COMMITTEE DATE: 30/04/2013

APPLICATION No. 12/1861/DCI APPLICATION DATE: 26/11/2012

ED: GRANGETOWN

APP: TYPE: Hybrid Application

APPLICANT: Helium Miracle 113 Limited LOCATION: LAND AT ISV AND THE CARDIFF ARENA ICE RINK, INTERNATIONAL DRIVE, GRANGETOWN, CARDIFF, CF11 0JL PROPOSAL: Hybrid Application comprising FULL DETAIL in respect of the demolition of existing temporary ice rink and erection of new Ice Arena and associated temporary car parking provision, access and servicing and OUTLINE WITH CONSIDERATION OF ACCESS ONLY in respect of indoor natural snow ski slope, A1 retail, A2 financial & professional services, A3 food and drink, B1 office, C3 residential, C1 hotel, D1 non-residential institution, and D2 assembly and leisure uses, access, parking (including a multi- storey car park), servicing, and landscaping ______

RECOMMENDATION 1: The decision notice records that the Council is satisfied that the Environment Statement dated 26th October 2012 and the Appendix to the Environmental Statement dated 27th March 2013 contains sufficient environmental information, and furthermore that all such environmental information has been taken into account in making its decision on application 12/1861/DCI.

RECOMMENDATION 2: That, subject to interested parties entering into a binding legal agreement under the provisions of SECTION 106 of the Town and Country Planning Act 1990 encompassing those matters referred to in Section 9 of this report, planning permission be GRANTED subject to the following conditions:

1. The development permitted in respect of the erection of new ice arena (as shown on dwg. no. GA(10)Z500K) and associated temporary car parking provision, access and servicing and associated public realm shall be begun before the expiration of five years from the date of this planning permission. Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1991.

2. A. Approval of the details of the siting, design and external appearance of the buildings, and the landscaping of the site (hereinafter called "the reserved matters") in respect of the indoor natural snow ski slope, A1 retail, A2 financial and professional services, A3 food and drink, B1 office, C3 residential, C1 hotel, D1 non-residential institution, and D2 assembly and leisure uses, access, parking (including a multi-storey car park), servicing and landscaping shall be obtained from the Local Planning Authority in writing before any development is commenced. B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of the buildings to be erected, and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. D. 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: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Procedure) Order 1995. B, C and D. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

3. Amended Plans: This consent relates to the application as amended by the revised plans attached to and forming part of the application and numbered as follows:

Detailed application (Phase 1 Ice Arena) • ARCH-MP-GA(10)Z500K CISV Red Line Plan • ARCH-ICE-PR (10)Z100E Ice Arena Site Plan Level 00 Phase 1 • ARCH-ICE-GA(10)Z100N Ice Arena Ground Floor Plan • ARCH-ICE-GA(10)Z101M Ice Arena First Floor Plan • ARCH-ICE-GA(10)Z102G Ice Arena Second Floor Plan • ARCH-ICE-GA(10)Z103D Ice Arena Third Floor Plan • ARCH-ICE-GA(10)Z104C Ice Arena Roof Plan • ARCH-ICE-SEC(12)Z100H Ice Arena Sections • ARCH-ICE-PR(11)Z100E Ice Arena Elevations • ARCH-ICE-PR(11)Z101E Ice Arena Elevations

Outline application (phase 2 & subsequent phases) • ARCH-MP-GA(10)Z500K CISV Red Line Plan • ARCH-MP-GA(10)Z100M CISV Level 00 Plan • ARCH-MP-GA(10)Z101L CISV Level 01 Plan • ARCH-MP-GA(10)Z102K CISV Level 02 Plan • ARCH-MP-GA(10)Z103H CISV Level 03 Plan • ARCH-MP-GA(10)Z201H CISV Level 01 Phasing Plan • ARCH-MP-GA(10)Z110F CIIA Temporary Parking Plan • ARCH-MP-PR(12)Z100E CISV Site Sections Sheet 1 • ARCH-MP-PR(12)Z101C CISV Site Sections Sheet 2 • ARCH-MP-PR(12)Z102A CISV Site Sections Sheet 3 • ARCH-MP-PR(10)Z100G CISV Level 00 Site Plan • ARCH-MP-PR(10)Z101G CISV Level 01 Site Plan • ARCH-MP-PR(10)Z102G CISV Roof Level Site Plan • 12-04-04B CISV Illustrative Landscape Masterplan

4. Additional information: The consent relates to the application as supplemented by the additional Information attached to and forming part of this application as follows: • Design and Access Statement rev. C (April 2013) • Supplementary Planning Information rev. D (March 2013) • 12-04-06 Ice Arena Plaza • ARCH--MP-PR(12)Z103 Area between leisure box and hotel • ARCH-MP-SK(10)Z107D Level 00 Alternative ramp access • ARCH-MP-SK(10)Z108E Level 01 Alternative ramp access • ARCH-MP-SK(10)Z110B Level 00 Alternative ramp access site plan • ARCH-MP-SK(10)Z111B Level 01 Alternative ramp access site plan • 12-04-CISV Roundabout concept • Transport Assessment Addendum (March 2013) • Independent Audit of TA (April 2013) • Environmental Statement Addendum (March 2013) • Additional Retail Impact Information (Feb 2013) • Planning Supporting Statement rev. A (April 2013)

5. Phasing plan: Prior to commencement of the works a phasing plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved phasing plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure an orderly form of development.

6. No class A1 retail or class A3 food and drink within phase 2 of the development shall be brought into beneficial use until the proposed multi-storey car park and snow / ski facility has been constructed. Reason: To ensure an orderly form of development and delivery of the main leisure facilities.

7. Samples of materials: For Phase 1 (Ice Arena) no development shall take place until samples of the principal external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory finished appearance to the development.

8. Architectural details: For Phase 1 (Ice Arena) no development shall take place until a scheme showing the architectural detailing of the principal elevations of the buildings has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development.

9. Site enclosure: For phase 1 (Ice Arena) no development shall take place until details of the means of site enclosure (temporary and/or permanent) have been submitted to and approved by the Local Planning Authority. The scheme shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected.

10. Public realm scheme (Phase 1): For Phase 1 (Ice Arena) no development shall take place until a detailed scheme of public realm treatment has been submitted to and approved by the Local Planning Authority. The scheme shall include cross sections, plans and spot levels at an appropriate scale, details of all materials and surface treatments, street furniture (including directional signage, external lighting), and key detail sections and plans of all main hard landscaping elements of the associated public realm (entrance plaza), and shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure a satisfactory finished appearance to the development and a safe environment for cyclists and pedestrians.

11. Public realm scheme (site): Prior to commencement of Phase 2 (Ice Arena) a detailed phased public realm strategy for the entire site shall be submitted to and approved in writing by the Local Planning Authority, including hard and soft landscaping, central plaza water feature, water safety measures, street furniture, temporary treatment of development sites pending construction works, and programme for implementation. The development shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity and public safety.

12. Public Art: Prior to the commencement of Phase 1 (Ice Arena)) details of a public art strategy for Phase 1, including a timetable for implementation of individual art commissions, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.

13. Siting and design (outline): The details submitted in discharge of condition 2 shall, unless otherwise agreed by the Local Planning Authority, accord with the indicative layout (including proposed uses) on dwg. numbers: • ARCH-MP-GA(10)Z100M CISV Level 00 Plan • ARCH-MP-GA(10)Z101L CISV Level 01 Plan • ARCH-MP-GA(10)Z102K CISV Level 02 Plan • ARCH-MP-GA(10)Z103H CISV Level 03 Plan • ARCH-MP-PR(12)Z100E CISV Site Sections Sheet 1 • ARCH-MP-PR(12)Z101C CISV Site Sections Sheet 2 • ARCH-MP-PR(12)Z102A CISV Site Sections Sheet 3 which form part of the application. Reason: To ensure an orderly form of development and acceptable standard of urban design.

14. External appearance (outline): The details submitted in discharge of condition 2 shall, unless otherwise agreed by the Local Planning Authority, accord with the Design and Access Statement revision C which provides indicative details of the design proposals, including external appearance and building materials, and forms part of the application. Reason: To ensure a satisfactory finished appearance to the development.

15. Restriction on placing of telecomms equipment: Notwithstanding the provision of Part 25 of the Town and Country Planning (GPDO) Order 1995 (or any Order amending, revoking or re-enacting that Order) no telecommunication antennae, dish or equipment shall be installed externally within the curtilage of the site without the prior written consent of the Local Planning Authority. Reason: In the interests of visual amenity.

16. Wind-tunnel testing: Prior to commencement of any phase of the development which includes buildings of a height in excess of 25m wind tunnel testing shall be carried out to determine the exact extent of the wind effect and to test various mitigation measures (previously agreed by the Local Planning Authority), and a scheme of mitigation submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. Reason: To ensure the comfort of pedestrians and the satisfactory appearance of the buildings and associated public realm.

17. Landscaping Design & Implementation Pro: For each phase of the development no equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason: To enable the Local Planning Authority, to determine that the proposals will maintain and improve the amenity of the area, and to monitor compliance.

18. Landscaping Implementation: For each phase of the development any trees, plants, or hedgerows which within a period of five years from the completion of the development of that phase die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain and improve the amenity of the area.

19. Prior to commencement of Phase 1 (Ice Arena) a noise model shall be submitted and agreed with the local planning authority to calculate, predict and specify the degree of sound reduction required to prevent noise break out from the fenestration, roof, building services and identified break out points. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

20. Prior to commencement of the Phase 1 (Ice Arena) works a scheme to mitigate noise breakout, based on the approved noise model, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall specify the sound reduction index and relevant details of the external building envelope. The scheme shall be implemented prior to beneficial occupation. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

21. Prior to commencement of Phase 2 a noise model for the D2 use (snow/ ski facility) shall be submitted and agreed with the local planning authority to calculate, predict and specify the degree of sound reduction required to prevent noise break out from the fenestration, roof, building services and identified break out points. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

22. Prior to commencement of Phase 2 and all subsequent phases a scheme shall be produced to calculate and specify the sound reduction index and detail of the fenestration and façade fabrication of the various built elements of that phase, including any required mechanical ventilation, to meet the demands of the predicted noise levels from the Ice Arena and from other proposed D2 uses on the site. The scheme shall be implemented in accordance with the approved details prior to beneficial occupation of that phase. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

23. Prior to commencement of development of those phases of the development that include dwellings a scheme of sound insulation works to the floor/ceiling and party wall structures between the commercial premises and the residential accommodation shall be submitted to and agreed in writing by the Local Planning Authority and implemented in accordance with the approved details prior to occupation of that phase. Reason: To ensure that the amenities of occupiers of the proposed development are protected.

24. Plant noise: Prior to commencement of Phase 2 and each of the subsequent phases a scheme of works shall be submitted to and approved in writing by the Local Planning Authority to ensure all noise generated from all building services does not exceed an acceptable LAr,Tr threshold rating level specified in 1/3 octave bands at the nearest noise sensitive receptor (to be equal to or less than the representative background noise level (LA90)). The scheme shall be implemented in accordance with the approved details prior to beneficial occupation of that phase. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

25. Amplified music and entertainment: For all phases of the development the following limits shall be applied to any amplified music and or entertainment noise: • Events occurring up until 23.00hrs should achieve a noise level (LAeq, 5min) 5dB or more below that of the representative background (LA90) noise level outside the nearest residential property. • Events occurring after or beyond 23.00hrs should achieve a noise level (LAeq, 5min) 10dB or more below that of the representative background (LA90) noise level outside the nearest residential property. • Both of the above are subject to a maximum limiting free field noise level of 30dBLAeq 5min outside dwellings. • For dwellings within the same building as the amplified music and entertainment noise a 20dBLAeq 5min limit shall apply. (i.e structureborne and vertical airborne sound transmission). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

26. Road Traffic Noise: Prior to the commencement of development of those phases of the development that include dwellings a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that all habitable rooms shall achieve an internal noise level which shall not exceed 40 dBA Leq 16 hour during the day and that all bedrooms achieve an internal noise level which shall not exceed 35 dBA Leq 8 hour, LAmax (fast) 45dB at night. The submitted scheme shall be informed by an appropriate acoustic BS:4142 survey, which shall be undertaken in consultation with the local planning authority. The submitted scheme shall ensure that any habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to a lower rate of between 10 and 17 litres per second against zero back pressure. No habitable room shall be occupied until any approved sound insulation and ventilation measures have been installed in each room ensuring the levels stipulated above are achieved. Reason: To ensure that the amenities of future occupiers are protected.

27. Opening hours: No member of the public shall be admitted to or allowed to remain on A3 food and drink and D2 assembly and leisure premises between the hours of midnight and 08:00 on any day, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the amenities of occupiers of other premises in the vicinity of the site are protected.

28. Delivery times: There shall be no arrival, departure, loading or unloading of delivery vehicles between the hours of 22.00 and 07:00. Reason: To ensure that the amenities of occupiers of other premises in the vicinity of the site are protected.

29. Kitchen extraction: The extraction of all fumes from the food preparation areas shall be mechanically extracted to a point to be agreed in writing by the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter. All equipment shall be so mounted and installed so as not to give rise to any noise nuisance; please see condition above regarding building services. Details of the above equipment including the chimney shall be submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained 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 occupiers of other premises in the vicinity are protected.

30. Cycle parking: No development shall take place until a scheme showing the phased provision in line with development for under cover and secure long stay/commuter/operational cycle parking and for visitor cycle parking has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. Reason: To ensure that adequate provision is made for the secure parking of cycles.

31. Loading and Parking: No development shall take place in connection with Phase 2 or any later phase of development until details of the service yard, multi storey car park and any other parking, including access to/egress from the public highway, have been submitted to and agreed in writing with the Local Planning Authority. Reason: To make provision for servicing and the parking of vehicles clear of the roads so as not to prejudice the safety and free flow of traffic.

32. Multi-storey Car Park Capacity: The multi-storey car park hereby permitted shall be designed to ‘Park Mark’ standard or its equivalent and is not to exceed a maximum capacity of 1,300 spaces, of which no more than 257 may be allocated to the following uses; retail 40 + 3 disabled, offices 74 + 4 disabled, Gallery 26 + 3 disabled and residential 107. No less that 65 disabled spaces are to be included within the 1,043 remaining (un-allocated) parking provision. Reason: To make appropriate provision for the parking of vehicles clear of the roads, so as not to prejudice the safety and free flow of traffic.

33. Car Park Management Plan: No part of Phase 2 or any later phase of development hereby permitted shall be occupied until a Car Park Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Car Park Management Plan shall set out the operation and use of the multi storey car park, including details of allocation of the spaces, time/user/length of stay/etc. and real time car park capacity information systems, that are acceptable to the Local Planning Authority. The Car Park Management Plan shall be implemented in accordance with the agreed details set out therein. Reason: To ensure the efficient use of the car park so as not to prejudice the safety and free flow of traffic.

34. Temporary Car Parking: The temporary car parking and manoeuvring areas, including access/egress, shall be laid out in accordance with the approved details and thereafter maintained until such time as permanent car parking facilities are implemented. For the avoidance of doubt, the temporary car parking hereby approved shall be taken out of use upon beneficial occupation of the permanent car parking. Reason: To make provision for the temporary parking of vehicles during construction clear of the roads so as not to prejudice the safety and free flow of traffic.

35. Travel Plan: No part of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall set out proposals and targets together with a timetable to limit or reduce the number of single occupancy car journeys to/from the site, and to promote travel by sustainable modes that are acceptable to the Local Planning Authority. The Travel Plan shall include the name and contact details of the person who will operate and coordinate the implementation of the plan on behalf of the Owner, and the plan shall be implemented in accordance with the timetable set out therein. Reports demonstrating progress in promoting sustainable transport measures shall be submitted annually on each anniversary of the date of the planning consent to the Chief Transportation Officer. Reason: To promote sustainable transport modes.

36. Event Management Plan: No part of the development hereby permitted shall be occupied until an Event Management Plan (EMP) has been submitted to and approved in writing by the Local Planning Authority. The EMP shall set out measures and proposals for the management of visitors (by whatever travel mode) to major sporting events that are acceptable to the Local Planning Authority. The EMP shall include the name and contact details of the person who will operate and coordinate the implementation of the plan on behalf of the Owner, and the plan shall be implemented in accordance with the agreed details set out therein. Reason: To make provision for the management of events, in the interest of highway safety, so as not to prejudice the safety and free flow of traffic.

37. Construction Management Plan: No part of the development hereby permitted shall be commenced until a scheme of construction management (including in the case of the Phase 1 Ice Arena the demolition works) has been submitted to and approved by the Local Planning Authority, to include details of development phasing, site hoardings, site access and wheel washing facilities, along with an appropriate noise survey detailing methods of noise control in accordance with BS 5228. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

38. Temporary Pedestrian and Cycle Path: No development shall take place until details of a temporary east-west pedestrian/cycle route connecting the existing board walk to the proposed main entrance plaza on Olympian Drive, and timetable for its provision have been submitted to and agreed in writing with the Local Planning Authority. The approved scheme shall be implemented in accordance with the agreed timetable, to the satisfaction of the Local Planning Authority and maintained until such time as the land is required for development. Reason: To make adequate provision for pedestrian and cycle access to the site and its facilities.

39. Highway Works: No development shall take place until the details of a scheme of environmental improvement works to the footways on International Drive, Olympian Drive and Empire Way, to include (but not limited to) relocation of existing bus stop facilities and provision of new pedestrian crossing facilities on Olympian Drive, and highway and environmental improvements to the roundabout at the junction of International Drive and Ferry Road, and a timetable for provision of the same, have been submitted to and agreed in writing with the Local Planning Authority. The approved scheme shall be implemented to the satisfaction of the Local Planning Authority in accordance with the agreed timetable. Reason: To provide for the comprehensive reinstatement and improvement of the adjacent public highway, in the interests of highway and pedestrian safety and visual amenity, and to facilitate access to the proposed development.

40. Bay Edge cycle/footway: No development shall take place until the details of a scheme of works to the bay edge cycle/footway, for the full extent of the site frontage, has been submitted to and agreed in writing with the Local Planning Authority. The agreed scheme to be implemented in 2 phases, the first prior to beneficial occupation of phase 1 of development, as far as it abuts phases 2 and 3, and the remainder prior to beneficial occupation of phase 3 of development, and thereafter retained and maintained for use by the public. Reason: To provide and maintain the bay edge cycle/footway for use by the public.

41. Floorspace limits: Unless otherwise agreed in writing by the Local Planning Authority the maximum floorspace (GIA) for the following uses shall be as follows: C1 Hotel uses 7,604 sqm; B1 Office uses 21,673 sqm; C3 residential uses 20,298 sqm; D1 Non-residential uses (Gallery) 4,576 sqm; D2 Assembly and Leisure uses 29,166 sqm. Reason: To ensure an orderly form of development.

42. Retail floorspace: The retail floorspace hereby permitted shall not exceed 17,754 sq m (GIA) of which: a) A maximum of 1,395 sq m which shall only be used for the sale of convenience goods and shall not be used for any other purpose including those set out in Class A1 of the Schedule for the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re-enacting that Order with or without modification. (For the avoidance of doubt, convenience goods shall be taken to mean: food, drink, tobacco, household cleaning materials, newspapers and magazines). b) A maximum of 5,667 sq m shall only be used for the sale of sports clothing, sportswear (including footwear) and sporting equipment and shall not be used for any other purpose including those set out in Class A1 of the Schedule for the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re- enacting that Order with or without modification. c) A maximum of 5,876 sq m shall only be used for purposes within Class A3 and shall not be used for any other purpose including those set out in Class A1 or A2 of the Schedule for the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re-enacting that Order with or without modification. d) A maximum of 4,816 sq m shall only be used for purposes within Class A1 or A2 not specified in Condition (a), (b) and (c) above. Reason: The implications of other uses or changes to the format of sales have not been tested in relation to this application and would need to be examined in accordance with the Council’s retail policy.

43. Land Contamination Risk Assessment: Prior to the commencement of the development an assessment of the nature and extent of contamination shall be submitted to and approved in writing by the Local Planning Authority. The report of the findings shall include a desk top study to identify all previous uses at the site and potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters; an intrusive investigation to assess the extent, scale and nature of contamination which may be present; an assessment of the potential risks, and an appraisal of remedial options and justification for the preferred remedial option(s). Reason: To ensure that information provided for the assessment of the risks from land contamination to the future users of the land, neighbouring land, controlled waters (including Severn Estuary SPA, SAC & RAMSAR site), property and ecological systems is sufficient to enable a proper assessment in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

44. Submission of Remediation Scheme and Verification Plan: Prior to the commencement of the development a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, controlled waters, buildings, other property and the natural and historical environment, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters (including Severn Estuary SPA, SAC & RAMSAR site), property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

45. Undertaking of Remediation and Issue of Verification Report: The remediation scheme as approved by the Local Planning Authority must be fully undertaken in accordance with its terms prior to the occupation of any part of the development unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Within 6 months of the completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters (including Severn Estuary SPA, SAC & RAMSAR site), property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

46. Post Remediation Monitoring Requirements: A monitoring scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 12 months (or another agreed timeframe), must be submitted to and approved by the Local Planning Authority, prior to the occupation of any approved building. Within 2 months of completion of the monitoring period a final report that demonstrates the effectiveness of the monitoring shall be submitted to the Local Planning Authority. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters (including Severn Estuary SPA, SAC & RAMSAR site), property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

47. Identification of Unsuspected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 2 days to the Local Planning Authority, all associated works must stop, and no further development shall take place unless otherwise agreed in writing until a scheme to deal with the contamination found has been approved. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme and verification plan must be prepared and submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be submitted to and approved in writing by the Local Planning Authority. The timescale for the above actions shall be agreed with the Local Planning Authority within 2 weeks of the discovery of any unsuspected contamination. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters (including Severn Estuary SPA, SAC & RAMSAR site), property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

48. Ground Gas Assessment: Prior to the commencement of any development works a scheme to investigate and monitor the site for the presence of gases being generated at the site or land adjoining thereto, including a plan of the area to be monitored, shall be submitted to the Local Planning Authority for its approval. Following completion of the approved monitoring scheme and prior to commencement of any development works, the proposed details of any appropriate gas protection measures which may be 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, including appropriate measures to ensure that the integrity of the existing gas and leachate cut off wall is not compromised by the development, shall be submitted to and approved in writing to the Local Planning Authority. All required gas protection measures shall be installed in accordance with the approved details and appropriately verified before occupation of any part of the development which has been permitted, and the approved protection measures shall be retained and maintained until such time as the Local Planning Authority agrees in writing that the measures are no longer required. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

49. Importation of Soils: Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes. Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

50. Importation of Aggregates: Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes. Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

51. Use of Site Won Material: Any site won material including soils, aggregates, recycled materials shall be assessed for chemical or other potential contaminants in accordance with a sampling scheme which shall be submitted to and approved in writing by the Local Planning Authority in advance of the reuse of site won materials. Only material which meets site specific target values approved by the Local Planning Authority shall be reused. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

52. Piling works: Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: In order to protect quality of groundwater and controlled waters (including Severn Estuary SPA, SAC & RAMSAR site).

53. Flooding: The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Consequences Assessment Report (FCA) submitted by ARUP (dated October 2012). Site levels shall be set no lower than 8.0m above Ordnance Datum (AOD). Reason: To reduce flood risk.

54. Drainage scheme: No development shall take place until comprehensive proposals showing how foul and surface water flows from the site will be dealt with have been submitted to and approved by the Local Planning Authority. The works shall be implemented in accordance with the approved details. Reason: To ensure an orderly form of development.

55. Oil and petrol separators: No development hereby permitted in connection with Phase 2 or any later phase of development shall be commenced until such time as a scheme to install oil and petrol separators has been submitted to and approved by the Local Planning Authority. The scheme shall be implemented as approved. Reason: To prevent pollution of the environment due to the number of car spaces.

56. Grease trap: For each phase no development shall take place until proposals showing the provision of a suitable grease trap to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents, have been submitted to and approved by the Local Planning Authority. Reason: To protect the integrity of the public sewerage system.

57. BREEAM Overall: The buildings hereby permitted shall be constructed to achieve a minimum ‘BREEAM’ overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

58. BREEAM Interim: Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

59. BREEAM Interim: Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

60. CfSH Overall: The dwellings hereby approved shall meet the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

61. CfSH Interim: Construction of the dwellings hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

62. CfSH final: Prior to occupation of the dwellings hereby permitted a Code for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwellings. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

63. Disabled Access: Prior to commencement of development of each phase a disabled access strategy providing details of access facilities for disabled persons shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved strategy is implemented. Reason: To ensure adequate facilities are available for disabled persons.

64. C7S Details of Refuse Storage

RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays.

RECOMMENDATION 4: The highway works and any other works to existing or proposed adopted public highway are to be subject to agreements under Section 278 and/or Section 38 of the Highways Act 1980 between the developer and Local Highway Authority.

RECOMMENDATION 5: The proximity of the proposed Ice Arena to the International Pool presents opportunities for making use of waste heat from the Ice Rink to heat the International Pool and future developments in the vicinity. It is recommended that prior to commencement of development a viability report exploring the potential for recycling the waste heat from the Ice Arena is submitted to the Local Planning Authority for consideration.

RECOMMENDATION 6: In the interests of ensuring consistent high quality design across the site a ‘design code’ (contents to be agreed with the Local Planning Authority but likely to be limited to materials palette and architectural exemplars for the different buildings) for Phase 2 and later phases of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the beneficial occupation of the Phase 1 Ice Arena.

RECOMMENDATION 7: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints; ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 A hybrid application for development of the International Sports Village (ISV) waterfront site comprising a detailed application for a new Ice Arena and outline application with consideration of access only for indoor natural snow ski slope, A1 retail, A2 financial and professional services, A3 food and drink, B1 office, C3 residential, C1 hotel, D1 non-residential institution, and D2 assembly and leisure uses.

1.2 Amended plans in relation to the level of the raised plinth, entrance arrangements for Ice Arena, and relationship with the existing Pool; design of entrance plaza; access arrangements, design of the ice arena; and indicative public realm/ landscaping strategy.

1.3 Additional supporting information has been received relating to the design of the main entrance plaza, site levels, and other elements of the scheme, reduced car parking numbers (from 1785 spaces to 1300 spaces), a reduction in A1 fashion retail (see below), and addenda to the Environment Statement, Retail Impact assessment and the Transport Assessment to take account of the amendments to the proposals.

1.4 In response to concerns over the quantum of fashion retail an amended retail breakdown was submitted. The key differences are as follows:- • The provision of a 1,395 sq m foodstore • A reduction in the amount of leisure and general retail (less 1839 sq m) • An increase in the amount of Class A3 cafes and restaurants. (1755 sq m)

1.5 Indicative uses and areas is as follows:

Use Area (GIA) sqm Class A1/A2/A3 retail, financial and professional services, 17,754 food and drink Class B1 offices 21,673 Class C1 hotels (total 175 bedrooms) 7,604 Class C3 residential (8 houses and 205 apartments) 20,298 Class D1 non-residential institutions (art gallery) 4,576 Class D2 assembly and leisure (ice arena, ski slope, 29,166 snow box, leisure box, art cinema, viewing platform) Total 101,071 Parking (MSCP 1300 spaces) 40,000 approx

1.6 The ISV is a significant mixed use development on a brownfield site in south Grangetown located between the River Ely and Cardiff Bay. Outline planning permission was granted in 2003 for leisure, retail, and housing uses followed by a number of revisions via S73 applications that sought to increase the retail, food and drink and residential uses on the site. It was resolved to grant planning permission subject to a legal agreement for a permanent ice arena on the site in 2011.

1.7 Planning permission has recently been granted for residential development at Cardiff Point immediately to the south of the site, and together with the proposals under consideration effectively establishes a masterplan for the wider ISV area. (NB The most recent approved masterplanning context for the area is the 2005 Carey Jones Masterplan which formed part of the 2005 outline consent that has now lapsed. The proposals are broadly in line with the principles established by the lapsed masterplan).

Detailed application – Ice Arena & associated public realm

1.8 Phase 1: Ice Arena: The Ice Arena has two ice pads – a larger one (60m x 30m) primarily for competition use and performances with a seating capacity of 3000 and a smaller one (54m x 27m) primarily for public use and training. Total floor area is 8,353 sqm.

1.9 The Ice Arena will replace the temporary ice rink which has been operating on a site 75m to the east of the application site since late 2006. The temporary ice arena has one ice pad and a seating capacity of 2,500. It will be demolished once the new arena is up and running.

1.10 Accommodation is arranged over two floors and includes on the ground floor changing facilities for competition and for the public, skate hire and fitting facilities, Cardiff Devil’s shop, and café/bar and viewing gallery overlooking the smaller ice pad. Both pads area accessed from the skate fitting area. At first floor there is additional café/bar/viewing gallery space, gym/ dance studio, hospitality suites, and access to the upper tiers of seating. The facility will be open to the public on a daily basis with a programme that will include open skating sessions. It will employ between 80 and 90 full-time employees.

1.11 The facility is sited immediately to the north of the International Pool with public entrance opposite the Pool entrance. It is accessed from a new main entrance plaza on Olympian Drive.

1.12 The arena is 82m x 83m and 15.5m tall and is of a similar height and scale to the International Pool. The arena fronts on to Olympian Drive. The ground floor level of the Ice Arena will be approximately the same as that of the Pool.

1.13 The main (public) entrance is set into a glazed façade and recessed underneath a highly sculptural projecting canopy. The players’ entrance is direct from Olympian Drive.

1.14 The form of the building is that of a faceted metal-clad box that is divided visually into 2 parts corresponding to the 2 ice rinks. The gently raked roofing is an extension of the angled walls and the effect is to create a series of planes that break up the bulk of the building.

1.15 The metal cladding starts dark in colour at the base of the building and gradually changes to silver at the top in the same way as the metal clad towers in the recently consented Cardiff Pointe development. The cladding on the NE elevation facing the Bay will take the form of a giant advertising screen and will be replaced when phase 3 of the development is implemented

1.16 At the main entrance and along the primary frontage on Olympian Drive extensive areas of polycarbonate cladding ‘windows’ are introduced to allow daylight to enter and to provide glimpses of what happens inside and to activate the frontages. The large areas of translucent cladding will illuminate the building at night and will allow for different lighting effects.

1.17 The closest existing residential property is Watermark apartments which are some 150m to the northeast. The closest proposed residential accommodation will be immediately to the north.

1.18 Measures to control external noise breakout will be incorporated into the detailed design in consultation with the Council and conditions have been added to this effect. The expectation is that the permanent structure will significantly reduce noise pollution in relation to the temporary structure.

1.19 The BREEAM Pre-Assessment report states that provided all the recommendations in the report are followed the building will achieve a BREEAM ‘Very Good’ rating.

1.20 Associated public realm: The roughly triangular area of 0.25ha between the Ice Arena and the Pool is intended to function as a significant piece of pedestrianised public realm forming the main entrance to the ISV with gently ramped direct access from Olympian Drive to both the Ice Arena and the main entrance of the International Pool.

1.21 The plaza will be delivered as part of phase 1 and will extend as far as the red line boundary with the Pool. It will lead directly via a primary east-west pedestrian route to the Bay edge waterfront in the east, and via a new pedestrianised crossing on Olympian Drive to the Pont-Y-Werin footbridge in the west.

1.22 The floor level of the Ice Arena is approximately the same level as that of the Pool and the main entrance plaza from Olympian drive is designed in such a way that when the opportunity arises (subject to leasehold negotiations with the Pool operator) the entrance plaza can be extended to integrate the main entrance to the Pool giving direct and easy access to both facilities from Olympian Drive. An indicative scheme has been received showing how this can be achieved.

Outline application (access only) for indoor natural snow/ski facility, A1 retail, A2 financial and professional services, A3 food and drink, B1 office, C3 residential, C1 hotels, D1 non-residential institutions (art gallery, community facilities), D2 (assembly and leisure), & multi-storey car park (MSCP)

1.23 Layout, scale, design and external appearance, and landscaping are reserved matters however sufficient details have been provided of the proposed uses, layout, height, massing and indicative architectural and public realm treatment of the scheme as a whole to enable such a significant development to be properly assessed in terms of proposed uses, masterplanning principles and design, and environmental impact.

1.24 Conditions have been attached requiring that details submitted at reserved matters stage in relation to layout, scale, design and external appearance, and landscaping are in accordance with the indicative material provided, unless otherwise agreed in writing by the LPA.

1.25 Design concept: The site is organised in accordance with traditional urban design principles of streets, squares and landmark buildings. It seeks to maximise permeability and legibility and to make the best use of its waterfront location which dominates the site.

1.26 Key to the design is the incorporation of a raised pedestrian only plinth which provides access to most of the proposed leisure, retail, hotel, gallery and commercial uses, and to the MSCP. This enables servicing and deliveries to be contained in a service zone below the plinth, segregated from pedestrians.

1.27 Layout: The main pedestrian/cyclist entrance to the site is from Olympian Drive immediately to the north of the Pool (site of relocated bus stop and coach parking) via the main entrance plaza which slopes gently up to the Pool and Ice Arena main entrance levels, and then via steps/ramp a further approx. 1.5m up to the plinth level. This main route forms part of the masterplan pedestrian/ cyclist route from the Pont-y-Werin footbridge and Cogan/ Penarth to the waterfront (east west pedestrian/ cyclist route).

1.28 At the waterfront the raised plinth ramps back down to ground level, forming a large lowered plaza with dimensions similar to those of the Oval Basin. This central plaza space is intended for outdoor dining and performances and as a protected viewing area with soft landscaping and seating. It forms the main public open space for ISV and is part of a series of public spaces on the pedestrian boardwalk route from the yachtclub, past the Cardiff Pointe residential development and on along the waterfront (via the Cardiff Bay Trail which links to the Taff Trail and the City Centre).

1.29 There is access to the plinth level from the Cardiff Bay Trail at various points with main access via a grand staircase from the central plaza, and from Empire Way via a reconfigured area of public realm that also provides the main access to the recently consented Cardiff Pointe residential development to the south.

1.30 A diagonal route across the site links the entrance to the site from the MSCP (plinth level) to the main plaza and the tower, and streets perpendicular to the main east west routes break up the massing further and make the site more permeable. The junctions of the routes also generate a smaller series of public squares and the opportunity to introduce more human scale retail frontage along the different routes.

1.31 Scale: The massing of the site responds to the existing ‘standalone’ Pool on Olympian Drive by siting the similarly scaled Ice Arena building immediately to the north of the Pool. It responds to the proposed (Cardiff Pointe) waterfront development and the existing Watermark/ Prospect Place waterfront development by siting the 32 storey tower on the waterside at the intersection between the lowered plaza, waterside boardwalk, and main east west pedestrian route, thus continuing the spatial hierarchy begun by the two towers on the Cardiff pointe site, and fixing the ISV development on the Cardiff Bay skyline with a prominent landmark tower.

1.32 The very large 20 storey/12 storey block to the north of the site (ski/snow facility & MSCP) protects the site from the busier road to the north (International Drive which will service the development). To the south the building heights gradually step up from a scale similar to the Cardiff Pointe development to the larger 12 storey commercial building which defines the east-west route and the southern edge of the central plaza.

1.33 The height of the buildings around much of the plaza is reduced to 4 storeys, although as access is from the plinth at first floor, and at third floor level the building line is cut back from the street, the shops are at a human scale and routes and smaller squares will be covered. The intention is to recreate the scale and intimacy of the Victorian arcades in the City Centre.

1.34 Phasing: The indicative phasing plan shows the implementation of the development in 5 phases, as follows: • Phase 1: Permanent Ice Arena and associated public realm; • Phase 2: The snow/ ski facility and MSCP building (including retail, food & drink, office and residential uses) and budget hotel; • Phase 3: Pedestrian plinth, retail, café and restaurant and residential uses and central plaza; • Phase 4: Commercial office uses & residential; • Phase 5: Art gallery, retail, residential and hotel.

1.35 The snow/ ski facility and MSCP building (Phase 2): The very large building located on the northern edge of the site comprises an approx 250m long natural snow ski slope that takes the form of an inclined flattened tube supported on a latticework of columns on the roof of a multi-storey car park (MSCP), with residential, leisure (snow box/ leisure box), retail, food and drink, and office accommodation to each end and along the southern edge. The ski slope, snow box, leisure box and ancillary accommodation totals 19,380 sqm

1.36 The ski slope is 75m high at its western end (the equivalent of a 20 storey office building) and falls to approximately 50m high at its eastern end, where the slope flattens out and it terminates in a large picture window overlooking the Bay, aligned vertically with the edge of the boardwalk.

1.37 At it’s lowest (eastern end) adjacent to the Watermark residential development it will be approximately 15m higher than the roof of the 10 storey Watermark Apartments. The Watermark apartment block is aligned north- south and steps back at each floor. Separation distances from habitable room windows are therefore approximately 20m at first floor level and 50m at the ninth floor level.

1.38 The MSCP block supporting the ski slope is 12 storeys high at its western end and approximately 7 storeys high at its eastern end. The MSCP has a capacity of 1300 parking spaces and is arranged over approximately 8 floors. At the eastern end is a 2,000 sqm ‘snow box’ which will include childrens’ and tobogganing area, and a 1,800 sqm ‘leisure box’ for special events and conferences and able to accommodate up to 400 people.

1.39 At the western end of the block 88 residential units (majority single aspect) are arranged over the upper floors. Retail, A3 and office uses are located on the southern elevation of the 200m long building at plinth level (level 1), and levels 2 and 3. On the north side of the building at street level (International Drive) a significant part of the frontage is taken up by the in/out entrance to the MSCP and two service yard entrances. The upper levels of the building over most of its length (including the ski slope tube) are set back from the street edge.

1.40 At the western end of the building at ground floor is a large double height class A1/A3 unit with a frontage that extends around the corner from International Drive on to Olympian Drive. At the eastern end at plinth level is the entrance to the main leisure facilities.

1.41 The main pedestrian exit and entrance to the MSCP is at plinth level opposite the NE corner of the ice arena and gives access to all the facilities located at plinth level and to the east west route linking the waterfront to the Ice Arena and Pool main entrances (a walk of about 150m).

1.42 Budget Hotel (Phase 2): The other element of Phase 2 is a 115 bed budget 7 storey hotel (4,045 sqm) located between the eastern end of the snow/ski/MSCP building and the waterfront. It is anticipated this will attract people attending events at the ice arena and visitors from outside Cardiff visiting the snow and ski facility. The ski slope oversails the building.

1.43 The Bay Trail passes to the front of the building and at ground (boardwalk) level the building is raised up on columns with the exception of the reception area and circulation cores. The first floor of hotel accommodation is at plinth level. To the rear of the building there is a 5m wide pedestrian route from the eastern end of International drive (adjacent to the Watermark apartment block) to the plinth via a staircase.

1.44 A1 retail, A2 financial and professional services, and A3 food and drink use (predominantly Phase 3): The amended proposals include 17,754 sqm of class A1, A2 and A3 retail floorspace comprising 5,876 sqm of A3 Cafes and Restaurants (33%), 5,667 sqm of A1 sports-related retail (32%), 4,816 sqm of A1 leisure/ general retail including fashion clothing and footwear (27%) and 1,395 sqm of A1 convenience (supermarket) retail.

1.45 The Phase 1 Ice Arena includes some A3 café/restaurant use and the Cardiff Devils shop. The supermarket and some sports-related retail will be delivered as part of the Phase 2 snow/ski facility/MSCP building. However the greater part of the retail uses will be implemented in Phase 3 and are located centrally around the lower plaza and along the pedestrian routes linking the four main entrance points to the site to the central plaza. All are accessed from the pedestrian plinth and/or central plaza and are serviced from the service zone below the plinth.

1.46 B1 office uses (Phase 4): The proposals include 21,673 sqm of office space located in a 12 storey block to the east of the International Pool that defines the southern edge of the pedestrian plinth and the east-west route. The U- shaped building steps down to 6 and then 5 storeys on its southern side to relate to the residential uses on the southern (Empire way) side of the site. An element of office use is also located within the phase 2 snow/ski facility/MSCP building.

1.47 Residential use (Phases 2, 3, 4 & 5): A total of 213 dwellings (20,298 sqm) are proposed comprising 88 flats in Phase 2 (see above), 40no. flats over retail units in Phase 3, 7no. townhouses and 16no. flats on Empire Way (Phase 4), and 62 flats in the 32 storey tower (Phase 5).

1.48 Hotel/ Gallery (Phase 5): The 32 storey tower includes a 60 bed luxury end hotel (3,559 sqm), 62 residential units, and at the top of the tower a viewing gallery (1,094 sqm) and winter garden open to residents, hotel guests and day visitors. The landmark tower is the focal point of the scheme and is located on the waterfront at the end of the east west pedestrian route adjacent to the central plaza. At the foot of the tower is an arts gallery and art cinema (approx 5,000 sqm) accessed from the plinth and board walk. The gallery includes retail and café uses.

1.49 Open space: The main public open space is the lowered central plaza which is accessed directly from the boardwalk and is at the same level. The Cardiff Bay Trail and boardwalk is on the east side and on the other 3 sides are A1 and A3 uses. The main pedestrian plinth and east west route which runs along the south side of the plaza is approximately 3.5m higher and accessed by a grand main staircase at its western end, and by other staircases and a ramp at the eastern boardwalk end.

1.50 The entrance plaza on Olympian Drive is the other principal open space – see above (Phase 1 Permanent Ice Arena). A further sloped landscape space immediately to the east of the International Pool gives access to the pedestrian plinth from Empire Way and the Cardiff Pointe development to the south.

Vehicular Access, Parking and Servicing General Traffic 1.51 Access for general traffic will be limited with parking concentrated in a proposed MSCP on the northern edge of the site, accessed from International Drive. This will be constructed as part of the Phase 2 works and will have a maximum capacity of 1300 spaces. Temporary parking and access arrangements are dealt with below.

1.52 Access to the MSCP will be via left-in left-out access and exit points. Vehicles approaching from Cogan Spur will therefore be required to turn at the roundabout at the junction with Ferry Road (Watermark roundabout). Vehicles exiting and wishing to travel towards Ferry Road will have to go via the Cogan Interchange.

Parking 1.53 The MSCP will provide 1300 car parking spaces for all the proposed uses on the site and the existing Pool and CIWW as follows:

Land Use Standard Disabled International Pool CIWW 988 shared 55 shared Ice Arena (including 320 for the (including 19 for the Snow International Pool) International Pool) Hotel Retail* 40 3 Offices* 74 4 Residential* 107 Gallery* 26 3 Totals 1235 65 Grand Total 1300 *parking numbers stated for these land uses represent the maximum to be allocated or designated under a parking management plan out of the 1300 total. The remainder of the spaces are shared between all the land uses.

1.54 The ground floor of the MSCP will be designed with additional headroom to cater for vehicles using the CIWW which transport kayaks on car roofracks or in vans.

1.55 Access will also be provided to the townhouses on Empire way which have garage and forecourt parking, and to the hotel for pick-up and drop-off.

1.56 There will be limited pick-up and drop-off for cars at the MSCP and at the coach lay-by on Olympian drive.

Temporary car parking 1.57 The proposals for temporary car parking show a temporary car park on the application site to the north of the temporary ice rink with provision for up to 320 cars including 20 disabled spaces. This temporary parking is intended to serve the Pool and the CIWW when the current Pool car park is redeveloped under the Cardiff Pointe/ ISV Site 2 consent. Existing parking for the temporary ice arena (157 spaces), together with additional spaces which will become available when the temporary ice rink is demolished, will serve as temporary parking for the Ice Arena (up to 260 spaces). Thus giving a total of 580 temporary car parking spaces.

1.58 During demolition of the temporary ice rink (which the applicant has confirmed will take place after the permanent ice arena is open and is unlikely to take more than 2 weeks) any overspill provision that may need to be provided can be accommodated elsewhere on the CISV Waterfront site.

Servicing 1.59 Servicing for the ice arena, snow facility, retail and commercial uses on the site will be from below the pedestrian plinth. A main service yard with adequate internal area for several 16.5m HGV vehicles to manoeuvre and load/unload at the same time is accessed from International Drive. From this yard smaller service vehicles will circulate around a service void beneath the pedestrian plinth to service the various facilities.

1.60 A secondary service yard is located to the west (also accessed from International Drive) to service the proposed A1/A3 uses at the junction of International Drive and Olympian Drive and the ice arena.

1.61 Empire Way will continue to provide access to the existing servicing area for the Pool and servicing for the proposed hotel. Access to the plinth for emergency vehicles will be via a ramp at the end of Empire Way. Access to the lowered plinth area on the waterfront will also be from Empire Way.

Pedestrian and cycle access 1.62 The proposals are for a predominantly pedestrian environment with parking confined to the MSCP and servicing at below plinth level. Access to the plinth level is from Olympian Drive via the main entrance plaza, from the Cardiff Bay Trail at various points and from Empire Way via a reconfigured area of public realm that also provides the main access to the recently consented Cardiff Pointe residential development to the south.

1.63 The site connects with the Cardiff Bay Trail and with the planned east-west pedestrian cycle link from the Pont-y-Werin footbridge to the Bay Trail. The first phase of the development will allow for a temporary direct access from the existing Cardiff Bay Trail across the site to the Pool and Ice Arena main entrances. Once the site is developed this route will include ramped access up to the plinth level from the boardwalk and onwards via the main entrance plaza and an improved crossing over Olympian way to the ToysRUs site and eventually to the Pont-y-Werin footbridge.

Public Transport 1.64 The site is served by the 7, 9 &9a Cardiff Bus services to and from the City Centre and the 89A and 89B First Bus services linking the ISV to Penarth as well as the City Centre. The closest bus stops are on International Drive to the north, Olympian Drive to the west and Empire Way to the south.

1.65 It is proposed to remove the bus stop and layover on Empire way as part of the consented scheme for the Cardiff Pointe residential development. The bus stop on International Drive will also be removed to allow for parking and servicing access to the MSCP. The bus stop on Olympian Drive will therefore be the only bus stop serving the development and this will be relocated about 100m to the south adjacent to the ISV entrance plaza. It will include a bus layover facility. The existing bus stop on Olympian Way will become a coach stop with room for up to 3 coaches to pick-up/ drop-off simultaneously.

Waste Management 1.66 A waste strategy document has been provided which shows that waste will be moved from beneath plinth bin stores to collection points located in the service yard(s) on International Drive. These are designed to accommodate bin lorries.

1.67 The following additional information is submitted: • Design and Access Statement rev. C (April 2013); • Supplementary Planning Information rev. D (March 2013) • Transport Assessment (Oct 2012) • TA Addendum (March 2013) • Independent Audit of TA (April 2013) • Environmental Statement (Oct 2012) • ES Addendum (March 2013) • Retail Statement (Oct 2012) • Additional Retail Impact Information (Feb 2013) • Flood Consequences Assessment (Oct 2012) • Review of Existing Geo-Environmental Information (Oct 2012) • Waste Management Statement (Oct 2012) • Drainage Strategy Report (Oct 2012) • Sustainability Statement (Oct 2012) • Cardiff Ice Rink BREEAM Pre-Assessment Report (Oct 2012) • Planning Statement rev. A (April 2013) • Affordable Housing Delivery Statement (October 2012) • Community Benefits Statement (October 2012) • Statement of Pre-Application Consultation (October 2012) • Leisure Delivery Strategy (October 2012)

Environmental screening opinion 1.68 In response to a request for an environmental screening opinion dated 11.9.12 and additional information dated 23.9.12 a screening opinion was issued on 25th October 2012 which concluded that the proposals are likely to have significant effects on the environment and therefore required an Environmental Impact Assessment (EIA) for the following reason:

1.69 The proposed scheme is located on a site that has not previously been intensively developed and would provide significantly more than 10,000m2 of new commercial floorspace. Given the scale and nature of development proposed and the potential for traffic-related adverse impacts over a significantly wider area it is considered to be a major development of more than local importance.

1.70 An informal scoping opinion was sent at the same time as the screening opinion. It highlighted the following matters to be assessed in the EIA: • Landscape and visual impact assessment of the development on the wider Bay area based on the agreed viewpoints. To include an assessment of the cumulative impact of consented proposals (Bayscape hotel and residential application), and proposals in the pipeline (Cardiff Pointe residential applications) • Noise pollution assessment • Air Quality assessment • Waste management assessment • Traffic and transport: Conclusions of the TA that will accompany the planning application to be summarised in the ES with an emphasis given to the transport-related environmental effects • Ecological impact assessment • Land Use/Socio-economic impact assessment. Particular emphasis is to be placed on the assessment of the cumulative impact of existing and proposed development in relation to national (PPW) and local planning policy requirements relating to sustainable development and to the delivery of sustainable communities. • Geology, soils and water (including flood consequences) impact assessment. • Archaeological impact assessment. • Microclimate impact assessment of tall buildings on the neighbouring development and public spaces and on the Bay

1.71 It should be noted that an Environmental Statement was prepared in 2001 to accompany the outline application for the development of the International Sports Village (ISV) site (consented in 2003). The masterplan that accompanied the outline application was revised in 2005 and a Section 73 application was made to vary a number of conditions relating to the 2003 outline consent. A revised ES was deemed necessary to accompany the Section 73 application because of the extent and nature of the revisions to the original masterplan. The section 73 application was consented in 2005. The revised masterplan (the ‘Carey-Jones Masterplan’) for the wider ISV site has therefore been subject to an environmental assessment.

1.72 The proposals differ from those considered in 2005 in terms of both built form and proposed uses, and it is 7 years since any EIA and associated Transport Assessment for the wider site has been carried out. During that period elements of the wider site have been built out and the traffic and transport situation as it affects the routes to and from the site needs to be reassessed. The national and local planning policy context has also changed. The 2005 ES is therefore considered to be out of date.

2. DESCRIPTION OF SITE

2.1 The 5.14 ha application site is flat and has no features of interest, being formerly tipped ground and used for storage/ industrial purposes. It includes the temporary ice rink and its eastern boundary is the Cardiff Bay Trail and boardwalk. To the south west is the International Pool.

2.2 The site is bounded by Olympian Drive and the Toys R Us development to the west, International Drive and the Morrisons Supermarket and Watermark residential development to the north, and the International Pool, Empire Way and the Cardiff Pointe peninsula site to the south.

2.3 The ISV site has been remediated to a level of 8.0m AOD which is above the flood level for the lower Bay area. In order to contain underground contaminants left over from earlier industrial activity on the site a bentonite containment structure and leachate drainage system crosses the site.

3. PLANNING HISTORY

• Outline planning permission (01/2617R) for ISV site was granted in February 2003. The application was supported by a masterplan for the wider area. • Section 73 application (05/615C) to vary a number of conditions of outline planning permission 01/2617R was granted in June 2005. The purpose of the application was to vary the conditions to ensure consistency with a new masterplan (the Carey-Jones Masterplan) for the wider ISV site which reflected the development proposals at that time. This consent has lapsed. • Planning permission (05/1574C) granted October 2006 to vary a number of conditions of outline planning permission 05/615C. This increased the number of dwellings for the wider ISV site from 997 to 1127. The consent has lapsed. • Planning permission no. 06/691C for a temporary ice rink was granted in April 2006 • Resolution to Grant PP subject to legal agreement in August 2011 for Permanent Ice Rink (11/120/DCI) • 12/1188/DCI (enabling works application) under consideration for relocation of temporary Pool/CIWW car park from current location to ISV Waterfront site.

Related planning history • Detailed planning permission for International Pool (05/475/C) granted July 2005. • Outline planning permission (08/2191/C) granted in September 2009 for a 30 storey hotel, resi, retail, offices and A3 (Bayscape development) on the Cambrian Marina site. • Section 73 applications (13/310 & 13/311/DCI) under consideration to vary conditions of 08/2191/C (Bayscape) to allow for phasing and additional resi units • Planning permission granted April 2013 (12/937DCI) for 561 dwellings, A1 and D1 uses on Grangetown peninsula (Cardiff Pointe site). • Planning permission granted April 2013 (12/934DCI) for 79 dwellings on International Pool temporary car park site (ISV Site 2). • Planning permission granted April 2013 (12/935DCI) for 63 apartments (53 affordable) on the vacant site between Morrisons and Prospect Place (Morrisons site). • Planning permission granted April 2013 (12/932DCI) for 95 dwellings (47 affordable) on the site of the old ISV offices on Watkiss Way (ISV Offices site).

4. POLICY FRAMEWORK

National policy 4.1 Planning Policy Wales (PPW), Edition 5 Nov 2012, paragraph 4.9 favours the sustainable re-use of previously developed land. Paragraph 11.3.3 advises that authorities need to consider the effects of sport and recreation on neighbouring uses in terms of noise, light emissions, traffic generation and, in the case of larger developments ease of access and the safety of residents, users and the public.

4.2 The following Technical Advice Notes (TANs) are particularly relevant: • TAN 12: Design (2009) • TAN 16 Sport, Recreation and Open Space (2009) • TAN18: Transport (2007) • TAN 22: Planning for Sustainable Buildings (2010)

Local Policy South Glamorgan (Cardiff Area) Replacement Structure Plan (April 1997) 4.3 Policy EV2 favours the regeneration of derelict land in Cardiff Bay through a range of land uses, including leisure; Policy T1 favours leisure and sports development (subject to detailed considerations) in Cardiff Bay; Policy R3 favours new retail development in Cardiff Bay subject to certain criteria; Policy R4 deals with out-of-centre retail development.

City of Cardiff Local Plan (1996) 4.4 Policy 45 of the City of Cardiff Local Plan states that sport, recreation and leisure uses will be favoured “if there is no need to preserve the site for its existing or allocated use, assessed against relevant policies of the Plan” subject to not harming the principal business area, minimisation of traffic, travel patterns, energy use and emissions, being well-located by reference to public transport and for those wishing to travel other than by car, car parking and servicing being adequate and considerations of scale, amenity and design.

4.5 The following other Policies of the Local Plan are relevant:- Policy 9 – Development in areas at risk of flooding Policy 10 – Contaminated or unstable land Policy 11 – Design and Aesthetic Quality Policy 17 – Parking and servicing facilities Policy 18 – Provision for cyclists Policy 19 – Provision for pedestrians Policy 33 – Land for Business, Industry and Warehousing Policy 42 – Land for Open space purposes Policy 50 – Retail Development

4.6 The Deposit Cardiff Unitary Development Plan (October 2003) includes the following relevant policies: • Policy 2.13 – Land at Ferry Road – Land at Ferry Road will be redeveloped for mixed use development including sports, leisure and residential uses, commercial uses necessary to secure the regeneration of the site and development of the sport and leisure facilities, and a public transport mode / interchange. • Policy 2.20 – Good design • Policy 2.24 – Residential amenity • Policy 2.57 – Access, circulation and parking requirements • Policy 2.55 – Public realm improvements • Policy 2.56 – Public art • Policy 2.58 – Impact on transport networks • Policy 2.64 – Air, noise and light pollution NB Cardiff Unitary Development Plan (to 2016) deposited October 2003 - The Cardiff UDP was placed on deposit in October 2003. In May 2005, following agreement with the Welsh Assembly Government, the Council resolved to cease preparation of the UDP and commence work on a new Local Development Plan (LDP). Assembly guidance indicates that a UDP that has not been adopted may remain a consideration in development control decisions.

4.7 The following Supplementary Planning Guidance (SPG) is of relevance: • City Centre Strategy (2007-2010) • Access, Circulation and Parking Requirements (2010) • Tall Buildings (2008) • Cardiff City centre Public Realm Manual (2009) • Waste Collection and Storage Facilities (2007) • Affordable Housing (2007) • Affordable Housing Delivery Statement (2010) • Open Space (2008) • Community Facilities and Residential Development (2007) • Developer Contributions for School Facilities (2007)

4.8 Other relevant planning guidance • Carey Jones Masterplan (2005) • City Centre Strategy (2007-2010)

5. INTERNAL CONSULTEE RESPONSES

5.1 Transportation: Transportation make the following comments: The application is supported by a Transport Assessment (TA) from Arup dated 23 October 2012 and TA Addendum dated 26 March 2013.

5.2 The transport impact analysis in the October 2012 TA is based on surveys carried out in July 2011 and derives a trip generation for the proposed mixed uses. The assessment analyses the impact of the predicted traffic generation from the site on the surrounding highway network and identified junctions, taking into account existing and permitted developments on the site and surrounding area.

5.3 The submitted TA follows the format of the previous TAs for the site and identifies that there are 3 instances where the theoretical link saturation would exceed 90% in the PM peak, all at the Barons Court junction within the Vale of Glamorgan. However the TA also confirms that this level of saturation would be reached with the committed developments in place and that the additional development amounts to a minor additional impact on these links.

5.4 It is noted that the Environmental Statement also suggests that the proposed development would have a ‘moderate adverse’ impact on the highway network. However, this is mitigated by the highway improvements and travel plan, and related items. The residual effect of the proposed development would be reduced to ‘minor adverse’ following the implementation of the mitigation measures.

5.5 It must also be noted that the ‘moderate adverse’ effects are derived from the assessment of the proposed development against the 2012 baseline conditions. However, following the approval of the 2005 masterplan, a series of significant infrastructure improvements were implemented to mitigate the forecasted traffic impact. As the site has only been partially developed since completion of the improvements, there is comparatively significant spare capacity in the network and traffic conditions are therefore better now than in 2005. As such, the traffic generated by the proposed development can be accommodated within this spare capacity, and if measured against the 2005 baseline conditions would have a ‘neutral’ effect.

5.6 The analysis concludes that the highway network will operate satisfactorily with the proposed development and confirms that the predicted queuing is actually reduced when compared to that predicted in the 2005 analysis. The current proposals would therefore result in slightly improved traffic conditions compared to those approved in 2005, despite a minor adverse impact compared to current traffic levels.

5.7 The TA addendum from Arup dated 26 March 2013 takes into account a number of master plan variations, including an additional service yard with access to/from International Drive and a reduced multi storey car park capacity. Following the reduction of the multi storey car park capacity, the proposed parking provision for the different uses and different sites are considered to be in-line with the limits identified in the adopted Access Circulation and Parking Standards SPG. The proposed car parking and servicing identified in the revised submissions are therefore considered to be acceptable subject to the proposed conditions.

5.8 A number of new pedestrian and cycle access points to and routes within the site will be provided as part of the masterplan proposals, which along with the wider improvements to cycle and pedestrian infrastructure will help to ensure the site and its amenities are readily accessible to non motorised traffic.

5.9 The improved cycle and pedestrian links/routes, including opening of additional lengths of boardwalk, are therefore welcomed and will prove beneficial to both the existing and incoming residents and visitors alike, as well as helping to create a unified network of cycle and pedestrian facilities across the wider ISV sites as a whole.

5.10 In line with the principles established by the 2005 application, Section 106 contributions are sought towards traffic management VMS; bus public transport services; a water bus stop/mooring; and improvements to pedestrian and cycle access to Cogan Rail Station. The improvements that will be realised as a result of these contributions, combined with the other improvements subject to condition, will help to make the site more accessible by a wider range of transport options, thus contributing to the aims and policy objectives related to sustainable transport.

5.11 Transportation confirm that they are satisfied with the contents and conclusion of the Environmental Statement and addenda to the ES.

5.12 On the basis of the foregoing comments there are therefore no traffic or transportation grounds to sustain an objection, subject to the details listed being made conditional to any planning approval or included in a Section 106 agreement attached to the same.

Land use 5.13 Strategic Policy note that as part of the wider International Sports Village development, the proposed amended development includes 17,754 sq m GIA of Class A1 and A3 retail floorspace, as follows:

Floorspace Type Amended scheme (sq m) % of total floorspace A1 Leisure/general 4,816 27% A1 Convenience 1,395 8% A1 Sport 5,667 32% A3 Cafes & 5,876 33% Restaurants Total 17,754

• NB ISV outline consent (lapsed) was for max 9,290 sqm convenience goods (food), 7,857sqm has been implemented (Morrisons), residual is 1,433 sqm.

5.14 The site is an out of centre location and the proposal must therefore be considered against Policy 50 of the Cardiff Local Plan (1996) and Policy R4 of the South Glamorgan (Cardiff Area) Replacement Structure Plan, and assessed against the standard retail policy tests of Planning Policy Wales Edition 5 ‘Planning for Retailing and Town Centres’, (November 2012), including whether there is a need for additional retail development; the sequential approach to site selection and; the impact of the proposal on existing centres. Also of relevance is Policy R3 of the Replacement Structure Plan which includes an urban regeneration test for developments in Cardiff Bay. It states that retail developments will be favoured where they assist in the realisation of urban renewal objectives, subject to conformity with other national guidance and development plan policy.

5.15 In support of the application a retail impact statement has been provided by the applicants and in response to concerns over the retail breakdown an Addenda to the RIA Statement was submitted with an amended scheme for retail provision. The amended scheme reduces the amount of comparison goods floorspace by almost 2,000 sq m. It reduces the total turnover of the scheme by £1.7m due to the inclusion of a supermarket which would generate sales densities almost twice that of the comparison goods floorspace. It reduces the turnover generated by the sale of comparison goods by around £14m less and diverts £6.4M less from the city centre than the application scheme. The overall impact on the city centre trade of the development would be a reduction of approximately 0.5% from 2% to an estimated 1.5% reduction in trade as at 2019, the point at which all retail floorspace would be open for trading.

5.16 The amended scheme reduces the amount of comparison goods floorspace and hence turnover and impact. However, the applicants claim that the difference in overall impact on the city centre is very small and they conclude that the difference between the 2 schemes is not sufficiently material to support different conclusions in respect of the two schemes.

5.17 Strategic Policy conclude as follows: Although the principle of retailing to enable the development of Sports Village has already been established at this site by previous applications, this application includes a revision to the type of goods that can be sold. The introduction of fashion clothing and footwear retailing is considered to substantially alter the character of the retail offer of the proposed development to that which was previously approved with fashion retail having a higher turnover and a different trade draw to for example, the previous permitted sale of DIY goods.

5.18 Cardiff Council has permitted out of centre retail floorspace in the recent past to enable the development of the new Cardiff City Stadium at Leckwith. This floospace however was permitted with conditions to restrict the type of goods that could be sold to those that are bulky in nature and would not directly compete with the city centre’s fashion offer, albeit over time there have been various relaxation of conditions as named operators came forward.

5.19 A case study provided by the applicants also illustrates the enabling role played by out of centre retailing to fund the development of the Salford Reds Stadium. However, similar to the Leckwith example, the retail floorspace permitted was restricted to a defined range of bulky goods that a customer would expect to find in a DIY store and not fashion retailing. As a result it was felt that the impact on any shopping centre would be limited as the main trade draw would be widely spread amongst competing out of centre retail parks with a similar retail offer.

5.20 In terms of the retail composition proposed, it could be argued that if the A3 uses are aimed at serving the needs of the Sports Village users then they need to be available on site, even though in principle, there are sequentially preferable alternative locations available in or on the edge of centres with development plan status. Similarly, in relation to sports retailing, there is a relationship between the types of goods on offer and the wider facilities available in Sports Village. Visitors to Sports Village would expect sports goods and equipment related to Sports Village available to buy on site.

5.21 The main concern is that this application is proposing out of centre retail floorspace with a large fashion element which will directly compete with city centre retail offer and unlike the A3 uses and the retailing of sports goods and sportswear, bears no direct relationship to the Sports Village development. Cardiff Council has consistently sought to control the amount, size and nature of out of centre retailing in order to sustain and enhance the vitality, viability and attractiveness of the defined city centre, district and local centres and the sale of mainstream city centre fashion clothing has been restricted in anything other than an ancillary form.

5.22 The amended scheme under consideration, which includes a supermarket and a reduction in the A1 comparison goods floorspace of 2,000 sq m, reduces the direct competition with the city centre’s comparison goods retail offer and therefore reduces the impact on the city centre. Lengthy negotiations with the applicants have resulted in the significant reduction in the quantum of retail floorspace proposed for fashion retailing, which although not compliant with retail policy if it were to be submitted as a standalone retail scheme, is potentially acceptable as enabling development for the International Sports Village.

5.23 Therefore, if the retail component of the scheme is seen as an integral part of the development of Sports Village with many long term benefits that outweigh the retail policy concerns then a refusal of planning permission would be difficult to justify. If the linkage between the retail element and the rest of the development is accepted then these benefits are a material consideration that must carry considerable weight (when balancing the conflicting policy objectives of protecting designated centres and securing the development of ISV) in the determination of this planning application.

5.24 It must also be recognised that the regeneration of the application site has been a long standing strategic ambition of the Council and in addition the retail floorspace would generate over 800 FTE jobs for the local economy which is a material consideration in the determination of this application.

5.25 A number of conditions would need to be attached to the grant of any planning consent to limit the total retail floorspace and the range of goods that can be sold and a system of phasing would also need to be imposed to ensure that the retail facilities are not operational before the wider benefits of the scheme have been delivered.

5.26 A condition could also be attached as follows:- ‘None of the A1 retail floorspace permitted shall be subdivided to form units of less than 929 sq. m’. This is similar to the condition at Leckwith and prevents the creation of units of the size that would typically be located in sequentially preferable locations i.e. designated centres.

5.27 The following condition limiting the total retail floorspace and the range of goods that can be sold is suggested:

5.28 The retail floorspace hereby permitted shall not exceed 17,754 sq m (GIA) of which: (a) A maximum of 1,395 sq m which shall only be used for the sale of convenience goods and shall not be used for any other purpose including those set out in Class A1 of the Schedule for the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re-enacting that Order with or without modification. (For the avoidance of doubt, convenience goods shall be taken to mean: food, drink, tobacco, household cleaning materials, newspapers and magazines). (b) A maximum of 5,667 sq m shall only be used for the sale of sports clothing, sportswear (including footwear) and sporting equipment and shall not be used for any other purpose including those set out in Class A1 of the Schedule for the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re-enacting that Order with or without modification. (c) A maximum of 5,876 sq m shall only be used for purposes within Class A3 and shall not be used for any other purpose including those set out in Class A1 or A2 of the Schedule for the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re-enacting that Order with or without modification. (d) A maximum of 4,816 sq m shall only be used for purposes within Class A1 or A2 not specified in Condition (a), (b) and (c) above. Reason: The implications of other uses or changes to the format of sales have not been tested in relation to this application and would need to be examined in accordance with the Council’s retail policy.

5.29 Highways and Waste Management: No comments received.

5.30 Housing Strategy: Housing Strategy note that Cardiff has a high housing need for affordable housing in the Grangetown area of the City. Data available from the Council’s current housing waiting list (March 2013) indicates there are 3,805 households waiting for a property in the Grangetown.

5.31 The applicant has put forward a proposal in respect of the affordable housing contribution and we accept this offer of 41% of the total number of units (equating to 87 affordable units) as affordable housing. We accept the proposed tenure split of no more than 10% social rented accommodation at Welsh Government defined social rent levels and at least 90% intermediate rental accommodation set at a rent level of 80% Local Housing Allowance rate, as outlined in their Supporting Statement: Affordable Housing Delivery Statement, submitted with the planning application. All affordable housing units must comply with the Welsh Government Development Quality Requirements (DQR) in terms of space and design standards.

5.32 The applicant is proposing to deliver the affordable units through a company called Bellerophon. The Bellerophon ‘model’ is different to the traditional method of delivery of affordable housing. Units are usually purchased by a Registered Social Landlord (Housing Association), who own and manage the units in perpetuity. They manage and maintain the properties and are regulated by the Welsh Government. The Bellerophon ‘model’ does not require a Registered Social Landlord (Housing Association) to purchase the units but to enter into a Full Repairing and Insuring (FRI) lease for a specified period.

5.33 This is a new method of delivering affordable housing. We do have concerns about the Bellerophon ‘model’ and would seek assurances from Bellerophon and Greenbank as the applicant, that the model can deliver affordable units at the rent levels stated above for the required period, and that the model should provide accommodation at these rent levels in perpetuity.

5.34 It is also important to specify that the management of these units must be provided by a Registered Social Landlord (RSL) with Welsh Government approved development status. It is imperative that we see confirmation of their agreement with the RSL to manage the affordable housing units through the Bellerophon ‘model’ before any planning permission is issued.

5.35 The applicant has also advised that given the likely timescales involved in the delivery of the various phases of this development, they are requesting that the level of affordable housing is assessed by the District Valuer at the time that the Reserved Matters application for the housing is submitted, on the basis that they will then be in receipt of the detailed financial information required to undertake a robust independent financial assessment. We accept this proposal, provided that the cost of the District Valuer assessment is borne by the applicant, and provided that we retain an option for the affordable housing to be delivered as a financial contribution in lieu of the proposed on- site affordable housing provision.

5.36 For confirmation, we do not accept the proposal that, in the event that affordable housing is not provided on-site, that it should be provided off-site on another site in the Grangetown area.

5.37 Ecology: Ecology carried out an appropriate assessment in the form of a Habitats Regulations Appraisal (HRA) in accordance with the Conservation of Habitats and Species regulations 2010 which requires such an assessment to be made where a project is likely to have a significant effect on a European site, in this case the Severn Estuary Special Area of Conservation (SAC), the Severn Estuary Special Protection Area (SPA), and Severn Estuary RAMSAR site.

5.38 The HRA concluded that provided the planning conditions set out in Section 8 of the report (conditions proposed by the Environment Agency which if implemented in full will ensure a scheme of risk assessment, site investigation, remediation, verification of implementation and long-term monitoring is put into place) are attached to any consent and are implemented in full the project should be considered as not adversely affecting the integrity of the Severn Estuary SAC, SPA and RAMSAR site. On the basis of the CCW consultation Ecology have no objection to the application subject to the conditions identified in the HRA..

5.39 Pollution Control (Noise and Air): Pollution Control has no objection subject to specific conditions to control noise breakout from D1, D2 and A3 premises based on the recommendations in the Environmental Statement, plant noise, sound insulation, and amplified music conditions.

5.40 Pollution Control (Contaminated Land): The Officer has reviewed the Arup Environmental Statement and Review of Existing Geo-Environmental Information. It is noted from the conclusions of the Geo-Environmental Information that further investigation, risk assessment and remedial measures are required in order to ensure that the site can be developed on a suitable for use basis, and to ensure that the original remedial strategy for the outline permission for the CISV can also be met.

5.41 The conclusions recommend the following works are required: • the placement of 600mm clean fill (complying with Class 2b specification as a minimum) in areas of landscaping; • the placement of 600mm clean cover (compliance details to be developed) in residential gardens and children’s play areas (residential house development only); • provision of a gas membrane in all ground floor slabs, capable of resisting hydrocarbon vapours in addition to ground gases; • provision of gas venting to external areas within the cut-off wall e.g. car parks, landscaping areas; • design and implementation of the interface between the gas and leachate cutoff wall and any buildings which bridge the boundary between refuse and non-gassing ground and the cut-off wall that divides these two areas.

5.42 In addition to the above the consultants have also recommended that further investigation to include as a minimum soil and groundwater sampling and analysis and gas monitoring, together with assessment of the data in line with current guidance, as no complete dataset exists for the site in its, remediated condition.

5.43 The gassing regime is likely to have changed significantly since the remediation was completed and to ensure that the most appropriate gas protection measures and external venting solutions can be designed in accordance with the most recent best practice, the consultant has recommended further ground gas monitoring and risk assessment be undertaken.

5.44 With regards to the final bullet point detailed above Pollution Control is of the opinion that a non standard condition be drafted and applied to ensure that appropriate designs are implemented to ensure that the integrity of the gas and leachate cut off wall is not compromised by any of the structures/ features of the proposed development.

5.45 Based on the above the following conditions are therefore recommended: • Land Contamination Risk Assessment: Prior to the commencement of the development an assessment of the nature and extent of contamination shall be submitted to and approved in writing by the Local Planning Authority. • Submission of Remediation Scheme and Verification Plan: Prior to the commencement of the development a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, controlled waters, buildings, other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. • Undertaking of Remediation and Issue of Verification Report: The remediation scheme as approved by the LPA must be fully undertaken in accordance with its terms prior to the occupation of any part of the development unless otherwise agreed in writing by the Local Planning Authority. • Identification of Unsuspected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 2 days to the Local Planning Authority, all associated works must stop, and no further development shall take place unless otherwise agreed in writing until a scheme to deal with the contamination found has been approved. • Post Remediation Monitoring Requirements: A monitoring scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 12 months (or another agreed timeframe), and the provision of reports on the same must be submitted to and approved by the Local Planning Authority, prior to the occupation of any approved building. • Ground Gas Assessment: Prior to the commencement of any development works a scheme to investigate and monitor the site for the presence of gases being generated at the site or land adjoining thereto, including a plan of the area to be monitored, shall be submitted to the Local Planning Authority for its approval. • Importation of Soils: Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. • Importation of Aggregates: Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation.

5.46 Waste Management: The Sustainable Planning Officer note that the Waste Strategy document associated with the application is acceptable and raises no objections subject to a number of observations that have been forwarded to the agent and a request for a financial contribution based on the number of residential units proposed of £15,760 to cover the cost of additional bins. The developer is referred to the requirements of the Waste Collection and Storage Facilities SPG.

5.47 Parks Services: The Parks Officer notes the following:

5.48 Using the same approach to calculations used on the Cardiff Pointe development, the 213 residential units gives an estimated population of 308, a corresponding open space requirement of 0.75ha and an off-site contribution of £250,571.

5.49 This figure assumes no open space on site (except for MUGA and older children’s play / fitness area which forms part of the Cardiff Pointe development requirements). However the plans show that a plaza will form an area of public outdoor space measuring 0.45 ha. Using a pro rata cost gives a contribution of £100,228.

5.50 The central public realm space will form the main area of POS. I welcome the initial proposals for this space as it will provide a much needed outdoor sitting and informal recreation area similar to Oval Basin.

5.51 The Parks Officer echoes the comments from DCfW for an assessment on the potential impact of the tall buildings on the microclimate of the central public space. The design of the central space and the areas adjacent to it are critical in determining whether the space is comfortable and well-used or a cold, shaded and windblown area receiving little use. It has the potential to form an attractive and well-used space if the detailing is good and the levels are sorted out.

5.52 The amended design for the public realm area between the Pool and Ice Rink has potential to work very well and is a significant improvement on the earlier design. It provides a strong pattern through paving and tree planting that links both buildings and also connects to the existing highway. The potential link to the Pool entrance is good and should work well for pedestrians arriving on buses and if the parking is switched in future from its present location. Ideally there needs to be stepped and ramped access to the Pool from this area, but this should be achievable. The idea of a strong east west cycle link through the Waterfront development to the bay edge walkway also seems a good one.

5.53 The idea of a seating area, giving a place for people to collect before/after using the Pool, also seems sound and is something which is lacking at present. It could form a place for people to collect in evenings without causing nuisance to residents. I can foresee use by skateboarders, so this would have to be considered in the design. Shading and any wind tunnel effect would also need to be considered. This design of this area of public realm has the potential to be reflected in the design of the larger plaza within the heart of the Waterfront area, giving a more unified appearance.

5.54 The Parks Officer is not completely convinced by the concept plan for the roundabout, but completely agrees that it forms a vital gateway feature in front of the new development when approached from Ferry Road and has potential to include public art, which formed part of the original brief in the Sports Village as a whole. He realises this is an early concept plan and thinks it would be worthwhile preparing several options for future discussion.

5.55 Neighbourhood Regeneration: The Officer notes that if the developer provides the preferred option of the onsite community provision as part of the package of proposals then Regeneration would not look to request anything over and above what is set out in the previous Cardiff Pointe application request. If the developer does not provide the onsite facility then the additional 213 dwellings would factor into the collective calculation for offsite contributions.

5.56 Education Services: based on the number of dwellings proposed the Education service seeks a contribution of £308,000

5.57 Trees: The Trees Officer provides detailed comments on the suite of tree species proposed and planting methods and looks forward to receiving a detailed upfront landscaping scheme.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Countryside Commission for Wales: The CCW note that Cardiff Bay is in hydraulic connectivity with the Severn Estuary and that a potential pollutant linkage exists between the site and Cardiff Bay, that such a linkage may be created by piling activities during construction works, and therefore objected to the proposals and recommended that an Appropriate Assessment is carried out by the Council. On the basis of the Assessment (see Ecology response above) CCW have removed their objection subject to adding the designated sites to the reasons for each of the conditions.

6.2 Welsh Water: Welsh Water request conditions on separate drainage, no drainage of surface water to the public sewer unless otherwise approved in writing by the LPA, no land drainage run-off to discharge to the public sewer, and provision of a grease trap.

6.3 Cardiff Harbour Authority: No comments received to date. Any comments will be reported to committee as a late rep.

6.4 The Environment Agency: The EA has no objection to the above planning application as submitted, subject to conditions on flood risk, site drainage, contaminated land and pollution prevention, as follows: • Development to be carried out in accordance with the Flood Consequences Assessment (FCA) submitted by ARUPs and dated October 2012 which states that site levels are set no lower than 8.0m AOD. • A drainage scheme for foul and surface water drainage, including the installation of oil and petrol separators, be submitted for the approval of the LPA and implemented in accordance with the approved scheme and that the development will require an Environmental Permit for discharge to water from the EA. • A scheme for dealing with land contamination, comprising preliminary risk assessment, site investigation scheme, options appraisal and remediation strategy, and verification plan demonstrating completion of the works and including a plan for longer term monitoring and maintenance, be submitted for the approval of the LPA and implemented in accordance with the approved scheme. • Piling condition and unsuspected contamination condition. • A construction method statement to prevent pollution of the Bay/River Ely be submitted for the approval of the LPA and the works implemented in accordance with the approved method statement.

6.5 Police Architectural Liaison: South Wales Police state they have already commented on crime Prevention issues and have no further comment.

6.6 Cardiff Bus: No comments received to date.

6.7 Vale of Glamorgan: The Authority does not wish to make any observations other than welcoming Cardiff Council’s intention to secure a contribution from the developer towards facilitating improvements to the cycle /pedestrian links between the Sports Village and Cogan Station .

6.8 The Design Commission for Wales were consulted at pre-app stage (Design review October 2012). They supported the high level of ambition but raised the following concerns: • The problematic relationship with the existing pool and the unresolved difference in levels. A resolution of this issue is considered fundamental to the success of the scheme. • The boardwalk appears as a disparate series of spaces and needs a coherent treatment which maximises space and sunlight. • A sustainability and energy strategy which should inform the site layout and architecture is missing • More sections through the site and a physical model are required to justify views through the site and the impact of phasing • Premature to comment on the architecture given the more fundamental issues which remain to be resolved

6.9 Local Members: No comments received.

7. REPRESENTATIONS

7.1 The proposals were advertised as a major application in the press and on site, and Local Members and neighbours were consulted. Amended plans including a revised Environmental Statement in the form of an Addendum were advertised in the press and on site, and Local Members and neighbours and those who had made representations were consulted.

7.2 2no. emails from local residents of Watermark and Prospect Place have been received. The Prospect Place resident objects on the grounds that the proposals deliberately shift the social housing element to the Morrisons and ISV Offices site in order to retain higher property values on the premium (International Drive) development site. The Watermark resident objects on the grounds that the proposed development will block the view across the site to the Bay and Penarth Church beyond and would expect any development to be designed so as not to impair this view for residents of the watermark development.

7.3 2no. emails have been received supporting the proposals on the following grounds: the provision of a permanent ice rink is long overdue.

8. ANALYSIS

8.1 The main issues to be assessed are: a. Are the proposed land uses and quantities in this location acceptable? b. Is the design of the ice arena including associated public realm acceptable? c. Are the underlying design principles for the site as a whole acceptable? d. Is the impact on neighbouring amenity acceptable? e. Is the amenity of future residents acceptable? f. Are the proposals acceptable in terms of impact on the local highway network, access and parking provision? g. Are the proposals sustainable in economic, environmental and social terms? h. Are the Environmental Statement conclusions acceptable? a) Are the proposed land uses in this location acceptable?

8.2 The City Local Plan (1996) identifies the site as Business, Industry and Warehousing land (Policy 33); and Open Space (Policy 42). Under Policy 33 (Land for Business, Industry and Warehousing) part of the site is classified as Ferry Road which within the designation allows for lands to be used for leisure and other associated uses.

8.3 In relation to Policy 42, the open space requirements identified for Penarth Moors East, Ferry Road, could be accommodated within the wider ISV site.

8.4 The proposed development would accord with policy 2.13 of the Deposit Cardiff Unitary Development Plan (October 2003) which indicates that land at Ferry Road will be redeveloped for mixed use development including sports, leisure and residential uses, commercial uses necessary to secure the regeneration of the site and development of the sport and leisure facilities, and a public transport mode / interchange. It is not considered to be contrary to any local or national policies. NB Although not an adopted plan Assembly guidance states that the Deposit UDP may be a material consideration in development control decisions.

8.5 The principle of a leisure-based development at ISV has been previously established by outline application 01/2617R and successive amendments. In short it makes use of previously developed brownfield land, assists in the regeneration of Cardiff Bay and will provide a range of leisure, retail housing and employment opportunities for the local population, reducing the need to travel. It will also provide 2 significant leisure/ sporting venues that will attract users from around the city and the wider region and provide a significant economic boost for the City.

8.6 The principle land use issue to be assessed is whether the proposed level of commercial use in the form of fashion retail is justified.

8.7 If the retail element of the scheme were a stand- alone development it would be unacceptable in retail policy terms on grounds of lack of demonstrable need, failing the sequential test and potential harmful impact on the city centre.

8.8 However the retail component of the scheme is proposed as an integral enabling part of the delivery of the International Sports Village and, subject to conditions to limit the total retail floorspace and control the range of goods that can be sold, is considered justifiable as enabling development to secure the significant regeneration benefits for Grangetown and for the City. The proposals are for a leisure destination with a limited A1/A3 retail element, not for a retail destination, and given the long-term aspirations of the Council to deliver the ISV a refusal of planning permission on retail policy grounds would therefore be difficult to justify. b) Is the design of the ice arena including associated public realm acceptable?

8.9 The architects have developed a strong design concept based on a multi- faceted form that succeeds in breaking up the considerable mass of the building and this translates into a striking building. It is a very different architecture from the glassy curved International Pool but the context of the ISV site, essentially a blank canvas, allows for such contrasting architectural statements.

8.10 The outline proposals which set the context for the Ice Arena demonstrate that the proposed location and design (for which detailed PP is sought) is appropriate in the context of the development of the wider ISV site.

8.11 The siting, scale, design and acoustic performance of the permanent building will be a significant improvement on the temporary structure and is acceptable.

c) Are the underlying design principles for the site as a whole acceptable?

8.12 Design principles: Access (pedestrian and vehicular), layout and scale, permeability and legibility, the concept of a raised plinth segregating vehicles from pedestrians and a lowered central waterfront plaza, the incorporation of a landmark building and its location on the waterfront, and the relationship of the development as a whole to Cardiff Bay and to neighbouring development are all acceptable.

8.13 The quality of the proposed architecture and materials palette for buildings and public realm, as indicated in the accompanying DAS, is acceptable subject to further details and discussion at the reserved matters stage.

8.14 The variety of uses on the site – leisure, commercial, retail, café/restaurant, art gallery enables the site to be used by different people over different timescales. This will help the ISV to become a more socially varied and sustainable development.

8.15 The proposals are broadly consistent with the previous masterplan in terms of proposed uses, access and transport strategy, and requirement for an east- west pedestrian / cycle route linking a significant waterfront space on the Bay to the Pont-y-Werin footbridge.

8.16 Design Commission for Wales Review: The issues raised by the DCfW at the pre-application stage have been addressed by the amended plans which lowered the level of the plinth significantly and re-engineered the main entrance plaza to integrate the existing Pool in to the proposals. Sufficient sectional information and a physical model have been provided. Sufficient details of the central plaza space and boardwalk have been addressed to allay any potential concerns over the quality of the route and the space. The architecture of the Ice arena has been revised and is considered acceptable. The indicative details provided for the remainder of the scheme are also considered acceptable subject to further discussion at the reserved matters stage.

8.17 Phasing arrangements and enabling works: The Applicant has made a commitment to the prompt delivery of the Ice Arena, which is secured through the Development Agreement with the City Council and is also tied into the Planning Obligations relating to the neighbouring housing developments on Cardiff Pointe and ISV Site 2. Once the S106 Agreement is completed and the formal decision issued by the Council the Applicant is intending to discharge any pre-commencement Planning Conditions as soon as practicable to enable an early start on site.

8.18 An enabling works application (12/1188/DCI) that seeks permission for temporary car parking and access arrangements is currently under consideration. The enabling works proposals are acceptable subject to a pre- commencement condition requiring the submission of detailed proposals for all these areas. d) Is the impact on neighbours’ amenity acceptable?

8.19 The main long-term impacts on neighbouring residential amenity will be noise breakout from commercial development on the site and from increased traffic levels, and overbearing impact on the Watermark residential development.

8.20 Noise: Noise has been assessed as part of the EIA. This assesses the effects of changes in noise arising from the proposed development on the surrounding area. A noise survey was carried out in June 2012 at a number of locations around the perimeter of the site at different hours of the day and night and the following noise sources were assessed: Temporary effects from construction; building services noise associated with indoor ski slope, ice arena and commercial buildings; amplified music and entertainment noise associated with the ice arena and cinemas; patron noise; and road traffic noise.

8.21 Construction noise: Significant but capable of mitigation and temporary in nature.

8.22 Building services and service yard noise: Building services noise will be controlled by condition. Service yard noise is not expected to be significant as the yard is located within the MSCP.

8.23 Amplified music/ entertainment noise: It is assumed that the various venues within the proposed development will be in constant use throughout the year, thus noise emissions from the source will occur frequently (more than once a week and after 23:00 hrs), warranting strict noise level requirements. The ES proposes limits that represent a suitable design standard in order to protect the nearest noise sensitive building. These limits have been agreed by Pollution Control and incorporated into planning conditions intended to control both breakout noise through design of building envelope and maximum amplified music noise levels.

8.24 Road traffic noise: Generally the net effect of the increased traffic noise associated with the proposed development is negligible. The impact on neighbouring residents in Ferry Road is significant because of the location of the multi-storey car park on International Drive but is considered acceptable – see assessment of ES below.

8.25 Overbearing & overshadowing impact: The overbearing impact of the ski slope on the Waterside residential development (the ski slope is approximately 15m higher than the roof of the 10 storey Watermark Apartments) is considered acceptable given that the apartment block is aligned north-south and steps back at each floor. Separation distances from habitable room windows are therefore approximately 20m at first floor level and 50m at the ninth floor level.

8.26 There will be a degree of overshadowing (particularly for the lower floors) as the ski slope is due south of the residential block but this again is considered acceptable given that the most affected apartments will continue to receive sunlight at the equinox for most of the morning and part of the afternoon

e) Is the amenity of future residents acceptable?

8.27 The main long-term impacts on the amenity of new residential development (213 dwellings) will be noise breakout from commercial development on the site and from increased traffic levels, and provision of open space and community faculties.

8.28 Noise: The assessment of intradevelopment noise is not a requirement of the EIA but is required in support of the planning application, in particular where noise from leisure/commercial activities potentially impacts upon new residential development. TAN 11 planning guidance is relevant for assessing the proposals in relation to the amenity of future residents and is assessed separately in an Appendix to the ES.

8.29 The TAN 11 assessment deals first with existing noise sources on the site – road traffic and swimming pool plant noise on future residential development and the impact of future on-site commercial development on residential development.

8.30 The TAN11 assessment concludes that the existing noise climate is dominated by road traffic and that the site is in Noise Exposure Category B (NEC B) during both the day and night. For NEC B sites TAN11 advises that noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection against noise.

8.31 This assessment applies to the locations of the most exposed facades on the site. The buildings closest to the roads will act as noise screens meaning that the remainder of the site will be exposed to substantially lower levels of noise than those at the perimeter.

8.32 Swimming Pool building services noise: During the day this is not considered to be a problem due to masking background traffic noise. At night the rating level is 4dB above representative background level which is defined as very low in BS4142 1997 Method for rating industrial noise in mixed residential and industrial areas.

8.33 Plant noise of proposed commercial buildings will be controlled by standard condition. Breakout noise from D2 leisure venues will be controlled through planning conditions intended to control both breakout noise through design of building envelope and maximum amplified music noise levels, standard conditions relating to the construction of party walls and party floor/ceilings, and a noise vibration condition for residential properties located in the same building as D2/A3 uses.

8.34 In addition to these measures to control noise at source suitable internal noise levels can be achieved within dwellings through the use of acoustic glazing and other measures. This is covered by a modified standard road traffic noise condition that requires all habitable rooms in dwellings be subject to sound insulation measures to achieve a maximum internal noise level.

8.35 Wind & Microclimate: The ES concludes that wind conditions are expected to remain exposed but acceptable for walking with very strong winds at ground level in the vicinity of tall buildings. A condition has been attached requiring further wind tunnel testing to determine appropriate mitigation measures for reducing wind effects at the detailed design stage prior to the commencement of those phases of the development which include tall buildings (buildings of 8 storeys and above).

8.36 Open space provision: Open space provision is acceptable both in terms of area and orientation/ amenity. The main Central plaza will benefit from an outlook over the Bay, a degree of protection from winds by virtue of being lowered, and acceptable levels of sunlighting. A financial contribution for improvement of open space in the vicinity has been secured in accordance with the SPG to offset the shortfall in provision (based on the number of residential units proposed).

8.37 Public realm and landscaping: Detailed upfront public realm proposals for Phase 1 and a public realm strategy for the remainder of the site (prior to occupation of the Ice Arena) are required by condition and standard landscaping conditions are attached.

8.38 Pedestrian and cyclist access: Conditions requiring the provision of a temporary pedestrian and cyclist route across the site and upgrading of the relevant section of the Bay boardwalk in order to ensure adequate ped/cyclist access to Ice arena and Pool from the Cardiff Bay Trail are also attached.

8.39 Community facilities provision: Community facilities for the consented Cardiff Pointe residential development are to be located within the Phase 1 Ice Arena and form part of the Cardiff Pointe legal agreement. Neighbourhood Regeneration do not require any additional community facility provision or contribution provided that the Cardiff Pointe legal agreement is fully implemented. The legal agreement for the proposals under consideration will therefore make similar provision of community uses within the Phase 1 Ice Arena (consistent with Cardiff Pointe legal agreement).

f) Are the proposals acceptable in terms of impact on the local highway network, access and parking provision?

8.40 Impact on highway network: The predicted impact on the highway network is acceptable – see assessment of ES below.

8.41 In the TA trip generation has been largely informed by the precedents set out in the 2005 analysis. As such it is assumed that the modal split of the trips associated with the proposed development is in line with the agreed approach in the 2005 TA. This assumes a modal split for external person trips to the ISV of 80% car and 20% other (foot, bike, bus, coach) on weekdays, and 88% car and 12% other on weekends.

8.42 In terms of existing conditions, it is useful to compare traffic levels on the Cogan Spur at the primary access junction from the 2004 and 2012 counts.

Scenario AM Peak Hour PM Peak Hour 2004 Traffic Count 3,198 2,997 2012 Traffic Count 3,058 3,580

8.43 The reduction in traffic volumes observed in the AM peak between 2004 and 2012 is likely to be related to a combination of effects. Locally, there have been improved walking and cycling links between Cardiff and Penarth with the opening of the Barrage and Pont-y-Werin Bridge, along with improved public transport services, leading to a modal shift to more sustainable travel modes. In addition, national trends have also shown a reduction in car travel due to increased fuel prices and the economic downturn.

8.44 The increases in the PM peak over the same time period are largely related to the partial development on the CISV site, in particular the retail and International Pool which are more likely to attract visitors in the evening.

8.45 Parking: The proposal is for a 1300 space multi-storey car park. The site is in the Central Area as defined in the 2010 Access, Circulation and Parking Standards SPG and parking guidelines indicate a maximum parking provision of approximately 1,000 spaces. However the standards recognise that there may be situations where the standards should be applied in a flexible way and list a number of factors to be taken into account in assessing parking provision, including the nature and type of development.

8.46 In this case it is considered that the strategic nature of the development (leisure facilities likely to attract visitors from a much wider catchment area than the city), and in particular the level of demand likely to be generated by the Ice Arena and the natural snow ski slope, justify an increase in the number of parking spaces associated with these uses. Accordingly the figures for the leisure facilities are based on comparable facilities and in the case of the Ice Arena on estimated levels of use extrapolated from the existing facility.

8.47 The 2003 outline planning application proposed a total of 5,300 parking spaces. Taking into account parking associated with implemented and consented development to date (Morrisons, ToysRUs, Watermark and Cardiff Pointe) this number reduces to 3,659. This residual figure was based however on earlier SPG which has been superseded by the 2010 SPG. The current parking standards are intended to help reduce traffic growth, reduce reliance on the car (especially single occupancy car travel) and encourage the use of alternative means of transport. It is in this context that the proposed figure has been negotiated.

8.48 Following the reduction of the multi storey car park capacity, the proposed parking provision for the different uses and different sites are considered to be in-line with the limits identified in the adopted Access Circulation and Parking Standards SPG. The proposed car parking and servicing identified in the revised submissions are therefore considered to be acceptable subject to the proposed conditions relating to maximum capacity and allocation (limiting parking for retail, gallery, total and residential uses to maximum figures in line with the 2010 SPG), provision of car park management plan, standard loading and parking condition and temporary parking condition.

8.49 An independent audit of the TA was carried out in line with the 2010 SPG concluded that the TA’s methodology follows best practice and that the conclusions are robust. g) Are the proposals sustainable in economic, environmental and social terms?

8.50 The socio-economic effects are beneficial including creation of jobs, provision of affordable housing, and increased sporting and leisure opportunities for Cardiff and the wider area. The development will contribute significantly to the ongoing regeneration of Cardiff Bay and south Grangetown.

8.51 The environmental impact has been assessed and is acceptable. Traffic impacts are minor adverse and the landscape and visual impact, subject to design, is assessed as significantly beneficial. It makes use of previously developed brownfield land, and will provide a range of leisure, retail housing and employment opportunities for the local population, reducing the need to travel. It will also provide 2 significant leisure/ sporting venues that will attract users from around the city and the wider region and provide a significant economic boost for the City.

8.52 The pre-assessment report indicates that the Ice Arena development will achieve A BREEAM ‘Very Good’ rating. It is the intention that the later phases achieve either BREEAM ‘Very Good’ or Code for Sustainable Homes Level 3 rating and conditions have been attached to this effect.

h) Are the Environmental Statement conclusions acceptable?

8.53 The LPA cannot grant planning permission unless it has taken the "environmental information" into consideration and it states in its decision that it has done so - Reg 3 (2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The Environmental Statement (Non-Technical Summary) concludes that the likely environmental effects arising from the scheme are as follows:

8.54 Ecology & Nature Conservation: An extended Phase 1 Habitat Survey of the site and surrounding area was carried out. The site is of limited value for protected or otherwise notable species. There are no nature conservation designations covering the site or within the immediate vicinity. The loss of habitats and any potential disturbance arising from construction would be minor adverse impact that is not significant.

8.55 Geology, Soils and Water: The site was reclaimed from mudflats in the late 1800s and occupied since then by storage yards, warehouses and small industrial units. The western part of the site formed part of a wider area landfill for domestic refuse in the 1970s and 1980s. The site was remediated as part of the wider area between 2003 and 2005 by removing and treating contaminated soils. The work mitigated the risks from contamination to a level that was acceptable for the use of the site at that point; however further mitigation measures were required should redevelopment go ahead on the site. Providing these mitigation measures are implemented together with others required during the construction phase the residual risks are assessed as being negligible. The site is not at risk of flooding.

8.56 Transportation: During construction the effects would be minor adverse. During operation, and where mitigation measures are implemented, it is considered that there will be a moderate adverse impact on highway networks. This would be countered by a minor beneficial impact on public transport provision (i.e. dedicated bus routes), a neutral effect on increased activity on public transport networks, and a positive effect on pedestrian access.

8.57 Noise and Vibration: Baseline noise levels established by June 2012 survey. The assessment concludes that with the inclusion of environmental design/ design mitigation combined with appropriate planning conditions noise effects would be negligible.

8.58 Air Quality: The development will not have a significant effect on AQ within any of Cardiff’s Air Quality Management Areas (AQMA). Mitigation measures are proposed to reduce potential effects during the construction phase. Once built the the development will not have any significant AQ effects.

8.59 Landscape and Visual Impact Assessment: The proposals introduce taller buildings within the urban landscape and significantly change existing views. Viewpoints agreed with Cardiff Council have been assessed. The cumulative impact of this development, Cardiff Pointe and Bayscape will result in a clustering of taller buildings. The effect on the landscape character (the wider setting) ranges from negligible to minor adverse. The visual impact is considered to be significant and adverse however this could be mitigated by good quality design, architecture and landscape treatment. On this basis the residual impact of the development is anticipated to be significant and beneficial.

8.60 Socio-Economic Assessment: All socio-economic effects are beneficial including creation of jobs, provision of affordable housing, and increased sporting and leisure opportunities for Cardiff and the wider area.

8.61 Cultural Heritage: Seventeen sites of archaeological interest have been identified within the proposed development area. All are of relatively recent date and in a severely damaged or destroyed condition and therefore of minor or local interest. Development is unlikely to result in a significant reduction in heritage value on the site.

8.62 Environmental Winds: Wind conditions are expected to remain exposed but acceptable for walking with very strong winds at ground level in the vicinity of tall buildings. Further wind tunnel testing is required to determine appropriate mitigation measures for reducing wind effects at the detailed design stage.

Assessment of the conclusions reached by the Environmental Statement (ES) 8.63 It is considered that the ES and Addendum to the ES have properly assessed the likely environmental effects of the development as amended. Impacts during both the construction and operational phases have been assessed as has the cumulative impact of this development taken together with planned development on the wider ISV site and in the vicinity (Bayscape, Penarth Heights and Cardiff Pointe). The scope and methodology of the EIA is acceptable.

8.64 Ecology and Nature Conservation and Geology, Soils and Water: The impact is assessed as being minor adverse and therefore not significant. The impact on Geology, Soils and Water is assessed as being negligible and therefore not significant although it is noted that mitigation measures for pile design and creation, together with further groundwater and/or soil remediation may be required in order to ensure that a negligible residual risk exists in the long term.

8.65 The conclusions reached by the EIA are broadly acceptable however the EIA identifies ‘a potential pollutant linkage exists between contaminated perched groundwater and the deeper groundwater within the fluvioglacial sands and gravels and surface water in Cardiff Bay, which may be created by piling activities during construction’ and CCW note that Cardiff Bay is in hydraulic connectivity with the Severn estuary and therefore a potential risk to the Severn Estuary SPA, SAC, RAMSAR sites.

8.66 CCW objected on this basis and recommended that an appropriate assessment be carried out. The Council carried out a Habitats Regulations Appraisal (HRA) in accordance with the Conservation of Habitats and Species regulations 2010 which requires such an assessment to be made where a project is likely to have a significant effect on a European site.

8.67 The HRA concluded that provided the planning conditions set out in Section 8 of the report (conditions proposed by the Environment Agency which if implemented in full will ensure a scheme of risk assessment, site investigation, remediation, verification of implementation and long-term monitoring is put into place) are attached to any consent, and are implemented in full, the project should be considered as not adversely affecting the integrity of the Severn Estuary SAC, SPA and RAMSAR site. CCW have consequently removed their objection.

8.68 Noise and Vibration: The impact of changes on the surrounding area is assessed as being negligible subject to the inclusion of environmental design/ design mitigation combined with appropriate planning conditions, except for the cumulative road traffic noise along International Drive, Ferry Road, and Olympian Drive where the residual noise effects would be significant.

8.69 The conclusions reached by the EIA are broadly acceptable. It is noted that in the case of the existing Watermark residential development, which is the closest residential development to the site, the impact of increased road traffic noise at the roundabout junction of International Drive and Ferry Road will be significant adverse, and that the ES states that there are no practicable measures available to control the road traffic noise impacts.

8.70 To address this impact a condition has been attached limiting the hours of delivery to the service yard on International Drive to the daytime and evenings. Hours of operation of the D2 leisure uses and the A3 food and drink uses are also controlled through condition to limit visitors using the multi- storey car park to daytime and evening hours.

8.71 Given the overall benefits of the scheme in terms of regenerating the area the significant increase in road noise for the residents of Watermark, and to a lesser extent the residents of the adjacent residential development on Ferry Road, is considered acceptable.

8.72 Vibration associated with the building works will be the subject of a construction management plan which will require best practice.

8.73 Air Quality: The assessment comprises a review of the existing AQ in the vicinity of the site including data on industrial pollutant sources, road sources and NO2 and PM10 concentrations; a qualitative assessment of the potential changes in AQ arising from construction activities; a quantitative assessment of the potential changes from traffic associated with the development using the ADMS-Road dispersion model and interpreting the results using the EPUK guidance which results in a forecast of pollutant concentrations arising from increased traffic at selected properties (receptors). The scope of the assessment has been agreed with the Council.

8.74 Subject to site specific mitigation measures for high risk sites the dust emitting activities associated with construction can be significantly reduced and the risk reduced to negligible. The traffic emissions from the proposed development are expected to have a negligible impact on NO2 and PM10 concentrations at all receptors.

8.75 Socio-economic Development: The impact is assessed as significant beneficial. The conclusion reached by the EIA is acceptable.

8.76 Local wind environment: The impact is assessed as likely to be adverse in the vicinity of tall buildings but capable of mitigation at the detailed design stage. Subject therefore to a condition requiring appropriate wind tunnel testing at the reserved matters stage in order to establish the extent and nature of the mitigation measures required the potential environmental effects are considered acceptable.

8.77 Transportation: It is noted that the Environmental Statement also suggests that the proposed development would have a ‘moderate adverse’ impact on the highway network. However, this is mitigated by the highway improvements and travel plan, and related items. The residual effect of the proposed development would be reduced to ‘minor adverse’ following the implementation of the mitigation measures.

8.78 It must also be noted that the ‘moderate adverse’ effects are derived from the assessment of the proposed development against the 2012 baseline conditions. However, following the approval of the 2005 masterplan, a series of significant infrastructure improvements were implemented to mitigate the forecasted traffic impact. As the site has only been partially developed since completion of the improvements, there is comparatively significant spare capacity in the network and traffic conditions are therefore better now than in 2005. As such, the traffic generated by the proposed development can be accommodated within this spare capacity, and if measured against the 2005 baseline conditions would have a ‘neutral’ effect.

8.79 The analysis concludes that the highway network will operate satisfactorily with the proposed development and confirms that the predicted queuing is actually reduced when compared to that predicted in the 2005 analysis. The current proposals would therefore result in slightly improved traffic conditions compared to those approved in 2005, despite a minor adverse impact compared to current traffic levels.

8.80 In relation to the highway impact assessment the independent audit of the Transport Assessment concludes that the local highway network can accommodate the predicted (robust) traffic volumes as a result of the proposed CISV waterfront development, as well as the committed, consented and constructed developments in the wider ISV area.

8.81 The site is well-connected to public transport (frequent bus services to the city centre and close to Cogan railway station), which will improve as a result of the relocation of the bus stop and agreed financial contribution to improving the bus service, and will be fully integrated into the Cardiff Bay trail and the City’s strategic cycle network. It will also benefit from very good pedestrian access/permeability as a result of the proposals which open up the site and provide a number of quality public open spaces and further enable a direct east-west pedestrian/cyclist route linking the Cardiff Bay Trail directly to Cogan and Penarth via the Pont-y Werin footbridge.

8.82 Mitigation measures include submission of a Travel Plan, financial contribution towards Variable Messaging Signage and public transport improvements, provision of a waterbus stop and Cogan Station pedestrian link improvements. Subject to these mitigation measures being secured by condition and/or a legal agreement and the improvements to the pedestrian cyclist network integral to the scheme the conclusion reached by the EIA is acceptable.

8.83 Landscape and Visual Impact Assessment (LVIA): The ES identifies 13 landscape character areas within the 3km study area for the purposes of the landscape impact assessment, including Cardiff Bay, Cardiff Urban, Taff Corridor, Ely Corridor, Penarth and the Severn Estuary. In agreement with the Council 8 key viewpoints were selected for the purposes of the visual impact assessment. The agreed viewpoints are: Cardiff Bay Wetland Nature Reserve; Norwegian Church; Cardiff Bay Barrage; Paget Road, Penarth; Pont-y-Werin Footbridge; Prospect Place; Grangemoor Park; and Leckwith Hill.

8.84 The two principal criteria which determine the significance of an effect, landscape or visual, are the sensitivity of the receptor (be it landscape character or key view) and the magnitude of the impact.

8.85 Effects may be beneficial or adverse and very substantial, substantial (major), moderate, minor or negligible. A beneficial effect occurs where the development complements or contributes to the landscape character or view, strengthening or adding positive qualities and characteristics that were not previously present. Adverse effects occur where the development introduces elements that are discordant with a landscape character or view, or which detract from the existing condition. For example a large magnitude adverse impact on a high sensitivity landscape character or key view will result in a major adverse effect.

8.86 In general a substantial (major) effect is likely to be a very important consideration at a local or district scale and, if adverse, of potential concern to the development and material in the decision-making process. A moderate effect, if in isolation, is important at a local scale but is unlikely to be a key decision-making issue. Nevertheless the cumulative effect of such issues may influence decision making if they result in an overall adverse effect on a particular area or resource.

8.87 The assessment of effect is therefore based on an established methodology but remains to a degree subjective. It should be noted that an adverse effect is capable of mitigation (primarily through either screening and/or quality of architecture and landscaping) and that assessing design quality is also to a degree subjective.

8.88 Landscape Impact Assessment: The impact of the development is most direct on the two areas closest to the site with unrestricted views of the development and is assessed as moderate adverse (Cardiff Bay & Barrage; Grangemoor Park). This conclusion is qualified by stating that subject to the quality of the design the impact on these 2 areas could be considered minor beneficial as the development will give identity and legibility to a disjointed, featureless and visually unattractive area of the Bay.

8.89 On the other 11 landscape character areas the impact is assessed as minor beneficial (1), negligible (6), or minor adverse (6). On balance the impact on the landscape character following successful mitigation is assessed as moderate beneficial. Given the level of design quality demonstrated by the indicative outline proposals under consideration the conclusion reached by the EIA is considered acceptable.

8.90 Visual Impact Assessment: The ES identifies a major adverse impact on 1 of the 8 agreed viewpoints (Prospect place), a moderate adverse impact on 4 of the 8 viewpoints (Cardiff Bay Wetland Nature Reserve, Cardiff Bay Barrage, Paget Road, Penarth, and Grangemoor Park), a minor adverse impact on 2 of the 8 viewpoints (Norwegian Church and Leckwith Woods, Cockhill), and a minor beneficial impact on 1 of the 8 viewpoints (Pont-y-Werin Bridge).

8.91 The visual impact on the Prospect Place viewpoint is identified as major adverse because of the high sensitivity of the viewpoint (residents living in close proximity to the development and recreational users of the Cardiff Bay Trail), and the large magnitude of impact on visual amenity (the foreground buildings are tall and would be significant visual features).

8.92 The visual impact on the Cardiff Bay Wetland Nature Reserve, Cardiff Bay Barrage, Paget Road, Penarth, and Grangemoor Park viewpoints is identified as moderate adverse because of the medium/high sensitivity of the viewpoints (all public recreational viewpoints except for Paget Road which is representative of medium range views from the residential areas of eastern Penarth and Cogan) and the medium magnitude of the impact on visual amenity.

8.93 For the other 3 key viewpoints (Norwegian Church, Leckwith Woods and Pont-y-Werin Bridge) the impact is assessed as minor adverse or minor beneficial in the case of the view from Pont-y-Werin footbridge.

8.94 On balance the impact on visual amenity following successful mitigation is assessed as moderate beneficial. It is acknowledged that the development has the potential to contribute positively to the urban fabric of the city and become an iconic focal point for Cardiff Bay and given the level of design quality demonstrated by the indicative outline proposals under consideration the conclusion reached by the EIA is acceptable.

8.95 The cumulative impact of this development, Cardiff Pointe and Bayscape developments has also been assessed. The effects on some of the landscape character areas and key viewpoints change as a result of considering the impact of these developments together however the assessment concludes that the resultant clustering of taller buildings within these open and expansive views across the Bay defines the ISV and has the potential to enhance the skyline.

8.96 Given the level of design quality demonstrated by the indicative outline proposals under consideration and the fact that the 32 storey landmark tower will share the same design language as the consented Cardiff Pointe residential tower blocks and be read as a coherent whole in key views across the Bay, and the quality of the indicative designs submitted for the Bayscape proposals, the conclusion reached by the EIA on the cumulative impact of the development is considered acceptable.

8.97 All environmental information including the ES, Addenda to the ES and relevant consultation responses have been taken into consideration. The impact of the proposals (post-mitigation) on the environment are considered acceptable.

Other matters

8.98 Representations: The objection relating to the location of the social housing element to the Morrisons and ISV Offices site relates to the previous Cardiff Pointe residential development. The current proposals include 213 dwellings on the site of which 41% are to be affordable housing, which is fully compliant with planning policy and guidance.

8.99 The objection on the grounds that the proposed development will result in the loss of views to the south for the residents of Watermark is not a material consideration. Loss of view is not a factor in determining planning applications and it would not be reasonable to limit development on the site in order not to impair the views of neighbouring residents. It should be noted in this case that the changed outlook to the south will not cause unacceptable harm to the amenity of the watermark residents and that long views to the east over the Bay for those residents are not affected by the proposals.

8.100 Neighbourhood Planning (Equality Impacts Officer) was consulted but provided no comments. The proposals have been assessed and it is considered that there are no apparent adverse differential impacts arising from this development. A condition has been added requiring the submission of a detailed disabled access strategy.

8.101 This assessment recognises the public sector equality duty (section 149 Equality Act 2010) and aims to demonstrate that, from an equality perspective, due regard has been given to any actual or potential differential impact of the planning application on the needs of those with protected characteristics. It is noted that the EA 2010, amongst other things, imposes a duty to make reasonable adjustments (section 20) and a requirement - where a provision puts a disabled person at a substantial disadvantage - to take such steps as it is reasonable to take to avoid the disadvantage, including removing the physical feature in question, altering or providing a reasonable means of avoiding it.

8.102 In addition to the consultation set out above, notice of the application via the weekly list was sent to the Cardiff & Vale Coalition of Disabled People, now Diverse Cymru.

9. CONCLUSION

In conclusion the issues have been addressed as follows:

9.1 Land use: The proposed uses comply with national and local policy and guidance. In relation to the quantum of A1 fashion retail in an out-of-centre location this is considered justifiable as enabling development for the delivery of the ISV and the Council’s wider regeneration aspirations for the area and the city, subject to the relevant conditions outlined in the analysis above.

9.2 Design: The ice arena benefits from a strong design concept and together with the International Pool and associated public realm defines an acceptable vision for the future development of the ISV.

9.3 Outline proposals: Access (pedestrian and vehicular), layout and scale, permeability and legibility, the concept of a raised plinth segregating vehicles from pedestrians and a lowered central waterfront plaza, the incorporation of a landmark building and its location on the waterfront, and the relationship of the development as a whole to Cardiff Bay and to neighbouring development are all acceptable.

9.4 Public realm & landscaping: Acceptable subject to further details.

9.5 Transportation issues: The number of parking spaces provided meets policy guidelines and is acceptable. The impact of the development on the local traffic network is acceptable, subject to the relevant conditions and s106 matters outlined in the analysis above.

9.6 Impact on neighbouring residential amenity and the amenity of proposed residential development is acceptable.

9.7 All environmental information including the ES, Addenda to the ES and relevant consultation responses has been taken into consideration. The environmental impact of the proposals on the environment are considered acceptable.

9.8 The granting of planning permission is recommended subject to conditions being imposed and a legal agreement (Section 106) securing the following: • £200,000 per year for 3 years from occupation of the first phase of development (or other phase as may be agreed), for the improvement of bus public transport services to/from the site. • £200,000 toward the provision and installation of 2 traffic management VMS for the management of traffic associated with the site. • £50,000 towards the upgrading of pedestrian and cycle connectivity to Cogan Rail Station. • Waterbus Stop/Mooring Provision: The details of a Waterbus stop/mooring and timing of its provision are to be submitted to and agree in writing with the LPA. The Waterbus stop/mooring is thereafter to be implemented in accordance with the agreed details. • £308,000 towards the improvement of education services in the vicinity • £100,228 towards the improvement of open space in the vicinity • £15,760 to cover the cost of additional waste bins. • 41% of the total number of residential units to be provided as affordable housing (equating to 87 affordable units). A maximum of 10% to be social rented accommodation, remainder to be intermediate rental accommodation set at a rent level of 80% Local Housing Allowance rate, management to be provided by a Registered Social Landlord (RSL) with Welsh Government approved development status. Level of affordable housing to be assessed by the District Valuer at the time that the Reserved Matters application for the housing is submitted. All as outlined in Housing Strategy response dated 16th April 2013. • No class A1 to be operational (excluding ancillary retail within ice arena) until a contract for the development of the Phase 2 snow/ski facility has been signed and contractor is on site. Reason: To minimise potential trade draw from the city centre and ensure an orderly form of development and delivery of the main leisure facilities. • MSCP pricing structure • Ice Arena community uses (consistent with Cardiff Pointe s106) • Public right of way connecting existing Bay edge walkway to main entrance plaza on Olympian Drive • In the event of the strip of land between the main entrance plaza and the pool coming into Council ownership the main entrance plaza shall be extended to integrate the pool as indicated on dwg. no. ARCH-MP- SK(10)Z111B (Level 01 Alternative ramp access site plan). To be implemented within 2 years of the change of ownership.

9.9 The legal agreement shall specify those obligations that are to be delivered as part of Phase 1 (Ice Arena and associated public realm), namely: • Highway and environmental improvement works to Olympian Drive including relocation of bus stop to location adjacent to main entrance plaza and works to existing bus stop to provide coach parking and provision of pedestrian/cyclist crossing linking new entrance plaza to Toys R Us on Olympian Drive; • Provision of temporary east-west pedestrian/cyclist link from Bay edge walkway to main entrance plaza and upgrading of section of existing walkway from NE corner of site to proposed east-west pedestrian/cyclist link; • Designation of temporary east-west pedestrian/cyclist link as public right of way • Provision of community uses within Phase 1 Ice Arena (consistent with Cardiff Pointe legal agreement dated 5.4.13).

50 Rev K North 40 Drawn Date Checked PH 26.03.2013 NM PH 13.03.2013PH JJ 26.02.2013 NM PH 23.11.2012 NM PH 25.10.2012 JJ PH 23.10.2012PH JJ 12.10.2012 JJ 30 3 Callaghan Square Cardiff CF10 5BT 568686 (0)1483 T +44 575830 (0)1483 F +44 W scottbrownrigg.com 20 PLANNING 10 Planning Information Planning application arena ice and access yard service amended square and public ramp entrance amended scale shown, ice arena around boundary added arrow north and bar added application shown stairs external and ramps metres KJH Suplementary Amended, Line Red G shown area entrance of Landscaping detailed into moved area Arrival PHFand park car ramp, entrance Main 18.03.2013 JJ E main 3.5m, to reduced level Plinth DC amended boundary line red amended boundary line Red B 3m and lines blue issue, Planning A PH detailed around line and lines Blue PH 13.11.2012 line, red within moved block Residential 06.11.2012 JJ JJ Revision Description Drawing No ARCH-MP-GA(10)Z500 Client's Name Job Title TitleDrawing Scale Job No Status 14664 © Scott Brownrigg Ltd Figureddimensions only are to be taken are to dimensions All drawing. from this be checkedsite on beforeanywork is hand. put in Helium Miracle 113 CISV 1 : 1250 @A1 Red Line Plan DRAWINGS FOR ILLUSTRATIVE PURPOSES ONLY 3m perimeter around ice arena to form Phase 1 - detailed application Jetty

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South West Elevation

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Client's Name Helium Miracle 113

Job Title ISV Ice Arena

Drawing Title

Ice Arena Elevations

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Drawing No ARCH-ICE-PR(11)Z100

Job No Status Rev 14664 PLANNING E

South East Elevation