North Area Committee 4th February 2010

Application 09/02484/FUL & 09/02485/CAC Numbers:

Decision Due by: 3rd March 2010

Proposal: 09/02484/FUL -Retention and refurbishment of facade to 123-125 Walton Street along with erection of 3-storey rear extension plus basement. Erection of 3-storey building including basement and part roof storey to replace 126-127 Walton Street and 32-32a Little Clarendon Street. Provision of 36 Student rooms and shared facilities across the upper floors. Provision of 3 new shop fronts to 123-125 Walton Street and provision of replacement retail units on ground floor to 126-127 Walton Street and 32-32a Little Clarendon Street. 09/02485/CAC-Demolition of 126-127 Walton Street and 32- 32a Little Clarendon Street. Part Demolition to the rear of 123-125 Walton Street.

Site Address: 123 To 127 Walton Street And 32 And 32A Little Clarendon Street. (Appendix 1)

Ward: North Ward

Agent: Kemp And Kemp Property Applicant: Shirehall Properties Ltd Consultants

Recommendation: i) North Area Committee are recommended to refuse both the applications for Planning Permission and Conservation Area Consent, for the following reasons:

09/02485/CAC.

1. 123 -125 and 127 Walton Street ,on a prominent corner site, serve as a reminder of the development of this suburb and through their qualities of age, form, style, materials and detailing individually and as a part of a group make a positive contribution to the special interest of the conservation area. Their loss would adversely affect the character and appearance of the conservation area contrary to national advice, and guidance in PPG15 .

2. Taking into account the contribution these buildings make to the character and appearance of the conservation area and having regard to the condition of the building and the merits of alternative proposals for the site the Council

REPORT considers that demolition is not justified and the proposal is contrary to National advice and guidance in PPG15.

09/02484/FUL

1. The proposed building would result in the loss of existing buildings that contribute to the character and appearance of the conservation area and because of its scale, height , form, external appearance and use of materials and relationship to nearby properties would harm the character and appearance of the conservation area. As such the proposal would be contrary to policies CP1, CP7, CP8 and HE7 Oxford Local Plan 2001-2016.

2. The development proposes the loss of residential accommodation which would be contrary to Policy HS10 of the adopted Oxford Local Plan 2001- 2016.

Main Local Plan Policies:

Oxford Local Plan 2001-2016

CP1 - Development Proposals CP2 - Planning Obligations CP3 - Limiting the Need to Travel CP5 - Mixed-Use Developments CP6 - Efficient Use of Land & Density CP7 - Urban Design CP8 - Design Develpmt to Relate to its Context CP9 - Creating Successful New Places CP10 - Siting Develpmnt to Meet Functionl Needs CP11 - Landscape Design CP12 - Designing out Crime CP13 - Accessibility CP15 - Energy Efficiency TR3 - Car Parking Standards TR4 - Pedestrian & Cycle Facilities NE10 - Sustainable Drainage NE14 - Water and Sewerage Infrastructure NE15 - Loss of Trees and Hedgerows HE2 - Archaeology HE7 - Conservation Areas HS14 - Speculative Student Accommodation HS19 - Privacy & Amenity HS20 - Local Residential Environment RC6 - Street Specific Controls RC13 - Shop Fronts

Core Strategy – Proposed Changes

CSP18 - Infrastructure & Developer contributions

REPORT CSP14 - Supporting access to new development CSP32 - Retail CSP19 - Urban design townscape char & hist env CSP20 - Community safety CSP10 - Energy & natural resources CSP24 - Mix of housing CSP26 - Student accommodation

Other Material Considerations: This application is in or affecting the Central Conservation Area.

Planning Policy Guidance Note 15: Planning and the Historic Environment Planning Policy Statement 1: Delivering Sustainable Development

Relevant Site History:

123 Walton Street. 50/01024/A_H-Alterations (Approved). 70/23002/A_H-Change of use from poodle parlour to coffee house (Approved) 72/25342/A_H-New shop front (Approved)

124 Walton Street. 63/14103/A_H-Alterations (Approved) 64/14931/A_H-Change of use of 1st and 2nd floors from residential to offices (Refused). 68/20325/A_H-Alterations to existing shop front (Refused) 74/00560/A_H-Change of use of ground floor from opticians to restaurant and alterations on first floor to provide cloakroom and kitchen (Refused) 74/00578/A_H-Change of use from opticians on the ground floor to retail use (Approved). 74/01159/A_H-Alterations to existing shop front (Approved) 83/00439/NFH-Change of use of ground floor and basement from retail shop to restaurant including new shop front. New stairs to rear basement and single storey and external flue. (Approved). 87/01030/VH-Change of use of ground floor & basement to restaurant without compliance with condition 3(a) & (b) of NFH/439/83 (restricting the use to the proprietor Mr F. Lee while in residence & to revert to retail use otherwise. (Approved). 90/00399/NFH-Single Storey rear extension (Approved).

125 Walton Street. 60/08949/A_H-Change of use of 1st and 2nd floor from residential to a showroom and offices (Approved). 61/10384/A_H -New shop front (Approved).

126 Walton Street. No planning history records available.

127 Walton Street. 60/09300/A_H-Extension to lavatory at the rear. (Approved) 60/09136/A_H-Change of use from shop and showrooms to launderette to offices

REPORT with storage accommodation. (Approved) 78/00392/A_H-Change of use from launderette to restaurant. (Approved) 78/00926/A_H-Change of use of ground floor from launderette to retail shop (Approved). 82/00726/NFH-New shop window fronting Little Clarendon Street (Approved)

32 Little Clarendon Street. 58/06604/A_H- Demolition and rebuilding to provide three shops and form flats over (28-32 Walton Street) (Approved). 69/20809/A_H-Demolition of 4 shops and erection of new building including 3 shops, 2 floors of office accommodation and 4 flats (28-32 Walton Street) (Approved).

Representations Received:

Thirty–two letters of representation have been received from the occupiers of the following addresses: 6 Linton Road; 8 (x2), 12, 14, 32 and 45 Richmond Road; Wynniatts Cottage, Worcester; 4, 5, 6 & 7 Walton Crescent; 17 Chalfont Road; 11 St Bernard’s Road; 12 Bath Street; Worcester College; 7 Montague Road; 27 Little Clarendon Street; 22 & 33 Walton Street; 93 Kingston Road; 28 Walton Lane; 27 Hart Street; 298 Westbourne Park, London; 50 Bowstoke Road, Birmingham; 31 Little Clarendon Street; 98 Marks Road, Romford, Essex; 63 Observatory Street; 3 Walton Manor Court, Adelaide Street; 34, 57 and 63 Plantation Road; 66 Blythe Vale, London;

Raising the following comments, objections and concerns:

• Object to the demolition of this mellow and characterful building, which is integral part of this historic area. Façade should be retained • Insufficient regard given to the historical and aesthetic quality of the area/ Application fails to address the possibilities of the site • Council should have a policy of discouraging University encroachments in this area. • Corner site has been deliberately allowed to crumble for many years presumably with future development of the site in mind. Building has been left empty since 1987. A mere fraction of the total redevelopment costs would restore the existing buildings/refurbishment would be more in keeping with the ambience of the area. • Design of new building is poor and heavy. • Overdevelopment and density which is compatible with the scale of Walton Street. • Concerns about noise, pollution and continuity of access during demolition and rebuilding operations. • Concern regarding increase in number of residents on the site, increase in traffic and demand for parking permits. • Additional 36 student rooms is totally unacceptable-the area is already overpopulated with students. Concern that the accommodation is not provided or maintained by a particular college. • Bringing corner plot back to use is welcomed, however feel that the proposed new building is not in keeping with it neighbours. • Support for the application in principle, however raise concern about the

REPORT potential continuous blocking of restricted parking spaces in Little Clarendon Street by contractors, suppliers and other vehicles involved in the work of redevelopment. • No objection to the conversion that has been proposed providing it doesn’t change the character of Jericho. • No objections raised but concern expressed regarding the proposed access way through to the existing yard where the occupiers of 31 Little Clarendon Street have an allocated parking space immediately to the rear and also to the proposed parking bays. Further details on the gates and number of parking bays are requested.

Statutory, Internal and other Consultees:

Oxfordshire County Council- comment that the development if implemented would impact upon County Services and Infrastructure. The County Council will accordingly wish to secure a legal agreement for appropriate financial contributions towards measures to mitigate the effects of this development before any planning permission is granted. The contributions required are as follows:

• £ 1,260 towards Oxford City’s library infrastructure and bookstock. • £100 for the purposes of administration and monitoring

Fire and Rescue ask that adequate provision be made for fire hydrants although the exact numbers and locations cannot be given until detailed plans showing the highway and the water main size and layout are provided. A planning condition should be imposed to require this.

Oxfordshire County Council Highways Authority- raise the following concerns relating to the application proposals that require resolving prior to a formal consultation response being submitted:

1) Further details are required relating to the design, structural calculations, materials and utility and service works required for the construction of the proposed light wells within the highway. 2) Details of the zebra crossing adjacent to the site on Walton Street must be shown on the submitted plans to show how the proposed light wells might affect it. 3) Although the proposed parking scheme is labeled as existing, it is inadequate. The Highway Authority deem the area as suitable for parking 6 vehicles along the far side of the proposed parking court with standard minimum dimensions of 2.4x4.8 metres. In addition, in order to provide adequate turning space in front of these spaces of a minimum of 6 metres, the three parallel park spaces planned opposite must be removed. 4) Details of the drainage system proposed for the parking court must be provided. 5) Cycle parking must be shown as secure and covered. Also, the location is not ideal as it is at the furthest point away from the entrance to the student accommodation.

REPORT 6) Refuse collection vehicles must be able to reach within 25 metres of all bin collection points in accordance with Oxfordshire County Council Residential Roads Design Guide. 7) A Construction Travel Plan must be provided.

Developer contributions of £138 per student bedroom (x 36 rooms= £4968) (index linked) would also be required towards improvements to cycle safety measures in the area.

Thames Valley Police- raise no objections, however they do comment on opportunities that could be taken to reduce crime, the fear of crime and to promote community safety. The position of the gated entrance to the secure rear yard leaves the students accessing their accommodation vulnerable. If they choose to leave bicycles in the secured rear yard they have to move from insecure semi-public space to the secure private space and back into the insecure semi private space not protected by the gates to access their living accommodation. It is recommended that consideration is given to relocating the secured gates so that the student accommodation entrance door is behind them.

Thames Water Utilities Limited- comment that with regard to sewerage and water infrastructure they do not raise any objections to the development.

Environment Agency Thames Region- assess the application as having a low environmental risk. They do however advise the applicant and Local Planning Authority that dewatering will be required during the construction of the basement, which may cause lower groundwater levels locally and may derogate nearby domestic and licensed groundwater sources.

Oxford Civic Society- comment emphatically that the building should not be demolished as it is a land-mark building of historical interest. Its demolition and replacement by any modern building would be a grave loss to the character of this part of the Conservation Area. Small infillings could be allowed but only if in keeping with existing and of brick along with tactful restoration and reuse of old buildings.

Oxford Preservation Trust- wish to strongly object to the application. They feel that the loss of the building which is of significant local interest in an important location would have a detrimental impact on the character of the Central Conservation Area. The materials are considered insufficient as they don’t provide an objective assessment of the site and its context or an adequate case for demolition. Arguments regarding the demolition of the building misreads the site and its context and is insufficient. The site lies in an important location and the building relates well its location. Its role in the local community has been recently illustrated by the installation of a mural on the disused shop front, celebrating the diversity of Jericho’s local businesses and the Oxford canal. Arguments that repairs would be uneconomic and unrealistic are not considered sufficient for the demolition of a building in a conservation area.

Oxford Architectural And Historic Society Victorian Group- object in the strongest terms to the demolition of 127 Walton Street and consider that the justification is based on a misinterpretation of the documentary and structural evidence. It is

REPORT considered that the existing building makes a positive contribution to the historic environment which is the essence of the conservation area; however the proposed new building does not make a positive contribution to the Conservation Area. It is alien in design and materials and far from being an improvement will diminish the importance of this part of the streetscape and signal to future developers that they can demolish the surrounding buildings. A specific objection to the proposal relates to the loss of 127 Walton Street with its early advertising panels. The building is earlier than the applicants suggest and has a very similar degree of historic interest as the locally listed terrace on the other side of Walton Street. The survival of the advertisements is very important and they are in remarkably good condition and to move them to an unspecified location out of context is very much a last resort.

St John Street Area Residents’ Association- strongly opposes the replacement of the existing buildings with the proposed development which is opportunistic and far too large; in particular a 4 storey building (higher than the roof ridge of 123-125 Walton Street) which is too high for this corner of Jericho. The elevations are brutal and quite out of character with the neighbouring buildings on both sides of Walton Street. Some replacement for 126 Walton Street is certainly needed by should be in keeping with 127 Walton Street which could itself be refurbished or replaced with something appropriate in scale and style to the pleasant largely brick buildings of that part of Walton Street. Any extensions behind 123-125 Walton Street should be at most 3 storeys and should be appropriate in character to the rear aspect of those houses.

Jericho Community Association- wish to object to the applications. The existing buildings are of major local importance. Whilst it is accepted that the building is in poor condition this does not constitute a valid reason for demolition in particular its location within the Central Conservation Area. The association urges that the existing building is retained and repaired. The proposed replacement building lacks any character and fails to exploit the possibilities of the site. Objection is also made in relation to the proposed inclusion of 36 student bedrooms, which is not the type of accommodation the association wishes to see developed as it dilutes the residential population mix of Greater Jericho. The association would wish to see larger units provided which would be capable of hosting family units. In the event of the application being approved the association would urge that conditions are attached which retain and incorporate the existing advertisements for tea and coffee to be preserved and incorporated into any new building and that the applicants locate an alternative location and finance the removal of the Jericho Mural to that site.

Jericho Living Heritage Trust- object to the demolition of the Lumley’s building and suggest that the building is older than the applicants would claim; that the advertisements are of the 19th Century rather than of the early 20th century. The run- down appearance of the building cannot be blamed on the buildings themselves but by a lack of upkeep by owners. The proposed replacement building is unsuitable if one has a bigger picture for Jericho.

Site Description:

1. The application proposes the redevelopment of 123-127 Walton Street and 32 Little Clarendon Street, which are situated in Jericho a short distance to the north of Oxford City centre.

REPORT

2. The existing buildings on the site date from the mid to late 19th and 20th centuries. To the rear of the buildings there is a small enclosed yard; none of the properties have gardens.

3. All retail units are currently occupied with the exception of 127 Walton Street which has been unoccupied for the last 10 years. The residential accommodation above 127 Walton Street has also been unoccupied for a similar period of time. The applicant states that the residential accommodation has for many years been used as student accommodation.

4. 123-125 Walton Street comprise a range of three yellow brick gable fronted buildings, with retail on the ground floor (Presently occupied by Uddins Manzil restaurant at 123, The Big Bang restaurant at 124 and Liscious Boutique at 125). Residential units are on the upper floors of 123 and 124 (both 4 bed units), with the upper floors of 125 being used as offices/storerooms. These three properties all have basements which are used for kitchens/restaurants/wc’s and storage associated with the retail use on the ground floor.

5. 126 Walton Street is a 2 storey shop (previously occupied by ‘Casa Rose’ now a The Last Bookshop) infill unit in plain fletton brick with a rear extension. This unit comprises a retail unit on the ground floor with residential (32a Little Clarendon Street) to the rear and above (4 bed).

6. 127 Walton Street is a red brick, 3 storey building situated on the corner of Walton Street and Little Clarendon Street. It is basically ‘L’ shaped in plan area with vacant retail use at ground floor and residential above (4 bed?).

7. 32 Little Clarendon Street is currently a small single storey shop unit (currently operating as a Barbers) with a timber shop front, central door and hipped slate roof.

8. Little Clarendon Street has its origins possibly in the C17th, and is shown existing on late C18th historic maps. Walton Street is a historic route north out of Oxford. The application site is on the corner of the two streets and lies within the Central (City and University) Conservation area.

9. Walton Street is a long street with residential, commercial and institutional buildings all playing a role in defining its character and appearance. The street has undergone some changes but overall the street has retained its historical integrity and identity. The palette of building materials includes render, stone, brick, tile and slate and relate to building forms, scale and function. Little Clarendon Street has undergone more significant changes with large scale institutional buildings replacing the former domestic scaled properties on both sides of the street. However, the street pattern is still largely recognisable and a number of the earlier buildings still survive that allow understanding of the streets earlier origins. The street is predominantly retail interspersed with University and College buildings.

REPORT 10. The applicant has chosen to retain the front part of one range of buildings but to demolish the remainder, replacing them with a new building that attaches to the back of the retained range. The existing buildings provide evidence of the development of the suburb, use materials that are evident in the area and have a scale that is similar to other domestic and retail properties in the area. Their appearance shares qualities with other buildings in the area (shop with accommodation over). The site is prominent in views and plays an important visual and historic role on the corner at the junction of the two streets. Comments received on these proposals indicate that the buildings hold a community value – a reminder of and a rare survival of the past, a local and recognisable landmark in the street scene. It is part of a familiar and cherished local scene.

Proposed Development:

11. It is proposed to retain and refurbish the façade of 123-125 Walton Street, but demolish the rear portions of 123-125 Walton Street, and erect a 3 storey rear extension plus basement. It is proposed to demolish 126 Walton Street, the corner building of 127 Walton Street, 32 and 32a Little Clarendon Street, and replace with a new 3 storey building, plus basement and part roof storey.

12. The development would seek to retain five ground floor retail units across Walton and Little Clarendon Street and create the sixth retail unit in the basement of the new development, accessed via a spiral staircase from Little Clarendon Street. It is intended that 60% of these would be in A1 (retail) use and 40 % being reserved for A3 (restaurant and café use). The upper floors are proposed for student accommodation creating a total of 36 rooms.

13. It is proposed to use an ashlar stone material in the construction of the development in a pale yellow shade that reflects the importance of stone in other buildings in Walton Street. At Little Clarendon Street, the stone elevation would return into the end of the higher rear block and at this point the material of the building is proposed to change to a terracotta coloured render to relate to the adjoining red brick buildings of 25-31 Little Clarendon Street.

14. The retained frontage to 123-125 Walton Street proposes new contemporary shop fronts similar those further up Walton Street.

15. No soft landscaping is proposed, however the applicant intends that the occupier of the student accommodation could adopt some containerised planting to the third floor terrace area. A new paved courtyard area would be created between the site and 31-28 Little Clarendon Street which would form an entrance to the basement unit 6, the student accommodation and the rear service yard which would also house bicycle parking spaces for each room, with suitable locking facilities.

16. One parking space would be provided for persons with disabilities in the rear yard. No other car parking is proposed.

REPORT 17. The building is proposed to be provided with nesting boxes under the eaves to the rear yard, and provision would also be made for under eaves bat roosting ledges.

Determining Issues:

• Principle of development • Demolition and Impact on character and appearance of Conservation Area. • Highways • Archaeology • Trees • Accessibility • Contamination • Sustainability

Officers Assessment:

Principle of development.

18. In terms of uses gained and lost, the development proposes the retention of 6 commercial units on the ground floor, and the change of use of upper floors from residential/offices to student accommodation.

19. Presently 67% of the ground floor retail units are in A1 use and remaining 33% in A3 use. This development proposes 60% of the units to be in A1 use and 40% in A3 use. It is not considered that these slight changes would have a detrimental impact upon the retail character and vibrancy of the area, with regard to retail policy.

20. The existing plans submitted with the application indicate that the upper floors of 123 and 124 Walton Street, 126 Walton Street/32a Little Clarendon Street and 127 Walton Street are in residential use, most recently having been occupied by students. It is clear that the first and second floor of 125 Walton Street are used as offices.

21. The applicant states that some of the properties are used in their entirety by the occupiers of the retail units below, or have previously, or are currently used as HMO’s (Houses of Multiple Occupation). However, no planning records exist for these units to formerly be used as HMO’s. Therefore it is considered that the application proposes a change of use from C3 (residential use) to Sui Generis (speculative student accommodation). Policy HS10 states that planning permission will not be granted for any development which results in the net loss of one or more self contained dwellings.

22. Policy HS14 refers to speculative student accommodation. Planning permission will only be granted for speculative developments involving purpose built accommodation for students where; occupancy restrictions or other arrangements are secured to ensure the accommodation is only available to those in full time education; appropriate management controls are secured, including an undertaking that students do not bring cars into Oxford;

REPORT the development would not have an unacceptable impact upon the amenities of local residents; and it provides accommodation for students of the University of Oxford or Oxford Brookes University.

23. The application does not contain any information as to which organisation is going to use the student accommodation.

Demolition and Impact on character and appearance of Conservation Area.

24. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that local planning authorities have special regard to the preservation or enhancement of the character or appearance of conservation areas when considering development proposals. This objective is set out in Policy HE7 and Policy CP1 of the adopted Oxford Local Plan. If any development conflicts with the objective of preservation then there will be a presumption against the grant of planning permission.

25. In exercising conservation area controls the City Council is required to pay special regard to the desirability of preserving or enhancing the character or appearance of the area in question. This should be a prime consideration in determining an application for conservation area consent. The general presumption should be in favour of retaining buildings which make a positive contribution (something more than a little or no contribution) to the character or appearance of the conservation area. Where a building makes little or no contribution consent can be given for demolition provided that there are acceptable and detailed plans for any redevelopment.

26. These proposals were subject to pre-application discussions with officers and the advice given at a very early stage was that the existing buildings make a positive contribution (and more than a little) to the character and appearance of the conservation area. Because of the condition of the buildings and the applicant’s concerns about the viability of repair and re-use, officers obtained independent advice from a structural engineer and quantity surveyor, whose reports concluded that the buildings were not beyond economic repair.

27. None of the evidence submitted with the application demands a change to that initial advice and officers remain of the view that the buildings make a contribution. The application contains no information that justifies overriding the harm that would be caused by demolition such that if permitted would run counter to national advice and guidance on the management of the historic environment.

28. In terms of the proposed replacement development, Paragraph 2.14 of PPG 15 advises that new buildings intended to stand alongside historic buildings need very careful consideration and should be designed to respect their setting, following fundamental architectural principles of scale, height, massing and alignment, and use appropriate materials.

29. The applicant explains that the proposed replacement building has been designed to respect its context and there is evidence of this analysis showing

REPORT through in the design. However, the overall height of the proposed new building, the scale of the individual elements (shopfront, window openings) does not relate well with the height, scale and proportion of the historic buildings in the street and appears to have more in common with the C20th buildings in the street (which in most respects have been harmful to the character and appearance). There is also a much finer grain to the appearance of buildings in this part of the conservation area derived from the detailing of individual elements and the palette of materials and textures that is not reflected, or respected in the proposed new building such that officers consider its impact will be harmful to the character and appearance of the conservation area.

30. In addition the proposed new building involves the demolition of 127 Walton Street, which officers have already concluded would be harmful to the character and appearance of the conservation area. Any public benefits of redevelopment would not mitigate the conservation harm of demolition.

31. The proposed alterations to the shopfronts of the retained buildings result in a design that appears unrelated to the upper floors and undermines the contribution the buildings make to the character and appearance of the street.

Highways.

32. Whilst the County Highways Authority have expressed concern about a number of elements of the scheme, these are matters that could be addressed by revised details or conditions, if the principle of redevelopment were supported by committee.

Archaeology.

33. This site is of interest because it lies within the post medieval historic core of Oxford. Based on the available map evidence this plot appears to have been built on from at least the 18th century. The site also lies 140m from extensive prehistoric and Saxon remains identified at the Radcliffe Infirmary site.

34. PPG16 states that the desirability of preserving important archaeological remains is a material planning consideration and that, where physical preservation is not feasible, planning authorities need to satisfy themselves that the developer has made appropriate and satisfactory arrangements for their excavation, recording and subsequent publication. This advice is reflected in the Oxford Local Plan Policy HE2. In this case, subject to the advice of the Conservation Officer regarding the appropriateness of the scheme and bearing in mind the extent of the existing cellars and the likely associated ground disturbance, a condition would need to be imposed on any consent which requires an archaeological investigation to take place in the form of a watching brief during groundworks. The work should undertaken by a professionally qualified archaeologist. This is because the development may have a damaging effect on known or suspected elements of the historic environment of the people of Oxford and their visitors including potentially prehistoric, medieval and post medieval remains.

REPORT

Trees.

35. There is a mature sycamore tree in the north east corner of the site. The proposals include provision of new cycle and bin stores within the root protection area of this tree. Construction within the RPA of the tree should include precautions that avoid or at least minimise any risk of damage to the roots of the tree i.e. no excavation. If planning permission were to be granted it should be conditional upon details of any excavations being submitted for approval before construction starts.

Accessibilty.

36. Concern has been expressed regarding wheelchair access within the proposed development and the provision of facilities for people with disabilities.

Contamination.

37. It is suspected that the site and/or nearby land and water may be contaminated as a result of former industrial or other use. Therefore it is recommended that a condition be imposed on any permission which requires a phased risk assessment to be undertaken prior to commencement of development.

Sustainability.

38. The proposed development falls below the size threshold of 2000m2 where a formally submitted Natural Resource Impact Analysis is required. Nevertheless, in accordance with the aims of policy CP15 of the Oxford Local Plan, the site is located in a sustainable location close to shops and facilities and a short walk from the city centre.

39. The construction of the building proposes high thermal mass, and green roofs planted with a natural covering of sedum. Walkways on the roof would also provide access to solar water heating plant.

Other matters.

40. In accordance with policy CP2 of the Local Plan and the supporting Planning Obligations Supplementary Planning Document, the development would be required to make contributions towards necessary social and environmental infrastructure to mitigate the impact of the development. Were the development to be considered acceptable, contributions would be required towards Indoor Sport ( £60 per room = £2160), in addition to those contributions already requested by the County Council in respect of Libraries and improvements to cycle safety.

REPORT Conclusion:

The application contains no information that justifies overriding the harm that would be caused by demolition of the existing buildings at the site, as required by national advice and guidance on the management of the historic environment.

It is considered that the existing building does indeed make a positive contribution to the character and appearance of the conservation area, and therefore there is a presumption in favour of retention. This conclusion has not changed from the advice given at pre-application stage, which is further supported by an independent structural engineers advice that the buildings were not beyond repair.

Notwithstanding the fact that it is considered that the building should be retained, the replacement building is considered to be out of keeping with the character of the surrounding area by virtue of its height, scale and choice of materials.

The information presented in the planning application and in planning history for the site indicates that the upper floors of most of the properties have a residential use, even if they are not being used as such now. Therefore the redevelopment proposals involving a change of use from residential to speculative student accommodation is considered contrary to the requirements of policy HS10 of the Oxford Local Plan.

It is recommended that the application be refused for the reasons set out above.

Human Rights Act 1998

Officers have considered the implications of the Human Rights Act 1998 in reaching a recommendation to refuse this application. They consider that the interference with the human rights of the applicant under Article 8/Article 1 of Protocol 1 is justifiable and proportionate for the protection of the rights and freedom of others or the control of his/her property in this way is in accordance with the general interest.

Section 17 of the Crime and Disorder Act 1998

Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to refuse this application, officers consider that the proposal will not undermine crime prevention or the promotion of community safety.

Background Papers: 09/02484/FUL & 09/02485/CAC

Contact Officer: Amanda Rendell Extension: 2477 Date: 8th January 2010

REPORT

REPORT