3. The purpose of the
order
The Council will demonstrate at the Public Inquiry that:
3.1
The Order Land is required in order to secure the carrying out of
the Scheme. The Scheme (as described below in section 6) 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. While these negotiations are continuing, a 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 required
timescale.
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 and agreed by the Council.
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 either have been or 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
In pursuing the Order, 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. In addition, 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 will demonstrate at the Public Inquiry 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.
5. The justification for the
use of compulsory purchase powers
5.1
The Council will demonstrate at the Public Inquiry that the use of
compulsory purchase powers is justified by the compelling need in
the public interest for the redevelopment of the Southgate area to
protect and enhance Bath's vitality and viability as a regional
shopping centre and tourist destination.
5.2
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.
5.3
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 to meet
retailers' requirements. Servicing is inconvenient and
restricted. Externally, the design of the Centre is generally
accepted as very poor and inappropriate in scale. The visual
appearance of the surrounding area is also poor, with buildings of
neglected or inappropriate appearance and semi-derelict open
areas. The Council will demonstrate at the Public Inquiry
that the Southgate Centre and the surrounding area fail to provide
an attractive shopping environment for customers and detract from
the character and appearance of Bath and its conservation area. The
Council will also demonstrate that the majority of the existing
development within the Order Land detracts substantially from the
City's status as a World Heritage Site.
5.4
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.
5.5
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, leisure and pedestrian 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.
5.6
In 2000, planning consultants, Nathaniel Lichfield and Partners
("NLP"), carried out a study on behalf of the Council of the four
main retail centres within the Council's area. The results of this
study were published in July 2000 as the Bath and North East
Somerset City and Town Centres Study (the “2000 Study”). 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.
The 2000 Study 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
2000 Study 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.
5.7
It is estimated that 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.
5.8
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.
5.9
A further City and Town Centres Study prepared by NLP on behalf of
the Council was published in October 2004 (the “2004 Study”). The
purpose of the 2004 Study was to inform the local plan review
process. It concludes that there is a significant need for a
major increase in the range and quality of comparison shopping in
Bath City Centre, arising from continuing growth in resident
expenditure, deficiencies in existing provision and high levels of
leakage. This forecast need has increased since the 2000
Study as a result of further increases in expenditure since 2000
and projected increases over the replacement local plan period to
2011. The 2004 Study identifies a minimum requirement for high
street comparison floorspace in the City of Bath to 2011 of 13,700
square metres (net) over and above the Southgate
redevelopment. The 2004 Study underlines the pressing need
for the Scheme to address the weaknesses in shopping provision in
the City Centre, to meet the quantitative and qualitative need for
new shopping floorspace (including a department store) and to
reduce the level of leakage from the area.
5.10
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.
5.11
The Council will demonstrate that, for the reasons stated above,
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. The
scheme
The Council will present the Public Inquiry with a description
of the Scheme together with evidence as to its evolution, on the
following basis:
Description of the Scheme
6.1
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.
6.2
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;
(c)
Former dairy building;
(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.
6.3
The Scheme includes the following elements:
(a)
construction of 7 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 32 disabled parking
spaces on the upper level of the car park;
(d)
construction of a new public transport interchange to create a more
efficient bus station providing 16 bays and 8 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.
6.4
The Scheme comprises 37,567 square metres of gross retail
floorspace (which represents a net increase of retail floorspace of
17,094 square metres), 3,522 square metres of leisure floorspace
and 2278 square metres of Class A3 (restaurant) floorspace.
Evolution of the Scheme
6.5
The Council first publicly recognised the need to redevelop the
Southgate area of Bath in the 1980's when the Prudential Assurance
Company ("Prudential"), who were the former long leasehold owners
of the Southgate Centre, sought to redevelop it. 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.
6.6
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 (Policies 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.
6.7
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.
Following corporate amalgamations, General Accident's interests are
now held by CGNU who have brought forward the current
proposals.
6.8
Initial meetings between General Accident and 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 scheme was submitted in
November 1997. 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 about the location of the bus
station, inadequate housing and open space provision, the design of
the proposed buildings and the degree of demolition of the Bath Spa
station vaults.
6.9
A second scheme was submitted to the Council in October 1998 (with
major revisions in February 1999) which sought to address the
objections raised in respect of scheme 1. While scheme 2 evoked
some degree of support from the Council, it was considered to leave
a number of issues unresolved. Key criticisms focused on the
inadequate integration between the bus station and railway station,
the location of public open space, inadequate capacity for the
future expansion of bus services and inadequate housing
provision.
6.10
A third scheme was submitted in October 1999 which introduced
further amendments to address earlier criticisms. The Council's
planning committee reviewed these proposals in March 2000 and
called for further consideration of the layout of the public
transport interchange, archaeological constraints, housing
provision, the proposed multiplex cinema, townscape and
architectural treatment.
6.11
In June 2000, the fourth scheme was submitted to the Council 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)
The omission of an underground service corridor between certain
proposed blocks in order to reduce the likelihood of damage to
possible archaeological deposits along the east side of
Southgate;
(c)
A small increase in housing provision;
(d)
The substitution of a health and fitness facility for the multiplex
cinema;
(e)
A general ‘re-focusing’ of the approach to the contemporary
classical vocabulary of the design.
6.12
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;
(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 following key issues:
(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;
(ii)
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;
(iii)
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;
(iv)
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;
(v)
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.
6.13
The current Scheme was submitted in June 2001 and the revisions
addressed the following main issues:
(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;
(c)
Housing provision - A reassessment of both the numbers and layout
of the housing element;
(d)
Archaeological ground conditions and hydrology – CGNU commissioned
additional on-site investigation by specialists.
6.14
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 for the Scheme was granted on 25
September 2003.
6.15
The Scheme therefore represents over five years of detailed design
development and extensive consultation and negotiations with the
Council, statutory consultees and other interested parties.
The Council will demonstrate that this process has resulted in a
scheme which will ensure a high quality mixed use development and
that its delivery will secure the economic, social, physical and
environmental regeneration of the Southgate area.
7. The PLANNING
position
The Council will show that detailed planning permission exists
for the Scheme and will set out and explain the policy framework
under which the planning application was determined as follows:
Planning Consents
7.1
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").
7.2
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 7.6
below).
7.3
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.
7.4
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.
7.5
This Statement refers to the consents identified in paragraphs 7.1
to 7.4 above as the "Planning Consents".
Planning Agreement
7.6
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
7.7
In granting the Planning Consents the Council had regard to
national and regional policy, the development plan and other
relevant local policy and guidance together with any other material
considerations as was required by Sections 54A and 70(2) of the
1990 Act.
National Planning Guidance
7.8
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.
(c)
Planning Policy Guidance Note 6 - Town Centres and Retail
Developments ("PPG6")
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
7.9
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;
(c)
progress in meeting society's needs and
aspirations; and
(d)
prudence in the use and management of resources.
7.10
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.
7.11
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.
7.12
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.
7.13
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.
7.14
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.
7.15
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.
7.16
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.
7.17
The Council will seek to demonstrate at the
Public Inquiry that its 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
7.18
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 convenience 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. 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 involved 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, which has received support from CABE and
English Heritage, 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
- THE INTEGRITY, THE ORIGINAL PLAN FORM AND STRUCTURE OF THE
BUILDING AND THE MAIN STAIRCASE WOULD BE RETAINED, EXCEPT WHERE
LATERAL CONVERSION IS PUT FORWARD AS PART OF THE 'LIVING OVER THE
SHOP' INITIATIVE."
With the exception of the proposed removal of the goods yards
ramp to the railway station vaults, the development proposals
retain all the listed buildings and structures within the
application site. The demolition of the goods yard ramp is
justified in this case by the substantial public gain that will
derive from its removal. Some alterations to listed buildings
and works which will affect the setting of listed buildings are
also proposed. However the merits of the proposals justify
these alterations.
POLICY C27 - "WITHIN AREAS OF RECOGNISED ARCHAEOLOGICAL
POTENTIAL SHOWN ON THE PROPOSALS MAP, THE CITY COUNCIL WILL NOT
DETERMINE PLANNING APPLICATIONS INVOLVING WORK BELOW GROUND LEVEL
UNTIL THE APPLICANT HAS PROVIDED INFORMATION IN THE FORM OF AN
EVALUATION OF THE ARCHAEOLOGICAL IMPORTANCE OF THE SITE, AND AN
ASSESSMENT OF THE ARCHAEOLOGICAL IMPLICATIONS OF THE PROPOSED
DEVELOPMENT."
CGNU's archaeological consultant has worked closely with the
Council's archaeological officer and English Heritage to resolve
outstanding archaeological issues and to agree an appropriate
mitigation strategy. The Planning Agreement requires CGNU to
adhere to an archaeological method statement throughout the
construction of the Scheme.
POLICY I2 - "THE CITY COUNCIL WILL, WHERE APPROPRIATE, USE ITS
PLANNING POWERS TO SEEK APPROPRIATE IMPROVEMENTS TO INFRASTRUCTURE
AND THE ENVIRONMENT THROUGH AGREEMENT WITH DEVELOPERS.
PROMOTERS OF DEVELOPMENT PROJECTS WILL, WHERE APPROPRIATE, BE
ENCOURAGED TO CONTRIBUTE TO THE GENERAL IMPROVEMENT OF THE CITY'S
SOCIAL, CULTURAL AND PHYSICAL INFRASTRUCTURE THOUGH THE PROVISION
OF A WIDE RANGE OF COMMUNITY BENEFITS WHERE THESE ARE NECESSARY TO
THE GRANTING OF PERMISSION, AND ARE REASONABLY RELATED IN SCALE AND
KIND TO THE PROPOSED DEVELOPMENT."
The proposals include the creation of a new public transport
interchange and improvements to the Bath Spa railway station which,
without the level of private investment introduced by the Scheme,
would not be achievable in the near future. The Planning Agreement
also requires CGNU to carry out off site highway works which will
improve the road network serving Bath City Centre.
Revised Deposit Draft Bath and North East Somerset Local
Plan
7.19
A revised deposit draft of the Bath and North East Somerset Local
Plan (the "Draft Local Plan") was published in October 2003. This
document sets out the Council's draft planning policies and
proposals for the period ending 2011. Following the publication of
the 2004 City and Town Centres Study, a document listing a number
of pre-inquiry changes to the Draft Local Plan was published
(November 2004). A public inquiry into the Draft Local Plan is due
to commence in February 2005. It is anticipated that the Draft
Local Plan will be adopted in 2006. Once adopted, the plan will
replace the Bath Local Plan as the statutory development plan for
the purposes of Section 38(6) of the 2004 Act. Until such time as
it is adopted, the policies of the Draft Local Plan will be
relevant considerations to which the Council shall be entitled to
have regard in making any determination under the 1990 Act.
7.20
The appropriate weight to be given to draft local planning policies
and proposals will depend upon how much public consultation has
taken place and what stage the preparation of the plan has reached.
The publication of the revised deposit draft is a key stage in the
Draft Local Plan's preparation and represents the second round of
public consultation. As such, the Draft Local Plan will be a
material consideration in the Council's determination of planning
applications (although at the date of resolution to grant the
Planning Consents the Draft Local Plan was not sufficiently
advanced to have any significant weight).
7.21
The Draft Local Plan contains site specific policies relating to
Southgate and allocates the Order Land for a comprehensive
mixed-used scheme including the provision of retail, housing and
fully integrated transport facilities. The relevant draft policies
relating to transport, shopping, design, housing and the protection
of the historic environment largely reflect and in some cases build
upon those contained in the adopted Bath Local Plan. As such, the
Scheme accords with the emerging local plan policies and will make
an important contribution to meeting local plan objectives.
Summary
7.22
The Council will bring evidence to the Public Inquiry that the
Scheme, for which the Order is required, is in accordance with
national, strategic and local planning policies.
8. SECURING
IMPLEMENTATION
8.1
The Council and CGNU are close to finalising a building agreement
(the "Building Agreement") under which CGNU (or a unit trust or
other entity controlled by CGNU) (the “Developer”) will undertake
the development of the Order Land in accordance with the Scheme. It
is the intention of the Council and CGNU to enter into the Building
Agreement prior to the commencement of the Public Inquiry.
8.2
The Building Agreement and the development arrangements contain a
number of conditions precedent which are usual to developments of
this nature.
8.3
Once the Building Agreement has been entered into and the
conditions precedent satisfied (including confirmed
compulsory purchase and road closure orders), it is envisaged that
the implementation of the Scheme will be undertaken in stages over
a period of 54 months until the shopping centre is entirely
complete and trading. The initial stages will involve the
relocation of the bus station to ensure full continuity of public
transport throughout the redevelopment period. Disruption to
the existing car parking provision will be minimised so far as
possible. The existing Southgate Centre will be vacated and
closed in stages and the new shopping centre will be opened in
phases.
8.4
A new lease for a term of 250 years will be granted to the
Developer following completion of the Scheme in accordance with the
Building Agreement.
8.5
The Developer will be obliged to secure lettings of the units in
the completed Scheme as soon as practicable in accordance with a
letting strategy to be agreed with the Council.
9. HUMAN RIGHTS
CONSIDERATIONS and OTHER special CONSIDERATIONS
Human Rights
9.1
The Council will demonstrate that it has considered fully the
effect of the Human Rights Act 1998 in relation to the Order and
that it is satisfied that where infringement may occur such
infringement is justified in the public interest.
9.2
Section 6 of the Human Rights Act 1998 prohibits public authorities
from acting in a way which is incompatible with the European
Convention on Human Rights. Various convention rights are
likely to be relevant to the Order, including:
·
Entitlement to a fair and public hearing in the determination of a
person's civil and political rights (Convention Article 6).
This includes property rights and can include opportunities to be
heard in the consultation process. The relevant part of Article 6
is set out below:
1. In the determination of
his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal
established by law. Judgement shall be pronounced publicly by the
press and public may be excluded from all or part of the trial in
the interest of morals, public order or national security in a
democratic society, where the interests of juveniles or the
protection of the private life of the parties so require, or the
extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of
justice.
·
Rights to respect for private and family life and home (Convention
Article 8). Such rights may be restricted if the infringement is
legitimate and fair and proportionate in the public interest. The
full text of Article 8 is set out below:
1. Everyone has the right to
respect for his private and f
