Cambrian Marina and Land Adjoining Watkiss

COMMITTEE DATE: 12/03/2014

APPLICATION No. 13/310/DCI APPLICATION DATE: 04/03/2013

ED: GRANGETOWN

APP: TYPE: Section 73

APPLICANT: Bayscape Limited LOCATION: CAMBRIAN MARINA AND ADJOINING LAND, WATKISS WAY PROPOSAL: VARIATION OF CONDITIONS 1, 2, 9, 13, 15, 17, 25, 26, 30, & 31 OF OUTLINE PERMISSION 08/2191/C TO ALLOW FOR PHASED IMPLEMENTATION AND AN INCREASE IN THE AMOUNT OF DEVELOPMENT. ______

RECOMMENDATION 1: That, subject to relevant parties entering into a binding legal agreement with the Council under the provisions of SECTION 106 of the Town and Country Planning Act 1990, within 6 months of the date of this Resolution unless otherwise agreed by the Council in writing, in respect of matters referred to in Section 4 of this report, planning permission be GRANTED subject to all the conditions specified in the report on application no. 13/310/DCI considered at Planning Committee of 12th June 2013 except for Condition 1 which shall be varied to read as follows:

1. Outline permission

A. Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters"), shall be obtained from the Local Planning Authority in writing before each phase of 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 any buildings to be erected, the means of access to the site 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 Phase 1 reserved matters shall be made to the Local Planning Authority before the expiration of eighteen months from the date of this permission. Application for approval of the Phase 2 reserved matters shall be made to the Local Planning Authority before the expiration of five 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.

E. The development may be implemented in two phases as shown on the diagram at page 12 of the Design and Access Statement 2 (dated Feb 2013).

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.

1. BACKGROUND

1.1 The above application was considered by the Planning Committee on 12th June 2013, when it was resolved to grant permission subject to the signing of a legal agreement under Section 106 of the Town & Country Planning Act (see Appendix 1. for 13/310/DCI report to Planning Committee).

1.2 The agreement has not been signed and in the interests of seeing an important residential site developed as soon as possible this supplementary report seeks approval for a further variation of condition 1 requiring application for approval of reserved matters for Phase 1 of the works to be made within 18 months of the granting of permission, and a modified legal agreement that reduces the s106 financial contributions for Phase 1 of the works (residential element) provided that:

• A building works contract for Phase 1 of the works is let within 6 months of approval of reserved matters. • On practical completion of the residential component a further viability assessment is undertaken to establish the level of financial contributions payable up to the maximum agreed at the time the committee resolved to grant outline consent. • Phase 2 of the works (hotel development) is subject to a further viability assessment to establish the level of transportation-related and other relevant s106 obligations up to the maximum agreed at the time the committee resolved to grant outline consent.

1.3 Resolution to grant planning permission is subject to a legal agreement is to secure the following:

(i) An off site open space contribution which accords with the formulae in the Council’s Open Space SPG (March 2008). (ii) A community facilities contribution which accords with the formula in the Community Facilities and Residential Development SPG (March 2007). (iii) An affordable housing contribution at a rate of 20% for the first 103 units (as secured in the s106 agreement dated 29 September 2010) and 40% for the additional 22 units. This amounts to the following number of affordable housing units: 20% x 103 = 21 units; 40% x 22 = 9 units; Total – 30 units. To be provided as units located offsite within the Grangetown Ward or as a financial contribution in lieu of part or all of the 30 units calculated in line with the formula in the Affordable Housing SPG (2007). (iv) The sum of £450,000 which shall be used to subsidise bus services to / from the vicinity of application site, to fund cycle and pedestrian path improvements in Dunleavy Drive, and telematics which are related to the proposed development. (v) The delivery of a water bus commuter service and point to point service, as described in the water shuttle service proposal document forwarded by st the agent as part of the original outline application on 1 September 2009 or, failing that, the contribution of money to secure the provision of such a service by others. (vi) A Travel Plan which sets out proposals and targets designed to minimise single occupancy car journeys to and from the site, and to promote sustainable travel behaviour, shall have been submitted to and approved by the Local Planning Authority, prior to any part of the proposed development being brought into beneficial use. The plan shall include a timetable, which shall be adhered to, unless otherwise agreed by the Local Planning Authority.

1.4 A viability statement (Bayscape Ltd – Application references 08/02191/C & 13/310/DCI Viability Statement) was submitted on behalf of the applicant in October 2013.

1.5 It concludes that the project is not viable in the current economic climate for the following reasons:

• downturn in the market for new apartments • costs of financing a high rise apartment scheme • abnormal development costs (piling, flood storage, revetment works) • additional land costs, and • proposed level of Section 106 obligations, particularly the affordable housing element.

1.6 The Statement demonstrates a sum of £400,000 is the maximum commitment that can be made under current market conditions.

1.7 An assessment was carried out by the Council’s Strategic Estates Valuer (Bayscape – Planning Viability Report - 17.2.14).

1.8 The assessment concludes that the scheme is of borderline viability and advises acceptance of the £400,000 offered as the s106 contribution, subject to a review of the scheme receipts and costs at final completion.

1.9 The agent, in an email dated 25.2.14, provided more detail on the factors that render the scheme unviable with the current level of S106 contributions (approx. £2,400,000), as follows:

• Housing Market: Since the financial crisis residential sales prices have fallen significantly which, in turn, has reduced the Gross Development Value of the project. In addition, there is a large stock of existing apartments in Cardiff Bay and a significant number of new apartments either built or in the pipeline. These factors also suppress sales prices and lead to a slower rate of sales. It will be necessary, therefore, to use discounts and incentives to achieve apartment sales. Inevitably these impact on viability. • Funding costs: Another consequence of the financial crisis is the difficulty in funding development projects. Bayscape Ltd has spent a considerable amount of time and effort to secure an innovative funding package. This involves funders and guarantors as well as materials suppliers and Willmott Dixon as main contractor. The extraordinary costs associated with this package are included in the viability appraisal and total £3m. • Abnormal Costs: The revetment, flood compensation storage and riverside walk add to the cost of the scheme compared with sites at other locations. • Land acquisition costs: Bayscape is paying the Council a relatively high price, pro rata, for the slivers of land necessary to complete the development site.

2. INTERNAL CONSULTATION RESPONSES

2.1 Housing Development: Suggest that a review mechanism is included within the s106 agreement, which would mean that the applicant/developer will have to submit another viability assessment upon either practical completion of all the residential units, or when sales of all the units are completed, as this would give a true viability figure.

2.2 If Phase 2 materialises then the viability needs to be re-assessed. From an affordable housing perspective we will need to ascertain if any of the units within the hotel complex are ‘serviced apartments’ because if they are, we could be seeking to negotiate a contribution. In addition if Phase 1 & Phase 2 form part of

the same planning application we need to consider whether an overarching viability should be undertaken for both the phases.

2.3 In terms of the financial contribution in lieu of on-site affordable housing this is calculated as £1,755,834. There are high levels of housing need in this ward and across the City, with 3,763 applicants seeking/prepared to accept properties in this ward. On a scheme of this size, over 100 units, we need to be maximising an affordable housing contribution from a policy perspective.

2.4 Parks Services: The reduction in the POS off-site calculation from the modified figure of £135,000 to £20,000 does seem a large one but given the restrictions on finance available it is understood that this has been calculated on a pro rata basis based on the original figures in order to remain within the £400,000 budget.

2.5 Given the lack of immediate public open space nearby (the nearest being Grangemoor Park), the most important element is completion of this section of the Bay walkway, which will provide informal recreation and access to other open spaces, including those on the Penarth side of the river. This should form part of the Phase 1 of the development, with any details approved prior to planning approval and implementation at an early stage, preferably before practical completion of the 1st phase. The design of the walkway should seek to provide a pleasant environment for walking and cycling, rather than simply a narrow route along the edge of the site. In lieu of the limited off-site contribution any on-site open space should also be well designed and seek to provide a good area for informal recreation for residents. This should be completed before first occupation.

2.6 Regeneration: Indicate a likely financial contribution towards the improvement of community facilities in the order of £70,000. They acknowledge that a reduced sum may need to be negotiated on the grounds of viability.

2.7 Transportation: Acknowledge that a reduced sum will need to be negotiated on the grounds of viability, and confirm that it would be used to support and enhance existing bus public transport to service the residential development.

2.8 Legal: Advise the following:

• That a viability assessment based on the housing market and incorporating a deferred payment mechanism linked to an initial appraisal which can be revisited is the approach which should be followed, and refers to para 4.22 of ‘Delivering Affordable Housing Using Section 106 Agreements: A Guidance Update’ (Welsh Assembly Government, Sept 2009) states that: “The Planning Inspectorate’s view is that it is not reasonable for local authorities to ignore economic realities and simply stick to a policy requirement that was drafted and approved in different times. This reflects the general principle that planning decisions should

take into account all material considerations existing at the time of the decision”. • That the land acquisition price, referred to in the agent’s email outlining the factors that render the scheme unviable, is market value, so the agent’s comment is inappropriate in this respect. • That all contributions be subject to reappraisal (not just affordable housing). • That the only relevant criteria for revisiting the contributions are the reappraisal and the Council valuer’s assessment.

Consultation with Local Members 2.9 Grangetown local members have been sent a copy of the report and invited to submit comments before Planning Committee. Any such comments will be reported as late representations to planning Committee.

3. ANALYSIS

3.1 The Council Valuer’s assessment of the applicant’s viability statement concludes that in the current economic climate the applicant’s offer of £400,000 be accepted, subject to protecting the Council’s position through a requirement for a further viability assessment.

3.2 The application will deliver up to 125 dwellings on the Cambrian Marina site in the first phase and as such is an important element in the wider regeneration of Cardiff Bay. However there are a number of significant constraints to development and as a result several years have passed since the original outline permission for the Bayscape scheme was granted in 2010.

3.3 The application will facilitate implementation of the scheme by allowing for the phasing of the works and the delivery of more residential units (up from 103 to 125 dwellings) as part of the first phase. Phase 1 will also deliver improved Marina facilities, complete the River Ely walkway linking the Whitewater Centre (CIWW) to the Pont-y- Werin footbridge and beyond, and provide a new commercial unit (A3 uses) at the northern end of the footbridge.

3.4 The Bayscape scheme involves the development of a hotel on Phase 2, and whilst some interest has been shown, no operator or purchaser has been secured and this element of the project will remain on hold for the time being. It is hoped, however, that the completion of Phase 1 will enhance the prospects of securing interest in Phase 2.

3.5 Taking into account the conclusion of the Council Valuer’s assessment, the wider planning benefits arising from development of the site, both in terms of addressing Cardiff’s housing supply shortfall and the ongoing regeneration of the Bay, and the proposed safeguards built into the

modified legal agreement, it is considered that the proposed modification is acceptable.

3.6 It is suggested that the sum offered (£400,000) be apportioned between affordable housing, public open space, community facilities and transportation on an approximate pro-rata basis but with a bias towards Affordable Housing provision at the expense of Transportation to reflect relative priorities, and the potential to secure transportation-related improvements (including the waterbus service) as part of the Phase 2 works, as follows:

• Affordable Housing provision in Grangetown Ward - £330,000 • Public Open Space improvements in vicinity of site - £22,000 • Community Facilities improvements in vicinity of site - £12,000 • Transportation-related improvements - £36,000

3.7 The final apportionment shall be at the discretion of Planning Committee, subject to Local Members’ input.

4. RECOMMENDATION

4.1 It is therefore recommended that planning permission be granted subject to a varied condition 1 requiring the application for approval of reserved matters for Phase 1 of the works to be made within 18 months of the granting of permission and all other conditions specified in the report on application no. 13/310/DCI considered at Planning Committee of 12th June 2013, and to a modified legal agreement to secure the following planning obligations:

• Affordable Housing provision: Financial contribution of £330,000 towards the provision of affordable housing within the Grangetown Ward or within the City and County of Cardiff as appropriate. • Public Open Space improvements: Financial contribution of £23,000 towards the improvement of public open space within the vicinity of the development. • Community Facilities improvements: Financial contribution of £12,000 towards the improvement of community facilities within the vicinity of the development. • Transportation-related improvements: Financial contribution of £36,000 to subsidise bus services to/from the vicinity of the site, and/or other transportation-related improvements as detailed in the original legal agreement.

4.2 The modified legal agreement shall stipulate that the reduced level of financial contributions be made conditional on the following:

• A building works contract for Phase 1 of the works is to be let within 6 months of approval of Phase 1 reserved matters.

• On practical completion of the residential component of Phase 1 a further viability assessment is undertaken at the applicant’s expense to establish the level of financial contributions payable up to the maximum agreed at the time the committee resolved to grant outline consent (Planning Committee 12th June 2013). • The application for approval of reserved matters for Phase 2 of the works (hotel development) be accompanied by a further viability assessment of the overall scheme (phases 1 and 2) undertaken at the applicant’s expense to establish the level of transportation-related and other relevant s106 obligations up to the maximum agreed at the time the committee resolved to grant outline consent (Planning Committee 12th June 2013).

APPENDIX 1

COMMITTEE DATE: 12/6/2013

APPLICATION No. 13/310/DCI APPLICATION DATE: 04/03/2013

ED: GRANGETOWN

APP: TYPE: Section 73

APPLICANT: Bayscape Limited

LOCATION: Cambrian Marina and adjoining land, Watkiss Way

PROPOSAL: Variation of conditions 1, 2, 9, 13, 15, 17, 25, 26, 30, & 31 of outline permission 08/2191/C to allow for phased implementation and an increase in the amount of development. ______

RECOMMENDATION 1: That, subject to relevant parties entering into a binding legal agreement with the Council under the provisions of a SECTION 106 of the Town and Country Planning Act 1990, within 6 months of the date of this Resolution, unless otherwise agreed by the Council in writing, in respect of matters detailed in paragraph 9.2 of this report, planning permission be GRANTED subject to the following condition(s):

1. Standard outline A. Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before each phase of development is commenced.

C. Application for approval of the phase 1 reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. Application for approval of the phase 2 reserved matters shall be made to the Local Planning Authority before the expiration of five years from the date of this permission.

E. The development may be implemented in two phases as shown on the diagram at page 12 of the Design and Access Statement 2 (dated Feb 2013).

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.

2. Prior to commencement of each phase of development a scheme……D7G Road Traffic Noise

3. F7Y Ground Gas Protection

4. C7Z Contaminated Land Measures

5. 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 to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced.

6. 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 to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced.

7. Prior to the commencement of development, detailed drawings which demonstrate that the proposed cut and fill works on the site's river frontage would maintain live flood storage volumes in Cardiff Bay, shall have been submitted to and approved by the Local Planning Authority. Reason: To prevent the loss of live flood storage volume in the Bay.

8. Prior to the commencement of the approved development (or at such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

(i) A preliminary risk assessment which has identified: • all previous uses • potential contaminants associated with those uses • a conceptual model of the site indicating sources, pathways and receptors • potentially unacceptable risks arising from contamination at the site.

(ii) A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site. (iii) The site investigation results and the detailed risk assessment (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

(iv) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

Reason: To prevent the pollution of the environment.

9. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No phase of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.

10. Foul and surface water discharges shall drain separately from the site. Reason: To protect the integrity of the public sewerage system.

11. Surface water shall not drain, directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, in the interests of health and safety, and the environment.

12. Land drainage run-off shall not discharge, directly or indirectly, to the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, in the interests of health and safety, and the environment.

13. A riverside walk to adoptable standards, and lit, shall be provided through the site frontage to link with the approved riverside walk, to its east and west. Details of the walkway shall have been submitted to and approved by the Local Planning Authority prior to the commencement of the development hereby permitted, and no phase of the development shall be occupied until the walkway is complete and open for use. The design of the walkway, and related revetments, shall match the design of the walkway on either side of the site. Public access along the walkway shall be available at all times, except in an emergency or when essential repairs are taking place. Reason: To ensure that the provision of a riverside path is achieved, in accordance with Policy 2.7 of the Deposit Cardiff Unitary Development Plan (October 2003).

14. The reserved matters application shall ensure that DDA compliant access is available to the adjacent river bus stop and pontoons, along the riverside walkway, and along the paths which connect the Pont-y-Werin bridge and Watkiss Way, and the riverside walkway and Watkiss Way (through the eastern edge of the site, next to the canoe slalom course). The access routes shall be available at all times to the public, except in an emergency or when essential repairs are taking place. Reason: To ensure that these facilities and routes are accessible to all. 15. Prior to each phase of development details of facilities for the storage of refuse containers shall be submitted to and approved in writing by the LPA. The facilities approved for each phase shall be provided before that phase is brought into beneficial use. Reason: To secure an orderly form of development and to protect the amenities of the area.

16. Prior to commencement of development details shall have been submitted to, and approved by, the Local Planning Authority, of a procurement strategy for public art. The approved artworks shall be in place before any flat hereby permitted is brought into beneficial use unless otherwise agreed with the Local Planning Authority in writing. Reason: To enhance the character and appearance of the development and to accord with Policy 2.56 of the Deposit Cardiff Unitary Development Plan (October 2003).

17. Prior to each phase of development details as to the provision within that phase for loading, unloading and parking of vehicles have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented before that phase is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Parking spaces shall be assigned to residents. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site, and to minimise space searching behaviour.

18. Any barrier controlling access to the car parks shall be set back from the highway in accordance with details which have first been submitted to and approved by the Local Planning Authority. The access shall not be gated. Reason: To ensure that the barrier does not cause a queue, which backs up onto the highway.

19. The gradient of the ramps serving any car park within the development shall not exceed 10%. Reason: In the interests of safety.

20. The footway/cycleway along the site frontage to Watkiss Way shall be retained to a width of 4m. Reason: In the interests of pedestrians and cyclists.

21. Details of provision for the secure and under cover parking of at least 190 cycles (or such lesser numbers as agreed with the Local Planning Authority), shall have been submitted to and approved by the Local Planning Authority. The approved provision shall be in place before any dwelling hereby permitted is brought into beneficial use. Reason: To ensure that appropriate and adequate cycle parking provision is made.

22. Prior to the commencement of development, a scheme of construction management shall have been submitted to and approved by the Local Planning Authority. The scheme shall include details of construction traffic routes, the site means of enclosure, the site access and wheel-washing facilities. The approved scheme shall be adhered to. Reason: In the interests of safety and amenity.

23. A car park management plan shall have been submitted and approved by the Local Planning Authority prior to the development being brought into beneficial use. The plan shall include the designation of the parking spaces, control mechanisms, enforcement action and specify a timescale for their periodic

review. The approved plan shall be implemented and shall be reviewed/revised, as specified. Reason: To ensure that the use of the spaces allocated to the various uses is controlled and reviewed as necessary.

24. The development shall accord with the submitted master plan. Reason: To ensure that the key elements of the submitted plan are followed.

25. The hotel hereby permitted shall have no more than 200 bedrooms, the number of dwellings hereby permitted shall not exceed 125, the floorspace of the marina management suite shall not exceed 200sqm and the retail floorspace hereby permitted, other than A3 uses which are ancillary to the hotel, shall be restricted to marine-related retail (Use Class A1) and food and drink (Use Class A3) purposes and shall not exceed 1200sqm in total, and none of the retail floorspace permitted shall have a unit size exceeding 500sqm. Reason: To ensure that there is control and certainty over the key elements of the scheme, and that the retail units do not prejudice the Council’s retail policies.

26. Any application for approval of reserved matters shall accord with the design parameters which are given on pages 41, 42 of the Design and Access Statement (dated June 2009) and the building heights at page 5 of the Design and Access Statement 2 (dated February 2013), and shall have regard to the exemplars which have been included on pages 35 and 36 of the Design and Access Statement (dated June 2009). Reason: To ensure that there is control and certainty over the key elements of the scheme.

27. The hotel hereby permitted shall not be brought into beneficial use before the proposed restaurant and bar, towards the top of the buildings, has been brought into beneficial use, unless otherwise agreed with the Local Planning Authority in writing. Reason: To ensure that a mixed use is achieved, and to secure maximum public benefit from the proposed tall building.

28. The non-residential buildings shall be constructed to achieve a minimum BREEAM (or subsequent equivalent quality assured scheme) overall 'Excellent' rating, unless otherwise agreed by the Local Planning Authority. Reason: To ensure that the building is sustainable.

29. Each dwelling hereby permitted shall be designed and constructed to achieve a minimum Code for Sustainable Homes Level 4, in accordance with the requirements of the Code for Sustainable Homes: Technical Guide April 2009, unless otherwise approved by the Local Planning Authority. Reason: In the interests of sustainability.

30. Prior to the commencement of development details of an upgraded temporary pedestrian link between the application site and the front of the Toys'R'Us shop on the opposite side of Watkiss Way shall have been submitted to and approved by the Local Planning Authority. The approved link shall be in place before

phase 2 of the development hereby permitted is brought into beneficial use. Reason: In the interests of connectivity and sustainability.

31. The phase 2 details which are submitted for consideration in discharge of condition 1 shall have been subject to wind testing, the results of which shall be reported to the Local Planning Authority, and shall have been incorporated into the detailed design. Reason: To ensure that the proposed development does not result in excessively high wind speeds.

32. Prior to the commencement of development, a design code shall have been submitted to and approved by the Local Planning Authority. The code shall specify the design principles for the public realm, including materials, street furniture, balustrades, hard and soft landscaping, and water safety measures. The approved code shall be adhered to. Reason: In the interests of good design and safety.

33. This consent relates to the application as supplemented by indicative phasing plan ASk.PD and p[proposed site plan Ask06revD submitted on 14.5.13. Reason: The information provided forms part of the application.

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. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 4: 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 and; (ii) 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 This section 73 application proposes the variation of conditions 1, 2, 9, 13, 15, 17, 25, 26, 30, & 31 of planning permission 08/2191/C to allow for phased implementation (residential and associated development being implemented in advance of the hotel), and increases in the number of apartments from 103 to 125, the total amount of retail floorspace from 750 sqm to 1200 sqm, and the marina management suite from 50 sqm to 200 sqm.

1.2 A parallel section 73 application (13/311/DCI) is for the variation of conditions to allow phased development only and is under consideration. It is submitted as a fallback in the event that this application is refused.

Consented scheme 1.3 Planning permission 08/2191/C granted outline consent for the development of a hotel (including a conference suite, a gymnasium, a spa, restaurants and bars), residential, retail, office and food and drink outlets, parking and service areas, new access, public realm and new river edge revetment. The office is intended for use as a management suite in connection with the adjacent moorings. All matters of detail are reserved for later approval.

1.4 In order to have certainty over key design elements, conditions are imposed which limit the floorspace, as follows:

• up to 200 hotel bedrooms plus ancillary conference suite, gym, spa, pool, restaurants and bars; • up to 103 residential apartments; • up to 750 sq. m of Class A1 and A3 floorspace (in addition to the hotel); • up to 50 sq. m of floorspace for the management suite for the existing marina.

1.5 The consent is for a 30 storey hotel (127m high), and for four residential blocks arranged in two linked pairs above a podium. The westernmost pair (blocks A & B) are 5 and 8 storeys above podium, the easternmost pair (blocks C & D) are 7 and 6 storeys above podium.

1.6 Conditions require the reserved matters application to be in accordance with indicative details in the Design and Access Statement in terms of siting and design; and with the exemplars in terms of external appearance. The proposed materials for the tower and adjacent blocks are a combination of masonry, slate, high quality concrete, glass and cladding.

1.7 Vehicular access is from Watkiss Way with provision for 167 car parking spaces, 18 motor cycle spaces and 120 cycle spaces.

Proposed alterations to consented scheme 1.8 The increase in apartments from 103 to 125 is achieved by making the size of individual apartments smaller on average, making the circulation space between

the wings of each block more efficient allowing more usable floorspace to be achieved within a similar overall built volume, and adding an additional floor to Block A increasing the height from podium plus 5 storeys to podium plus 6 storeys.

1.9 The increase in the number of apartments and their reduced size reflects the changing housing market and a need for smaller flats.

1.10 The increase in the A3 floor area is primarily to accommodate an anchor food and drink outlet of some 500sqm which will be located in the 2 storey freestanding commercial unit on the western edge of the site. Such an outlet is considered necessary to ensure the viability of the scheme.

1.11 The remaining approx 700sqm of commercial floorspace (A3 food and drink and A1 marine-related retail units) together with the enlarged marina management suite will be accommodated below the podium by removing the hotel ancillary uses. The increase in the floor area of the Marina Management Suite is to accommodate changing facilities.

1.12 A minor reduction in the open area between the podium and the riverside walk is proposed.

1.13 Parking for the residential use is arranged over 2 levels beneath the podium and totals approximately 125 spaces

1.14 Phase 1 will include the residential apartments, the podium level parking and commercial units and marina management suite below the residential apartments, the revetment walkway and access to pontoons/waterbus, the 2 storey restaurant/ bar facility and associated terrace on the western edge of the site, landscaping works and flood storage measures.

1.15 Phase 2 will comprise the podium level parking below the hotel, the hotel, and the surrounding landscaping and will integrate the Pont-y-Werin footbridge landing and footpath.

1.16 Supporting information in the form of an indicative phasing plan (Ask.PD) and site plan (Ask06revD) have been provided. Environmental screening opinion 1.17 A request for an EIA screening opinion dated 1.3.13 has been received. The application was screened with regard to the need for an EIA and it was concluded that the proposed development is not likely to have significant effects on the environment because:

1.18 It is not located in an environmentally sensitive or vulnerable location and does not constitute a major development of more than local importance.

1.19 The proposed changes do not result in any increase in built footprint and the increase in height of Block A remains lower than the other wing of that block (Block B). The height of the tall building (hotel), which triggered the requirement for an environmental assessment at outline stage, is not increased. The proposed increase in retail and food and drink uses is not considered significant in the context of its potential environmental impact.

2. DESCRIPTION OF SITE

2.1 The Cambrian Marine boatyard is on the north bank of the River Ely, adjacent to, and to the south-east of, the Council’s former temporary ISV office which now has outline planning permission for affordable housing as part of the recently- approved Cardiff Pointe residential development.

2.2 With the exception of the sloping river bank, the site is used for the storage, repair and maintenance of boats. The yard is fenced. Access is from Watkiss Way. There is a workshop near to the river bank. A slipway, enables boats to be raised from, and returned to, the river. Approximately 70m to the east of the site are the remains of a coal discharger, which is a scheduled Ancient Monument.

2.3 To the west of the site is the Victoria Wharf residential development. A public footpath linking Watkiss way to the Pont-y-Werin footbridge crosses the western half of the site.

2.4 The Cardiff Bay cycle/walkway (Bay edge walkway) terminates at the western and eastern boundaries of the site and there are pontoon moorings in the river along the full width of the site’s frontage.

2.5 The whole area to the north and east of the application site has been remediated. The back of the Toys ‘R’ Us shop is on the opposite side of Watkiss Way, and the swimming pool and temporary ice rink, are to the north-east of the site. Immediately to the east of the application site is the Cardiff International Whitewater Centre.

3. SITE HISTORY

3.1 • 13/311/DCI Parallel section 73 application under consideration for the variation of conditions of outline consent 08/2192/C to allow for phased development (no additional accommodation). • 08/2191/C Outline planning permission granted in September 2010 for hotel, residential, retail, office and food and drink units, parking and service areas, new access, and new river edge revetment.

• 06/2304C Planning Committee resolved in Nov 2006 to grant outline planning permission, subject to a S106 agreement, for 191 dwellings. Agreement not signed and deemed withdrawn in Feb 2011. • 06/1219C PP refused in September 2006 for 145 flats (primarily for design reasons). • 04/1425C Planning Committee resolved in April 2005 to grant outline planning permission, subject to a S106 agreement, for 106 flats. Agreement not signed to date. • The western part of the application site had planning permission for the development of a restaurant or pub, under one of the Victoria Wharf planning permissions.

4. POLICY FRAMEWORK

4.1 The following policies of the City of Cardiff Local Plan are relevant to the consideration of this application:-

• Design and aesthetic quality • Parking and servicing facilities • Provision for cyclists • Provision for pedestrians • Affordable and special needs housing • Residential open space requirement

The site is within an area, identified by Policy 21, as being allocated for housing.

4.2 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant to the consideration of this application:-

• Good Design • Affordable Housing • Provision for Open Space, Recreation and Leisure • Provision for Schools • Access, Circulation and Parking Requirements (2010)

4.3 The following Supplementary Planning Guidance is relevant to the consideration of this application:

• Affordable Housing (2007) • Affordable Housing Delivery Statement (2010) • Community Facilities and Residential Development (2007) • Access, Circulation and Parking Requirements (2010) • Open Space (2008)

4.4 Planning Policy Wales Ed. 5 (Nov 2012) favours the redevelopment of previously developed land. Technical Advice Note 12 (TAN 12) – Design is relevant.

5. INTERNAL CONSULTEE RESPONSES

5.1 Transportation have not provided any comments.

5.2 The Waste Management Officer notes that no details are provided for refuse storage.

5.3 The Parks Officer has no objection but notes that the increased accommodation results in a pro-rata increase in the POS off-site contribution to be calculated in accordance with the SPG, and makes recommendations about the siting of the compounds and storage areas required for Phase 1.

5.4 The Regeneration Officer has no objection but notes that the increased accommodation results in a pro-rata increase in the POS off-site contribution to be calculated in accordance with the SPG.

Additional retail floorspace 5.5 Strategic Planning (Land Use) advise that the principle of the development of retail floorspace as part of the mixed use Bayscape scheme has been established at this site with the approval of 08/02191/C. This application proposes to increase the retail floorspace from 750 sq m, that which is permitted, to 1,200 sq m; to include an anchor food and drink outlet of 500 sq m. i.e. larger than the 300 sq m maximum unit size specified in Condition 25, with the remainder of the retail floorspace being taken up by other food and drink outlets and marine related retailers.

5.6 It is recognised that the commercial units will be ancillary in nature to the other uses on site, and will also serve an increasing number of residents as opposed to a retail destination in its own right. The application therefore raises no retail policy concerns, however, it is suggested that a condition is attached to the grant of any permission, as follows:

5.7 The retail floorspace permitted shall not exceed 1,200 sq m and shall only be used for marine related retailing and purposes falling within Use Class A3 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument amending, revoking or re- enacting that Order). None of the retail floorspace permitted shall have a unit size exceeding 500 sq m. Reason: To prevent other retail uses or changes to the format of retail sales which would need to be fully considered separately by the Local Planning Authority in terms of development plan policies and/or government planning guidance.

Affordable Housing

5.8 The Housing Strategy Officer notes that the applicant has put forward a proposal in respect of the affordable housing contribution and we accept that the s106 agreement should be amended to provide for affordable housing at a rate of 20% for the first 103 units (as secured in the s106 agreement dated 29 September 2010) and 40% for the additional 22 units. This amounts to the following number of affordable housing units: 20% x 103 = 21 units; 40% x 22 = 9 units; Total – 30 units.

5.9 As outlined in the Design and Access Statement (DAS 2) submitted as part of the planning application, the existing s106 agreement allows for the affordable housing provision to be made off-site within the Grangetown ward or in the form of a financial contribution. Housing Strategy note the developer’s comments that an initial site search and subsequent searches undertaken by their property consultants for this purpose have highlighted that limited site opportunities are available, and that they have funding, planning and time constraints. On that basis they would be willing to solely accept a financial contribution in lieu of the 30 affordable units. This will be calculated in line with the formula in the Affordable Housing – Supplementary Planning Guidance (SPG) (2007).

5.10 Housing strategy confirm they are not seeking the affordable housing to be delivered off-site on another site, and that the financial contribution is to be secured via a legal contract/agreement to cover the timing of the payment, with the precise terms of the legal contract/agreement drafted by Legal Services.

5.11 Cardiff Harbour Authority have not provided any comments.

5.12 Pollution Control (Noise and Air) have no objection but raise concerns over the need for multiple road traffic surveys as a result of the phased approach.

5.13 Pollution Control (Contaminated Land) have no further comments to add.

5.14 School Services have not provided any comments.

6. EXTERNAL CONSULTEE RESPONSES

6.1 The Vale of Glamorgan Council registered receipt of the application details but have not provided any comments. 6.2 The Glamorgan Gwent Archaeological Trust has no objection.

6.3 CADW have not provided any comments.

6.4 Natural Resources Wales have no objection in relation to the impact of the proposals on designated sites, protected species and biodiversity.

6.5 The Environment Agency have no objection to the variation of flood-related condition 9 of the application.

6.6 Welsh Water have not provided any comments.

6.7 The Police Architectural Liaison Officer has no objection

7. REPRESENTATIONS

7.1 Neighbours and Local Members were notified. No representations have been received.

8. ANALYSIS

8.1 The principle of a phased development that delivers in the first phase the residential/ commercial component, the free-standing commercial development to the west of the site and associated landscaping, and the Bay Edge walkway connection, is acceptable.

8.2 The DAS 2 show how 125 flats could be accommodated on the existing footprint with an internal reorganisation and additional storey on Block A. The additional storey is two storeys lower than Block B and is acceptable. Conditions requiring compliance with the design principles and exemplars set out in the outline application DAS remain in place. The design as altered is considered to be an appropriate response to the site context.

8.3 In sustainability terms, the development would utilise a brownfield site, on a bus route and a key pedestrian route to the Pont-y-Werin footbridge and, potentially, adjacent to a water taxi stop. The development would also be a short walk away from shops and leisure facilities on the opposite side of the river, from Cogan station, and from other bus routes. The site and its vicinity has the potential to become a significant leisure destination.

8.4 In accordance with the proposed type of retail uses (p. 14 of DAS 2) the retail floorspace component is restricted to marine-related retailing and to food and drink uses to ensure that the increase quantum of unrestricted retail (from 750sqm to 1200sqm) does not prejudice the Council’s retail policies.

8.5 The proposed changes do not result in any loss of amenity, light or privacy to residential neighbours.

9. CONCLUSION

9.1 The proposed variations to conditions of outline consent 08/2191C to enable phased development, and to allow an increase in the number of dwellings and commercial floorspace, are acceptable.

9.2 It is recommended that planning permission be granted, subject to varied conditions 1, 2, 9, 13, 15, 17, 25, 26, 30, & 31 of outline consent 08/2191C, additional condition 33 relating to supplementary information in the form of a phasing plan and site plan, and all original unvaried conditions of the same consent, and a deed of variation to the s106 legal agreement to secure the following planning obligations:

(vi) An off site open space contribution which accords with the formulae in the Council’s Open Space SPG (March 2008). (vii) A community facilities contribution which accords with the formula in the Community Facilities and Residential Development SPG (March 2007). (viii) An affordable housing contribution at a rate of 20% for the first 103 units (as secured in the s106 agreement dated 29 September 2010) and 40% for the additional 22 units. This amounts to the following number of affordable housing units: 20% x 103 = 21 units; 40% x 22 = 9 units; Total – 30 units. To be provided as units located offsite within the Grangetown Ward or as a financial contribution in lieu of part or all of the 30 units calculated in line with the formula in the Affordable Housing SPG (2007). (ix) The sum of £450,000 which shall be used to subsidise bus services to / from the vicinity of application site, to fund cycle and pedestrian path improvements in Dunleavy Drive, and telematics which are related to the proposed development. (x) The delivery of a water bus commuter service and point to point service, as described in the water shuttle service proposal document forwarded by the agent as part of the original outline application on 1st September 2009 or, failing that, the contribution of money to secure the provision of such a service by others. (vi) A Travel Plan which sets out proposals and targets designed to minimise single occupancy car journeys to and from the site, and to promote sustainable travel behaviour, shall have been submitted to and approved by the Local Planning Authority, prior to any part of the proposed development being brought into beneficial use. The plan shall include a timetable, which shall be adhered to, unless otherwise agreed by the Local Planning Authority.