years of construction based jobs and a net increase of 966 permanent jobs in the City (comprising 705 permanent retail and leisure jobs at Southgate, with a further 261 jobs arising indirectly in the Bath economy). The Scheme also comprises a £12 million investment in a new public transport interchange which will encourage diversion of car journeys, thereby reducing traffic congestion in the City. Moreover, the introduction of residential and leisure uses will increase activity in the area and improve security thereby ensuring that Southgate will become a stronger and more integrated part of the City Centre.

5.9 For the reasons stated above, the Council believes that the delivery of the Scheme is essential not only to secure economic, social, physical and environmental regeneration of the Southgate area, but also in the wider strategic context to prevent the decline of Bath as a regional shopping centre and tourist destination.

6. planning history

6.1 During the 1980's, the Prudential Assurance Company ("Prudential"), who were the former long leasehold owners of the Southgate Centre, sought to redevelop the Southgate area. While no acceptable scheme ever emerged from Prudential's discussions with the former Bath City Council (the "Former Council"), from that time the Former Council recognised that the existing buildings and road system in the Southgate area were unsuitable, and accepted in principle the need for a comprehensive mixed-use redevelopment at the heart of the City Centre to enhance the City's vitality and viability.

6.2 In 1988, the Former Council published the Bath City Council Objectives in recognition of the inadequacies of the existing Southgate Centre which were intended to guide the redevelopment of the area. These objectives are now reflected in policies of the Bath Local Plan (Policy R3) and the Revised Deposit Draft Local Plan (Policy S3 and GDS1) both of which expressly promote the comprehensive redevelopment of the Southgate area, the creation of a new public transport interchange and an improved gateway to the City Centre.

6.3 In 1995, the leasehold to the Southgate Centre and freehold to the bus station and land to the south of Dorchester Street were acquired by General Accident Life Assurance Limited ("General Accident") who wished to pursue the redevelopment of the area. Initial meetings with the Council led to the publication by the Council of the "Southgate Issues Report" in 1996 which was intended to provide the basis for negotiations for development proposals. The first planning application then followed in 1997. Following corporate amalgamations, General Accident's interests are now held by CGNU who have brought forward the current proposals described in Section 7 below.

6.4 The current proposals represent over five years of detailed revisions, extensive consultation and negotiations with the Council, statutory consultees and other interested parties. This long process of consultation and substantial revision has produced a scheme which will ensure the delivery of a high quality mixed use development and secure the economic, social, physical and environmental regeneration of the Southgate area. The evolution of the current proposals is set out below:

Scheme 1 (November 1997)

6.5 The main elements of the first scheme submitted to the Council by General Accident were:

(a) Shopping concentrated on two levels either side of a central north/south pedestrian street, with flanking colonnaded first floor walkways;

(b) Car parking on three levels above the eastern of these two ranges of shops, accessed from the south-east corner of the site;

(d) Housing (12 flats) at upper floor level fronting onto Southgate;

(e) A block of shops with restaurants above at the north-west corner of the site, bisected by a diagonal arcade providing the natural route from Stall Street to the central street;

(f) Major store units located in a single block at the south end of the site, with Dorchester Street realigned along the river bank;

(g) Bus station realigned north-south, on roughly its present site, with a new northbound traffic route between it and the Argyll building;

(h) New SWEB transformer station located between the bus station and Manvers Street;

(i) Underground servicing accessed from Kingston Road.

6.6 Extensive consultation revealed a number of substantive objections to this Scheme and prompted a detailed re-evaluation of the main principles of the redevelopment. In particular there were concerns that:

(a) High-level car parking would produce undesirably bulky buildings in the eastern part of the scheme;

(b) The bus station was located too far from Bath Spa railway station to form an effective transport interchange;

(c) The need for a large road adjacent to the bus station isolated the Argyll building and disrupted the continuity of the townscape in this part of the site;

(d) There was inadequate housing provision;

(e) The location of the new SWEB transformer station was disruptive;

(f) Inadequate open space was provided;

(g) The degree of demolition of the Bath Spa station vaults involved in the realignment of Dorchester Street was too great.

6.7 There was also criticism of the two level shopping arrangement and the architectural design of the proposed buildings which was generally considered to be excessively grand.

Scheme 2 (October 1998 with major revisions in February 1999)

6.8 In October 1998 a revised scheme was submitted to the Council which sought to address the objections raised in respect of Scheme 1 in the following manner:

(a) The bus station was moved to a location south of Dorchester Street (which remained on roughly its present alignment), to the west of the retained vaults and ramp at Bath Spa station;

(b) Prompted by indications that below-ground archaeology was not so restrictive as had at first been thought, car parking (and servicing) was relocated below ground with car access at the south-west corner close to the Churchill Bridge Gyratory;

(c) A pattern of open streets was developed, with all shopping accessed at ground level, with a large central square (comparable in size with Abbey Churchyard) located towards the southern end of the site;

(d) The department store was relocated at the south-east corner adjacent to the Argyll building, Boots was to be rebuilt on its present site next to a new food store, and the multiplex cinema was relocated to the upper storeys of the two central and northern blocks, with a linking bridge over the diagonal street;

(e) Housing provision was increased to 43 units.

6.9 Revisions to Scheme 2 were submitted in February 1999 which were intended to respond to criticisms concerning the layout and design of the bus station, as well as the architectural treatment of the buildings north of Dorchester Street.

6.10 Scheme 2 evoked some degree of support from the Council, however, it was considered to leave a number of issues unresolved. The main criticisms of the proposals were that:

(a) There was inadequate integration between the bus station and railway station interposing a visual and psychological barrier to the effective operation of a transport interchange;

(b) There was inadequate capacity for buses to allow for future expansion of services;

(c) There was insufficient regard for below-ground archaeology (further investigation having revealed more features of possible interest);

(d) There was still inadequate housing provision;

(e) The central open space was located too far south to provide a focus for the scheme, resulting in lengthy uniform streets in the northern part of the site.

Scheme 3 (October 1999)

6.11 To meet these criticisms, a third scheme was submitted to the Council in October 1999. This scheme embodied the following elements:

(a) The repositioning of the central open space further to the north. This space now stood at the junction of the diagonal and north-south streets forming the framework of the layout and was larger than before in area;

(b) The new location of the square allowed the multiplex cinema (reduced from 7 to 6 screens) to be located on the upper floor of a single building, rather than spread across two buildings linked by a bridge as before;

(c) This in turn allowed residential accommodation to be located at 2nd and 3rd floors of three buildings rather than two, increasing the number of units from 40 to a maximum of 68 (depending on the mix of sizes). Some of these units enjoyed the advantage of overlooking the central open space;

(d) Enlargement of the cinema block resulted in the footprint of the blocks fronting onto Southgate being reduced, but the uses in these remained unchanged, as did the location of the Department Store in the south-east corner of the main site;

(e) The separate pavilion containing the northern car park entrance was omitted, the entrance being absorbed within the adjoining building;

(f) The colonnade providing a bus shelter on the north side of Dorchester Street was extended to the length of the street;

(g) The locations of the shopmobility facility and public toilets were altered;

(h) The underground car park was curtailed, to respect the increased extent of likely archaeological deposits east of the 'Bum Ditch';

(i) South of Dorchester Street, the northern ends of the station vaults were exposed, and a new transport interchange of contemporary design located in front of the vaults and linked to Bath Spa station by a glazed concourse;

(j) Operational accommodation for First Bus was provided in this building and a single-storey building located above the vaults;

(k) Churchill House was totally demolished and replaced by a small retail building;

(l) The layout of the SWEB transformer station was amended;

(m) The architectural treatment of the component buildings was simplified. The proportions of each were reviewed against the yardstick of the geometry of a number of 18th and 19th century buildings in the City Centre. The use of a giant order of columns for the cinema entrance was abandoned, as were the cinema 'barrel' roofs.

6.12 The overall massing of the scheme was affected by these changes. In particular, the bulk of the buildings fronting onto Dorchester Street was reduced by setting back the cinema auditoria from the face of the building. The height of buildings along the northern boundary of the site was reduced, specifically to improve the environment of New Orchard Street and daylighting and sunlight to Ham Gardens House. The 'terrace' occupying the northern part of Southgate was stepped to accord with the street gradient.

6.13 The Council's planning committee reviewed these proposals in March 2000 and called for further consideration of:

(a) The layout of the transport interchange;

(b) Archaeological constraints;

(d) The multiplex cinema;

(e) Townscape and architectural treatment.

Scheme 4 (June 2000)

6.14 In response to the points raised by the planning committee in March 2000, a revised scheme was submitted in June 2000 which included the following new elements:

(a) Reverting to a bus station layout confined to the west of the listed station vaults, with Dorchester Street realigned further north to allow a more generous covered pedestrian way between bus and railway stations. The bus station building was relocated to the west end of the bus station.

(b) Modification of the SWEB transformer station;

(c) Omission of the underground service corridor beneath Blocks B and C in order to reduce the likelihood of damage to possible archaeological deposits along the east side of Southgate;

(d) A small increase in housing provision (to 70 units) with detailed improvements to layout and design following consultation with the Council's Housing Officer and Signpost Homes (Housing Association);

(e) Substitution of a health and fitness facility for the multiplex cinema in Block F. The grant of planning permission for a multiplex cinema on the Kingsmead site made this element of the Southgate proposals redundant;

(f) Modifications to the architectural treatment, including:

(i) increased width of the diagonal street and of the central open space;

(ii) realignment of Dorchester Street, and increased width between the kerb and the face of building colonnades;

(iii) remodelling of the car park entrance;

(iv) simplification of architectural elements

(g) In consultation with Sir William Whitfield, a general ‘re-focusing’ of the approach to the contemporary classical vocabulary of the design.

6.15 These proposals were reviewed by the Council's development control committee on 22 September 2000 which resolved that:

(a) The Southgate Area should be redeveloped as a matter of priority and reaffirmed its support for the principle of a comprehensive redevelopment of Southgate in accordance with adopted local plan policy and relevant material considerations, including the Council's Local Transport Plan ("LTP");

(b) The committee welcomed the revised proposals as a constructive step towards achieving an acceptable solution which met many of the aspirations of all those who contributed to the realisation of a comprehensive redevelopment of the Southgate area;

(c) The committee deferred the applications to give the opportunity for further negotiation with appropriate parties, including the Council as the freeholder, English Heritage, Railtrack and First Group with a view to seeking solutions to and the resolution of outstanding matters of concern;

(d) The committee confirmed its support for the June 2000 proposals, subject to the resolution of the key issues referred to above and in particular:

(i) A quality public transportation interchange capable of accommodating predicted travel volumes for the year 2008, offering a high quality environment for users and encouraging a modal shift in travel patterns in accordance with the Council's LTP aspirations, DETR Guidance and performance criteria, the Transport Interchange Best Practice 1998 Report commissioned by the DETR and the Steer Davies Gleave reports of May 1998 and March 1999 initiated by the Council;

(ii) Retail floorspace in the order of that proposed (but only if this could be achieved in conjunction with the resolution of other matters);

(iii) The inclusion within the retail provision for local 'shopping facilities' including a food store of comparable size to that currently available at ground level, and inclusion within the development of full disability access to be negotiated with the Council's Access Officer and in consultation with disability access groups;

(iv) The basement car park providing a maximum of 725 spaces including at least 32 for disabled people, on the basis that further evaluation of the archaeological ground conditions is undertaken to clarify areas of risk;

(v) A level of housing provision in line with the Council's housing strategy and new Government guidance on mixed urban developments, providing not less than 90 housing units of which 25% to be affordable;

(vi) Quality public realm streets and spaces capable of providing appropriate capacity and quality environment for the numbers of people likely to use them and the related necessary quality street furniture.

Scheme 5 (June 2001 - The Current Submission)

6.16 The main issues addressed by the fifth scheme were:

(a) The Public Transport Interchange - CGNU considered it desirable to appoint a specialist practice to work out a fresh solution. Wilkinson Eyre was appointed in December 2000, and the scheme now proposed results from that appointment;

(b) Landscaping - Landscape architects, Livingston Eyre, were appointed to provide a fresh approach to the design of spaces around the buildings;

(d) Archaeological ground conditions and hydrology – CGNU commissioned additional on-site investigation by specialists.

6.17 The June 2001 proposals were subsequently further refined during the lead up to the Council’s resolutions in May 2002 and June 2003. Planning permission was granted on 25 September 2003. The current Scheme is described in detail in section 7 below.

7. description of the scheme

7.1 The Scheme is a comprehensive mixed-use redevelopment of a five hectare site bounded by New Orchard Street and Henry Street to the north, Manvers Street to the east, Bath Spa railway station and the River Avon to the south, and Southgate Street to the west. The redevelopment includes demolition works and the provision of a mixed-use development principally comprising retail (Classes A1, A2 and A3), residential (Class C3), indoor leisure (Class D2 excluding cinema), car parking and a new public transport interchange.

7.2 In order to implement the Scheme, the demolition of the following buildings and structures will be necessary:

(a) Southgate Centre;

(b) Ham Gardens car park;

(d) Bus station;

(e) Churchill House and related buildings to the south of Dorchester Street;

(f) Part of an existing electricity substation; and

(g) The goods yard ramp at Bath Spa railway station and car park to the south of Dorchester Street and related structures.

7.3 The Scheme includes the following 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;

(d) construction of a new public 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 in front of Bath Spa railway station;

(f) re-modelling of the station forecourt and rearrangement of vehicular access to the south of the station to take account of the creation of new public transport interchange. Improvement of waiting arrangements for taxis and disabled persons parking. Provision of passenger lifts in the 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 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) alterations to the station vaults under the goods yards to upgrade them for commercial use to be directly accessible from the new public square;

(i) various associated road closures and road works;

(j) the Scheme comprises 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.

8. the PLANNING position

Planning Consents

8.1 On 25 September 2003 full planning permission was granted under reference 97/01019/FUL for the demolition of existing buildings and structures and the redevelopment of the Southgate area for residential; retailing; indoor leisure; offices; bus station/public transport interchange and related facilities; public conveniences; car parking; servicing; works to Dorchester Street and Manvers Street and related access and highway works; streets, public spaces and landscaping; works to Bath Spa Railway station and forecourts to north and south, including the installation of lifts and alterations to station vaults; works to the electricity transformer; accommodation works to the Argyll Hotel building; relocation of listed telephone boxes; and related engineering and landscaping works (the "Main Permission").

8.2 On 10 May 2002 full planning permission was granted under reference 01/01377/FUL for alterations to the Southgate Footbridge with associated works to footpaths to the north of the bridge, the provision of a landing stage adjacent to the bridge and the construction of a staircase linking riverside walk to the south end of Widcombe Bridge. The implementation of the works to the Southgate Footbridge permitted by this consent is dealt with by way of an obligation in the Planning Agreement (see paragraph 8.6 below).

8.3 The Bath Conservation Area includes the whole of the Order Land. Conservation area consent for the demolition of all unlisted buildings and structures within the site was granted on 10 May 2002 under reference 00/01761/CA.

8.4 The Scheme includes works to listed buildings and structures. Bath Spa railway station is a grade 2* listed building and the goods yard ramp is a listed structure by virtue of it being attached to the railway viaduct and the station building. On 21 June 2002 listed building consent was granted under reference 01/01431/LBA for alterations to Bath Spa railway station; the demolition of the goods yard ramp; alterations to the station forecourts; external works in the curtilage of the station; erection of a new building on the former goods yard; accommodation works to the Argyll Hotel building; the creation of a new public square on Dorchester Street; and the relocation of telephone kiosks.

8.5 This Statement refers to the consents identified in paragraphs 8.1 to 8.4 above as the "Planning Consents".

Planning Agreement

8.6 On 24 September 2003 CGNU entered into a section 106 agreement with the Council in conjunction with the grant of the Main Permission (the "Planning Agreement"). The Planning Agreement requires CGNU to (inter alia):

(a) provide a minimum of 23 affordable housing units;

(b) pay a contribution of £10,000 to be used by the Council towards the provision of additional cycle racks throughout the new development;

(c) pay a contribution of £20,000 to be used by the Council towards the provision of a priority access point in Manvers Street;

(d) pay a contribution of £10,000 to be used by the Council towards the provision of increased CCTV monitoring capacity at its CCTV control centre;

(e) pay a contribution of £50,000 to be used by the Council towards the fit out of the facility to be provided pursuant to (f) below;

(f) construct to a shell finish a replacement facility to assist persons with mobility difficulties to shop in the new development;

(g) meet the cost of traffic regulation orders required to implement the Scheme;

(h) 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; and

(vi) connection of signals to the Council's Urban Traffic and Management Control System

(i) construct and maintain public walkways within the new development;

(j) implement a green travel plan for the new development;

(k) seek to maximise use of grey water;

(l) seek to minimise energy consumption;

(m) seek to re-use demolition materials in the construction of the Scheme;

(n) adhere to an archaeological method statement during construction;

(o) install CCTV cameras at agreed locations throughout the site;

(p) use all reasonable endeavours to ensure that contractors and sub-contractors employ a minimum number of local persons during the construction of the development;

(q) construct and thereafter maintain public conveniences at agreed locations throughout the site;

(r) monitor air quality in specified locations throughout the site;

(s) 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

(t) implement a scheme for the restoration and re-use of Avon House;

(u) use reasonable endeavours to ensure that a tourist information centre and ticket office are located in the Finger Vault in Bath Spa railway station;

(v) provide public art in agreed locations throughout the site;

(w) carry out improvement works to Bath Spa railway station and, subject to establishing the feasibility of and obtaining the necessary consents for proposals to open the southern rear door of Bath Spa railway station to provide a means of access to and egress from the station, secure the opening of the southern rear door;

(x) 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.

Planning Policy Background

8.7 In granting the Planning Consents the Council has had regard to national and regional policy, the development plan and other relevant local policy and guidance together with any other material considerations as required by Sections 54(A) and 70(2) of the 1990 Act.

National Planning Guidance

8.8 Planning Policy Guidance Notes ("PPGs") 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.

(a) Planning Policy Guidance Note 1 – General Policies and Principles ("PPG1")

PPG1 stresses the importance of locating development in town centres, sustainable development and quality of design.

(b) Planning Policy Guidance Note 3 – Housing ("PPG3")

PPG3 seeks to promote developments which combine a mix of uses and promote additional housing in town centres. Priority should be given to employment generating uses such as shopping, offices and leisure, and opportunities for housing on upper storeys should be taken. Local planning authorities are directed by PPG3 to allow housing developments with limited or no off-street parking in areas with good public transport accessibility and where effective on-street parking control is present or can be secured. PPG3 also promotes the creation of mixed and inclusive communities to cater for a range of housing needs.

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) is regulated by the Planning Agreement.

PPG6 encourages the location of retail and leisure developments in existing town centres in order to sustain or enhance the vitality and viability of the centre and to reduce the need to travel. PPG6 promotes the "sequential" approach for such developments. This requires that, when looking at the most suitable sites for large retail or leisure developments, the preference is for town centre locations. PPG6 also promotes mixed-use development, retention of key town centre uses and good urban design.

The site of the proposed Scheme is located within the town centre of Bath and within the identified primary shopping core. The proposal therefore conforms with the principles of PPG6. PPG6 recognises 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 centre of Bath, thereby reducing the need to travel.

(d) Draft Planning Policy Statement 6 – Planning for Town Centres ("PPS6")

Draft PPS6 has been published for consultation. It is the Government's intention that PPS6 will, in due course, replace PPG6. As a draft, it carries less weight than PPG6, however, it will still be a material consideration. The key principles of PPS6 are:

(i) a re-emphasis of the 'town centres first' objective;

(ii) the need for a plan-led approach at both regional and local levels;

(iii) the need for local planning authorities to plan for growth;

(iv) the need to tackle social exclusion by ensuring access for all to a wide range of everyday goods and services; and

(v) the need to promote more sustainable patterns of development with less reliance on the car.

These aims are broadly consistent with the aims of PPG6 and, as such, the proposals comply with PPS6.

(e) Planning Policy Guidance Note 13 – Transport ("PPG13")

PPG13 seeks to reduce the growth in the length and number of motorised journeys and to encourage alternative means of travel which have a less damaging impact upon the environment. In conjunction with PPG6, it encourages developments that are likely to generate a significant number of visitors to locate within town centres.

Southgate is within easy walking distance of Bath Spa railway station and the proposed new public transport interchange which will ensure that the 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. Those car drivers unable to find a parking space will be obliged 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 public transport interchange and the improvements to the railway station will both encourage and accommodate this increased usage of public transport.

The enhanced pedestrian proposals for Bath Spa 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.

(f) Planning Policy Guidance Note 15 - Planning and the Historic Environment ("PPG15")

PPG15 provides a comprehensive statement of the Government's policies for the identification and protection of historic buildings and conservation areas. It sets out the planning system's objective of reconciling the need for economic growth with the need to protect the natural and historic environment.

Where proposals relate to the demolition or partial demolition of a listed building or a significant part of it, PPG15 outlines three broad considerations to be taken into account by the decision-maker:

(i) the condition of the building;

(ii) the adequacy of efforts made to retain the building in use; and

(iii) the merits of alternative proposals for the site.

PPG15 further identifies that there may be "very exceptional cases where the proposed works would bring substantial benefits for the community which have to be weighed against the arguments in favour of preservation".

The only listed structure proposed for demolition is the goods yard ramp within the curtilage of Bath Spa 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 public transport interchange. Secondly, the resulting exposure of the vaults beneath the 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 a new bus station clearly brings 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.

(g) Planning Policy Guidance Note 16 - Archaeology and Planning ("PPG16")

PPG16 seeks to ensure that archaeological remains are protected by the taking of appropriate measures.

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. The Council is satisfied that this mitigation strategy satisfies the requirements of PPG16 and will serve to adequately protect any archaeological features contained within the site.

Regional Planning Guidance

8.9 Regional Planning Policy Guidance for the South West, September 2001 ("RPG10") 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;

(d) prudence in the use and management of resources.

8.10 These aims are taken forward through a number of policies for the region. These include:

(a) promoting sustainable patterns of development, including the sequential approach to the location of development, in particular concentrating growth in the principal urban areas and other designated centres of growth;

(b) promoting the development of previously developed urban land, including the promotion of mixed-use commercial activities on suitable sites in urban locations;

(c) recognising the role that local authorities, Regional Development Agencies, funding agencies and regional stakeholders have to play in promoting strategies, policies and proposals for development and investment in physical and social infrastructure; and

(d) regular monitoring of regional circumstances and measures taken to achieve the stated aims.

8.11 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. The specific objectives for this sub-region include:

(a) building on economic strengths of the north of the region;

(b) making adequate provision to meet new development requirements in the PUAs;

(c) seeking more sustainable patterns of development through strengthening the roles of PUAs to foster urban renaissance;

(d) encouraging appropriate housing, employment, retail and social facilities in sustainable locations;

(e) developing and improving sustainable urban transport networks;

(f) giving priority to measures for economic and social restructuring, and improving transport and economic linkages between economically successful and less successful parts of the sub-region; and

(g) conserving and enhancing important environmental assets.

8.12 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.

8.13 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.

8.14 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.

8.15 The guidance promotes the reuse of previously developed urban land for new residential development. New housing sites should also satisfy the sequential approach to site selection. Future development in PUAs should also ensure affordable and decent homes.

8.16 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.

8.17 The Council's objectives in promoting the regeneration of the Southgate area, through the comprehensive redevelopment of the site to provide a mix of uses including retail and residential, together with the provision of a new public transport interchange and other significant environmental improvements, accord fully with RPG10.

The Development Plan

8.18 The development plan comprises the adopted Joint Replacement Structure Plan (2002) and the adopted Bath Local Plan (1997). These two plans constitute the statutory development plan for the purposes of Section 54A of the 1990 Act.

(a) The Joint Replacement Structure Plan (the "Structure Plan")

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 following policies are relevant to the Scheme:-

POLICY 6: - "IN BATH, DEVELOPMENT AND TRANSPORT PROPOSALS WILL MAINTAIN AND ENHANCE THE CITY'S ECONOMIC AND SOCIAL PROSPERITY AND ITS ROLES AS A REGIONAL CENTRE AND A FOCUS FOR INTERNATIONAL TOURISM, WHILE SAFEGUARDING AND CONTRIBUTING TO ITS STATUS AS A WORLD HERITAGE SITE. THIS WILL REQUIRE PROVISION FOR:

· THE IMPROVEMENT OF SHOPPING AND RELATED FACILITIES AS REQUIRED TO SAFEGUARD AND ENHANCE THE VITALITY AND VIABILITY OF THE CITY CENTRE AND ITS DISTRICT AND LOCAL CENTRES

· THE ENHANCEMENT OF TOURIST AND CULTURAL FACILITIES

· EMPLOYMENT USES TO MEET LOCAL REQUIREMENTS, IN PARTICULAR THROUGH THE REGENERATION OF PREVIOUSLY USED SITES AND MIXED-USE SCHEMES

· ADDITIONAL HOUSING, INCLUDING MIXED-USE SCHEMES

· TRAFFIC MANAGEMENT AND IMPROVEMENTS TO TRAVEL BY NON CAR MODES

IN WAYS THAT SECURE REDUCTIONS IN VEHICULAR TRAFFIC, POLLUTION AND TRAFFIC CONGESTION, SAFEGUARDS AND ENHANCES THE ENVIRONMENT, AND CONSERVES THE HISTORIC CHARACTER AND DIVERSITY OF ACTIVITY IN THE CITY.

LOCAL PLANS WILL ADDRESS THE PROBLEMS OF LOCAL AND REGIONAL TRAFFIC MOVEMENTS IN BATH AND SEEK TO ACHIEVE TRAFFIC REDUCTIONS THROUGHOUT THE CITY AS A WHOLE BY MEASURES WHICH WILL INCLUDE:

· PROVIDING FOR FORMS OF DEVELOPMENT APPROPRIATE TO SECURE THE TRANSPORT OBJECTIVES OF THE CITY

· SUBSTANTIALLY REDUCING THROUGH TRAFFIC IN THE CITY CENTRE BY DIRECTING IT TO DESIGNATED ALTERNATIVE ROUTES AND GIVING PRIORITY TO PUBLIC TRANSPORT, PEDESTRIANS AND CYCLISTS

· CONTROLLING CAR PARKING TO DISCOURAGE CAR USE

· DEVELOPING PUBLIC TRANSPORT ON THE CORRIDORS INTO BATH, AND TRANSPORT INTERCHANGES INCLUDING UPGRADING THE BATH BUS/RAILWAY STATION."

The Scheme will enhance the vitality and viability of the City Centre through the provision of improved shopping facilities, additional housing, improvements to the Bath Spa railway station, a new bus station and the introduction of new leisure uses at Southgate. 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.

POLICY 40: - "PROVISION TO MEET REQUIREMENTS FOR NEW RETAIL DEVELOPMENT WILL BE MADE WITHIN THE CITY, SUB-REGIONAL, MAJOR TOWN AND DISTRICT CENTRES WHERE SUITABLE SITES ARE AVAILABLE, FOLLOWED BY EDGE OF CENTRE SITES, AND THEN MINOR TOWN, DISTRICT, LOCAL AND VILLAGE CENTRES."

The Scheme accords with Policy 40 by meeting requirements for new retail development within the heart of Bath City Centre.

(b) The Bath Local Plan

The Bath Local Plan was adopted in June 1997 and covers the period between 1997 to 2001. It promotes the regeneration of the Southgate area which it describes as being not in keeping with the style, form and variety of buildings in the City Centre. The specific policies relevant to the Scheme are as follows:-

POLICY H6 - "THE CITY COUNCIL WILL NEGOTIATE WITH DEVELOPERS TO PROVIDE AFFORDABLE HOUSING, AT AN APPROPRIATE LEVEL TO MEET IDENTIFIED HOUSING NEEDS, IN SUBSTANTIAL RESIDENTIAL DEVELOPMENTS INCLUDING MIXED-USE SCHEMES. PLANNING PERMISSION WILL NOT BE GRANTED UNLESS THERE ARE APPROPRIATE MEASURES TO ENSURE THAT THE BENEFIT OF THE AFFORDABLE HOUSING IS ENJOYED BY SUCCESSORS AS WELL AS INITIAL OCCUPIERS".

The Planning Agreement secures the provision of 23 affordable units which represents 25 per cent of the residential units comprised within 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.

POLICY H13 - "THE COUNCIL WILL NORMALLY PERMIT RESIDENTIAL DEVELOPMENT PROVIDING IT:

· CONFORMS TO THE EXISTING SCALE AND CHARACTER OF THE SURROUNDING RESIDENTIAL AREA;

· PROVIDES ADEQUATE OFF-STREET CAR PARKING;

· PROVIDES SATISFACTORY VEHICULAR AND PEDESTRIAN ACCESS TO THE SITE;

· PROVIDES ADEQUATE SPACE BETWEEN NEW AND OLD BUILDINGS TO MAINTAIN THE AMENITY OF NEIGHBOURING PROPERTIES;

· PROVIDES ADEQUATE LANDSCAPING, INCLUDING RETAINING AS MANY EXISTING TREES AS POSSIBLE, AND, WHERE APPROPRIATE, OPEN SPACE AND PLAY FACILITIES."

The Scheme contributes to meeting the demand for housing. The proposed residential units are appropriate for the urban 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.

POLICY R1 - "THE CITY COUNCIL WILL ENSURE THAT THE CENTRES WITHIN THE PRESENT HIERARCHY OF SHOPPING CENTRES ARE MAINTAINED CONSISTENT WITH ENVIRONMENTAL CONSIDERATIONS, AND THAT THE ROLE OF THE CITY CENTRE AS A REGIONAL SHOPPING CENTRE CATERING MAINLY, BUT NOT EXCLUSIVELY, FOR THE RETAILING OF COMPARISON AND SPECIALIST GOODS, CONTINUES."

The Scheme conforms with Policy R1 by seeking 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.

POLICY R2 - "DURING THE PLAN PERIOD DEVELOPMENT OF AROUND 15,000 SQ.M NET FLOORSPACE WILL BE PERMITTED FOR COMPARISON GOODS SHOPPING."

The net additional retail floorspace proposed within the scheme falls within this limitation and fulfils the criterion recommended by the Council's consultants.

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:

· THE DEVELOPMENT SHALL BE DESIGNED TO COMPLEMENT AND BE IN KEEPING WITH THE SCALE, FORM AND VARIETY OF BUILDINGS IN THE CITY CENTRE;

· THE REDEVELOPMENT SHALL MAKE FULL PROVISION FOR A FUNCTIONALLY EFFICIENT PUBLIC TRANSPORT INTERCHANGE AND AN IMPROVED ENVIRONMENT FOR USERS OF PUBLIC TRANSPORT SERVICES;

· 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;

· THE INCLUSION OF AN ELEMENT OF HOUSING; AND

· NO SUBSTANTIAL INCREASE IN PARKING PROVISION."

The Scheme is a mixed-use development, but with a predominant element of retail. In compliance with this policy, the proposals include an element of housing, make full provision for a new public transport interchange, involve a decrease in parking provision (by 105 car parking spaces), and are designed sensitively to the site's location and surroundings.

POLICY R7 - "THE COUNCIL WILL, THROUGH APPROPRIATE MEANS, INCLUDING THE USE OF PLANNING OBLIGATIONS, SEEK TO MAINTAIN AND PROMOTE THE AREAS LISTED BELOW AS FOCAL POINTS FOR LOCAL NEEDS SHOPPING:

· CHEAP STREET;

· WESTGATE STREET;

· SOUTHGATE; AND

· THE GUILDHALL MARKET."

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.

POLICY R8 - "WITHIN THE CENTRAL SHOPPING AREA, THE CITY COUNCIL WILL ENCOURAGE PROPOSALS FOR RESIDENTIAL USE OF UPPER FLOORS ABOVE RETAIL PREMISES, BUT WILL PERMIT OTHER USES WHERE THE PREMISES ARE UNSUITABLE FOR CONVERSION TO RESIDENTIAL PURPOSES ON ENVIRONMENTAL OR ACCESS GROUNDS."

The Scheme accords with this policy by incorporating residential units on the upper floors of some of the proposed retails blocks.

POLICY T1 - "WITHIN THE CONTEXT OF A STRATEGY TO REDUCE THE ENVIRONMENTAL IMPACTS OF TRAVEL, THE CITY COUNCIL WILL SEEK TO PROMOTE THE USE OF PUBLIC TRANSPORT, WALKING AND CYCLING AND TO REDUCE DEPENDENCE ON THE PRIVATE CAR FOR JOURNEYS WITHIN THE CITY, ESPECIALLY BY VISITORS AND THOSE TRAVELLING TO WORK."

POLICY T7 - "THE CITY COUNCIL'S CAR PARKING STRATEGY IS TO EXPAND THE PROVISION OF PARK AND RIDE AT ENTRY POINTS TO THE CITY, AND TO RESTRICT PARKING PROVISION WITHIN THE CENTRAL AREA, OTHER THAN TO MEET THE NEEDS OF SERVICING, THE MOBILITY IMPAIRED AND RESIDENTS. ANY INCREASE IN SHORT TERM PARKING WITHIN THE CENTRAL AREA SHOULD BE AT THE EXPENSE OF LONG STAY CAR PARKING SPACES."

The Scheme seeks to encourage public transport use by improving the railway station, creating a new bus station, encouraging cyclists through the provision of additional cycle stands, and reducing on site car parking by 105 spaces.

POLICY T4 - "THE COUNCIL WILL SEEK APPROPRIATE TRAFFIC MANAGEMENT MEASURES TO REDUCE THE AMOUNT OF MOTORISED TRAFFIC IN ENVIRONMENTALLY SENSITIVE AREAS."

In accordance with this policy, the Scheme includes the signalisation of a number of junctions to alleviate any traffic generated by the Scheme. These works will comprise:

· landscape works to Southgate and New Orchard Street;

· reconstruction/resurfacing as appropriate of all adopted highways;

· construction of new highway layout at Bathwick Street/Beckford Road;

· works to the Churchill Bridge Gyratory;

· works to achieve the travel of buses in a northbound direction only along Ambury; and

· connection of signals to the Council's Urban Traffic and Management Control System

POLICY T6 - "IN BRINGING FORWARD TRAFFIC MANAGEMENT PROPOSALS FOR THE CENTRAL AREA, THE CITY COUNCIL WILL HAVE, AS ITS PRIME AIM, THE PRESERVATION OF THE HISTORIC FABRIC WHILST RETAINING A VITAL CENTRAL AREA WITH A BALANCED SOCIAL, CULTURAL AND ECONOMIC STRUCTURE, AND WILL SEEK TO ACHIEVE THE FOLLOWING OBJECTIVES:

· FURTHER ENVIRONMENTAL IMPROVEMENTS FOR THE BENEFIT OF PEDESTRIANS;

· FURTHER EXCLUSION OF THROUGH TRAFFIC AND OTHER UNNECESSARY MOTORISED VEHICLES;

· IMPROVED PENETRATION BY PUBLIC TRANSPORT VEHICLES;

· MAINTAINED OR ENHANCED STANDARDS OF ACCESS FOR CYCLISTS AND THE MOBILITY IMPAIRED;

· SERVICING THAT ADEQUATELY MEETS THE NEEDS OF NEW AND EXISTING COMMERCIAL, CULTURAL, RESIDENTIAL AND RECREATIONAL ACTIVITIES WITHIN THE CENTRAL AREA, INCLUDING EMERGENCY SERVICES."

POLICY T20 - "THE CITY COUNCIL WILL SEEK SAFE, CONVENIENT AND PLEASANT CONDITIONS FOR PEDESTRIANS AND THE MOBILITY IMPAIRED IN ASSESSING ALL DEVELOPMENT AND HIGHWAY PROPOSALS WITH REGARD TO:

· INTRODUCING FURTHER RESTRICTIONS IN STREETS WHICH GIVE PRIORITY AND SAFETY TO PEDESTRIANS;

· PROVIDING EFFECTIVE AND APPROPRIATE PEDESTRIAN CROSSING FACILITIES;

· INTRODUCING MEASURES TO REDUCE THE NUMBER OF VEHICLES IN SOME STREETS; AND

· SECURING MINOR IMPROVEMENTS SUCH AS SIGNING RAMPS AND DROPPED KERBS AT JUNCTIONS AND PRINCIPAL POINTS OF PEDESTRIAN ACCESS."

POLICY T24 - "THE CITY COUNCIL IN CONSIDERING ALL APPLICATIONS FOR DEVELOPMENT WILL, WHERE APPROPRIATE, REQUIRE THE CYCLE PARKING STANDARDS TO BE APPLIED AS OUTLINED IN APPENDIX E. THE REQUIREMENTS FOR CYCLE PARKING WILL ALSO BE CONSIDERED IN LIGHT OF THE COUNCIL'S CONSERVATION POLICIES FOR THE CITY, THE AIM TO PRESERVE AND ENHANCE THE CITY'S NATURAL AND BUILT ENVIRONMENTS AND THE CONSTRAINTS IMPOSED BY LAND AVAILABILITY, PARTICULARLY WITHIN THE CITY CENTRE. IN CONSIDERING THE NUMBER, SITING AND DESIGN OF SUCH FACILITIES, THE CITY COUNCIL WILL HAVE PARTICULAR REGARD TO THE IMPACT UPON THE VISUAL AND OTHER AMENITIES OF AN AREA."

A number of improved pedestrian routes and facilities are proposed, based largely on a series of pedestrian surveys carried out by CGNU in May 2001. The Southgate complex itself will provide ample footways, and pedestrian routes at Bath Spa railway station are to be improved. To cater for anticipated extra demand on existing routes, pedestrian crossings are to be provided at Churchill Bridge/Broad Quay and signalisation works are to be undertaken at Dorchester Street/St James' Parade. In terms of access for the mobility impaired, the Scheme will provide 32 disabled parking spaces close to the lifts at the centre of the development on the upper level of the basement car park. The Scheme also promotes cycling as an alternative mode of transport and makes provision for 80 cycle stands at 7 locations on the streets surrounding the Southgate complex. 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.

POLICY L18 - "THE CITY COUNCIL WILL, WHERE APPROPRIATE, REQUIRE THE SUBMISSION OF A LANDSCAPE SCHEME AS A CONDITION OF PLANNING CONSENT, FOR SITES WITHIN THE CONSERVATION AREA, IN LOCATIONS WHICH COULD HAVE A SIGNIFICANT EFFECT ON THE LANDSCAPE, AND FOR MAJOR DEVELOPMENT PROPOSALS, THE CITY COUNCIL WILL REQUIRE FULLY DETAILED AND INTEGRATED LANDSCAPE SCHEME TO BE SUBMITTED WHEN FULL PLANNING PERMISSION IS SOUGHT, OR AT THE TIME OF APPROVAL OF DETAILS WHERE OUTLINE PLANNING PERMISSION HAS ALREADY BEEN GRANTED."

The layout of and basic design principles for both soft and hard landscaping within the Scheme have been formulated by CGNU's landscape architects, Livingston Eyre. These details were submitted and approved as part of the planning application for the Main Permission. The Main Permission contains a planning condition requiring the submission of a detailed landscaping scheme prior to the commencement of development. This landscaping scheme will provide details of both soft and hard landscaping, including items such as cycle racks, seating, litter bins and other street furniture.

POLICY C2 - "THE CITY COUNCIL WILL REQUIRE DEVELOPMENT TO BE OF A HIGH STANDARD OF DESIGN, AND SENSITIVE TO AND COMPATIBLE WITH THE SCALE, HEIGHT, BULK AND CHARACTER OF THE SURROUNDINGS."

The Council's architectural consultant, Sir William Whitfield, was involvement in the design process and advised the Council on architectural and urban design aspects of the Scheme. A classical character has been chosen for the Scheme which is in keeping with the style of the overwhelming bulk of central Bath. The design of the proposed Scheme is sensitive to, and compatible with, the surroundings .

POLICY C4 - "IN CONSIDERING THE DEVELOPMENT PROPOSALS WITHIN OR AFFECTING THE CONSERVATION AREA, THE CITY COUNCIL WILL SEEK TO ENSURE THAT ALL PROPOSALS PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE AREA IN TERMS OF SIZE, FORM, POSITION, SCALE, MATERIALS, DESIGN AND DETAILING. PARTICULAR CONSIDERATION WILL BE GIVEN TO THE FOLLOWING:

· THE RETENTION OF BUILDINGS, GROUPS OF BUILDINGS, EXISTING STREET PATTERNS, SPACES, BUILDING LINES AND GROUND SPACES;

· THE RETENTION OF ARCHITECTURAL FEATURES WHICH CONTRIBUTE TO THE CHARACTER OF THE AREA INCLUDING BOUNDARY WALLS;

· THE IMPACT OF THE PROPOSED DEVELOPMENT ON THE TOWNSCAPE, ROOFSCAPE, MASSING AND RELATIVE SCALE AND IMPORTANCE OF BUILDINGS IN THE AREA;

· THE NEED TO PROTECT EXISTING TREES AND LANDSCAPE WHICH CONTRIBUTE TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA;

· THE REMOVAL OF UNSIGHTLY AND INAPPROPRIATE FEATURES; AND

· THE NEEDS OF PEOPLE WITH DISABILITIES FOR ACCESS TO ALL BUILDINGS."

POLICY C6 - "THE CITY COUNCIL WILL GRANT PLANNING PERMISSION FOR DEVELOPMENT INVOLVING DEMOLITION IN A CONSERVATION AREA WHERE NEITHER THE CHARACTER NOR APPEARANCE OF THE AREA WILL BE HARMED. WHEN CONSIDERING SUCH PROPOSALS, THE CITY COUNCIL WILL PAY PARTICULAR REGARD TO THE CONTRIBUTION OF THE STRUCTURE TO BE DEMOLISHED TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA. WHERE THE STRUCTURE MAKES A POSITIVE CONTRIBUTION TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA, THE CITY COUNCIL WOULD TAKE ACCOUNT OF:

· WHETHER IT IS CAPABLE OF RETENTION OR REPAIR FOR A BENEFICIAL USE; AND

· WHETHER THE PROPOSAL REPLACEMENT, IF ANY, WOULD MAKE A SIMILAR OR GREATER POSITIVE CONTRIBUTION TO THE PRESERVATION OR ENHANCEMENT OF THE CHARACTER OR APPEARANCE OF THE AREA.

WHERE IT IS IMPORTANT FOR THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA THAT THE STRUCTURE BE REPLACED OR THE SITE LANDSCAPED, ANY CONSENT INVOLVING DEMOLITION WILL BE SUBJECT TO A CONDITION THAT THE BUILDING SHALL NOT BE DEMOLISHED UNTIL A CONTRACT FOR ACCEPTABLE NEW WORK HAS BEEN MADE."

All unlisted buildings within the application site are proposed for demolition. Of these buildings only the former Dairy building and Churchill House have any historic interest or merit. The demolition of these two buildings is justified on the basis that the Scheme will make a greater positive contribution to the enhancement of the area.

POLICY C11 - "THE CITY COUNCIL WILL NORMALLY ONLY GRANT PERMISSION FOR DEVELOPMENT PROPOSALS WHICH PRESERVE BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST, THEIR SETTINGS AND ANY FEATURES OF SPECIAL ARCHITECTURAL INTEREST WHICH THEY MAY POSSESS."

POLICY C12 - "IN CONSIDERING AN APPLICATION FOR PERMISSION FOR DEVELOPMENT AFFECTING A LISTED BUILDING AND ITS SETTING, THE CITY COUNCIL WILL TAKE ACCOUNT OF THE FOLLOWING:

· A GENERAL PRESUMPTION IN FAVOUR OF THE PRESERVATION OF THE LISTED BUILDING;

· THE IMPORTANCE OF THE BUILDING, ITS INTRINSIC ARCHITECTURAL AND HISTORIC INTEREST AND RARITY;

· THE AFFECT OF THE APPLICATION ON ANY PARTICULAR FEATURES OF THE BUILDING WHICH JUSTIFY ITS LISTING;

· THE BUILDING'S CONTRIBUTION TO THE LOCAL SCENE AND ITS ROLE AS PART OF AN ARCHITECTURAL COMPOSITION;

· THE CONDITION OF THE BUILDING AND THE COST OF REPAIR;

· THE ADEQUACY OF EFFORTS MADE TO RETAIN THE BUILDING AND USE; AND

· THE MERITS OF ALTERNATIVE PROPOSALS."

POLICY C13 - "THE CITY COUNCIL WILL NOT GRANT PERMISSION FOR DEVELOPMENT INVOLVING ALTERATIONS AND ADDITIONS AFFECTING LISTED BUILDINGS OR THEIR SETTINGS UNLESS:

· ORIGINAL ARCHITECTURAL FEATURES AND LATER FEATURES OF INTEREST BOTH INTERNAL AND EXTERNAL WOULD BE RETAINED;

· ALTERATIONS AND ANY ADDITIONS WOULD BE IN KEEPING WITH THE STYLE OF THE ORIGINAL BUILDING;

· PRINCIPAL ROOMS AND OTHER AREAS IDENTIFIED AS CONTRIBUTING TO THE SPECIAL INTEREST OF THE BUILDING WOULD BE RETAINED; AND

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Bath & North East Somerset Council

THE TOWN AND COUNTRY PLANNING ACT 1990

THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND THE ACQUISITION OF LAND ACT 1981

BATH AND NORTH EAST SOMERSET COUNCIL (SOUTHGATE REDEVELOPMENT, BATH)COMPULSORY PURCHASE ORDER 2004