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Outline Planning Permission

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Outline Planning Permission COMMITTEE DATE: 21/05/2003 APPLICATION No. 02/02419/C DATE RECEIVED: 31/10/2002 ED: CATHAYS APP: TYPE: Outline Planning Permission APPLICANT: Land Securities & Capital Shopping Centres plc - The St David's Partnership LOCATION: Redevelopment, Land bounded by Queen Street, The Hayes and Morgan Street, Cathays/Adamsdown, Cardiff PROPOSAL: REDEVELOPMENT INCLUDING DEMOLITION WORKS TO PROVIDE MIXED-USE DEVELOPMENT ___________________________________________________________________ RECOMMENDATION 1: The decision notice records that the Council is satisfied that the Environment Statement contains sufficient information and has taken account of the Environmental Statement and accompanying information in making its decision on application 02/2419C. RECOMMENDATION 2: That the application be referred to the National Assembly for Wales under the Town and Country Planning (Shopping Direction) (England & Wales) no. 2. Direction 1993 and the Town and Country Planning (Development Plans and Consultation) Departures) Directions 1999 and be advised of the Council's intention to grant outline planning permission. RECOMMENDATION 3: Provided that the National Assembly for Wales does not wish to intervene in the determination of the application (02/2419C) and subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in section 9 of this report, outline planning permission be granted subject to the following conditions: 1. Standard Outline 1a Approval of the details of the siting, design and external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 1b Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. 1 1c Application for approval of the reserved matters may be submitted on a phased basis and shall be made to the Local Planning Authority before the expiration of five years from the date of this permission. 1d The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later. Reasons: In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995 in accordance with the provisions of Section 92 of the Town and Country Planning Act 1990. 2. The external walls and roofs of any building shall be constructed and finished in accordance with a schedule of materials and finishes which shall be submitted to and approved by the Local Planning Authority prior to the commencement of development of the relevant phase. Reason: To ensure that the finished appearance of the development is in keeping with existing buildings in the area. 3. No development shall take place of the 'relevant phase' until plans showing details of the proposed floor levels of any building in relation to the existing ground level and the finished levels of the site shall be submitted to and approved in writing by the local planning authority. The development shall be constructed and completed in accordance with the approved details. Reason: These details are not included with the application and are required to ensure an orderly form of development. 4. C2N Drainage details 5. No development of the relevant phase shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles. 6. No development shall take place until details of access and facilities for disabled persons, including disabled parking, lift, ramp / level access and WC's of the respective phase, have been submitted to and approved in writing by the local planning authority; the development phase shall not be brought into use until the approved scheme has been completed. Reason: To ensure adequate facilities are available for disabled persons. 2 7. The consent relates to the application as amended by the revised plans received on 25 April 2003, 20 May 2003 and 21 May 2003 attached to and forming part of this planning application including plan ref: 010001- B-028G, HED\B\002 Rev.L, 010001-B-173 B, D101318\004 1 to 4 and D101318\004-B. Reason: The plans amend and form part of the application. 8. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 25 April 2003, 16 May 2003 and 20 May 2003. Reason: The information provided forms part of the application. 9. No part of the relevant phase of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases include landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced. 10. No part of the relevant phase of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable, which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced. 11. Unless otherwise agreed with the Local Planning Authority in writing, details submitted in pursuance of condition 1 shall accord with the Master Plan Principles and Master Plan dated 20 May 2003 or such other Master Plan as may be agreed. Reason: To secure an orderly form of development and provide for a satisfactory urban design and appearance. 3 12. The disposition of uses for the application site shall accord with the details submitted within the application and the Master Plan principles and plan dated 20 May 2003 or such other Master Plan principles as agreed with the Local Planning Authority in writing. Reason: To secure a mix of uses consistent with the Master Plan principles and in the interests of urban design. 13. The gross lettable floor space hereby consented shall not exceed 163,220m² of which the specific Use Classes shall not exceed, unless otherwise agreed with the Local Planning Authority in writing, the following maximum figures: (i) Class A1 - 84,950m² (of which there is no more than 40,419m² net floor space for additional comparison goods) (ii) Class A3 - 3,250m² (iii) Class B1 - 54,000m² (iv) Class C1 - 17,000m² (v) Class C3 - 73,400m² (vi) Class D1 - 2,350m² Reason: To ensure the development accords with the submitted plans and environmental assessment. 14. Insofar as the permission relates to Class A3 Uses all fumes from the food preparation area(s) shall be mechanically extracted to a point agreed with the Local Planning Authority. The extraction system shall be provided with a deodorising filter; all fans and pumps shall be so mounted and installed so as not to give rise to any noise nuisance. Details of the above equipment shall be submitted to and approved by the Local Planning Authority and the equipment installed prior to the use for the cooking of food commencing. The equipment shall thereafter be maintained to the satisfaction of the Local Planning Authority in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the local planning authority in writing. Reason: To ensure that the amenities of adjoining and nearby occupiers are not prejudiced. 15. Prior to the commencement of development, a waste management strategy for the development including the construction period shall be submitted to and agreed with the Local Planning Authority and shall include for details of refuse storage, separate storage and collection of waste for reuse and recycling within the respective building. Thereafter the approved strategy shall be implemented prior to beneficial use and operated in accordance with the agreed details. Reason: To provide for satisfactory facilities for refuse storage, reuse and recycling of waste and safeguard the amenity of the area. 16. No shutter or grill shall be placed in front of or within 1 metre behind the ground floor window of any building fronting a highway or a public realm without the prior consent of the Local Planning Authority.
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