CABINET AGENDA
Wednesday, 12 October 2011
The Jeffrey Room, St. Giles Square, Northampton, NN1 1DE.
6:00 pm
Members of the Cabinet:
Councillor: David Palethorpe (Leader of the Council) Councillor: Michael Hill (Deputy Leader) Councillors: Alan Bottwood, Tim Hadland, Christopher Malpas, John Yates,
Chief Executive David Kennedy
If you have any enquiries about this agenda please contact [email protected] or 01604 837722
PORTFOLIOS OF CABINET MEMBERS
CABINET MEMBER PORTFOLIO TITLE Councillor D Palethorpe Leader
Councillor M Hill Deputy Leader Community Engagement Councillor A Bottwood Finance
Councillor T Hadland Regeneration and Enterprise
Councillor C Malpas Housing
Councillor J Yates Planning and Environment
SPEAKING AT CABINET MEETINGS Persons (other than Members) wishing to address Cabinet must register their intention to do so by 12 noon on the day of the meeting and may speak on any item on that meeting’s agenda.
Registration can be by:
Telephone: (01604) 837722 (Fax 01604 838729)
In writing: Democratic Services Manager The Guildhall, St Giles Square, Northampton NN1 1DE For the attention of the Democratic Services Officer
By e-mail to [email protected]
Only thirty minutes in total will be allowed for addresses, so that if speakers each take three minutes no more than ten speakers will be heard. Each speaker will be allowed to speak for a maximum of three minutes at each meeting. Speakers will normally be heard in the order in which they registered to speak. However, the Chair of Cabinet may decide to depart from that order in the interest of hearing a greater diversity of views on an item, or hearing views on a greater number of items. The Chair of Cabinet may also decide to allow a greater number of addresses and a greater time slot subject still to the maximum three minutes per address for such addresses for items of special public interest.
Members who wish to address Cabinet shall notify the Chair prior to the commencement of the meeting and may speak on any item on that meeting’s agenda. Such addresses will be for a maximum of three minutes unless the Chair exercises discretion to allow longer. The time these addresses take will not count towards the thirty minute period referred to above so as to prejudice any other persons who have registered their wish to speak.
KEY DECISIONS denotes the issue is a ‘Key’ decision:
• Any decision in relation to the Executive function* which results in the Council incurring expenditure which is, or the making of saving which are significant having regard to the Council’s budget for the service or function to which the decision relates. For these purpose the minimum financial threshold will be £250,000;
• Where decisions are not likely to involve significant expenditure or savings but nevertheless are likely to be significant in terms of their effects on communities in two or more wards or electoral divisions; and
• For the purpose of interpretation a decision, which is ancillary or incidental to a Key decision, which had been previously taken by or on behalf of the Council shall not of itself be further deemed to be significant for the purpose of the definition.
NORTHAMPTON BOROUGH COUNCIL CABINET Your attendance is requested at a meeting to be held:
in The Jeffrey Room, St. Giles Square, Northampton, NN1 1DE.
on Wednesday, 12 October 2011
at 6:00 pm .
D Kennedy Chief Executive
AGENDA
1. APOLOGIES
2. MINUTES
3. DEPUTATIONS/PUBLIC A DDRESSES
4. DECLARATIONS OF INTE REST
5. DRAFT MINUTES OF THE WEST NORTHANTS JOINT PLANNING COMMITTEE Copy herewith
6. ISSUES ARISING FROM OVERVIEW AND SCRUTIN Y COMMITTEES None
7. COMMUNITY CENTRES - MANAGEMENT ORGANISAT IONS APPOINTMENTS Report of Chief Executive (Copy herewith)
8. THE NORTHAMPTONSHIRE HEALTH AND WELL -BEING DECLARATION - THE FITTEST COUNTY IN THE COUNTRY Report of the Director of Environment and Culture (Copy herewith)
9. PROPOSED BILLING ROA D CONSERVATION AREA Report of Director of Planning and Regeneration (Copy herewith)
10. GROSVENOR/GREYFRIARS DEVELOPMENT Report of Director of Planning and Regeneration (Copy herewith)
11. CENTRAL AREA ACTION PLAN - PROPOSED AMENDMENTS TO PRE - SUBMISSION DRAFT FOR PUBLICATION Report of Director of Planning and Regeneration (Copy herewith)
12. ST JOHN'S DEVELOPMEN T PROPOSALS Report of Director of Planning and Regeneration (Copy herewith)
13. AFFORDABLE HOUSING NOMINATIONS AGREEMENT Report of Director of Housing (Copy herewith)
14. EXCLUSION OF PUBLIC AND PRESS THE CHAIR TO MOVE: “THAT THE PUBLIC AND PRESS BE EXCLUDED FROM THE REMAINDER OF THE MEETING ON THE GROUNDS THAT THERE IS LIKELY TO BE DISCLOSURE TO THEM OF SUCH CATEGORIES OF EXEMPT INFORMATION AS DEFINED BY SECTION 100(1) OF THE LOCAL GOVERNMENT ACT 1972 AS LISTED AGAINST SUCH ITEMS OF BUSINESS BY REFERENCE TO THE APPROPRIATE PARAGRAPH OF SCHEDULE 12A TO SUCH ACT.”
SUPPLEMENTARY AGENDA
Exempted Under Schedule 12A of L.Govt Act 1972 Para No:-
Agenda Item 5 WEST NORTHAMPTONSHIRE JOINT STRATEGIC PLANNING COMMITTEE
Monday, 25 July 2011
PRESENT: Councillor Mary Clarke (Chair); Councillor Tim Hadland (Deputy Chair); Councillors Wendy Amos, Rebecca Breese, Joy Capstick, Stephen Clarke, Kay Driver, Chris Over, David Palethope, Chris Millar and John Yates.
1. APPOINTMENT OF CHAIR Councillor Millar noted that the order of the agenda would be varied so that item 9 would be taken before item 8.
Councillor Palethorpe proposed and Councillor Amos seconded “That Councillor Mary Clarke be appointed Chair of the West Northamptonshire Joint Strategic Planning Committee for the ensuing year.”
Upon a vote the motion was carried.
(Note: Councillor Chris Millar was in the Chair until this point in the meeting.
2. APPOINTMENT OF DEPUTY CHAIR Councillor Millar proposed and Councillor Palethorpe seconded “That Councillor Tim Hadland be appointed Vice Chair of the West Northamptonshire Joint Strategic Planning Committee for the ensuing year.”
Upon a vote the motion was carried.
3. APOLOGIES FOR ABSENCE Apologies were received from Councillors Robin Brown, Penny Flavell and Andre Gonzalez de Savage.
4. MINUTES The minutes of the meeting of the Joint Planning Committee held on 31st January 2011 were agreed and signed by the Chair subject to the fifth paragraph on page 3 being amended to read “ ..other highway infrastructure improvements as identified in Policies N4, N8 and N11 ”.
5. DECLARATIONS OF INTEREST None.
6. MATTERS OF URGENCY None.
7. PUBLIC PARTICIPATION (IF ANY) There was none.
9. WEST NORTHAMPTONSHIRE JOINT CORE STRATEGY PRE SUBMISSION
Page11 West Northamptonshire Joint Strategic Planning Committee Minutes - Monday, 25 July 2011 VERSION REPRESENTATIONS The Head of the JPU submitted a report that provided a summary of the Representations Stage of the Joint Core Strategy Preparation Process, a quantitative analysis of the representations to the Pre Submission version of the Joint Core Strategy (JCS), a summary of the main issues raised by the representations and set out the next stages of the JCS preparation process.
RESOLVED: 1. That the summary of the Representations Stage of the Joint Core Strategy Preparation Process (Regulations 27 and 28), including the requirements of the Regulations and how these have been met were noted.
2. That the quantitative analysis of the representations to the Pre- submission version of the Joint Core Strategy be noted.
3. That the factually based summary of the main issues raised by the representations to the Pre-submission version of the Joint Core Strategy, as attached as Appendix 2 of the report be noted.
4. That the next stages on the Joint Core Strategy preparation process be noted.
8. UPDATED WEST NORTHAMPTONSHIRE LOCAL DEVELOPMENT SCHEME (LDS)- JULY 2011 The Chair made the following statement:
“The Committee is preparing a Joint Core Strategy for the West Northamptonshire area with a view to adopting this plan at the earliest possible date.
Against the background of the emerging changes to the planning system it is considered prudent that the Local Development Scheme, which is purely a work programme, should not be considered by the Committee this evening, rather, it should be further updated and brought back before the Committee. The Committee will be kept regularly informed of progress on this in the coming months.
In addition, a significant number of representations have been recently received on the Pre- submission version of the Strategy. In the light of this, and in order to ensure that the Joint Core Strategy is prepared and subsequently adopted at the earliest possible date, additional time will be built into the plan preparation process to allow officers in the Joint Planning Unit and across the partnership to continue ongoing discussions and negotiations on these representations to take place. This is with a view to preparing focused changes to the Strategy which will have the effect of further strengthening it in time to be brought back to this Committee.
In the light of this, a further updated Local Development Scheme work programme will be brought to a future meeting of this Committee.
Therefore, with the agreement of the Committee, I propose that the consideration of a further updated Local Development Scheme be taken at a future meeting of this Committee.”
In answer to questions the Head of the JPU commented that an updated Local Development Scheme would be brought to the Joint Committee at the earliest possible date, bearing in mind that this was against the background of ensuring clarity relating to emerging Page22 West Northamptonshire Joint Strategic Planning Committee Minutes - Monday, 25 July 2011 Government changes to the national planning system. He assured the Joint Committee that the JPU would work as quickly as possible with all the partners to bring forward the Local Development Scheme and the Joint Core Strategy.
RESOLVED: That the report be withdrawn and that a further updated Local Development Scheme be brought to a future meeting of the Joint Committee.
The meeting concluded at 18.25 hours.
Page33 West Northamptonshire Joint Strategic Planning Committee Minutes - Monday, 25 July 2011 Agenda Item 7
Item No. Appendices 7 1
CABINET REPORT
COMMUNITY CENTRES – MANAGEMENT Report Title APPOINTMENTS
AGENDA STATUS: PUBLIC
Cabinet Meeting Date: 12 October 2011
Key Decision: NO
Listed on Forward Plan: YES
Within Policy: YES
Policy Document: NO
Directorate: Chief Executive
Accountable Cabinet Member: Cllr Michael Hill
Ward(s) Semilong; St James, West Hunsbury
1. Purpose
1.1 This report presents for approval the results of a process to identify suitable community organisations to manage and deliver community services from three community centres under a 30-year lease and management agreement, in accordance with the policy framework approved by Cabinet in December 2010.
2. Recommendations
Cabinet is recommended to 2.1 Approve in principle the appointment of the following organisations to manage and deliver community services from the community centres indicated: • The Doddridge Centre Limited, to manage St James community centre; • Alliston Gardens Youth & Community Centre Limited (AGYCC), to manage Semilong community centre;
Jmd/committees/cabinet report template/04/10/11 Page41 • Camp Hill Management Committee, to manage Camp Hill community centre. 2.2 Delegate authority to the Borough Solicitor to sign the leases and management agreements in accordance with the Framework (Appendix) on the Council’s behalf.
3. Issues and Choices
3.1 Report Background
3.1.1 A review of community centres was carried out in 2009/10 to ensure they met the needs of the local population while offering good value for money. This also included consideration of the transfer of these assets, or of their management, to community-based organisations.
3.1.2 A Policy Framework for setting up arrangements with community groups to manage community centres under appropriate circumstances involving a long- term lease and management agreement was approved by Cabinet on 15 December 2010. This framework is attached as an Appendix and provides that the leases are to be granted at a notional rent that is less than market value.
3.1.3 Eight centres managed directly by the Council were put out to public offer at the end of January 2011, and community groups were approved to run these centres at the Cabinet meeting held on 27 July 2011.
3.1.4 A further two centres which are currently run by community groups were put out to public offer in May 2011 as follows:
Centre Address Ward
1 St James St James Road, Northampton, NN5 St James 5LQ 2 Semilong Norfolk Terrace, Semilong, Semilong Northampton, NN2 6HS
3.1.5 Expressions of interest were received from six organisations. Four organisations were interested in St James, one organisation was interested in Semilong and one organisation was interested in both centres. An Invitation To Apply (ITA) was issued to each of these six organisations on 9 June and they were given a 10-week period to prepare a Business Plan Application and financial projections. The Council received three applications to run the centres.
3.1.6 The business plan applications received were evaluated on the following criteria:
Criteria How Assessed/Priority
1 Legal governance, including legal set-up, policies, Pass/Fail licensing, power to hold land/property
Jmd/committees/cabinet report template/04/10/11 Page52 Criteria How Assessed/Priority
2 Current financial viability Pass/Fail
3 Public Access experience Medium
4 Community Engagement experience High
Quality of Business Plan:
5 Community Engagement plans Medium
6 Community Activity plans High
7 Achieving management agreement objectives Low
8 Sustainable 5-year financial forecasts High
9 Adequate processes/procedures/systems Low
3.1.7 An evaluation panel consisted of four Council officers and a representative from an independent community support organisation. It met on 25 August and came to a joint decision for two applicants to go forward onto a shortlist. The panel met again on 6 September after detailed clarification questions had been answered by applicants, and agreed a recommended solution for each of the centres. The final recommendations of the Panel were reviewed and agreed by the Assistant Chief Executive on 6 September and then by the Community Centres Project Board on 7 September.
3.1.8 The evaluation result for each applicant will have been shared with each applicant before the Cabinet meeting takes place.
3.1.9 The organisations recommended to be appointed are as follows:
3.1.9.1 The Doddridge Centre Limited to run St James centre. The Doddridge Centre Limited is a registered charity and company limited by guarantee that manages the Doddridge Centre on St James Road, Northampton. The organisation has been running for around 20 years. It is a well established community centre whose building is leased from the Doddridge Memorial United Reformed Church. The application from the Doddridge Centre has been prepared in conjunction with the St James Residents Association.
3.1.9.2 Doddridge is recommended to be appointed as they had the highest evaluation score for the centre. Key strengths in their application are as follows:
• Very credible application • Very local organisation • Good community engagement experience • Considerable community centre management experience • Considerable community development experience • Good staff costs to room hire income ratios • Good build up of reserves • Healthy financial resources
Jmd/committees/cabinet report template/04/10/11 Page63 • Level of grants required are within the budget
3.1.9.3 Alliston Gardens Youth & Community Centre Limited (AGYCC) to run Semilong centre. AGYCC Limited is a registered charity and company limited by guarantee that manages the Alliston Gardens Youth & Community Centre on Adelaide Street, Northampton. The organisation has been running for around 16 years. It is a well established community centre whose building is leased from NBC. The application from AGYCC has been prepared in conjunction with the Semilong Community Forum.
3.1.9.4 AGYCC is recommended to be appointed as they had the highest evaluation score for the centre. Key strengths in their application are as follows:
• Very credible application • Very local organisation • Good community engagement experience • Considerable experience of running community centres • Considerable community development experience • Good staff costs to room hire income ratios • Reasonable build up of reserves • Level of grants required are within the budget
3.1.9.5 The third organisation recommended to be appointed is for the following centre:
Centre Address Ward
1 Camp Hill Dayrell Road, Camp Hill, Northampton, West Hunsbury NN4 9RR
3.1.9.6 Camp Hill Management Committee expressed interest in running the centre under the new 30 year lease and management agreement in May this year. They prepared a Business Plan application between June and August.
3.1.9.7 Camp Hill MC is an existing, not-for-profit organisation and is to be set up as a company limited by guarantee, and also as a registered charity or Community Interest Company.
3.1.9.8 An evaluation panel consisting of three Council officers met on 6 September and reviewed the business plan. The Panel agreed that the Camp Hill Management Committee should be recommended to run the centre . The recommendation of the Panel was reviewed and agreed by the Assistant Chief Executive on 6 September and then by the Community Centres Project Board on 7 September.
3.1.9.9 The evaluation result will have been shared with the Management Committee before the Cabinet meeting takes place.
3.1.9.10 Camp Hill MC is recommended to be appointed as they had a high evaluation score. Key strengths in their application are as follows:
Jmd/committees/cabinet report template/04/10/11 Page74
• Very credible application • Current organisation running centre • Good community centre management experience • Good staff costs to room hire income ratios • Good build up of reserves • Very healthy financial resources • Level of grants required are within the budget
3.2 Issues
3.2.1 The basis for negotiation with interested organisations is the Framework attached as an Appendix to this report. This has been designed to meet the Council’s need to ensure effective and fair community benefit consistent with the Corporate Plan, without unduly constraining the community organisation’s ability to innovate and respond to local need. It also makes clear the intention of reducing the Council’s financial liabilities over a period of time, hence the need for a viable business plan from the organisation.
3.2.2 The framework makes provision for: i) a governing document approved by the Council; ii) a formal lease which will cover matters strictly related to the asset as a building, and incorporating a service level agreement (see iii)); iii) a service level agreement, which will focus on community benefits and the associated behaviours required; iv) a three year Business Plan demonstrating financial viability.
3.2.3 The application requirements were for a five year Business Plan to be submitted, to cover the four years where the Council is offering financial support and the fifth year when the organisation is hoped to be fully sustainable.
3.2.4 The application required applicants to demonstrate appropriate legal governance for the organisation to be used to hold the lease and management agreement.
3.2.5 All applicants received a copy of a pro-forma 30-year lease and a pro-forma 30-year management agreement. These have been developed with input from the Asset Transfer Unit’s consultation draft documents and from an independent community support organisation, Community Matters.
3.3 Choices (Options)
3.3.1 Recommended Option - Appoint the Doddridge Centre Limited to manage St James centre; Alliston Gardens Youth & Community Centre Limited to manage Semilong centre; appoint Camp Hill Management Committee to manage Camp Hill centre. These are three local community organisations, well respected in the borough for delivering a range of services for local communities. They are all experienced in running buildings for public access and in engaging with communities to understand their needs and then deliver
Jmd/committees/cabinet report template/04/10/11 Page85 to their requirements. This option provides a clear way forward that provides opportunities for local community organisations while protecting the Council’s, and the wider community’s, interests. It allows local groups to use their understanding of local need to play a major part in improving local people’s wellbeing. It supports a thriving voluntary and community sector, while giving local residents better value for money. 3.3.2 Appoint other applicants – this option is not recommended. Other applicants’ business plans and financial forecasts showed limited experience/capability to run centres, or inadequate plans to run centres. 3.3.3 Maintain existing arrangements - this option is not recommended . The Council will struggle to inject the same level of resource into these local facilities, while local people may expect to depend on the Council for a service it is not well placed to provide.
4. Implications (including financial implications)
4.1 Policy
4.1.1 The proposals in this report are consistent with the policy adopted by the decision of Cabinet in December 2010, and with the Council’s asset management policies.
4.2 Resources and Risk
4.2.1 The recommended proposals represent the most economical outcome for the Council. There will be no detrimental impact on the net expenditure on community centres as budgeted. The precise details of expenditure within these parameters will be concluded as terms are finalised.
4.2.2 Development of a viable business plan has been a key requirement for all the organisations. The Council has supported them in developing business plans and has referred them to a number of community support organisations. These included the Northampton Volunteering Centre, Community Matters and ProHelp. The business plans need to show financial self-sufficiency within a reasonable period.
4.2.3 There is a risk that organisations will find it difficult to identify sources of sufficient income to balance their expenditure. To mitigate this, the framework allows for a tapering grant to cover (part of) reasonable net revenue expenses over an agreed period. In this way the responsibility for these expenses passes to the organisation immediately, but they have the opportunity over a period to make decisions about how to spend their money. All shortlisted applicants included the full tapering grant support in their business plans. In addition, the Council’s budget for 2011/12 and the following two years includes £100k in each year to support community organisations taking over the running of community centres – a Community Centres Transition Fund. Doddridge and AGYCC included some support from this fund in their business plans.
Jmd/committees/cabinet report template/04/10/11 Page96 4.2.4 There is a risk that the newly appointed organisations may fail in whole or part in the near future. The likelihood of this is considered to be low, as the business plans have been scrutinised and in some cases amended to ensure that they are realistic. If despite this the organisation did fail, this would probably happen over time and the Council would be closely involved in attempting to remedy the situation. The main impact would be in loss of community development opportunities and ultimately loss of access to the facility, which might require the Council to consider taking back the management responsibility or seeking an alternative provider. Within the lifetime of the Council’s current Medium Term Financial Strategy this could be accommodated within budgets.
4.2.5 One of the major benefits of transferring responsibility to community organisations is their ability to innovate and to respond rapidly to local demand and need. Hence the Council has been concerned not to constrain unduly what these organisations can do. A consequence of this loosening of central control is that the development and use of some community centres may proceed in ways that the Council did not foresee, and possibly might not have chosen itself eg altering room hire charges. However, the management agreement remains as the definition of the minimum service required from the organisation in order that it can exercise these freedoms.
4.2.6 Consultation with staff and trade unions has been undertaken throughout this project. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) will need to be considered in conjunction with each organisation to ensure where TUPE applies due process is followed. Staff who transfer will do so with the terms and conditions that apply to them at the point of transfer.
4.3 Legal
4.3.1 The content of the Framework ( Appendix ), the pro-forma lease and management agreements and of this report have been checked from a legal perspective. Leases will be drafted tailored to the individual premises’ requirements.
4.3.2 The selection process has been discussed with the Borough Solicitor and advice followed. The specific agreements with each organisation appointed, including any TUPE implications, will be subject to further legal scrutiny once the appointments have been approved in principle by Cabinet.
4.3.3 The pro-forma lease and management agreements contain clauses that retain for the Council the power to intervene should the community’s interests be jeopardised, but that these powers would not be exercised unless that public interest was clear.
4.4 Equality
4.4.1 The Framework ( Appendix ) includes the requirement to ensure equality of access to community centres, in particular through the demand for evidence of “an appropriate documented equalities policy which ensures that its activities and the use of the centre(s) adequately reflects the diversity of
Jmd/committees/cabinet report template/04/10/11 Page107 the local population and does not discriminate unfairly against any group”, and that “the Organisation must be able to account on an annual basis for how it has ensured the opportunity of fair and equal access to all members and groups within the local and wider community”.
4.4.2 In addition, the business plan application required applicants to present their equal opportunities policy. The recommended organisations did include such a policy in their business plans and the Council’s equalities expert has reviewed these and found them to be satisfactory.
4.4.3 With these safeguards in place, it is not considered that the proposals give rise to a significant risk of a negative equality impact.
4.5 Consultees (Internal and External)
4.5.1 The proposals have been considered by an Evaluation Panel, the Assistant Chief Executive and the Community Centres Project Board. The Evaluation Panel consisted of officers of the Council plus a representative of one of the main support organisations for this sector. The Project Board includes the Cabinet portfolio holder.
4.5.2 The organisation ‘Community Matters’, which supports the development of community organisations, has been consulted on the draft framework and their comments have helped to shape it. There have also been a number of informal conversations with existing community centre management committees, which have informed the framework.
4.5.3 Community Matters, Locality, Northampton Volunteering Centre, Enterprise Solutions Northamptonshire and Northamptonshire Community Assets Programme (NCAP) have all been consulted on the Framework and again during the implementation of the framework including this application process.
4.6 How the Proposals deliver Priority Outcomes
4.6.1 Effectively run community centres have the potential to contribute to many of the Council’s corporate goals and priorities. In particular, these proposals address the following priorities: • Effective working with other public, voluntary and community sectors • Services with a local focus and should provide a more direct relationship between the Council’s expenditure and the achievement of results for communities – ie better value for money.
Jmd/committees/cabinet report template/04/10/11 Page118 5. Background Papers
5.1 Report to Cabinet 8 July 2009 ‘Community Centres’ 5.2 Report to Cabinet 9 June 2010 ‘Community Centres Task and Finish Group’ 5.3 Report to Cabinet 3 November 2010 ‘Community Management of Community Centres’ 5.4 Revised report to Cabinet 15 December 2010 ‘Community Management of Community Centres’.
Thomas Hall, Head of Policy and Community Engagement, ext 7593
Jmd/committees/cabinet report template/04/10/11 Page129 APPENDIX
Northampton Borough Council Framework for Future of Community Centres
The Council wants to support community organisations as true partners in achieving benefits for local communities, in part through their management of community facilities.
The Council recognises that successful relationships of this kind must be built on mutual trust, backed up by a mutually agreed, clearly understood set of responsibilities for both sides. The framework below sets out the process whereby arrangements for community centres that are fair, equitable and mutually beneficial to all parties, will be arrived at.
The Council will identify centres where there is known to be interest from the existing management committee in taking fuller responsibility for the centre. These will be progressed without undue delay, and provide examples for the remainder. The Council will then seek expressions of interest through a formal procurement process from organisations (the Council’s preference will be for those which are charitable or community based) to take on leases for one or several of the Council’s remaining estate of community centres.
1. The Organisation must have a satisfactory governance document, approved by the Council . This shall include • that the organisation is, or shall become within two years of the commencement of the lease, an incorporated body such as a charity, company or community interest organisation • appropriate procedures for safeguarding children and vulnerable adults, accounting for money and health and safety of staff and users of the centre(s) • an appropriate documented equalities policy which ensures that its activities and the use of the centre(s) adequately reflects the diversity of the local population and does not discriminate unfairly against any group. • the right of the Council to nominate at its discretion one or more representatives as observer(s) on the organisation’s governing body. This right would be exercised only in case of serious concerns over the management of the centre
2. There will be a formal lease of the building to the Organisation , which shall set out the Organisation’s responsibilities in regard to: • payment of the rent for the lease of the centre(s). This would be discounted to a notional rent which is below market value for the term of the lease on condition that the Organisation meets its SLA responsibilities • payment of all operating costs of the centre(s) including maintenance and decoration of the interior of the premises, all services (eg electrical and heating installations) together with all fittings, fixtures and equipment • payment of utilities bills and rates • insurance against loss of or damage to contents, third party risks and employer’s liabilities • cleaning, caretaking and security of the building • all liaison with actual and potential users of the building, whether groups or individuals, and with other agencies and neighbours as necessary – this includes dealing with any complaints or disputes between any of these parties • providing reports and its business plan (see below) to the Council as appropriate
Page13
The Council shall be responsible for: • maintenance of the structure and external fabric of the building • insurance against rebuilding costs
3. The Council and Organisation will jointly negotiate and agree a service level agreement (SLA) for the life of the lease which will include a broadly-based demonstration of community benefits, in return for a discounted rental if the SLA is complied with. The SLA will provide that: • community centre(s) and activities must be of benefit to both their local community and where appropriate the wider community of Northampton Borough and neighbouring areas • activities may be of a community, social and commercial nature but the Organisation must be able to account on an annual basis for how it has (a) ensured the opportunity of fair and equal access to all members and groups within the local and wider community; (b) consulted and otherwise engaged with the community in developing its programme of activities; and (c) made a strong contribution through activities held within the centre or through external activities funded by the Organisation to one or more of the following aspirations • the improved health and wellbeing of the community • improvements to the local environment to deliver safer, greener and cleaner communities • to have identified specific needs within the community and have responded through appropriately planned and delivered activities at the centre(s) or within their localities.
4. The organisation shall produce a business plan , initially covering at least a three year period and updated regularly thereafter, and shall provide a copy to the Council. The plan will show: • how the organisation can deliver against the aspirations detailed in items 1 and 2 above • how the organisation plans to become in due course operational on a self- funding basis following commencement of the lease. The Council recognises the organisation’s right to make and use profits from the operation of the centre • relevant targets and outcomes, with appropriate measures
Page14 Agenda Item 8
Item No. Appendices 8 1
CABINET REPORT
Report Title Northamptonshire Health and Well Being Declaration Becoming the Fittest County in the Country
AGENDA STATUS: PUBLIC Cabinet Meeting Date: 12 October 2011
Key Decision: No
Listed on Forward Plan: No
Within Policy: Yes
Policy Document: No
Directorate: Environment and Culture
Accountable Cabinet Member: Councillor Michael Hill
Ward(s) Non-specific
1. Purpose 1.1 The purpose of this report is to seek Cabinet’s endorsement of the Northamptonshire Health and Well Being Declaration that sets out the council’s and its partners’ ambition to be the fittest county in the country.
2. Recommendations That Cabinet:
2.2 Endorses the Northamptonshire Health and Well Being Declaration, attached at appendix 1, which will entail the council • Committing to improving the health and well being of its residents and employees. • Recognising, that by improving health and well being, alongside the other key ambitions, it will be contributing to the broader ambitions of sustainable growth and prosperity across Northamptonshire.
Jmd/committees/cabinet report template/04/10/11 Page151 • Recognising that in the current economic climate it can make small but significant changes at a policy or strategy level with minimal resource that can effectively impact on the health, prosperity and fulfilment of the residents of Northampton. • Evidencing its commitment to working with partners to achieve the ambition that Northamptonshire becomes the ‘Fittest County in the Country’.
3. Issues and Choices
3.1 Report background 3.1 The aim of the Northamptonshire Health and Well-being Declaration has been developed in partnership by all eight Northamptonshire Councils.
3.2 Its purpose is to drive the journey to becoming the “Fittest County in the Country”. The declaration commits all partners to work in partnership to achieve this ambition.
3.3 It is a key aim for all of the Northamptonshire councils to have healthy residents who have a good quality of life – all partners have agreed to try to ensure that people will have more choice to improve their health and well being and vulnerable people will be supported when necessary to help them lead a fulfilling life.
3.4 The declaration aligns with the Government’s concept of “Big Society” – the declaration is a mechanism to respond to a period of declining resources and a shift in responsibility from the state to the community and the individual.
3.5 The declaration reflects the recognition that it is important that local councils, through our policy and commissioning work, empower individuals, communities and organisations to lead healthy, prosperous and contented lives.
3.6 The intention of the declaration is to highlight the importance of health and well being alongside our other key ambitions.
3.1 Choices (Options) 3.1.2 Cabinet can choose to either endorse or not endorse the Northamptonshire Health and Well Being Declaration.
3.1.3 By endorsing the declaration, Cabinet will be demonstrating its commitment to improving the health and well being of the people of Northampton and will be supporting the county wide aim to make Northamptonshire the fittest count in the country.
4. Implications (including financial implications) 4.1 There are no legal or financial implications directly arising from this report.
Jmd/committees/cabinet report template/04/10/11 Page162 4.2 Equality 4.2.1 The Northamptonshire Health and Well Being Declaration has the potential to significantly address health inequalities in Northampton. The equalities issues of all actions arising from the strategy will be appropriately identified, considered and addressed.
4.6 Consultees (internal and external) 4.6.1 Extensive consultation, involving all key stakeholders, has informed the development of the Northamptonshire Health and Well Being Declaration.
4.7 How the proposals deliver priority outcomes 4.7.1 The proposal contained in this report will significantly contribute to the priority outcome of ‘ improving health to enhance the well being of our communities’.
4.8 Other implications 4.8.1 None.
Julie Seddon, Director of Environment and Culture
Jmd/committees/cabinet report template/04/10/11 Page173 Appendix 1
Northamptonshire Health and Well-being Declaration
Becoming the Fittest County in the Country
Page18 Introduction
• The aim of the Northamptonshire Health and Well-being Declaration is to drive the journey to becoming the “Fittest County in the Country”, an ambition which has been endorsed by the Public Services Board. The aspiration to be the fittest in the country is not just about physical fitness but also encompasses economic, environmental and social “fitness” as well as health and wellbeing. • The Sustainable Communities Strategy for Northamptonshire (and the District and Borough Communities Strategies) set out the ambitions for Northamptonshire over the next fifteen years (2008-2023). • This strategy commits all partners to work in partnership to achieve these ambitions and more specifically to deliver against the targets included in the county and district/borough sustainable communities strategies. • One of the four ambitions for Northamptonshire is to have healthy people who have a good quality of life – partners have agreed that residents will have more choice to improve their health and well-being and vulnerable people will be supported when necessary to help them lead a fulfilling life. This will become more relevant to local authorities and other partners with the new approach as part of the Government’s Public Health White Paper (2010), to encourage wide responsibility across society to improve everyone’s health and wellbeing and to tackle the wider factors that influence it. • The other three ambitions – to be successful through sustainable growth and regeneration; to have a growing economy with more skilled jobs; and to have safe and strong communities – have a close inter dependence with health and well-being: improving the health and well-being of the county population and addressing the wider determinants of health will contribute to achieving the other ambitions; whilst succeeding in fulfilling the other ambitions should have a positive impact on health and well-being. • The strategy’s sub title is “The best place in England to grow”. The strategy also highlights an ambition to be “One of the top five counties in England by 2030”. 1
1 Currently the Sustainable Communities Strategy remains a “live” document for Northamptonshire but this may change in the future as a consequence of the Government’s review of statutory duties placed on local government.
1
Page19 • In 2011 partners are developing a “Northamptonshire Vision” to articulate the ambitions and priorities for the county. Emerging priorities include the county’s reputation, economic development and education/training. Improving the health and wellbeing of county residents will make a positive contribution in all these priority areas. • The Declaration aligns with the Government’s concept of “Big Society” – the Declaration is a mechanism to respond to a period of declining resources and a shift in responsibility from the state to the community and the individual. It is important that we, as leaders, through our policy and commissioning work, empower individuals, communities and organisations to lead healthy, prosperous and contented lives. • The intention of this declaration is to highlight the importance of health and well- being alongside the other key ambitions of the Sustainable Communities Strategy and the new emerging ‘Vision for Northamptonshire’. In particular, that by making it the business of all partners we will empower people of all ages to live healthy, prosperous and fulfilled lives in sustainable ways whilst also contributing to the future growth and prosperity of Northamptonshire. • The Declaration will provide a vehicle to deliver the health element of the emerging new Vision for Northamptonshire, as well as health aspects of the Sustainable Communities Strategy.
Partners who sign the Declaration: • Commit to improving the health and well-being of our residents and employees (alongside other county ambitions including: sustainable growth and regeneration; economic growth with more skilled jobs; and safer and stronger communities). • Recognise that by improving health and well-being alongside the other key ambitions we will be contributing to the broader ambitions of sustainable growth and prosperity across Northamptonshire.
• Recognise that in the current economic climate their organisation can make small but significant changes at a policy or strategy level with minimal resource which
2
Page20 can effectively impact on the health, prosperity and fulfillment of the residents of Northamptonshire.
• Evidence their commitment to work with partners and within their organisation to achieve the ambition that Northamptonshire becomes the ‘Fittest County in the Country’.
Vision - Where we want to be: • We want to be the ‘Fittest County in the Country’
• We want people to: o have good health and well-being o be able to make informed choices on healthy lifestyles o receive appropriate and accessible services that enable people to promote their own health and well-being o live and work in an environment that supports health and well- being
• We want to reduce health inequalities so that individual health, prosperity and quality of life is not determined by who you are or where you live
• We want an environment, employment opportunities and housing that promote health and well-being
• We want the improved health and well-being of our residents and employees to contribute to the future sustainable growth and prosperity of Northamptonshire
How we will get there • We will address key concerns around smoking, obesity, physical inactivity, and alcohol and will improve mental well-being
• Work in partnership to develop “big ideas” to instigate a step change and a radical transformation in how we improve health, and tackle inequalities alongside the other strategic ambitions of the county
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Page21 • Integrate health and well-being outcomes with other strategic priorities e.g. carbon reduction, active travel, safer and stronger communities to maximise the impact
• We will implement ‘big ideas’ which are effective in reaching the people we most need to reach and give us the ‘biggest bang for our buck’.
• Commit our organisations to supporting high level intentions and to delivering specific actions relevant to their own organisation
What will it mean for organisations? • Organisations will be invited to sign up to the Declaration. In ‘signing up’ they are agreeing to the principles and intentions of the Declaration (pages 6 & 7)
• Organisations will be expected to work within their own organisations and with partners to support the Declaration intentions in a way which is relevant and appropriate to their own organisation. The expectation is that by working in this way, organisations, with the same or reduced resources, will be able to deliver more to achieve health and wellbeing outcomes. However, organisations will be expected to deliver actions/services differently or in addition to current activity in order that the Declaration does provide added value.
• In order to maximise the impact in addressing the key ambitions, there will be an emphasis on organisations focusing efforts around building strategies/policies and ‘big ideas’ utilising whole population approaches.
• Where appropriate organisations would be encouraged to participate in/support County wide approaches or projects taking place through this agenda.
4
Page22 Northamptonshire Health and Well-being Declaration We acknowledge that: • Improving the health and well-being of our residents and employees, as an integral part of the new Vision for the County, is a key component to achieving sustainable growth, prosperity and a good quality of life for the people of Northamptonshire
We welcome the: • Prominence given to improving health and well-being and reducing health inequalities in Northamptonshire • Emphasis on partnership working to improve health and well-being
We support the intentions of the declaration as follows:
• Work with our partners and within our organisation to achieve the ambition that Northamptonshire becomes the ‘Fittest County in the Country’
• Work with our partners and within our organisation to tackle the key priorities of Smoking, Obesity, Physical Activity, Alcohol and mental well-being
• Improve the wellbeing of county residents by promoting the benefits of wellbeing through engagement in their community, such as volunteering.
• Promote the image and reputation of the county as a healthy place to live and work and offering a good quality of life
• Improve health and workplace outcomes by supporting ‘Health, Work and Well being’ across the public and private sector.
• Improve the life chances of children by ensuring they achieve a positive start in life.
• Tackle the broader determinants of health such as: education, employment, housing, environment and crime in such a way as to impact positively on health and well being.
As an organisation, we will contribute to the delivery of the Declaration by: Addressing a specific Declaration intention(s) relevant to our organisation through working within our own organisation and /or; Supporting County wide ‘high level’ approaches such as population wide initiatives or policy/strategy changes. 5
Page23 Agenda Item 9
Item No. Appendices 9 1
CABINET REPORT Report Title Proposed Billing Road Conservation Area
AGENDA STATUS: PUBLIC
Cabinet Meeting Date: 12 October 2011
Key Decision: Yes
Listed on Forward Plan: Yes
Within Policy: No
Policy Document: NA
Directorate: Planning & Regeneration
Accountable Cabinet Member: Cllr John Yates
Ward(s) Castle Ward, Abington & Rushmills
1. Purpose
1.1 The purpose of this report is to seek Cabinet approval to undertake public consultation on a proposed Billing Road Conservation Area.
2. Recommendations
2.1 Cabinet is recommended to:
2.1.1 Approve consultation on the proposed Billing Road Conservation Area boundary as set out in Appendix 1 together with the associated draft appraisal and management plan.
2.2.1 Delegate to the Director of Planning and Regeneration in consultation with the Portfolio Holder for Planning & Regeneration amendments to the consultation documents at Appendix 1 (consultation leaflet), if required, prior to starting the consultation process.
Jmd/committees/cabinet report template/04/10/11 Page24 3. Issues and Choices
3.1 Report Background
3.1.1 The Borough Council recognises and appreciates the importance of the town’s history and development and how this has influenced the form and architectural quality of the local streetscape. Billing Road and part of Cliftonville has long been recognised locally as an area that is important within the town’s development primarily during the Victorian period. It is an area of consistently high architectural quality, including new superior ‘villa’ houses which were the work of renowned architects. The area illustrates the tastes, affluence and aspirations of Northampton residents at a time when the economically buoyant town was rapidly expanding to the east.
3.1.2 The Planning Service Plan identified that the potential for a Billing Road Conservation Area would be investigated in 2011-12. In order to consider whether the area merits designation as a conservation area and its extent an assessment was undertaken by an experienced historic environment consultant. After considering this assessment, officers’ opinion is that there is merit in taking forward the designation of a conservation area covering part of the Billing Road and Cliftonville.
3.2 Issues
3.2.1 It is important that the designated area adequately reflects the principal characteristics of the area. The principal characteristics include:
a) the area remains largely unaltered since 1890: b) it retains an air of prestige; c) in one road there are excellent examples of mid-Victorian status- consciousness expressed in architecture, and d) it is an area of consistently high quality buildings.
3.2.2 As part of the designation process it is appropriate to consult on the merits of conservation area status and extent of area it covers. This consultation will be consistent with the contents of the Council’s Statement of Community Involvement and Consultation Toolkit. As well as letters to relevant people and organisations, a summary leaflet (as set out in Appendix 1 with the possibility of potentially minor adjustments) will be attached and also delivered to all within the proposed conservation area and adjoining it. The consultation material will also be made available at the Guildhall, local libraries and on the website.
3.2.3 In addition a full Draft Billing Road Conservation Area Appraisal and Management Plan will also form part of the consultation material. This will give a better description and understanding of the area’s historic significance overall. It also identifies the most significant and positive individual contributions to the proposed conservation area. The associated management plan sets out plans for future enhancement of the area. Given its length, in the interests of economy a full version of the draft management plan and appraisal is not appended to this report. Nevertheless, copies are available for Cabinet to review in the Members’ Room.
Jmd/committees/cabinet report template/04/10/11 Page25
3.2.4 A report setting out any representations made to the consultation will be made to Cabinet in 2012. This will outline any potential changes that should be made to the boundary of the proposed conservation area, and draft appraisal and management plan. It will also recommend on the appropriateness of formally designating the Billing Road Conservation Area.
3.3 Choices (Options)
3.3.1 There are three choices available to Cabinet:
a) Approve consultation on a proposed Billing Road Conservation Area, consistent with the boundary as set out in Appendix 1 together with the associated draft appraisal and management plan
b) As option a) but with any amendments that Cabinet consider would be appropriate and sound
c) Not to approve consultation on a proposed Billing Road Conservation Area
3.3.2 Option a) would demonstrate the Council’s commitment to recognising and appreciating the town’s heritage by taking forward the next stages in the process of potentially designating a conservation area. It is the preferred way of taking the potential designation of a Billing Road Conservation Area forward.
3.3.3 Option b) would demonstrate the Council’s commitment to recognising and appreciating the town’s heritage by taking forward the next stages in the process of potentially designating a conservation area. As long as any suggested amendments by Cabinet can be considered appropriate taking into account the need for such changes to be sound and justifiable, this approach is also considered appropriate.
3.3.4 Option c) is not considered appropriate. The area exhibits characteristics that in the opinion of officers merit its potential designation as a conservation area. Consultation is a necessary part of the process in its potential designation.
4. Implications (including financial implications)
4.1 Policy
4.1.1 Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on the Council to consider ‘areas of special architectural or historic interest’ for designation as conservation areas. Planning Policy Statement (PPS) 5 – Planning for the Historic Environment sets out Government Policy on the conservation of the historic environment. There are currently 20 conservation areas within the Council’s administrative boundary. The Council has a five-year rolling programme of conservation area re- appraisals, which accords with best practice guidance published by English Heritage. 4.2 Resources and Risk
Jmd/committees/cabinet report template/04/10/11 Page26 4.2.1 Consultation on the designation will require both staff time and a limited amount of publication material to highlight the consultation process and enable partners, amenity organisations and the local community to adequately participate in the consultation process.
4.3 Legal
4.3.1 The designation of a Conservation Area is a statutorily recognised status. It has implications for planning policy formulation within areas that it covers and also in the determination of the acceptability of development proposals. 4.4 Equality
4.4.1 An Equalities Risk Impact Assessment has been carried out ; no issues have been raised as a direct result of this report.
4.5 Consultees (Internal and External)
4.5.1 A number of internal departments will be contacted regarding the proposed designation including Legal Services and Cemeteries. The public consultation will take the form of an eight-week consultation period with residents, businesses, partner organisation and amenity societies invited to participate. Consultation will take the form of an information leaflet and questionnaire circulated to all properties within the area highlighting the proposals and advising how to participate in the process. Details regarding the consultation will also be published on the Council’s web site. A copy of the proposed consultation leaflet is at Appendix 1
4.6 How the Proposals deliver Priority Outcomes
4.6.1 designating a conservation area will assist in meeting the ambitions of Priority 3 of the Corporate Plan in celebrating and enhancing our unique history, heritage and culture. The appraisal process also meets the guiding principles of Northampton Sustainable Community Strategy 2008-2011:
a) Engage and involve local communities; b) Involve active participation of Councillors within and outside the executive; and c) Be based on proper assessment.
4.7 Other Implications
4.7.1 Any minor, non-material changes providing clarity to the information included in the consultation will be agreed with Portfolio Holder and Director of Planning & Regeneration in consultation with the Portfolio Holder
5. Background Papers
5.1 Draft Billing Road Conservation Area Appraisal & Management Plan
Jane Jennings Team Leader Built & Natural Environment ext 7637
Jmd/committees/cabinet report template/04/10/11 Page27 The consultation period runs until Appendix 1a Thursday 15th December 2011 Proposed
The draft Re-appraisal and Management Plan document is available for viewing in the following locations: BILLING ROAD 6 Central Library , Abington Street 6 One Stop Shop at the Guildhall, St Giles Square
You can download a copy (5.5Mb) from the Northampton Borough Council website: www.northampton.gov.uk/consultation Or, contact the Conservation Team: telephone: (01604) 837637 e-mail: [email protected] Page28 Or, write to us at our FREEPOST address: Conservation Team, Northampton Borough Council, FREEPOST MID 17237, Northampton, NN1 1WJ Questionnaires are available from any of the above locations, or use the on-line form.
If you would like a copy of this leaflet in large print, Braille, audiotape or a translation into another language, please contact:
AJGrayon 01604 837861 or @ [email protected]
Planning Policy & Conservation Northampton Borough Council, The Guildhall, St Giles Square, Northampton NN1 1DE About this leaflet Demolition of buildings The Billing Road Conservation Area is a proposed new conservation Conservation area consent is required for the demolition of most area designation. This is an urban area lying immediately to the east of buildings and structures, including walls and outhouses. If demolition is Northampton town centre. The Billing Road is one of the main roads being considered then advice should be sought from the council. providing access to the town centre from the east. The Council would Trees like to create this new conservation area because of the consistently high architectural quality of the buildings which line the north side of If you wish to prune or fell trees above a certain size (those with a trunk the Billing Road and part of Cliftonville. diameter of over 7.5cm at a height of 1.5 m) within a conservation area, you are required to give the council six weeks notice in writing. The architecture of this area provides excellent examples of status- conscious mid-Victorian building between 1850 and1890. There are a Design of new development variety of house types, terraced, semi-detached and large detached, The council has the power to require a very high standard of design ranging from modest freeholds to important architectural commissions. which is sympathetic to the existing boot and shoe industry Each building is striving to establish its own special level of environment. New development must make a positive contribution to respectability. The contrast between uniformity and individuality, the character of the area. This can mean you will need to submit fashion and eccentricity creates visual vitality and interest along its additional information about your plan – for example full details of the entirePage29 length. The inhabitants included a former Town Clerk, several proposal, how it relates to adjacent buildings, and examples of boot and shoe manufacturers, and Pickering Phipps of the important materials and colours. Usually only a fully detailed planning application local brewing firm and twice mayor of the Borough. will be considered, which should be accompanied by a design statement. What we need to know The council will advertise all planning applications affecting the character of a conservation area both on-site and in the local paper. This short leaflet aims to provide some highlights about the architecture and character of the Billing Road, taken from the full appraisal used to inform the decision to propose a new conservation Conservation Area Advisory Committees area (for information on how to find the Some of the existing conservation areas benefit from Conservation appraisal see the back cover of this leaflet). Area Advisory Committees. These are independent community-led It may be helpful to read the full appraisal groups. They set their own terms of reference and priorities in order to contribute towards the protection and enhancement of these before completing the questionnaire as it conservation areas. Northampton Borough Council consults these provides an in-depth view about the history groups on planning applications within conservation areas so that they of the area. can use their local knowledge to help influence change and We would like your views on whether we development. should designate a new conservation area If you are interested in being part of an Advisory Committee for this for the Billing Road, and on the proposed area, please indicate this on the questionnaire. boundary. 34-35 Billing Road (Addison Villas) 2 11 What does living in a Conservation Area mean? There is a short questionnaire in the middle of this leaflet for you to pull out and return to a FREEPOST address, or you can reply on-line at The designation of a conservation area indicates the council's positive www.northampton.gov.uk/consultation. commitment to these areas and its intention to preserve and enhance the quality of the environment. However, conservation areas are not The proposed Billing Road Conservation Area open-air museums but living communities which must be allowed to change over time in order to remain vital and prosperous. It is important that all new development in conservation areas should be sympathetic to the special architectural and aesthetic qualities of the area, particularly in terms of scale, design, materials and space between buildings. It is important to note that the designation of a conservation area will not affect changes which have already taken place. Rather, it will seek to ensure future change does not detract from the historic character of the area. The council has statutory powers to control changes within
conservationPage30 areas. It is always advisable to seek planning advice before making any changes. This is because, in addition to the normal requirements for making planning applications, in a conservation area, planning permission is required for work that would ordinarily constitute “permitted development”. This includes: Lyvedon Terrace 6 exterior cladding with different materials, such as imitation stone Stages of development 6 side extensions, or the construction of any other building or Development of this area did not proceed outwards from the town structure to the side of the house centre in an orderly fashion. Most of the buildings along the Billing 6 rear extensions of more than one storey Road date from the 1860s to the 1880s, and show a variety of styles and 6 roof extensions, including insertion of dormer windows tastes which co-existed during that period. The development of the 6 the installation, alteration or replacement of a chimney, flue or soil General Hospital (1793), St Andrew's Hospital (1837) and the cemetery and vent pipe visible from the highway (1847) all preceded the houses. 6 erection of an aerial or satellite dish facing on to the highway Cliftonville and the central part of Billing Road were developed first, 6 installation of solar panels: whether roof- or wall-mounted, if they around 1850-60, with substantial residences set within their own are to be sited on a principal frontage, or facing the highway grounds. Lyveden Terrace (nos 45-49 Billing Road) dates from around 6 limits on the size of domestic and industrial extensions. the same time, whilst other terraces followed in subsequent decades. Addison Villas, by noted local architect Matthew Holding, were among The local authority may also selectively restrict specific development, the last buildings to be completed, with the exception of more recent such as changes to windows, doors, walls and fences, through infill development. applying an Article 4 Direction. 10 3 Characteristics of the area What will the Billing Road Conservation Area mean? There is a marked contrast between the The special character offered by the Billing Road can be protected appearance of the north and south of Billing through its designation as a Conservation Area. The Billing Road Road. The hospital buildings and grounds evaluation has identified that there are relatively few areas of negative dominate the south side, while opposite sit townscape value. The most significant of these is the Billing Road large south-facing villas and imposing Cemetery, particularly the entrance and lodge building. terraces. This is again contrasted by the nine tightly-packed terraced streets which join the The evaluation: Billing Road at right angles from the north – 6 Identified the historically important parts of the area that need to be some of which have been included within the protected new Boot and Shoe Quarter. 6 Provided guidance on how new building and other works can Although the uses of many of the buildings enhance the character of the area and the sense of place have changed over time, the area remains 6 Identified policies that will improve the issues which detract from the fundamentally unaltered since 1890 and Doorway, 44 Billing Road overall character of the area retains its air of prestige. This is an area of exceptionally consistent high-Page31 quality buildings. Almost all of the 80-plus buildings included There are already some particular issues which have been identified within the proposed boundary are either listed or are of local list quality already: (noted for their special local architectural and historic interest). 6 Some loss of architectural features and fabric Boundary walls and railings, entrance gates and piers (solid supports) 6 Vulnerability of front gardens, including boundary walls, railings, are a characteristic feature of this area, demonstrating ownership gates and gate posts boundaries, and, together with the evidence of many original individual 6 Commercial advertising and signage house names and terrace names, proclaim a special pride in property. 6 Development of rear extensions and Fine examples of the use of local building materials and a diversity of land in rear gardens with loss of historic architectural embellishments add to the lively ancillary buildings, such as coach houses street presence of the buildings. 6 Parking: signage, traffic management and highway lighting The Billing Road Cemetery opened in 1847. It was originally established by private 6 Condition and potential of Billing Road enterprise on a then out-of-town site. It Cemetery provides a contrasting oasis of green and calm within a now urban setting. Conservation area status can encourage civic pride and a clear sense of place and Single mature trees, some of which may well identity. This can encourage inward date from the late 19th century, punctuate the investment to improve the area. street scene with great presence and add to
Robert Fossett memorial the genteel character of the road. This is in Fence & gate, 30 Billing Road 4 9 contrast to the neighbouring Boot and Shoe Conservation Area which is characterised by few trees and greenspaces. The addition of other garden trees provides summer shade and interest which counteracts the impact of this busy traffic route. What are conservation areas A conservation area is an area which has special architectural or historic interest and whose overall character should be preserved or enhanced. In Northampton there are 20 existing conservation area of different types, covering a wide range of locations, each with their own individual character and architecture. Historically they have typically covered attractive rural villages, such as Hardingstone, Collingtree and Great Billing; the historic town centre –
8-21 Billing Road including building such as All Saints, County Hall and the Guildhall; and the large majestic houses surrounding Abington Park and the
BoundaryPage32 Racecourse. A recent designation was the Boot and Shoe Quarter, which aims to conserve the industrial heritage of the town. The boundary of the conservation area is defined by what the area offers in terms of character and historical context as a cumulative The designation of the Billing Road Conservation Area will recognise whole, rather than the individual buildings. Listed buildings have and protect the high quality architecture of this area. statutory protection and therefore it is not necessary to include them all within the boundary unless they are fundamental to defining the character of the area as a whole. It is considered that the inclusion of the General Hospital and St Andrew's Hospital do not offer any additional value to the proposed conservation area. These have protection already since they are listed buildings. However, the boundary walls and fences of these sites (along with the gates, gate house of St Andrew’s and the adjoining no 80 Billing Road) have been included within the proposed boundary as they directly contribute towards the character of the Billing Road. The proposed Billing Road Conservation Area lies adjacent to the newly created Boot and Shoe Conservation Area and St Giles Conservation Area. Each of these areas has its own unique character and historic value. St Andrew’s Gate Lodge 8 5 Proposed Billing Road Conservation Area
WILBY STREET
ST EDMUND’S STREET
BARRY ROAD
Boot and Shoe Conservation Area UPPER THRIFT STREET Billing Road Cemetery
Robert Fossett Memorial
ALEXANDRA ROAD CYRIL STREET Page33 ALFRED STREET
VICTORIA ROAD 76 69 DENMARK ROAD BILLING ROAD 58-59 64 YORK ROAD THENFORD STREET 57 45 43 & 44 53 Gate Lodge 39 42 80 40 41 28 29 30 St Andrew’s 36-38 Main Gateway St Giles 14 27 8 21 22 2 7 Conservation BILLING ROAD Oxford St Andrew’s Area Dispensary House Battle House Beaumont Hospital
CLIFTONVILLE General Hospital Sunnyside (front central block) Redlands The Winton THE AVENUE Spring Hill Villa CLIFTONVILLE Lindens CHEYNE WALK Chapel CLIFTONVILLE Springfield ROAD
Proposed boundary of the Listed buildings Buildings making a positive contribution © Crown Copyright. Licence Number 100019655 conservation area What happens to your feedback? Feedback Questionnaire Appendix 1b All feedback will be part of the statutory planning process and will be made available for public viewing. In addition to your comments this may include Proposed your name and who you represent (if applicable). Your contact details will not be disclosed. BILLING ROAD
Please send in your response by Conservation Area Thursday 15 December 2011 Northampton Borough Council is consulting on whether to create a new conservation area. The proposed Billing Road Conservation Area includes Billing Road from near the inner ring road up to the Cemetery Please provide your contact details: and part of Cliftonville. The summary leaflet will help you to make a response to this Name consultation. There is also a full evaluation of the proposed Page34 Address conservation area, describing its history and its quality. The consultation documents are available to view in the following locations: ! Central Library, Abington Street Postcode ! Council Offices, (One-stop shop) Guildhall Tel It is also available on the council’s web site as a 5.5Mb .pdf download: e-mail go to www.northampton.gov.uk/consultation
If your comments represent those of an organisation please state You can make comments in one of the following ways: which: ! on-line at www.northampton.gov.uk/consultation ! e-mail [email protected] ! or send this questionnaire to Northampton Borough Council at Planning Policy & Heritage, Northampton Borough Council, What will we do with your details? FREEPOST MID 17237, Northampton NN1 1WJ The information you provide to us will be held on a computer database and will only be used by, and on behalf of Northampton Borough Council in delivering effective services to our customers. Q.1. Please indicate your connection to the area (tick all that apply) Q.4: What do you think could be improved within the proposed conservation area? Live Work Other (please state)
Q. 2 Please indicate your level of support for:
Strongly support Support Neitheragainst for nor Do not supportStronglysupport do not Q.5. Would you be interested in becoming a member of a Billing Road Conservation Area Advisory Committee? 2a. the principal of creating the Billing Road conservation area Yes No (if “yes”, please remember to give your contact details overleaf). 2b.Page35 the boundary outlined on the map in the leaflet Q.6. Are there any other comments you would like to make? 2c. Do you have anything to add?
Q.3: Is there anything that has been missed in evaluating the conservation area? Agenda Item 10
Item No. Appendices 10 2
CABINET REPORT Report Title Grosvenor/ Greyfriars Development
AGENDA STATUS: Public
Cabinet Meeting Date: 12 th October 2011
Key Decision: Yes
Listed on Forward Plan: Yes
Within Policy: Yes
Policy Document: No
Directorate: Planning & Regeneration
Accountable Cabinet Member: Cllr Tim Hadland
Ward(s) Castle Ward
1. Purpose
1.1 For Cabinet to be updated and endorse the significant progress made to date in satisfying the conditions in the Development Agreement (DA) made between this Council and Legal and General. 1.2 To highlight key issues and implications of recommendations within the report. 1.3 To obtain Cabinet’s approval to a number of proposals particularly regarding the provision of a Bus Interchange.
2. Recommendations
2.1 That Cabinet approve, in principle, the use of land owned by this Council shown edged red upon the attached plan at Appendix 1, comprising the former Fish Market property at Bradshaw Street, and Numbers 5 and 7 Sheep Street for the provision of a new bus interchange that would remain within the freehold ownership of this Council.
1 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page36 pry4.doc 2.2 That Cabinet agrees the principles of the proposed conditional agreement set out in Appendix 2 (to facilitate the surrender of an existing lease and other rights in favour of Stagecoach relating to Greyfriars Bus Station) and delegates to the Director of Planning & Regeneration authority to agree final terms of that agreement and to complete that formal agreement in consultation with the Portfolio Holder for Regeneration & Enterprise.
2.3 That Cabinet supports the principle of using its property (where possible and appropriate) to provide alternative accommodation for Northampton Arts Collective Limited (NAC), on terms to be agreed. Cabinet delegates to the Director of Planning & Regeneration authority, in consultation with the Portfolio Holder for Regeneration & Enterprise, to agree suitable terms that may include, amongst other things, a rental basis at initially less than full market value, and being reasonably satisfied that any such terms are affordable and that the Arts Collective can demonstrate a robust business plan going forward.
2.4 That Cabinet delegates authority to the Director of Planning & Regeneration, in consultation with the Portfolio Holder for Regeneration & Enterprise, to enter into a funding agreement with (1) Department for Communities and Local Government (CLG) and/or (2) West Northamptonshire Development Corporation (WNDC) concerning the provision of funding by WNDC, to facilitate (a) the satisfaction of the principal conditions of the Agreement relating to existing bus station rights (at 2.2 above) and (b) to support the costs of construction (ref 3.2.3) of a new bus interchange upon the land owned by this Council identified in Appendix 1.
3. Issues and Choices
3.1 Report Background
3.1.1 In October 2009, Cabinet authorised Officers to enter into a Development Agreement (DA) with Legal & General (L&G), this was completed on 12 th November 2009. Much work has progressed to complete the conditions precedent in the Agreement. The scheme is the Council’s priority town centre regeneration project and is supported by key partners including West Northamptonshire Development Corporation (WNDC) and Northamptonshire County Council (NCC).
3.1.2 Under the DA, the Council has responsibility to exercise reasonable endeavours in key workstream areas to:
• Deliver improvements to Grosvenor car park • Secure terms with Stagecoach on an early termination of their lease and other rights at the existing bus station • Progress the provision of an alternative bus interchange facility to enable vacant possession of the Greyfriars site • Secure funding to deliver Stagecoach relocation and a new Bus Interchange.
3.1.3 Progress on these key workstreams is summarised below:
2 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page37 pry4.doc 3.1.4 Improvements to Grosvenor Car Park – the conditions in the DA have been duly met by the Council in that professional advisors were appointed in March 2010 and a design specification was produced in July 2010 leading to a works contract being let to Concrete Repairs Ltd in October 2010. A contract extension was agreed and instructed in June 2011 to provide further improvements in accordance with provisions of the DA and within the original approved budget. Works are expected to be completed by October 2011.
3.1.5 Agreement with Stagecoach regarding rights relating to the existing bus station - Heads of Terms were agreed with Stagecoach in July 2010 and subject to resolution of any minor final details a formal Agreement is ready to be concluded, on the basis set out in Appendix 2 (in the form of a ‘Plain English’ summary).
3.1.6 In summary, the Agreement provides for Stagecoach (United Counties Omnibus Company Ltd) to give up their rights under their existing lease and ancillary agreements in return for a total payment of £5m. Payment is proposed to be funded by WNDC (£4m) and by NBC (£1m) (for which Cabinet approval was secured in January 2011). WNDC approval, in principle, has already provided for the £4m in their capital programme and expects to consider formal approval of this at a meeting of its Board on 15 th November 2011, together with terms and conditions. The payments are proposed to be made in two tranches and will facilitate Stagecoach constructing a new combined depot and giving up their layover rights by 30 th March 2013. Whilst WNDC briefing of CLG has commenced on this, release of funds will be subject to CLG approval following WNDC Board meeting. It is hoped that CLG approval will be achieved before Christmas 2011 to maintain the programme. NBC will need to be fully satisfied that WNDC’s terms and conditions for the release of grant are reasonable, fully recognise NBC’s capital in kind contribution to the developments, and are affordable.
3.1.7 New Bus Interchange – Following extensive option appraisal and feasibility work over the last year and consultation with user groups, a report led by NCC has set out the considerations relevant to potential alternative bus interchange sites. This study recommends the former Fish Market, detailed in Appendix 1, as being the preferred site. Elsewhere on this Cabinet agenda a report dealing with the progress of the Northampton Central Area Action Plan outlines the Council’s approach towards allocating the former Fish Market site as the preferred location for a new bus interchange serving the town. The report sets out in more detail, the studies and option appraisal work carried out in partnership with key public and private organisations that has identified the preferred site and option (Fish Market and surrounding area).
3.1.8 The preferred site provides a central location for bus access to the town centre and easy connection with key planned regeneration projects. The bus interchange location proposed provides easy pedestrian access for passengers to key parts of the town centre, in particular the main existing (and proposed) retail centres, the Market Square and facilitates easy access to other key areas including the Guildhall, County Hall, the Royal & Derngate theatre, St Johns, leading to Beckets Park and the river. It also facilitates easier pedestrian access to Castle Station.
3 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page38 pry4.doc 3.1.9 The particular scheme being progressed provides for delivery on land wholly or principally owned by NBC and this helps render the scheme viable and deliverable. This Council is currently working with NCC who have taken lead responsibility for the progress of the design and preparation of a Planning Application for the new bus interchange by January 2012, with construction to start in Summer 2012, subject to full funding being available.
3.1.10 WNDC have agreed in principle, in addition to the funding of the Stagecoach Agreement, to also fund £4m towards the costs of the new bus interchange facility, subject to terms and conditions. The detailed design work to refine costs is being undertaken by NCC, in conjunction with NBC.
3.2 Issues
3.2.1 Grosvenor Car Park improvements – Improvements will be completed in accordance with the building contract by October 2011 and will satisfy the relevant Development Agreement pre-condition. Regular meetings with Legal & General have been held and NBC continue to monitor and react to any construction related issues. The Council has certain obligations under the DA in relation to the Mayorhold car park. The extent of works necessary to address these obligations is being defined.
3.2.2 Stagecoach Agreement – The terms are agreed in principle by Officers and the Agreement can be concluded by late October/ early November 2011. The Agreement to surrender rights is conditional on the £5m funding being provided. In addition to the £1m NBC approved funding, WNDC have, in principle, allocated £4m in their Capital programme. Approvals will be sought from WNDC Board at its meeting on 15 th November 2011. It is expected that formal CLG sign off will be required to this. Council Officers have been working closely with WNDC Officers to progress CLG briefings and support them through the provision of a funding proposal and an economic impact assessment. An agreement in principle by CLG is expected to be secured in advance of the WNDC Board meeting. WNDC capital expenditure requirements may require the sums to be transferred to NBC for payment to Stagecoach. Provision is made in the Stagecoach Agreement for potential changes to the amounts payable in tranches 1 & 2, the total being £5m (subject to contract).
3.2.3 New Bus Interchange Funding – Whilst feasibility studies have estimated the cost of the preferred new bus interchange, progression of the detailed scheme design and of a planning application will provide more certainty of the anticipated costs. A formal cost estimate, based on a final sketch plan design, is expected during October 2011. WNDC’s capital programme currently has an allocation of £4m towards a new bus interchange. All other potential funding streams are currently being explored, in case the final design exceeds the budget currently available. Members are asked to note that this may be an issue for the project. Design work is being undertaken by NCC’s appointed consultants and it is proposed that their consultants will also be engaged in project managing the construction phase. Any further funding required will need to be secured by the Partners prior to commencement of a works contract.
4 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page39 pry4.doc 3.2.4 New Bus Interchange – It is helpful that the preferred site of the new bus interchange can be accommodated wholly on NBC owned land. This enables the Council to facilitate delivery without land acquisition negotiations or the potential need for compulsory purchase orders. This Council would, however, in utilising its land as set out in Appendix 1, have to forgo the opportunity to receive capital receipts whilst this site continues to be used as a bus interchange. The land could, if used for the retail purposes set out in the pre- submission draft Central Area Action Plan, (CAAP) (Policy 19: Former Fish Market and adjoining building) have a higher re-development value than its value in use as a bus interchange facility. Adjacent property on the site identified within the area covered by CAAP: Policy 19 (Fishmarket Island Site) not required for the bus interchange itself, could be potentially re-developed in the future for more intensive commercial development as an attempt to partly reinstate and reconnect Sheep Street. Any further funding required will be considered by the key partners on progress of the design but needs to be identified before the WNDC Board meeting in November 2011. NCC as local Highway Authority will need to publish road closure/ traffic orders, as required, to enable the project to progress.
3.2.5 New Bus Interchange and Central Area Action Plan – A separate report to be submitted to Cabinet by the Head of Planning will deal with this matter, as referred to in 3.1.7 above. This relates to the proposed allocation of the Council’s land and adjacent land on the “Fishmarket Island” site within the CAAP and the implications flowing from its alternative use as a bus interchange facility. Focussed changes proposed to the CAAP will deal fully with the implications for retail space provision within the town centre.
3.2.6 Existing Tenant of Fish Market: Northampton Arts Collective – Northampton Arts Collective Limited (NAC), currently occupy the former Fish Market site at Bradshaw Street on terms agreed following Cabinet approval in 2009. Council Officers are currently meeting and discussing with NAC their possible relocation to another site. Several sites have been discussed and 34 & 36 Guildhall Road are both being considered as options. No. 34 Guildhall Road is currently leased from this Council by the Royal & Derngate Theatre Trust and is used as a properties store. However, the Trust has indicated their willingness to co-operate with the Council and NAC in relation to potential re- location options. No. 36 Guildhall has been vacant for approximately 7 years. Both buildings would need considerable investment to enable their use either by the NAC or for any other uses that involved public access to them. Both buildings are Grade II listed. Officers will continue to work with NAC to explore the feasibility and affordability of alternative locations and importantly secure confirmation from NAC, through a robust business plan that they are viable as an organisation going forward.
3.2.7 A formal Landlord and Tenant Act Notice has been served on the NAC, that expires in March 2012. This obliges them to vacate the property on grounds of redevelopment. It does not require this Council to provide alternative accommodation, but will entitle NAC to a compensation payment linked to the rateable value of the premises.
5 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page40 pry4.doc 3.3 Choices (Options)
3.3.1 Stagecoach Agreement – to facilitate the early release of the Greyfriars site for major regeneration in accordance with this Council’s stated plans and policies, the Stagecoach Agreement needs to be completed as soon as possible. If the Agreement is not completed, then the alternative option would require the Council to wait for expiry of the current lease on 1 st May 2023. On expiry of the current lease, Stagecoach, as a tenant under the Landlord and Tenant Act would have to be served notice on certain specified grounds to obtain vacant possession and would be entitled to compensation at that time. The proposed Agreement provides, at this stage, a window of opportunity for the Council to progress its priority regeneration project whilst key partners are agreeable to the terms and the required funding is available from NBC/ WNDC. Delay to exchanging this Agreement would be critical to the delivery of this major retail regeneration project and harmful to the growing success of Northampton and related enterprise projects.
3.3.2 New Bus Interchange – The choices for bus interchange sites have been evaluated and the current option selected on the basis of costs, deliverability and location. The further workings are set out in a separate report prepared by the Head of Planning. A choice not to utilise the Council’s land described in Appendix 1 would be more costly and would adversely affect delivery. In any event the Council may need to consider further funding streams to help meet the cost of this facility - subject to the progress of design and planning applications, and more detailed cost estimates. The new bus interchange would sit within a conservation area and be a gateway to the town. The building would need to be of a good quality. The designs will be reviewed to ensure value for money whilst maintaining quality. Delay would be critical to the delivery of this major retail regeneration project and harmful to the growing success of Northampton and related enterprise projects.
3.3.3 New Bus Interchange, CAAP – See separate report to 12 th October Cabinet being taken by Head of Planning.
3.3.4 Existing tenants of Fish Market – The Northampton Arts Collective Limited (NAC) are currently occupying the former Fish Market. A notice to vacate the property was served upon them in September 2011. The Gallery and workspace operated by NAC is generally open Thursday to Saturday in the summer and less frequently in the winter due to the buildings lack of heating. It is though recognised as providing opportunities for innovative arts activity in the Town and has been supported in its programmes to date by this Council, NCC, Arts Council England, WNDC and University of Northampton. To maintain a similar arts facility in Northampton, NBC could choose to offer an alternative property to NAC. There will be a cost to bring suitable alternative Council owned properties up to a standard for public access. The alternative choice is to pay to NAC only the limited statutory compensation they are entitled to under Landlord and Tenant Act legislation, but not to offer them a lease of alternative property owned by this Council. A very small part of the Fish Market complex is used for storage and is let to a third party by this Council. A notice has also been served upon this person to obtain vacant possession in March 2012. They will be entitled to a small amount of statutory
6 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page41 pry4.doc compensation. In addition, there may be extra costs, not yet fully known, to remove the market compactor and re-provide stall storage.
4. Implications (including financial implications)
4.1 Policy
4.1.1 The Grosvenor/ Greyfriars project reflects the Council’s adopted priority Regeneration project as supported by Cabinet in December 2006, October 2007 and June 2008. It also features as a key action set out in the Northampton Economic Regeneration Strategy. These proposals support the following Regional and Local policies:
• The Council’s Corporate Plan • The Regional Economic Strategy • The Sub Regional Economic Strategy • The Regional Spatial Strategy • The Milton Keynes and South Midlands Sub-Regional Spatial Strategy • The adopted Northampton Economic Regeneration Strategy • The adopted Northampton Housing Strategy • The pre-submission West Northamptonshire Joint Core Strategy and Central Area Action Plan
4.1.2 The CAAP contains detailed policies that planning applications for the development of the Grosvenor/ Greyfriars will be assessed against. A fundamental element that a Planning Inspector will want to address in determining the soundness of the CAAP will be the extent to which its vision, objectives and policies can be delivered. The signing of the DA between the Council and L&G provides positive evidence in supporting the delivery of the Council’s emerging policy, particularly in terms of its retail priorities and Town Centre regeneration. Progress of the items in this report will also signal positive progress of the Council’s emerging Policy.
4.2 Resources and Risk
4.2.1 Grosvenor car park - This Council is completing the major works on the Grosvenor car park costing £1.75m. Works are expected to conclude by October 2011. Costs of these works are contained within an existing capital allocation.
4.2.2 Stagecoach – NBC have previously agreed to contribute £1m to the £5m Stagecoach Agreement. WNDC are looking to commit £4m at their November 2011 Board meeting with subsequent CLG approval, subject to terms and conditions. Draft terms and conditions relating to the £4m grant towards the buy-out of Stagecoach have already been discussed by WNDC Officers at the WNDC Board. These draft terms will need careful consideration to assess risk and to ensure they have full regard for the Council’s capital commitment in kind to these developments. These negotiations are ongoing.
4.2.3 Bus Interchange – In addition to the £4m funding for the Stagecoach Agreement, WNDC are also proposing to commit £4m at the same Board meeting, to the building costs of the bus interchange. NBC will need to sign a 7 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page42 pry4.doc funding agreement with WNDC. There is the potential for a clawback provision in this agreement, requiring funding to be re-paid if the wider project is not achieved. If such provisions are accepted, this would represent a level of future financial risk for this Council. It is expected that NCC as the transport authority will continue to lead the design and build of the bus interchange. Reduced operational revenue costs are anticipated for NBC as a result of delivery of this wider project as referred to in reports associated with the Legal & General DA.
4.2.4 Alternative premises for Northampton Arts Collective Limited – As a minimum, the Council will be obliged to pay statutory compensation to the NAC, related to the rateable value of the premises for giving up their existing tenancy. This will be up to £25,850. If the Council agree to provide alternative accommodation there would be costs to make the property fit for public use. It may be possible that some of the costs may be able to be met by other funding partners of NAC.
4.2.5 Under the terms of the DA this Council does have some limited obligations to undertake certain works to the Mayorhold car park. This may require some capital expenditure to address identified issues. The level of expenditure required is being quantified.
4.2.6 A key risk remains that the economic downturn may delay the wider project. However all parties are currently committed to the scheme and to the current programme.
4.2.7 Whilst WNDC and CLG have agreed a capital fund allocation of £8m to this project, this is still subject to WNDC Board approval and subsequent CLG approval and agreement to reasonable terms and conditions. A comprehensive package of information has been forwarded to WNDC in support of the funding request and detailed briefings provided to WNDC Officers.
4.2.8 Whilst Stagecoach has agreed terms, should the agreement not be completed then this will be a risk to the project.
4.2.9 NBC costs associated with early scheme proposals will be refundable from L&G if the DA goes unconditional.
4.2.10 Progress of all items in this report could lead to circa. £300m construction projects being delivered over the next few years contributing several £bn to Northampton’s economy over future decades. The catalytic impact of this scale of regeneration and uplift of the town’s retail offer will be substantial on other major projects.
4.2.11The current position presents a wider opportunity for delivery of the Council’s priority regeneration project which, if not grasped, may not be available again for some years.
4.3 Legal
8 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page43 pry4.doc 4.3.1 The legal issues relating to the existing tenancies of the former Fish Market property are set out above in this report.
4.3.2 Given the Council will be retaining the land at the Fish Market, it is considered that the S123 requirements in respect of disposals do not apply in these circumstances.
4.4 Equality
4.4.1 An equality impact assessment (scoping assessment) has been completed and further impact assessments will be undertaken in line with NBC policy.
4.4.2 These proposals would unlock a key regeneration site and could lead to significant benefit such as enhanced family orientated, diverse shopping facilities with a more varied and wider economic offer. Whilst recognising the need to meet the needs of young people in Northampton there will also be opportunities to improve on the offer to older people, particularly in view of the increasing older population.
4.4.3 Skilfully designed integrated ramped access will ensure that those using wheelchairs or with prams/ pushchairs have full access to all facilities.
4.4.2 The design of the proposed scheme will improve connectivity across the Town Centre and toward communities to the north and enable the re-instatement of North/ South pedestrian routes, after many years. These will benefit existing, established communities as well as opening opportunities for integrating new communities anticipated on the southern edge of the Town Centre.
4.4.4 The proposed alternative public transport proposals will ensure that bus transport is a more positive experience and more accessible than the current offer.
4.4.5 Through consultation and engagement with the wider community, (including ‘hard to reach’ groups) it is expected that the project will benefit from equality impact assessments as the design emerges. Discussions with the Developer will be ongoing through the project to seek wide improvements in meeting the needs of the town’s community, through delivery of a more sustainable town centre, through improved access. Improved transport provisions, in conjunction with this project, will provide further improved liveability for residents.
4.4.6 A developed Communication Strategy will help provide information to, and receive views and comments, from a wide section of the community.
4.5 Consultees (Internal and External)
4.5.1 Consultations and discussions have been led by the Regeneration and Development team and involved the Council’s Officers as follows: Director of Planning & Regeneration, Planning Policy Manager, Borough Solicitor, Director of Finance, Town Centre Operations Manager, Corporate Asset Manager and Communications Manager.
9 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page44 pry4.doc 4.5.2 External consultation has taken place by MGWSP on behalf of NCC and included workshops with Mobility Impaired, Disabled, OAP/ aged groups, Town Centre Partners and business groups.
4.5.3 Further consultation has taken place with the University of Northampton, Northampton Bus Users forum, and Bus Passenger Users surveys have been undertaken. There have also been discussions with the Bus operators. Workshops have also been used to discuss the transportation and highways issues where NBC and NCC were in attendance.
4.5.4 Wider consultations with other key partners include Legal and General, NCC, WNDC, NAC, Town Centre Bid and Stagecoach.
4.6 How the Proposals deliver Priority Outcomes
4.6.1 In line with the Corporate Priorities there are 3 priorities mostly covered:
• Helping create a clean, green and safe Northampton • Delivering inviting and enjoyable open spaces • Driving the development of a confident, ambitious and successful Northampton
4.7 Other Implications
4.7.1 The proposals in this report will favourably affect NBC and NCC town centre operations including management of car parks and public transport facilities. Progress of this project is expected to increase footfall within the town centre and greatly improve the ‘offer’ and economic vibrancy of the town centre and Borough.
5. Background Papers
5.1 July 2009 and October 2009 Cabinet papers 5.2 Northampton Bus Interchange Appraisal report by MGWSP and NCC – June 2011
Chris Cavanagh, Head of Regeneration & Development, tel: 8754
10 D:\moderngov\Data\AgendaItemDocs\0\2\6\AI00035620\$tox2Page45 pry4.doc Appendix 1
Page46 Appendix 2
Northampton Stagecoach Surrender Agreement.
Summary
The Northampton Bus Station is partly occupied under a lease and partly under a licence by Stagecoach. Stagecoach use the site for administration offices, overnight lay-over facilities and for the dropping off and picking up of passengers.
Under the surrender agreement Stagecoach will surrender all its rights other than picking up and dropping off passengers with those latter rights essentially replaced with a non exclusive license to use the New Bus Interchange in town centre.*
The price of the surrender is £5m. The surrender will be paid in two sums.
The Initial Sum will be a minimum of £2m. The Final Sum will be the balance of £5m less the Initial Sum.
Deal Structure and Timing of Payments
When the Initial Sum is paid Stagecoach will surrender their rights as set out above. It is likely that the Initial Sum will be paid in January 2012 when NBC receive grant funding from WNDC but no later than 30th March 2012.
Stagecoach will use Initial Sum to repay a loan made by L&G and to also build a new bus depot. Whilst the new bus depot is being built, Stagecoach will still need to use the existing bus station. To allow them to do this the Council will grant Stagecoach a Temporary Lease granting Layover Rights and a Temporary Licence to grant Interchange Rights (drop of and pick up rights).
Stagecoach will be obliged to complete the new bus depot before 30 March 2013 and surrender the temporary Lease within 20 working days of Practical Completion of the bus depot. The Final Sum will be paid on practical completion of the new Bus Depot i.e. but no later than 30 March 2013.
The New Bus Interchange & Interchange Rights
A new Bus Interchange will be built for all Bus Operators to use for Interchange Rights including Stagecoach, First Bus etc. It is likely that this will be built on the Fishmarket in Northampton and completed in May 2013 by either NBC, NCC or WNDC.
Whilst the New Bus Interchange is being built , Stagecoach will continue to use the existing bus station for Interchange Rights under its temporary licence. The New Bus Interchange must be completed in any event before 30 June 2022.
On the date of surrender of the Temporary Licence, the Council shall grant to Stagecoach (or other Group Company nominated by the Company) and the relevant Company shall accept, a New non exclusive Licence to use the New Bus Interchange.
Page47
The New Bus Interchange will be operated on a ‘not for profit, not for loss’ arrangement. Stagecoach agree to help not hinder the development of the new bus Interchange.
*there is provision in this agreement for a temporary bus interchange in the unlikely event that it has to be moved more than once.
Page48 Agenda Item 11
Item No. Appendices 11 2
CABINET REPORT Report Title NORTHAMPTON CENTRAL AREA ACTION PLAN (REVISED PRE-SUBMISSION DRAFT)
AGENDA STATUS: PUBLIC
Cabinet Meeting Date: 12 th October 2011
Key Decision: Yes
Listed on Forward Plan: Yes
Within Policy: Yes
Policy Document: Yes
Directorate: Planning and Regeneration
Accountable Cabinet Member: Councillor John Yates
Ward(s) All
1. Purpose
1.1 This report (together with Appendices 1,2 and 3) seeks to provide a response to the issues raised, following the public consultation into the Pre- Submission Draft of the Northampton Central Area Action Plan and outlines how the Council proposes to take the Plan forward.
2. Recommendations
2.1 It is recommended that Cabinet:
2.2 Approves the proposed amendments to the revised Pre-Submission draft Northampton Central Area Action Plan (detailed in Appendix 1 of this report), which constitute focused changes to the Plan.
Jmd/committees/cabinet report template/04/10/11 Page491 2.3 Agrees the updated responses to the representations submitted to the Pre- Submission stage of the Central Area Action Plan (detailed in Appendix 2 of this report).
2.4 Approves publication of the revised draft of the Northampton Central Area Action Plan for formal representation for a statutory period of 6 weeks to commence in November 2011.
3. Issues and Choices
3.1 Report Background
3.1.1 The Council is seeking to progress the Northampton Central Area Action Plan (CAAP) through to adoption as a Development Plan Document to provide for future land allocations and to set out policy guidance for future development affecting the central area of Northampton. The CAAP will form part of the Local Development Framework, replacing some of the policies contained in the Northampton Local Plan (1997).
3.1.2 The Pre-Submission draft CAAP was originally published for formal representation in November 2010, under Regulation 27 of the Town and Country Planning) Regulations 2004 (amended 2008). Representations were sought with regards to the effectiveness, justification and soundness of the policies contained in the Plan.
3.1.3 A report outlining a summary of those substantive issues raised during the consultation period was considered by Cabinet at its meeting on 16 th March 2011, where it was resolved to agree the officer responses to the representations and progress the CAAP towards submission (Appendix 2 refers). The responses have been supplemented with additional text (shown in bold in Appendix 2), where appropriate, to reflect the progress since March and the need to undertake focused changes to the CAAP prior to its submission.
3.1.4 Since the publication of the Pre-Submission CAAP, key issues have arisen that need to be taken into consideration in relation to progressing the Plan.
3.1.5 In particular;
3.1.5.a Work has progressed on a number of the major town centre projects affecting the central area of Northampton, including the proposal to redevelop the Grosvenor Centre, which requires the identification of a new bus interchange. This needs to be addressed in the CAAP.
3.1.5.b The ability to progress the CAAP in advance of the West Northamptonshire Joint Core Strategy, as the policy objectives of the CAAP are considered to be in conformity with the East Midlands Regional Plan, which, until revoked, remains part of the Development Plan for the area.
3.1.5.c In addition the resolution to agree the response to the representations referred to in Paragraph 3.1.3 above, raises the need to propose further changes to policies within the CAAP.
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3.1.6 The impacts of these issues in terms of their bearing on the CAAP are considered later in this report.
3.2 Procedure
3.2.1 Following the publication of the draft CAAP, the Council prepared a summary of the main issues raised by the representations (Paragraph 3.1.3 refers), which was considered by Cabinet. The Regulations require the Council to consider whether the representations affect the soundness of the Plan, prior to submitting the Plan to the Secretary of State for examination.
3.2.2 It is considered, taking into account the content of the representations submitted to the draft CAAP and the progress made in identifying a preferred site for a new bus interchange, that issues have been raised which affect the soundness of the CAAP (these issues are discussed below, Paragraphs 3.3.2 onwards refers). The Planning and Compulsory Purchase Act Regulations (as amended 2008) enable the Council to propose further changes to a Development Plan Document (CAAP) prior to submitting it for examination. This would provide the opportunity to address those concerns highlighted, by proposing further changes to the CAAP and undertaking consultation on those changes. The proposed changes would then be submitted for examination along with the remainder of the plan.
3.2.3 In determining the impact of any proposed amendments to a plan the Council is required to assess the level of change required and whether this constitutes either a focused or an extensive change.
3.2.4 Focused changes represent a change that affects a specific part (or issue) of a plan and should involve only a relatively small proportion of the document’s text. However, if the changes to the plan have extensive track changes to it, then this would indicate that the changes are likely to fall into the extensive changes category. An extensive change would be of key significance and run right through a plan’s content or plan area, affecting matters of strategic importance at the heart of the plan.
3.2.5 It is important to differentiate between the types of changes required as this will impact on the plan’s timescale. For example if the Council were to make focused changes to the Plan it would need to;
3.2.5.a Prepare an addendum to the published plan setting out the proposed change;
3.2.5.b Review the sustainability appraisal and implications of the proposed changes;
3.2.5.c Consult on the addendum and publish the changes to allow representation to be made on the amended draft plan.
Jmd/committees/cabinet report template/04/10/11 Page513
3.2.6 Extensive changes to the Plan would require the current version of the CAAP to be withdrawn with further work being undertaken, including evidence gathering. This would also require a revision to the sustainability appraisal and require the Council to publish the altered plan taking it back to the Regulation 27 stage referred to in Paragraph 3.1.2 above.
3.3 Issues arising from the representations
3.3.1 A detailed account of the issues that are considered to require changes to the policies contained in the CAAP are provided in Appendix 1. Changes will be required to 5 of the CAAP policies. In addition changes will also be required to the Proposals Map. (The Proposals Map shows, in map form, where the different land use policies apply). The changes proposed are considered to represent focused changes to the CAAP and will therefore only require further consultation as outlined in Paragraph 3.2.5.
3.3.2 The reasons for the proposed changes and the policies they affect are detailed in Appendix 1 and summarised in this report as follows:
Policy 1 Strategic Objectives
3.3.3 This sets out the strategic objectives that the Plan seeks to achieve, for example ensuring good public transport and cycle accessibility. These objectives are required as overarching indicators for the remaining policies of the CAAP. It is proposed to retain the objectives, but to provide them as supporting text to the overall vision of the Plan. The strategic objectives support the broad vision of the CAAP and provide specific direction to the policies of the Plan, rather than representing policy itself.
Policy 8 Bus Interchange
3.3.4 The policy contained in the pre-submission CAAP was prepared in November 2010 prior to the identification of a definitive site for a bus interchange. Consequently the policy provides a set of criteria, which were to be applied in identifying a site for a bus interchange. Further technical work in taking forward the delivery of the bus interchange has identified a preferred location; the former Fish Market site. The policy requires revision to reflect how the Fish Market site is to be developed to provide for a bus interchange.
3.3.5 A report outlining the appraisal process used to determine a preferred bus interchange location was prepared earlier this year by consultants MGWSP (background paper Paragraph 5.5 below refers).
3.3.6 The report appraised five location options as follows: Lady’s Lane on-street, Lady’s Lane, integrated with the expanded Grosvenor Centre, the former Fish Market site (entire site), Fish Market (Borough Council owned land only) and Upper Mounts car park.
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3.3.7 The appraisal process evaluated each of the sites reflecting the importance of key criteria such as deliverability versus social aspects. The Fish Market site performed the best of the options appraised and was recommended as the preferred location due to its:
3.3.7.a Access and location within the town, being within 5 minutes walking distance of the Market Square
3.3.7.b Alignment with town centre development strategy,
3.3.7.c Availability and avoidance of temporary solutions,
3.3.7.d Reduced stand numbers, which could be supported or supplemented by on- street provisions.
3.3.8 Taking forward the site on the land under the ownership of the Borough Council was considered preferable in terms of reducing the risk of significant delays that may otherwise arise through land acquisition.
3.3.9 The policy therefore requires revision to reflect how the former Fish Market site is to be developed to provide for a new bus interchange.
3.3.10 Policy 12 Town Centre Boundary
3.3.10.a This policy contained an error that required town centre proposals of over 1,000 sq. m. to undertake a sequential test. Policy legislation (through Planning Policy Statement 4- Planning for Sustainable Economic Growth) requires an impact assessment to be applied.
3.3.10.b Further, the Pre-Submission West Northamptonshire Joint Core Strategy requires an impact assessment for proposals over 1,000 sq. m. in order to demonstrate that they do not have an adverse impact on the vitality and viability of identified town centres. For Northampton there is a need to ensure town centre development is not put at risk by out of town centre development in order to help rebalance the retail position, giving a clear town centre focus. Whilst this proposed change relates to a correction of the policy wording it is considered that the amendment provides a clear focused change in the correct application of the policy. The amendment now relates to a need for a different information base being required from the applicant in seeking to justify a proposal, namely an impact assessment, rather than providing evidence in respect of a sequential approach.
Policy 15 Meeting Retail Capacity
3.3.11 This policy seeks to address retail capacity. The decision to allocate the former Fish Market site for a bus interchange means that there will be a shortfall of 6,000 sq. m. in the retail floor space provision required to meet the future population growth projected for Northampton for the plan period up to 2026. The Fishmarket site was originally allocated for retail in the pre- submission CAAP.
Jmd/committees/cabinet report template/04/10/11 Page535 3.3.12 The focused change to the policy relates to the requirement to identify Abington Street East as the replacement site to ensure future retail provision is met, whilst amendments to the supporting text outline the Council’s approach to providing for elements of convenience and comparison floor space as required by the policy.
Policy 19 Abington Street East (new policy)
3.3.13 This new policy is required to reflect changes to the CAAP, which result from the identification of a site for a new bus interchange serving Northampton. The former Fish Market site previously sought to allocate 6,000 sq. m. of retail floor space within the town centre. The identification of the site to provide for a new bus interchange requires the shortfall in retail provision to be made good elsewhere in the town centre.
3.3.14 This new policy identifies a site fronting Abington Street and St Giles Street, which contains the Northampton Central Library, to provide a viable, alternative option for meeting the identified shortfall in provision.
3.3.15 The proposed redevelopment of the site will assist in providing regeneration benefits to this part of the town, retaining the library, which is a grade 2 listed building, and respecting the setting of the Derngate and St Giles conservation areas.
Proposed focused changes to the Proposals Map
3.3.16 Changes to the above policies necessitate further amendments to the Proposals Map, primarily to reflect changes to Policy 19 to provide an additional 6,000 sq m net of comparison retail floor space between Abington Street and St Giles Street, resulting from the identification of the former Fish market site as the new bus interchange.
3.4 Progression of the CAAP
3.4.1 It was reported to Cabinet in March 2011 (16 th March 2011/item no 7/Central Area Action Plan refers) that the CAAP be progressed to submission either in parallel with, or slightly behind, the West Northamptonshire Joint Core Strategy. The report however, contained a caveat that this was subject to there being no substantial delay in the submission of the Joint Core Strategy, ie before the end of 2011. However, there has been some slippage in the submission of the Core Strategy and there is a likely need for a limited number of focused changes to the Core Strategy in response to representations made. In addition the progression of the Localism Bill and, in particular, the revocation of the East Midlands Regional Plan provides a further dynamic that could affect its submission timetable.
3.4.2 Given this uncertainty it is important that the adoption of the CAAP is not delayed. Changes proposed in the Localism Bill are unlikely to have an impact on its soundness. It is considered that the CAAP is able to progress independently from the Joint Core Strategy, towards examination. Given the focused nature of the proposed changes it is proposed the revised draft of the CAAAP be published for formal representation. This will be for a statutory period of 6 weeks to commence in November 2011, prior to Jmd/committees/cabinet report template/04/10/11 Page546 submitting the Plan to the Secretary of State for independent examination. In addition to the focused changes proposed there would be minor changes to the wording of the Plan, which do not change the policies or proposals in the Plan and therefore require no specific formal consultation.
3.5 Conclusions
3.5.1 The Planning and Compulsory Purchase Act 2004 (as amended in 2008) requires that further public consultation shall be undertaken if changes made to the contents of a published Development Plan Document are considered to alter policy contents and/or direction. As indicated above and detailed in Appendix 1 the proposed changes to the CAAP (for example the decision to allocate the former Fish Market site for a new bus interchange and to provide for retail on the Abington Street East site) constitute material changes to which the public are to be given the opportunity to make representations on.
3.5.2 These amendments are considered to represent focused changes to the CAAP as they affect specific parts of the Plan, do not go to the heart of the Plan nor impact on the key strategies aiming to regenerate the central area. Neither do they require extensive track changes.
3.5.3 The CAAP is considered to be in conformity with the requirements of the East Midlands Regional Plan (which until revoked continues to remain as part of the Development Plan to which lower order documents should be in conformity with). Consequently, the CAAP can be progressed to submission, following the required consultation on the proposed changes, in advance of the West Northamptonshire Joint Core Strategy.
3.5.4 Adoption of the CAAP at the earliest opportunity will strengthen the Council’s approach in dealing with future planning applications and proposals affecting the town centre.
3.6 Choices
3.6.1 There are three choices available to Cabinet:
3.6.1.a. Approve the proposed amendments to the CAAP as focused changes, which require a statutory 6-week period of consultation prior to submission of the Plan.
3.6.1.b As option a) but with any amendments that Cabinet consider would be appropriate and sound
3.6.1.c Not to approve the proposed amendments to the CAAP.
3.6.2 Option a) would demonstrate the Council’s commitment to provide clear planning guidance for the future regeneration and development of the town centre.
3.6.3 Option b) would achieve the same outcomes as option a) providing that any suggested amendments by Cabinet can be considered appropriate takinginto account the need for such changes to be sound, justified and consistent with national policy. Jmd/committees/cabinet report template/04/10/11 Page557
3.6.4 Option c) is not considered appropriate for those reasons outlined in the report. To delay the submission of the CAAP will weaken the Council’s position in determining the outcome of future planning applications affecting the regeneration of the town centre.
4. Implications (including financial implications)
4.1 Policy
4.1.1 The CAAP will, upon adoption, replace parts of the Northampton Local Plan (1997). It will also form part of the statutory development plan for the central area, providing an up to date policy framework assisting in the determination of planning applications as well as providing guidance for regeneration objectives.
4.2 Resources and Risk
4.2.1 The production of the Plan is a very resource intensive process. Appropriate levels of budget for future stages of the Plan have been sought and attained, through the Council’s Medium Term Plan budgetary process.
4.2.2 The Local Development Framework process is complicated. There have been several cases, particularly within the early years of the move towards Local Development Frameworks, of plans being found to be ‘unsound’ and therefore not being able to be adopted. Precautions have been taken in terms of risk analysis and support has been given by instruction of counsel and earlier on in the process by a critical friend from the Planning Officers’ Society. These have been able to advise on plan content and procedures to minimise risk of the plan not being found sound.
4.2.3 In addition the Planning Inspectorate now gives advice prior to examination on any submitted Plan identifying any potential gaps in the evidence base, which would mean that they would be unlikely to support the Plan. Therefore, in reality, the Plan is unlikely to get to submission and be found unsound.
4.2.4 However, there is still a small risk of the potential need to redo some stages prior to submission, should any deficiencies in the content or approach be identified.
4.3 Legal
4.3.1 The CAAP has been prepared in accordance with Regulation 27 of the Planning and Compulsory Purchase Act 2004 (amended 2008) and advice from Counsel. The weight attached to the Plan is a material consideration to be taken into account in determining planning applications. This increases in importance as the CAAP progresses through to adoption.
4.4 Equality
4.4.1 A full Equality Impact Assessment of the Plan has been undertaken in line with the required regulations.
Jmd/committees/cabinet report template/04/10/11 Page568 4.5 Consultees (Internal and External)
4.5.1 In producing the CAAP there has been continued extensive consultation, both internally within the Council across a number of Directorates, and with a range of external organisations and agencies, reflecting the comprehensive input of both statutory and non-statutory consultees into the process of plan preparation.
4.6 How the Proposals deliver Priority Outcomes
4.6.1 The progression of the CAAP will meet the Council’s priority to regenerate the central area, as identified in the Corporate Plan. Specifically it will contribute to the aims of Corporate Plan priority outcome 6, “Driving the development of a confident, ambitious and successful Northampton” by providing a sound planning policy framework. The emergence of the CAAP is essential to allow for the future investment and prosperity in planning the future direction of the central area, and in establishing the role of Northampton as part of the wider growth agenda.
4.7 Other Implications
4.7.1 None.
5. Background Papers
5.1 Northampton Central Area Action Plan pre-submission draft November 2011 5.2 Northampton Central Area Sites Feasibility Study 2010 5.3 Northampton Central Area Sites Feasibility Study update 2011 5.4 Sustainability Appraisal Update 2011 5.5 Northampton Bus Interchange Appraisal Report June 2011
Paul Lewin, Planning Policy and Heritage Manager, extension 8734 Richard Palmer, Team Leader, Planning Policy, extension 7279 Noreen Banks, Senior Planning Officer, Planning Policy, extension 7835
Jmd/committees/cabinet report template/04/10/11 Page579
APPENDIX 1
CENTRAL AREA ACTION PLAN REGULATION 27 FOCUSED CHANGES
Consultation Arrangement
1. Introduction
• Clarity on where we are in the plan preparation process • Progressing this stage of the Plan
2. Proposed focused changes to the Central Area Action Plan
• A: Proposed focused changes to policies and context/reason • B: Proposed focused changes to proposals map and context/reasons
3. Delivery
4. Monitoring
5. Reference / Glossary
6. Annexes
• Annex 1: Original policies contained in the pre-submission draft Central Area Action Plan (November 2010) and associated focused changes (October 2011) • Annex 2: Proposed focused changes to the Proposals Map
Page58 CONSULTATION ARRANGEMENT
Purpose
The purpose of this consultation is to gain stakeholder views on some focused changes to the pre-submission draft of the Central Area Action Plan, in conformity with Regulation 27 of the Town and Country Planning (Local Development)(England) Regulations 2004 (as amended 2008).
Responses are sought in respect to the focused changes to policies and proposals map contained in this document.
Consultation period
The consultation is for a six week period from XXX to XXX
How to respond
Electronically
You can submit your representations online:
• By completing the representation form which can be found at www.northampton.gov.uk ; or • By emailing the completed form to [email protected]
Post
You can post your completed forms to:
Focused Change CAAP Consultation Planning Policy Northampton Borough Council FREEPOST MID 17237 Northampton NN1 1WJ
Contact
If you have any questions, please contact us by email at [email protected] or by telephone: 01604 837 279
Page59 1. INTRODUCTION
1.1 In November 2010, Northampton Borough Council published its pre- submission Draft Central Area Action Plan (CAAP) Development Plan Document for public consultation for a period of 6 weeks, in conformity with the requirements of Regulation 27 of the Town and Country Planning (Local Development)(England) Regulations 2004 (as amended 2008). Representations were sought with regards to the effectiveness, justification and soundness of the policies contained in the Plan.
1.2 The CAAP provides a series of consistent and clear policies aimed at securing the improvement and extension of Northampton town centre, whilst seeking to protect the town’s historic built character and green spaces. It takes into account other current and emerging plans and strategies including the East Midlands Regional Spatial Strategy and the West Northamptonshire Joint Core Strategy, which provide the overarching strategic principles for the CAAP. The CAAP is supported by a Sustainability Appraisal which assesses the social, economic and significant impacts of its detailed objectives and policies.
1.3 Previously, the Borough Council undertook a series of consultations including an Issues and Options Consultation in September 2007, Emerging Strategy consultation in August 2009, and the publication of a pre-submission draft in November 2010.
1.4 Since the publication of the CAAP, progress has been made on the proposal to redevelop and extend the town’s principal retail offer through the redevelopment of the Grosvenor Centre. Of particular significance to this redevelopment is the need to provide a new and accessible bus interchange within the Central Area, to accommodate future passenger and operator requirements up to and beyond the end of the Plan period of 2026.
1.5 The Borough Council has undertaken further work to inform the search for a suitable alternative location for the bus interchange. The site subsequently identified as the preferred location is a site which was originally allocated for retail use in the November 2010 pre-submission draft CAAP. The CAAP will therefore be required to identify a viable alternative site to replace the shortfall in retail allocation.
1.6 The above changes relate predominantly to a specific issue concerning the allocation of sites for retail provision within the town centre. The change does not seek to alter the strategic approach to retail provision, or indeed change the overall amount of floorspace identified to be provided within the plan period. Consequently, the amendments proposed to the CAAP are considered to constitute focused changes specific to certain policies. The Council is therefore publishing these focused changes to the CAAP and inviting representations as part of the formal 6 week consultation process.
1.7 When the consultation period ends, the Council will assess the representations received and the policies subject to the focused change will
Page60 be reviewed in light of any such comments received. These policies, together with the rest of the CAAP, which has not been the subject of this exercise, will then be submitted to the Planning Inspector for independent Examination.
Page61 2. PROPOSED FOCUSED CHANGES TO THE CENTRAL AREA ACTION PLAN
A. PROPOSED FOCUSED CHANGES TO POLICIES AND CONTEXT
2.1 This document provides a list of focused changes to the Regulation 27 Northampton Central Area Action Plan DPD (CAAP) as part of the West Northamptonshire Local Development Framework, and the reasons and justifications behind the changes. The focused changes have been made to:
• reflect changes in progress made to the site allocation for a new bus interchange facility • address issues raised and further matters arising following the submission of representations as part of the Regulation 27 stage of the CAAP which was published for pre-submission consultation during November 2010.
2.2 The reasons and justifications for the proposed focused changes are outlined below. The superseded, amended or deleted policies from the Pre- Submission CAAP can be found in full, in Annex 1.
Policy 1: Strategic Objectives Proposed Focused Change: Deletion of Policy 1 (Strategic Objectives)
Reasoned justification:
2.3 Policy 1 contains a set of strategic objectives, formulated to meet the CAAP vision. Following publication of the pre-submission draft (November 2010), it became clear that the set of objectives are required as indicators from which the rest of the policies can be effectively monitored. It is proposed that this policy be deleted and that the strategic objectives be moved into the supporting text for the Vision of the CAAP and be inserted into Paragraph 3.5.3.
Policy 8: Bus Interchange Proposed Focused Change: Amend Policy 8 to reflect change to the site allocation
Reasoned justification:
2.4 Greyfriars Bus Station is scheduled for demolition as part of the wider Grosvenor Centre redevelopment. It is the responsibility of the Council and its partners to provide a new bus interchange facility in the Central Area.
2.5 In June 2011, MGWSP undertook an appraisal of 5 potential bus interchange locations (The Bus Interchange Site Selection Study, WSP, June 2011). The outcome of this appraisal evidenced that the Fishmarket site (junction of Sheep Street and Bradshaw Street) would provide the most appropriate location for a new bus interchange. The findings of the study were
Page62 subsequently approved by Northampton Borough Council, West Northamptonshire Development Corporation and Northamptonshire County Council.
2.6 In light of this new evidence base, the Council deems it necessary to make material changes to Policy 8 of the pre-submission CAAP, and other related policies. The original Policy 8 lists a set of criteria which need to be applied when identifying a site for a new bus interchange. Since a site has now been found, the focused change to Policy 8 relates to how the Fishmarket is expected to be developed for this new bus interchange facility.
Proposed Focused Change to Policy 8 Bus Interchange: Fishmarket
A new high quality Bus Interchange will be developed at the Fishmarket site, which will improve the experience of visitors, shoppers and workers coming into the Central Area.
The Bus Interchange will have:
• Sufficient capacity to cater for bus demand up to 2026
• A flexible future-proofed design to allow for any future expansion of the Bus Interchange
• Strong connections with the rest of the town that promotes movement to the Grosvenor Centre (Policy 18), Drapery (Policy 33) and the Market Square.
• Building frontages which positively address the character, setting and scale of adjoining buildings, Sheep Street and the wider townscape
• A public transport information and ticket centre
• An undercover waiting area and floorspace for ancillary retail uses
• Real Time Information Systems for bus services and CCTV
Policy 12: Town Centre Boundary Proposed Focused Change: Amend second paragraph of Policy 12 to reflect guidance in PPS4
Reasoned justification:
2.7 Following the publication of the pre-submission draft CAAP, representations were made on the error associated with the second paragraph of the policy, which refers to the requirement for a sequential test
Page63 to be applied to developments of main town centre uses which are 1,000 sq.m in size or above. This was meant to be applied to an impact assessment, in compliance with PPS4. PPS4 provides a standard threshold of 2,500 sq.m. However, local authorities are permitted to reduce this threshold where it is locally justified.
2.8 Evidence shows that Northampton suffered a significant level of out-of- centre floorspace growth in main town centre uses in recent years to such an extent that this is significantly undermining the vitality and viability of the town centre and its role. The cumulative outcome of a number of smaller schemes could potentially cause a detrimental impact to the town centre. The West Northamptonshire Joint Core Strategy seeks to address the current imbalance and harm that is being caused by competition from out-of-centre developments and large district centres. The updated West Northamptonshire Retail Study (Roger Tym & Partners, February 2011) recommended that a reduced threshold of 1,000 sq.m gross be applied for retail impact assessments. This threshold has been included in the pre- submission draft West Northamptonshire Joint Core Strategy. Due to the impact of other main town centre uses in out-of-town locations as identified in the Town Centre Health Check (Roger Tym & Partners, October 2009), it is considered appropriate to apply this threshold across all such uses.
2.9 The focused change to Policy 12 therefore confirms this requirement for an impact assessment to be applied to town centre uses schemes which at 1,000 sq.m or more in size. In addition, it also clarifies the position in relation to the preferred location for retailing, which is within the defined Primary Shopping Area.
Proposed Focused Change to Policy 12 Town Centre Boundary
The ‘town centre’ boundary as defined on Figure 8.1 Proposals Map will, for the purposes of the sequential approach, be the preferred location for main town centre uses, with the exception of retailing where the Primary Shopping Area will prevail, followed by edge of town centre sites.
Developments of main town centre uses of more than 1,000 sq m gross proposed outside the town centre boundary will be subject to an impact assessment.
Policy 15: Meeting Retail Capacity Proposed Focused Change: Amend Policy 15 to reflect the change in site allocation
Reasoned justification:
2.10 Policy 15 of the pre-submission CAAP addresses retail capacity. The pre-submission draft West Northamptonshire Joint Core Strategy (February 2011), identifies the need to provide for 45,000 sq.m net (61,000 sq.m gross)
Page64 of comparison floorspace (to 2021) and approximately 3,000 sq.m net (4,500 sq.m gross) of convenience floorspace (to 2026) in the Central Area. To meet this requirement, the Borough Council proposed to allocate three sites:
• Grosvenor Centre (up to 37,000 sq m gross) • the Fishmarket site and adjoining buildings (up to 6,000 sq.m gross), and • the Drapery (up to 17,000 sq.m gross).
2.11 The Fishmarket site was proposed to allocate up to 6,000 sq.m of retail floorspace together with associated eating and leisure establishments. The decision to allocate this site for the bus interchange facility means that there will be a shortfall in the retail floorspace provision required to meet the future population growth projected for Northampton (see Table 1). It is important for a replacement retail site to be found to address the identified shortfall in provision.
Table 1: Retail site allocations
Retail site Pre -submission Site reallocated Focused change allocation draft CAAP for a Bus CAAP October November 2010 Interchange 2011 Grosvenor 37,000 sq.m 37,000 Centre Fishmarket 6,000 sq.m -6,000 Drapery 17,000 sq.m 17,000 Abington 6,000 Street East TOTAL 61,000 sq.m 61,000 sq.m
2.12 The focused change in this policy therefore relates to identification of Abington Street East as the replacement site for retail provision. This site allocation replaces the Fishmarket site, which has been allocated for a replacement bus interchange facility. The policy splits the retail requirement into comparison and convenience, with the majority of comparison retailing expected to be accommodated on the sites identified in Policy 15. Convenience retailing of up to 4,500 sq. m gross (3,000 sq.m net) could be provided in any of the following manner:
• Accumulation of convenience floorspace within the Primary Shopping Area. This could add to the additional convenience floorspace already gained in the PSA through the conversion of the former Woolworth store in Abington Street to a Tesco Extra (over 500 sq.m net), and the inclusion of a convenience facility in the Post Office building in St Giles Street. With the expected increase in town centre population and visitors, particularly with the regeneration of the Grosvenor Centre, It might be the case that other retail units will be used for convenience after 2021 • Existing convenience retailers within the town centre boundary may wish to extend the provision in the future
Page65 • New convenience facility on windfall sites within the Town Centre boundary as defined in Policy 12 may come forward and each will be considered on its merit
Proposed Focused Change to Policy 15 Meeting Retail Capacity
The Council will accommodate 61,000 sq.m (gross) / 45,000 sq.m (net) of comparison retail floorspace and 4,500 sq.m (gross) / 3,000 sq.m (net) of convenience floorspace in the town centre in the period to 2026. The majority of this will be delivered at:
2016 – 2021
• Grosvenor Centre Redevelopment Site – up to 37,000 sq.m (as per Policy 18 Grosvenor Centre Redevelopment)
2021 – 2026:
• Abington Street East and adjoining buildings – 6,000 sq.m (as per Policy 19 Abington Street East and adjoining buildings) Buildings and land on Drapery and College Street – 17,000 sq.m (as per Policy 33 Drapery)
Policy 19: (Former Fish Market and adjoining buildings) Focused Change: Delete existing policy and replace with a new policy to reflect the change in site allocation
Reasoned justification:
2.13 The existing Policy 19 reflected how the former Fishmarket and adjoining buildings was expected to be redeveloped for retail purposes. This site was allocated to meet the retail requirements for Northampton up to 2026. Following proposed changes to its allocation from a retail use to a bus interchange facility, there is a need to identify an alternative site for retail within the CAAP to ensure future retail requirements are met up to the end of the Plan period.
2.14 The Council commissioned Roger Tym & Partners (September 2011) to undertake an independent feasibility study on a group of properties east of Abington Street / fronting St Giles Street. The study found these sites to be viable for retail use. The revised Policy 19 provides the policy direction and quantum on how the site is to be regenerated for retail use.
2.15 The proposed focused change to Policy 19 therefore relates to a new policy direction for regenerating the Abington Street East site. This will replace the original Policy 19 on retail provision within the Fishmarket, which is now allocated for a replacement bus interchange facility.
Page66
Proposed Focused Change to Policy 19 Abington Street East
The Northampton Central Library and adjoining properties fronting Abington Street and St Giles Street will be regenerated to:
• Provide up to 6,000 sq.m net of comparison retail floorspace on land between Abington Street and St Giles Street • Provide a replacement for the library and clinic services either within the regeneration site or elsewhere within the Central Area • Contribute to the improvement of the shopping frontages along Abington Street Primary Shopping Frontage and St Giles Street Secondary Shopping Frontage through incorporating the principles of the Shopfront Design Guide Supplementary Planning Document • Preserve and enhance the character of the Northampton Central Library building, and respect the setting of the Derngate and St Giles Conservation Areas
B. PROPOSED FOCUSED CHANGES TO THE PROPOSALS MAP
2.16 The following changes have been made to the CAAP Proposals Map (Appendix 3 refers) to reflect the proposed focused changes to the policies outlined above;
• Site allocation amended to reflect Policy 8 Bus Interchange • New site allocation for Policy 19 Abington Street East
2.17 Additional changes to the Proposals Map following the identification of graphical errors on the Pre-Submission version.
• Amended the Proposal Map key to accurately portrait the location of the Shopping Frontages.
Page67 3. Delivery
3.1 The redevelopment of the Grosvenor Centre is central to the increase in retail provision in the Central Area. Commitment has been shown from the owners of the Grosvenor Centre, Legal & General, when a Development Agreement with Northampton Borough Council was signed in November 2009.
3.2 To facilitate this scheme, Greyfriars will need to be demolished and a new bus interchange facility built in its place. Northampton Borough Council, together with Northamptonshire County Council as the highways authority, agreed that the best location would be the former Fishmarket site. Not only is this the best location in terms of accessibility and vicinity to the Grosvenor Centre, it is also owned predominantly by the Borough Council. This makes it a more deliverable and viable option because the land is predominantly within a single ownership.
3.3 The Borough Council, together with West Northamptonshire Development Corporation and the owners of Grosvenor Centre remain committed to meeting the following delivery timescales:
Site Proposed deadlines
Fishmarket Bus Station Planning Application: December 2011 Planning Permission: July 2012 Construction September 2012 Completion May 2013
Grosvenor Centre redevelopment Planning Application June 2012 Planning Permission December 2012 Construction 2014 Completion 2017
Page68 4. Monitoring
4.1 The following table shows how each of the proposed focused change policies will be monitored, to ensure that they are effective and deliverable.
Policy Indicator/Action Target & dates Responsible Agency
8 Planning approval July 2012 NBC Completion March 2013 NBC / NCC / L&G 12 No approvals granted for An impact assessment All applicants main town centre uses submitted alongside all over 1,000 sq.m outside planning applications for the Central Area without main town centre uses an impact assessment which are over 1,000 sq.m in size 15 Planning approval for the December 2012 L & G Grosvenor Centre Completion 2017 L & G New retail developments 2021 NBC / NCC / / regeneration under private sector construction at Abington developers Street East and Drapery 18 Completion 2017 L & G 19 Under construction 2021 NBC / NCC / private sector developers
Page69 5. Reference / Glossary
• Central Area Action Plan pre-submission draft (Northampton Borough Council, November 2010) • Sustainability Appraisal (Environ, October 2010) • West Northamptonshire Joint Core Strategy pre-submission draft (West Northamptonshire Joint Planning Unit, February 2011) • Central Area Sites Feasibility Study Update – Abington Street East (Roger Tym & Partners, September 2011) • Northampton Bus Interchange – Appraisals report (Northamptonshire Highways, June 2011) (MGWSP, Northamptonshire County Council) • West Northamptonshire Retail Study Update (Roger Tym & Partners, February 2011) • Central Area Sites Feasibility Study (Roger Tym & Partners, August 2010) • Town Centre Health Check (Roger Tym & Partners, October 2009)
Page70 ANNEX 1:
Original policies contained in the pre-submission draft Central Area Action Plan (November, 2010) and associated proposed focus changes
Note :
The main section of this Focused Change CAAP report only contains the policies which are proposed for focused change.
All the original policies affected by the proposed changes, and how the focused changes are to be made, are shown overleaf. Here, the original policies are presented with the focused changes in the following manner:
• Elements of the policies which are to be deleted are shown using a strikethrough - delete
• Elements of the policies which are new are underlined as shown – new
Page71 FOCUSED CHANGE 1
Existing Policy 1: Strategic Objective
To meet the Vision for Northampton City Centre the Council will seek to ensure that development proposals are consistent with ensuring that the following Strategic Objectives are delivered:
• SO1 – Regeneration: Expanding retail, town centre facilities and the scale of employment opportunities in the centre to match Northampton’s future role as a City at the heart of its sub-region, maximising the use of previously developed land • SO2 – a well designed City Centre: Ensuring development of the highest standard that reflects the rich architectural heritage and adds to the sense of place • SO3 – a destination of choice: Revitalising the Market Square at the heart of the new City and create and develop cultural initiatives based around St John’s and the Derngate Theatre area • SO4 – a walkable city: Making the Central Area pedestrian friendly and ‘walkable’, with an improved public realm and linkages between key destinations • SO5 – public transport and cycling: Ensuring good public transport and cycle accessibility • SO6 – a safer environment: Providing an appealing and safe environment within the urban framework and along the Waterside • SO7 – repopulate the Central Area: Substantially increasing the resident population through the redevelopment of redundant industrial areas and the regeneration of Spring Boroughs • SO8 – sustainability: Ensuring the Central Area develops in a sustainable manner and helps create a positive framework for action on climate change
Proposed New Para 3.5.3
To meet the Vision for Northampton City Centre the Council will seek to ensure that development proposals are consistent with ensuring that the following Strategic Objectives are delivered:
• SO1 – Regeneration: Expanding retail, town centre facilities and the scale of employment opportunities in the centre to match Northampton’s future role as a City at the heart of its sub-region, maximising the use of previously developed land • SO2 – a well designed City Centre: Ensuring development of the highest standard that reflects the rich architectural heritage and adds to the sense of place
Page72 • SO3 – a destination of choice: Revitalising the Market Square at the heart of the new City and create and develop cultural initiatives based around St John’s and the Derngate Theatre area • SO4 – a walkable city: Making the Central Area pedestrian friendly and ‘walkable’, with an improved public realm and linkages between key destinations • SO5 – public transport and cycling: Ensuring good public transport and cycle accessibility • SO6 – a safer environment: Providing an appealing and safe environment within the urban framework and along the Waterside • SO7 – repopulate the Central Area: Substantially increasing the resident population through the redevelopment of redundant industrial areas and the regeneration of Spring Boroughs • SO8 – sustainability: Ensuring the Central Area develops in a sustainable manner and helps create a positive framework for action on climate change
Page73 FOCUSED CHANGE 2
Existing Policy 8: Bus Interchange
The existing Greyfriars Bus Station will be replaced with a new high quality Bus Interchange which as a destination improves the experience of visitors, shoppers and workers coming into the Central Area.
The Bus Interchange will have:
• Sufficient capacity to cater for bus demand up to 2026 • Real Time Information System for bus services • A public transport information and ticketing centre • An undercover waiting area, together with toilets, cafeteria and retailing, in a pleasant and safe environment • A taxi rank plus pick up/drop off point for private vehicles • Prominent entrances and exits facing key streets and pedestrian spaces • High quality pedestrian connections to the rest of the town centre • Clear signage to and from key destinations • CCTV coverage
It will be in a location and have access arrangements that:
• Do not create unnecessary bus movements on the highway network • Is ideally no more than 5 minutes walk from the Market Square
New Policy 8: The Fishmarket Bus Interchange
The existing Greyfriars Bus Station will be replaced with a A new high quality Bus Interchange will be developed at the Fishmarket site which as a destination improves the experience of visitors, shoppers and workers coming into the Central Area.
The Bus Interchange will have:
• Sufficient capacity to cater for bus demand up to 2026 • A flexible future-proofed design to allow for any future expansion of the Bus Interchange • Strong connections with the rest of the town that promotes movement to the Grosvenor Centre (Policy 18), Drapery (Policy 33) and the Market Square • Building frontage which positively addresses the character, rhythm and scale of adjoining buildings and rest of Sheep Street • Real Time Information System for bus services • A public transport information and ticketing centre
Page74 • An undercover waiting area and floorspace for ancillary retail uses toget her with toilets, cafeteria and retailing, in a pleasant and safe environment • A taxi rank plus pick up/drop off point for private vehicles • Prominent entrances and exits facing key streets and pedestrian spaces • High quality pedestrian connections to the res t of the town centre • Clear signage to and from key destinations • CCTV coverage • Real Time Information Systems for bus services and CCTV
It will be in a location and have access arrangements that:
• Do not create unnecessary bus movements on the highway netwo rk • Is ideally no more than 5 minutes walk from the Market Square
Page75 FOCUSED CHANGE 3
Existing Policy 12: Town Centre boundary
The ‘town centre’ boundary as defined on Figure 8.1 Proposals Map will, for the purposes of sequential testing, be the preferred location for main town centre uses, followed by edge of town centre sites.
Developments of main town centre uses of more than 1,000 square metres proposed outside the town centre boundary will be subject to the sequential test.
New Policy 12: Town Centre boundary
The ‘town centre’ boundary as defined on Figure 8.1 Proposals Map will, for the purposes of sequential testing, be the preferred location for main town centre uses, with the exception of retailing where the Primary Shopping Area will prevail, followed by edge of town centre sites.
Developments of main town centre uses of more than 1,000 square metres proposed outside the town centre boundary will be subject to an sequential test impact assessment.
Page76 FOCUSED CHANGE 4
Existing Policy 15: Meeting Retail Capacity
The Council will plan to accommodate 61,000 square metres (gross) of comparison retail floorspace and 4,500 (gross) square metres of convenience floorspace in the Town Centre in the period to 2026. The majority of this will be delivered at:
2016 – 2021
Grosvenor Centre Redevelopment Site – up to 37,000 square metres (as per Policy 18 Grosvenor Centre Redevelopment)
2021 – 2026
• Former Fishmarket and adjacent buildings – 6,000 square metres (as per Policy 19 Former Fishmarket and adjoining buildings) • Buildings and land on Drapery and College Street – 17,000 square metres (as per Policy 33 Drapery)
New Policy 15: Meeting Retail Capacity
The Council will plan to accommodate 61,000 square metres (gross) / 45,000 square metres (net) of comparison retail floorspace and 4,500 square metres (gross) / 3,000 square metres (net) of convenience floorspace in the Town Centre in the period to 2026. The majority of this will be delivered at:
2016 – 2021
Grosvenor Centre Redevelopment Site – up to 37,000 square metres (as per Policy 18 Grosvenor Centre Redevelopment)
2021 – 2026
• Former Fishmarket and adjacent buildings Abington Street East – 6,000 square metres (as per Policy 19 Former Fishmarket Abington Street East and adjoining buildings) • Buildings and land on Drapery and College Street – 17,000 square metres (as per Policy 33 Drapery)
Page77 FOCUSED CHANGE 5
Existing Policy 19: Former Fishmarket and adjoining buildings
The former Fishmarket and adjoining buildings will be redevelope d in a manner consistent with the development principles contained within Figure 6.2 Policy 19 Former Fishmarket and adjoining buildings. It will:
• Provide an extension to the Primary Shopping Area • Provide up to 6,000 square metres of retail floorspace, t ogether with associated eating / leisure establishments • Positively address and enhance Sheep Street through providing a frontage that is reflective of the rhythm and scale of adjacent historic buildings • Have strong connections that promote movement to and from the Drapery (Policy 33 Drapery) and the Grosvenor Centre Redevelopment Site (Policy 18 Grosvenor Centre Redevelopment) in their role as extensions to the Primary Shopping Area
New Policy 19 Abington Street East
The Northampton Central Library and adjoining properties fronting Abington Street and St Giles Street will be regenerated to:
• Provide up to 6,000 sq.m net of comparison retail floorspace on land between Abington Street and St Giles Street • Provide a replacement for the library and clinic services either within the regeneration site or elsewhere within the Central Area • Contribute to the improvement of the shopping frontages along Abington Street Primary Shopping Frontage and St Giles Street Secondary Shopping Frontage through incorporating the principles of the Shopfront Design Guide Supplementary Planning Document • Preserve and enhance the character of the Northampton Central Library building, and respect the setting of the Derngate and St Giles Conservation Areas
Page78 APPENDIX 2
TABLE 1 SUMMARY OF MAIN REPRESENTATIONS MADE ON PRE-SUBMISSION CENTRAL AREA ACTION PLAN CONSULTATION AND PROPOSED OFFICER RESPONSE (AS REPORTED TO CABINET 16 MARCH 2011- WITH UPDATE ON RECOMMENDED APPROACH/PROGRESS WHERE APPROPRIATE).
TABLE 2 LIST OF REPRESENTATIONS MADE ON
Page79 PRE-SUBMISSION CENTRAL AREA ACTION PLAN CONSULTATION
TABLE 1 SUMMARY OF MAIN REPRESENTATIONS MADE ON PRE-SUBMISSION CENTRAL AREA ACTION PLAN CONSULTATION AND OFFICER RESPONSE
NOTE (1) Page80 PPS 12: LEGAL REQUIREMENTS AND ‘SOUNDNESS’
Representation based on the Central Area Action Plan being:
1. Not legally compliant 2. a) Not justified b) Not effective c) Not consistent with national policy
Entry made where the reason for representation is clearly stated
Entries have also been made in brackets (..) where the reason has not been specifically stated but the representation is sufficiently detailed for a reason to be assumed and entered accordingly
POLICY/ ORGANISATION/ SUMMARY OF ISSUES PLAN OUTCOME/ SECTION REPRESENTATION UN RESPONSE (ITALICS ARE COMMENTS REPORTED REFERENCE AND SOUND TO 16 MARCH 2011 CABINET. BOLD IS AND CAAP REFERENCE DUE TO RESPONSE UPDATE NOW RECOMMENDED). DESCRIPTION SEE NOTE (1) 1.0.12/Fig 1.2 Legal and General – Drivers CAAP unsound: Areas (2 a)) St James and Nene Valley retail parks and the Introduction Jonas Deloitte materially different in policy Waterside area are included in the CAAP boundary as CAAP PS0021 terms from town centre retail key areas for the expansion and regeneration of the should be removed from Central Area during the plan period. Policies 12 and 13 CAAP area ensure that the Primary Shopping Area will be the main focus for retail activity
Page81 Noted – no change
Policy 12 will be amended as part of the CAAP Focused Change to strengthen the Primary Shopping Area as the main centre for retail activity. Para 3.3 Ropemaker Properties By referring to the intention 2b) 2c) Proposals outside the central area are not resisted by West Limited- Turley Associates set out in the JCS from July JCS or CAAP policies; such developments are subject Northamptonshire CAAP PS0033 2009 to resist development to retail impact assessment. Joint Core outside the central shopping Strategy area, Para 3.3 must be Noted – no change considered unsound as it is not consistent with national policy PPS4
Policy 1 English Heritage Consistency with national 2c) It is recommended that the text of objective 2 is Strategic CAAP PS0011 guidance: Strategic Objective amended slightly – to state “SO2 – A well designed city Objectives 2 should reference the centre: Ensuring development of the highest standard, protection and management that ‘protects and enhances the significance and of the area's heritage assets setting of heritage assets, whilst contributing’ to the within the Central Area. rich architectural heritage and ‘adding’ to the sense of place .
The strategic objectives have been removed from policy as they support the broad vision of the CAAP and provide specific direction to the policies of the Plan, rather than representing policy itself. Specific non-material text changes to the strategic objectives may be made as the Plan reaches Submission stage. Policy 1 Asda Stores Ltd – The wording of SO1 should (2b)) Proposals outside the central area are not resisted by Strategic Osborne Clarke be amended to reflect the JCS or CAAP policies; such developments are subject Objectives CAAP PS0020 sequential approach to site to retail impact assessment. selection, which favours but
Page82 does not restrict new retail Noted – no change development to town centre The strategic objectives have been removed from sites. A more comprehensive policy as they support the broad vision of the approach should be taken to CAAP and provide specific direction to the policies meeting retail needs of the Plan, rather than representing policy itself. throughout Northampton Specific non-material text changes to the strategic objectives may be made as the Plan reaches Submission stage. Policy 1 Legal and General – Drivers Support for vision and Noted – no change Strategic Jonas Deloitte expanding the retail offer. Objectives CAAP PS0021 Support for strategic objectives
Policy 2 Northamptonshire Police Disappointed that crime Policy in relation to the national guidance is set out in Promoting Design CAAP PS0005 prevention through the West Northamptonshire Joint Core Strategy (S10). Excellence environmental design through As such it is un-necessary to repeat the requirement in Secured by Design is not the Central Area Action Plan referenced. Noted – no change Policy 4 Legal and General – Drivers Grosvenor Centre should not (2a)) The Grosvenor Centre redevelopment will occupy a Table C1 Jonas Deloitte be subject to Public Realm key position in the Central Area’s Public Realm and Public Realm CAAP PS0021 framework/palette zones there will be considerable scope for appropriate and integrated design within the framework set out in Table C1. The opportunity for broad principles of design to influence the Grosvenor Centre redevelopment should be retained, subject to further detailed design consideration: it may well be that the principles would only apply to parts of the redevelopment.
Consideration will be given to amending / removing Appendix C as the Plan reaches Submission. The detail in Appendix C is not directly referenced in policy may be suitable for Page83 inclusion in a public realm SPD. Policy 6 Environment Agency Needs to be supported and 2a) 2b) The Water Cycle Strategy Ph 2 (WCS) and CAAP General Section CAAP PS0025 informed by sound evidence 2c) Drainage Plan Study will move forward the evidence 4.4 base base to identify constraints and infrastructure needs. Flood Risk and The draft WCS Ph 2 is now available and the CAAP Drainage Drainage Plan Study will be completed in mid-2011.
Mechanisms to secure infrastructure will be identified in the proposed West Northamptonshire SPD on Developer Contributions, which will be developed in 2011-12.
In accordance with PPS 25, Sequential Testing and Exception Tests have been detailed in the CAAP Evidence Base – Technical Paper on Policy 6: Flood Risk and Drainage.
It is appreciated that the assembly of the evidence base needs to be completed and converted into a sound framework, to identify the implementation plan within the CAAP for the development of individual sites.
General Section Anglian Water Development Sites within The Water Cycle Strategy Ph 2 (WCS) and CAAP 4.4 CAAP PS0007 Plan as ‘Amber’ status at Drainage Plan Study will move forward the evidence Flood Risk and present – Infrastructure base to identify constraints and infrastructure needs. Water and/or treatment upgrades The draft WCS Ph 2 is now available and the CAAP Management required to serve proposed Drainage Plan Study will be completed in mid-2011. growth or diversion of existing assets may be required Mechanisms to secure infrastructure will be identified in the proposed West Northamptonshire SPD on Developer Contributions, which will be developed in 2011-12.
It is appreciated that the assembly of the evidence
Page84 base needs to be completed and converted into a sound framework, to identify the implementation plan within the CAAP for the development of individual sites.
Noted – no change Policy 6 Environment Agency Need for more conformity 2a) 2b) Policy heading Para. Amend to ‘pass the three PPS25 Flood Risk and CAAP PS0025 with Government Guidance 2c) Exception Tests’ and amend to ‘and are considered Drainage safe and appropriate for development ’ Add additional sentence ‘In addition, the sequential testing should guide the master-planning of these sites, in ensuring that uses more vulnerable to flood risk are located in areas of lowest flood risk.’ Add at end of Policy ‘ Development proposals will need to identify the effect of proposals on water quality and include, where appropriate, measures to improve the water quality, in association with flood risk considerations.
It is considered that reference to the 3 exception tests unnecessarily lengthens the polic y, the test is set out in PPS25, it is sufficient for the policy to make reference to it.
Policy 7 Highways Agency Mainly supportive – suggest Policy 7: Add ‘Priority to be given to buses where Inner Ring Road CAAP PS0010 Ring Road gives bus priority possible to cross the inner ring road and access the proposed new bus interchange’ Consideration will be given to making minor non- material text changes to Policy 7 as the Plan reaches Submission. Policy 7 Northampton Newspapers Ltd We have previously Support noted – no change Inner Ring Road – commented on the Rapleys LLP requirement to remove and CAAP PS0019 replace the subway crossing at Grey-friars and for the Page85 character of the Inner Ring Road to change at Upper Mounts. This will help to improve the pedestrian links to and from the town centre to the North. This representation should be viewed as support for the proposals. Policy 8 Highways Agency Clarify what is meant by, Policy 8: Add bullet point ‘Secure efficient access to Bus Interchange CAAP PS0010 providing sufficient capacity the new facility’ to cater for bus demand to 2026. The original response did not relate to the representation. The focused change to Policy 8 provides clarity in respect of capacity. Policy 8 Legal and General – Drivers Bus Interchange location and (2a) 2b)) The Policy sets out criteria for proposals to deliver a Bus Interchange Jonas Deloitte funding unclear – revision of high quality bus interchange. These requirements are CAAP PS0021 policy required with emphasis considered to be compatible with the feasibility and on delivery by public delivery of the project. intervention and funding Noted – no change
In the light of the results of the Bus Interchange Site Selection Study (June 2011) Policy 8 has been revised and specifies the Fishmarket as a robust and deliverable site for a new Bus Interchange facility. This will form part of the CAAP focused change consultation. Policy 9 Avon Requests Policy 9 be deleted (2a) 2b)) Policy 9 reflects a local aspiration. More strategic use Safeguarded CAAP PS0031 as the rail corridor should be of the line is not precluded by the Policy Public Transport safeguarded for alternative Route routes including Bedford, Noted – no change London, Gatwick and Brighton. The Capita Symonds 2000 and Multi Modal Studies are cited as
Page86 evidence for the feasibility of re-opening the Northampton to Bedford line.
Policy 10 Northamptonshire Police Maps appear to show There are a number of routes proposed that have been Pedestrian and CAAP PS0005 segregated routes between designated specifically for pedestrian or cyclists use in Cycling Movement pedestrians and cyclists. This relation to location and suitability. In the main there has Framework is contrary to Manual for been an effort to combine pedestrian and cycle as per Streets guidance. current guidance. Local guidelines for travel audits will need to be developed by the authority for developers. It would be appropriate to consult with the Force as part of the stakeholder group to ensure their advice can be integrated with the audit process
Ensure that the Force are invited to participate in the development of local guidelines for walking and cycle audits
Amendments to the Pedestrian and Cycling Movement Framework will be considered as the Plan reaches Submission stage. Paras 5.8 Individual Objects to not increasing Car 2a) 2b) Noted – no change Car Parking CAAP PS0028 parking to serve the 2c) The Parking Study highlighted that the town increases in the shopping and currently has around 50% more parking than it leisure and business offer. uses. Estimations on future demand that take Suggests it will lead to more account of new development, growth, etc show use of out-of town facilities. that total demand remains well within capacity. Therefore there is no need to make provision for additional parking unless it can be shown there are acceptable reasons for permitting it. The policy already provides for this flexibility Policy 11 Legal and General – Drivers Concern at ‘no additional (2a) 2b)) The definition of private off-street parking may require Parking Jonas Deloitte private parking’ in Policy 11 further explanation. The additional parking provision in CAAP PS0021 the Grosvenor Centre redevelopment will be Page87 essentially dedicated public parking Noted – no change Policy 11 Highways Agency Policy 11: These aspects are covered in the evidence base – Parking CAAP PS0010 provide more clarity on Parking Strategy parking management approach Re-examine Policy 11 in relation to evidence base and priority to the needs of short comments stay stoppers and visitors future provision and Consideration will be given to making minor, non management of long stay material text changes to Policy 11 as the Plan parking reaches Submission developer contributions for short stay parking clarify “demand management measures” and “contractual arrangements” Policy 11 Northamptonshire Police Disappointed that no Engagement with the Park Mark scheme is a Parking CAAP PS0005 reference is made to the management issue not policy. The text (5.8.2) quality of car parks within the supporting the policy does make note of developing a area. There should be a programme of improvements to parking stock to desire to deliver safer parks improve the experience for users. It notes measures through the Park Mark such as CCTV, lighting and security measures. It could scheme be amended to reference the Park Mark scheme.
Amend para 5.8.2 to read: '...Spaces could be used more efficiently by improving signage to guide people to spaces; reviewing parking charges and payment methods; reviewing opening hours for certain car parks to support weekend and evening users and using the assessment guidelines as set out in the Park Mark scheme, developing a programme of improvements to parking stock to deter criminal activity and create a safer, cleaner environment. Policy 11 Friends of the Earth Worried lack of parking 2b) Parking will be balanced with demand from growth and Parking CAAP PS0030 provision will deter modal shift targets.
Page88 businesses, if we have an over supply use it. Support Noted – no change extended shopping offer
Policy 11 Northampton General Edge of Centre Parking Zone 2b) The Hospital makes a major parking contribution. The Proposals Map Fig Hospital boundary is drawn through development of parking demand management in the 8.11 Map 8 CAAP PS0034 the middle of the hospital car plan period could lead to standards being revised. Parking park; should follow the There is a need to develop a travel plan/modal shift hospital site boundary. strategy with the Hospital
Maximum Car Parking Need for review/travel plan discussions with NGH and standard for hospitals should Northamptonshire County Council reflect the Higher Education standard. Without this Consideration will be given to making minor, non change, insufficient parking material text changes to the Plan as it reaches for staff and patients. Submission
Policy 12 Legal and General – Drivers Sequential test threshold (2b) 2c)) The Policy needs correction with the reference to Town Centre Jonas Deloitte outside town centre should be ‘sequential testing’ being replaced with ‘retail impact Boundary CAAP PS0021 lowered to 200 sq m assessment’. PPS4 in model policy EC5.4 refers to developments over 2,500sq m – a lower locally set threshold of 1,000 sq m has been included in Policy 12. It is suggested that this lower threshold is adequate to protect the town centre retail core.
The proposed amendment above has been taken forward in Focused Changes CAAP. Policy 12 CBF Funds Trustee Ltd - The CBF Funds Trustee Ltd 2c) Policy 12 needs correction with the reference to Town Centre Signet Planning objects to the wording of ‘sequential testing’ being replaced with ‘retail impact Boundary CAAP PS0037 Policy 12. It is not sound, as it assessment’. Subject to this amendment, the policy does not comply with national approach is in accordance with PPS4. planning guidance in PPS4. Page89 The use of the phrase The proposed amendment above has been taken sequential testing is forward in Focused Changes CAAP. inappropriate.
The second para. of the Policy infers that proposals for main town centre uses even within a defined district centre will be subject to the sequential approach to site selection and will be sequentially less preferable than Northampton Town Centre.
Policy 12 Asda Stores Ltd – Policy 12 specifies that the (2c)) Policy 12 needs correction with the reference to Town Centre Osborne Clarke town centre boundary is to be ‘sequential testing’ being replaced with ‘retail impact Boundary CAAP PS0020 used as the reference point assessment’. Subject to this amendment, the policy for sequential testing of approach is in accordance with PPS4. applications for main town centre uses. This is Policy 12 has been amended and states that the inconsistent with PPS4 which town centre boundary is the preferred location for specifies that, in the case of main town centre uses, with the exception of retail uses, the appropriate retailing where the Primary Shopping Area will reference point for sequential prevail, followed by edge of town centre sites. testing for retail uses is the boundary of the primary shopping area. The policy should be amended to reflect this national policy guidance. Policy 14 Barclays Bank PLC – Shire Financial services should be 2a) 2c) The intention of Policy 14 is to guide what balance of Improving The Consulting allowed to evolve alongside Class A1 frontages are considered appropriate in the Retail Offer CAAP PS0002 envisaged improvements to within the Primary Frontages as Shown on Figure 8 of shopping provision over plan the Proposal Map. It does not preclude any
Page90 period. Previous concerns consideration of an application from a financial raised at other stages of services retailer within the Primary Frontage. As with consultation and through all applications, should a financial services retailer put Joint Core Strategy include forward a proposal it would be considered on its merit. frontage designations; the Indeed, the threshold of A1 Uses has been reduced need to review Local Plan from 90% to 80% which demonstrates the Council's policies that seek to restrict recognition that alternative Use Classes can make a A2 uses in designated valuable contribution to the vitality and viability of the frontages; the need for a centre and compliments national policy which notes comprehensive up-to-date that primary frontages are likely to include a high analysis and revision of the proportion of retail uses; it does not exclude other retail policy as part of the uses. evidence base for all relevant DPDs; that banks should not Noted – no change be restricted to outmoded controls on location; that the currently proposed approach is not supported by Government policy or other evidence. The respondent is worried that the [CAAP] does not take account of these representations. Wording of policy should highlight the positive impact financial service retailers have on town vitality and viability. Para 7.5.5 Legal and General – Drivers Contributions from (2a)) Subject to the introduction of an SPD on developer Developer Jonas Deloitte development should be contributions for West Northamptonshire, a number of Obligations CAAP PS0021 negotiated on a scheme by off-site elements will be sought by means of a standard scheme basis and not be development levy/charge subject to standard charging Noted – no change Fig 6.1 Legal and General – Drivers Emphasis on indicative (2a) 2b)) ‘Indicative’ could be added to title of all Policy Policy Diagrams Jonas Deloitte nature of Policy Diagrams. Diagrams and could be defined in glossary – however, CAAP PS0021 the diagram does not represent the ‘broad aspirations Page91 of the Council’. It illustrates potential design requirements of the redevelopment. The principles will be developed within the detailed design proposals.
Title of Diagrams changed to include ‘Indicative’ Pedestrian/cycle linkage from Fish Street to be added
Amendments to individual site policy development principles will be considered as the Plan reaches Submission stage. Policy 15 Ropemaker Properties Ineffective because it cannot 2b) Tables 7.3, 7.4 and G1 give potential project outputs. Meeting Retail Limited – Turley Associates provide guidance on where Retail proposals will be subject to Policy 12 and other Capacity CAAP PS0033 the total retail requirements policies to determine outcome. should be met and how retail Noted – no change need would be accommodated in the short term.
Policy 15 Tesco Stores Ltd – Martin Additional convenience retail 2b) Additional convenience retail floor space is considered Meeting Retail Robeson should not be accommodated to be appropriate within the town centre, to provide a Capacity CAAP PS0023 in the town centre: retail mix. Such provision provides particularly for less- mobile residents using sustainable transport and will not put undue pressure on public parking. The evidence on retail provision indicates that additional convenience retail will not prejudice a high quality retail offer being realised in the plan period. Noted – no change Policy 15 Asda Stores Ltd – Whilst need exists in the (2b)) Additional convenience retail floor space is considered Meeting Retail Osborne Clarke centre for convenience to be appropriate within the town centre, to provide a Capacity CAAP PS0020 retailing, the two sites retail mix. Such provision provides particularly for less- identified as suitable for new mobile residents using sustainable transport and will convenience floor-space raise not put undue pressure on public parking. The significant challenges and are evidence on retail provision indicates that additional only likely to come forward convenience retail will not prejudice a high quality retail towards the end of the plan offer being realised in the plan period.
Page92 period. The council should not seek to safeguard Noted – no change development opportunities in the town centre at the expense of other development opportunities in Northampton Policy 15 Northampton Newspapers Ltd WNJCS has been delayed to 2a) 2b) The CAAP is being coordinated and timed with the Meeting Retail – early 2011 therefore it is not 2c) West Northamptonshire Joint Core Strategy to ensure Capacity Rapleys LLP possible to confirm whether a strategic fit on such policies. Republication in relation CAAP PS0019 the Pre-Sub CAAP complies to Retail Policy is not considered to be necessary. with the WNJCS DPD. This publication should have been The development sites identified in the Plan offer issued in parallel to let the adequate contingency in the event that elements of public and other stakeholders provision do not come forward. However, the strong comment on compliance. For probability of the delivery of major retail expansion has many policies this is not been demonstrated in the Plan. critical, however, Policy 15 requires a strategic level of Subject to ‘retail impact’ testing within Policy 12, other policy before specific sites not specifically allocated may be considered. allocations can be made,
We consider that there is a lack of certainty with no guidance that retail need will be met within the period 2016 -2021. There should be appropriate alternatives if this development proves to be completely unviable, or unviable until the economy recovers sufficiently. We also consider that other sites within the Central Area such as our clients site The Page93 Chronicle, Upper Mounts should be considered as an acceptable alternative, providing the sequential test could be met. Policy 15 should be revised and republished for consultation following the publication of the Core Strategy and the Retail Capacity Study. Policy 16 National Grid Property The Waterside: St Peter’s 2b) 2c) The Council is fully committed to establishing a viable Office and Holdings Ltd – Firstplan Way and realistic development solution for the Waterside-St Business Uses CAAP PS0022 Due to remediation costs, Peters Way site, both in promoting the soundness of office development will not be the CAAP and in achieving employment and housing viable; higher value growth in the Central Area. The site has been identified residential/retail as for office use in Policy 16 on the basis of evidence alternative: confirming that such use would be feasible. Further discussions with National Grid and other stakeholders will be essential to establish the scale and timing of required remediation.
Subject to further discussions, remediation costs may be established as abnormal. This will reinforce the need for flexibility in design and land use proposals on the site. In accordance with National guidance, it is recognised that remediation costs should form a key part of viability assessment and can influence development aspirations in a fundamental way.
There has not been any substantive progress in negotiations with National Grid in terms of seeking to resolve their representation. National Grid are now conducting a full review of the operational status of the gasholders, which should give a clearer indication on when their landholdings might become available. Page94
Policy 17 Individual Says proposed housing will 2a) 2b) The impact of proposed housing will be carefully Central Area CAAP PS0028 lead to bad congestion, 2c) assessed particularly in relation to infrastructure impact Living questions the need to – flooding, highways etc increase the CA population and is worried about flooding Noted – no change
Policy 17 Northampton Newspapers Ltd We do not consider Policy 17 2a) 2b) To conform with Policy 24, site should be amended to Central Area – is sound on the basis that upper Mounts/Great Russell Street Living Rapleys LLP elsewhere in the plan the site CAAP PS0019 is referred to as Upper Consideration will be given to making minor non- Mounts/Great Russell Street. material text changes to Policy 17 as the Plan reaches Submission. Para 6.0.19 Individual How will the hospital cope 2a) 2b) The Borough Council will work with the Hospital on the Northampton CAAP PS0028 with the 3400 extra people? 2c) Strategic Master-plan which will need to reflect the General Hospital Will need extra surgeries and growth agenda in West Northamptonshire staff with additional demand Noted –no change
Para 6.0.18 Anon Charitable Trust Agree that we need to Places of worship are regarded as community Policy 24 CAAP PS0027 provide community facilities, provision Community as there are anticipated Facilities deficiencies. Should Noted – no change Upper specifically refer to places of Mounts/Great worship Russell Street
Para 6.0.20 Northampton General Last sentence revised to Revision to wording and need for discussions with Northampton Hospital ‘Access to the hospital for NGH/NCC re travel plan General Hospital CAAP PS0034 patients and staff would be improved by integrating the Revision similar to suggested site to strategies for public transport, highways, car Consideration will be given to making minor non- Page95 parking, park and rise, cycle material text changes as the Plan reaches routes, rapid transport Submission. systems etc that would provide a viable alternative to the use of the private car’ Policy 18 Legal and General – Drivers The Grosvenor Centre (2b)) The replacement of the bus station is an integral part of Para 6.2.5 Jonas Deloitte redevelopment will help to the redevelopment design and should be retained in Grosvenor Centre CAAP PS0021 facilitate the bus interchange Para 6.2.5. Suggest rewording to ‘The redevelopment Redevelopment but not provide it – Policy will help to facilitate a replacement Bus Interchange to needs revision enhance the public transport offer and use’.
To clarify, the replacement Bus Station may not be located within the development site boundary
Bullet Point 2 Suggested revision to ‘Include provision, in conjunction with the County Council, Borough Council and other partners, for the facilitation of an interim location if necessary and a permanent replacement of the bus station, consistent with the criteria set out in Policy 8 – Bus Interchange’
The location and delivery of the bus interchange is identified in the focused change to CAAP (Policy 8).
Policy 18 English Heritage Concern over the lack of 2c) Fig 6.1 is indicative. Comments will be considered in Grosvenor Centre CAAP PS0011 clarity in the presentation of detailed design Redevelopment the policy as shown in Fig 6.1. The policy could also be Noted – no change strengthened re PPS5.
Taken together, the Grosvenor Centre redevelopment, proposed
Page96 improvements to the Mounts and the removal of the subways, also means that there is the opportunity to reinstate former street patterns and re-establish links between the town centre and the residential area to the north (The Mounts). Sensitive design solutions are needed for development in the Sheep Street area, including around Holy Sepulchre Church.
New pedestrian links between Market Square/Lady's Lane and Abington Street/Lady's Lane should take the form of open streets.
Policy 19 English Heritage Concerns over the proposed 2a) 2c) Concerns addressed in Policy Former Fish CAAP PS0011 demolition of within buildings Market and adjoining a Conservation Noted – no change Adjoining Buildings Area, this includes Fishmarket. These buildings Policy 19: Former Fishmarket and adjoining contribute to the buildings has been deleted from the CAAP. Conservation Area's However, the principle of redeveloping the significance, character and Fishmarket remains as this is the site for the new appearance. These buildings Bus Interchange (Policy 8) also contribute to the setting of Listed Buildings on the opposite side of Sheep Street. Page97 There is scope to consider the reuse and upgrading of existing buildings including Fish Market, rather than demolition.
Policy 19 Tesco Stores Ltd – Martin The Fish Market site should 2b) Bullet point 2 Former Fish Robeson not be developed for The evidence base for retail viability has identified an market and CAAP PS0023 convenience retail : under provision of convenience shopping in relation to Adjoining Buildings the planned expansion of Northampton and the need to retain the vitality of an expanded town centre by the provision of an appropriate retail offer in terms of mix and quality Noted – no change
Policy 19: Former Fishmarket and adjoining buildings has been deleted from the CAAP. The new Policy 19 identifies a site east of Abington Street as a viable, alternative option for meeting the shortfall in retail floorspace provision. Policy 19 Individual Worried about demolition of 2a) 2c) Concerns addressed in Policy 19 General CAAP PS0029 much of the historic core of Former Fish the town. Noted – no change market and Adjoining Buildings Policy 19 former Fish Market Policy 19: Former Fishmarket and adjoining etc Sheep Street frontage buildings has been deleted from the CAAP. should not be replaced but However, the principle of redeveloping the restored or your policy is Fishmarket remains. This is the site for the new contrary to PPS5 Bus Interchange (Policy 8)
Page98 Policy 21 Northamptonshire Police Care must be taken not to The policy is carefully worded so as to create an area St John’s CAAP PS0005 create a further area of night- of mixed use rather than a concentration of bars / clubs time activity away from the found in the Leisure Zone Leisure Zone which could be difficult to police Noted – no change
Policy 22 English Heritage The implications of the scale 2a) 2c) Add bullet point to Policy 22 Angel Street CAAP PS0011 of development are not ‘Proposals should be sympathetic to adjacent historic properly addressed in the buildings and have regard to Policy 3 criteria’ 2008 Master-plan for Angel Street. Also the Tall Building Strategy is critical of Consideration will be given to making minor non- monolithic blocks in the town material text changes to Policy 22 as the Plan centre and this could be an reaches Submission. issue at Angel Street. The policy does not address its relationship with the surrounding historic buildings or the rest of the town centre.
English Heritage support the principle of the reuse with mixed uses as set out in policy, subject to appropriate assessment of the impact of proposals on the significance of the heritage assets. English Heritage also support the remodelling of the Plough gyratory. Policy 23 Carlsberg UK Ltd – Gerald Bridge Street 2a) 2b) Bullet Point 5 – suggested addition Fig 6.6 Eve Residential development may ‘Development proposals will need to be wholly The Waterside: CAAP PS0024 not be appropriate close to compatible with the existing Brewery operation west of Page99 Brampton Branch brewery operation the Policy area, in terms of amenity, design, scale and St Peter’s Way land use. ’
Consideration will be given to making minor non- material text changes to Policy 23 as the Plan reaches Submission.
Policy 24 Northampton Newspapers Ltd The requirement to combine 2a) 2b) The Policy and Figure 6.8 provide a framework for Upper - the Great Russell Street site development, which does not preclude a Mounts/Great Rapleys LLP with the Chronicle site to phased/independent development of areas of the site. Russell Street CAAP PS0019 achieve 'comprehensive However, proposals will be considered in relation to the redevelopment' is neither site as a whole. justified nor effective. Adequate sites for retail expansion have been The aspirations to identified. However, additional non-specified sites comprehensively redevelop would be subject to a ‘retail impact’ assessment. the two sites should not prevent either site being Consideration to be given to change to Bullet Point 5 to developed in isolation. ‘Contribute towards public realm improvements ’ Indeed, both sites have development briefs prepared Details of such public realm/art improvements would which seek to secure future be detailed when detailed proposals for the site were integration with each other. under consideration. Such proposals may also require Moreover, this requirement is a detailed viability assessment to ascertain the not effective as the delivery capacity of the proposals to contribute to such works, partners are not signed up to in relation to the land uses proposed. combining the sites
Policy 24 states that a mixed use, but predominantly residential development is appropriate. We consider this is unsound on the basis that the requirement to develop predominantly to residential Page100 use has not been justified.
The policy requires public realm improvements, We do not consider this is adequately 'justified' or indeed the level of work outlined clearly.
The range of uses as part of a mixed use or as a single development on the Chronicle Site should include: - Residential; -Community; - Offices; -Leisure; -Education; -Cafe's, restaurants, bars; and -Local retail (subject to compliance with Policy 12).
The exact requirement for public realm improvements and the provision of enhancing pedestrian connections should be clarified. Accordingly the wording should reflect a 'contribution towards' these areas, proportionate to the level of development over and above that which exist, or previously existed at the site
Page101 Policy 25 Northamptonshire Police Commitment is needed to The supporting text (6.7.6) does make clear that the Spring Boroughs CAAP PS0005 work with all partners to Council and its partners will work together with the address the multiple issues local community to redress the future of Spring that exist in Spring Boroughs. Boroughs The Force should be a key partner in that discussion Noted – no change
Policy 26 British Waterways Support the aims of the Policy Support The Waterside CAAP PS0035 to transform this area into a Noted – no change positive asset for Northampton. Policy 27 Carlsberg UK Ltd – Gerald The Waterside: Brampton 2a) 2b) It is recognised that the Policy needs to accommodate Fig 6.10 Eve Branch St Peter’s Way possible development options at the eastern end of the The Waterside: CAAP PS0024 Policy does not provide Policy area. Further discussions will be required to Brampton Branch options and flexibility to allow ensure that all options are addressed in the Policy to; St Peter’s Way for Carlsberg expansion a) ensure that existing employment sites can expand and that opportunities for further employment growth are maximised with the growth of the Central Area b) provide a compatible and sustainable solution to the disposition of uses in the regeneration of the Waterside area.
There have been positive discussions with Carlsberg about how their needs can be accommodated in the area. This dialogue will continue with a view to satisfactory resolution prior to Examination. In particular their will need to be an assessment of the extent to which there is the ability to accommodate some or all of Carlsberg’s requirements without fundamentally undermining the viability of the vision of the Waterside St Peter’s Way.
Page102 Policy 28 Carlsberg UK Ltd – Gerald The Waterside: Southbridge 2a) 2b) Bullet Point 1 Fig 6.11 Eve West Potential sites for landmark buildings are identified in The Waterside: CAAP PS0024 Landmark building should not Fig 6.11 and the Council’s aspiration is to achieve Southbridge be limited to 3 storeys: distinctive, high quality designs of a scale and form . compatible with both the riverside location and the historic building frontage at Cotton End. This has resulted in the principle of a suggested maximum of 3- storey height development. It is felt that this approach would not compromise the provision of attractive and viable landmark buildings within the development site
Noted – no change
It is now considered that the contents of Policy 2 and the contents of the Northampton Town Centre Characterisation Study and Tall Buildings Strategy can effectively deal with an appropriate outcome on building heights on this site. This can be reflected in the submission document. Policy 28 British Waterways Support for aims of Policy Support The Waterside: CAAP PS 0035 Noted – no change Southbridge
Policy 29 Drivers Jonas Deloitte (for CEMEX owns industrial units 2b) 2c) The protection of existing employment prior to Waterside: CEMEX) in Ransome Road. development will be encouraged Avon/Nunn CAAP PS0012 Welcomes the site’s inclusion Mills/Ransome in Avon Nunn Mills Ransome Noted – no change Road Road development area. Request the following:
Preserve existing, active industrial areas until an alternative site in town is found
Page103 Support Policies 16 and 29 but urge that the development should not affect the operational use of the CEMEX site and/or commence until an alternative site is completed
Policy 29 Homes and Communities Broadly supportive. (2b)) Waterside: Agency HCA will be a key stakeholder in developing the SPD Avon/Nunn CAAP PS0015 Key issues: for the site. Constraint of road bridge noted and Fig Mills/Ransome 6.12 may be varied. Road • Questions the viability of high Noted – no change quality offices SPD guidance will examine comments • Concern about lack of consultation on the SDF and Design Guidance for Avon Nunn Mills Ransome Road • Public transport should be such that “at grade” roads and pedestrian crossings can be provided between the Avon / Nunn Mills and Ransome Road sites • Acknowledge that Ransome Road site is different from the Avon/Nunn Mills site • Figure 6.12/Policy 29: vehicular route as
Page104 drawn is not achievable until such time as the requirement for the construction of a road bridge over the rail line is removed
Policy 29 Avon The Strategic Development (2a) 2b)) The proposed SPD will formalise the development Waterside: CAAP PS0031 Framework (SDF) for Avon framework. The policy principles including the potential Avon/Nunn Nunn Mills (which informs for an office component will be developed within the Mills/Ransome CAAP Policy 29) is not a SPD Road suitable document to support CAAP policy. The SDF was Noted – no change commissioned by WNDC, WNDC aren't the plan-making authority therefore the document carries no statutory weight. Also the consultation process, with landowners, was poor. It did little to address and understand development constraints at the site.
The policy is too prescriptive in terms of allocating the different uses, location of gateway development, scale of development, density of development and the number homes to be provided on the site. In defining these
Page105 prescriptive parameters through policy the CAAP may prejudice the ability of the sites to be comprehensively redeveloped. Overall Avon are concerned about the lack of flexibility within the policy framework as set out in CAAP to allow the regeneration of the sites
The reference to 16,000sqm of additional office floor-space to meet strategic employment requirements is a reference to the SELA (2009) study - Avon objected to this study when it was carried out.
Policy 29 Avon – Savills Avon do not feel that the SDF (2a) 2b)) The proposed SPD will formalise the development Waterside: CAAP PS0031 on which the proposals are framework. The policy principles including the potential Avon/Nunn based carry any statutory for an office component will be developed within the Mills/Ransome weight. Statements about the SPD Road potential development of the site are to prescriptive not Noted – no change allowing flexibility to regenerate the site. Would prefer to see the CAAP refer to the broad aspirations of the site. It supports policy 29 but suggests the reference to Delapre was a mistake
Page106 Policy 30 Individual Objects to the loss of Park 2a) 2b) Ancillary to main continued use of park The Waterside: CAAP PS0028 space in Beckets Park for 2c) Becket’s Park more houses and offices. Noted – no change Thinks the park should be enhanced with better recreational facilities
Policy 33 English Heritage Concern over proposals to 2a) 2c) Indicative development principles will be carried Drapery CAAP PS 0011 redevelop the western part of forward to a sensitive detailed design with the Drapery through the opportunities for public realm/sense of place developed demolition of existing buildings within a Noted – no change Conservation Area. Little consideration for promoting the 'sense of place'. The proposals appear to be contrary to CAAP Policy 2 and Urban Design objective 5. This policy is contrary to policy within PPS5. Policy 35 Individual Suitable for industrial use, 2a) 2b) Noted – no change Former Royal Mail CAAP PS0028 enough housing already in 2c) Sorting Office the area. Should encourage businesses
Paras 7.5 Northamptonshire Police Trust the [contribution] The Developer Contributions Supplementary Planning Developer CAAP PS0005 phasing is intended to include Document (DCSPD) has not been completed and Obligations contributions directly to the discussions continue in relation to its development and police as well content. Further consultation will take place, which will allow the Force to actively engage with the consultation process. The SPD is being developed within the West Northamptonshire Joint Core Strategy, in association with Northampton Borough, Daventry District and
Page107 South Northamptonshire Council. It is due for Submission in November 2011 with Adoption to follow in August 2012.
Noted – no change.
However, it should be noted that the timetable for producing the SPD has been amended. Policy 37 Highways Agency Policy 37: include A45 Included in Joint Core Strategy- Infrastructure Delivery Infrastructure CAAP PS 0010 Access Management Plan Delivery Strategy Noted – no change
General – not Natural England Unsound for the following 2a) 2b) Largely resolved as SA and AA undertaken. Likely to specified CAAP PS0013 reasons: be in parallel with Core Strategy timetable • Not accompanied by updated SEA/SA Consideration will be given to strengthening the • Not accompanied by monitoring aspect of Policy 5 to ensure that AA biodiversity and green infrastructure • Issue of conformity – improvements are delivered as part of going ahead of a core development proposals. strategy • Lack of policy direction on biodiversity
. General – not Sport England Supportive. When Support noted – no change specified CAAP PS0014 progressing the CAAP, allow flexibility so recommendations for the Leisure and Sports Facilities Strategy can be incorporated. General – not English Heritage General comment that the 2a) Lack of identification of the battlefield site does not specified CAAP PS0011 relevant sites specific policies imply that its historic importance will not be given full and the proposals consideration in assessing proposals for development
Page108 map/diagrams should show the registered battlefield Noted – no change
General – not Milton Malsor Parish Council The objectives of the Action 2b) As an Action Plan the policies contained within are specified CAAP PS0004 Plan are what is needed to intended to be strategic to enable more detailed rejuvenate the town but strategies, Master-plans, Supplementary Planning objectives are a "wish list"; Documents, etc to be developed to deliver the policy policies are general intention. It is not the place of the Action Plan to statements. The Action Plan provide the lower level of detail. is probably sound in planning terms but lacks specific Noted – no change policies that will bring about the plan. The AP will, no doubt, be adopted as sound, BUT what has that achieved. It will bring us little nearer to an attractive town without much more imagination
TABLE 2 LIST OF REPRESENTATIONS MADE ON PRE-SUBMISSION CENTRAL AREA ACTION PLAN CONSULTATION
Right hand column denotes where the representation is included in the Summary Table 1
CAAP Organisation/Individual Agent Included in Table 1 Representation Summary Reference Y=yes N=no CAAP PS0001 The Coal Authority N Page109 CAAP PS0002 Barclays Bank plc Shire Consulting Y CAAP PS0003 Individual N CAAP PS0004 Milton Malsor Parish Council Y CAAP PS0005 Northamptonshire Police Strategic Growth Manager Y CAAP PS0006 Individual N CAAP PS0007 Anglian Water Y CAAP PS0008 The Theatres Trust N CAAP PS0009 Northampton Society of Model Engineers Ltd N CAAP PS0010 Highways Agency Y CAAP PS0011 English Heritage Regional Planner Y CAAP PS0012 CEMEX Drivers Jonas Deloitte Y CAAP PS0013 Natural England Y CAAP PS0014 Sport England Y CAAP PS0015 Homes and Communities Agency Y CAAP PS0016 Royal Mail Estates Ltd G L Hearn N CAAP PS0017 West Northamptonshire Development Corporation N CAAP PS0018 Northamptonshire County Council N CAAP PS0019 Northamptonshire Newspapers Ltd Rapleys LLP Y CAAP PS0020 Asda Stores Ltd Osborne Clarke Y CAAP PS0021 Legal and General Drivers Jonas Deloitte Y CAAP PS0022 National Grid Property Holdings Limited Firstplan Ltd Y CAAP PS0023 Tesco Stores Ltd Martin Robeson Y CAAP PS0024 Carlsberg UK Ltd Gerald Eve Y CAAP PS0025 Environment Agency Y CAAP PS0026 Head West Northamptonshire Joint Planning Unit N CAAP PS0027 Anon Charitable Trust Y CAAP PS0028 Individual Y CAAP PS0029 Individual Y CAAP PS0030 Friends of the Earth Northamptonshire Y
Page110 CAAP PS0031 Avon Cosmetics Y CAAP PS0032 Individual N CAAP PS0033 Ropemaker Properties Limited Turley Associates Y CAAP PS0034 Northampton General Hospital Deputy Director of Facilities Y CAAP PS0035 British Waterways Area Planner Y CAAP PS0036 Chair TCCAAC N CAAP PS0037 CBF Funds Trustee Ltd Signet Planning Y CAAP PS0038 Individual N CAAP PS0039 Individual N
Page111 Agenda Item 12
Item No. Appendices 12 1
CABINET REPORT Report Title St Johns Regeneration
AGENDA STATUS: PUBLIC
Cabinet Meeting Date: 14 th October 2011
Key Decision: Yes
Listed on Forward Plan: Yes
Within Policy: Yes
Policy Document: No
Directorate: Planning & Regeneration
Accountable Cabinet Member: Cllr Tim Hadland
Ward(s) Castle Ward
1. Purpose
1.1 To update Cabinet of the progress to date, and seek decisions to further progress the delivery of one of the Council’s priority regeneration schemes at St Johns.
1.2 To highlight key issues and implications of recommendations within the report.
2. Recommendations
2.1 That Cabinet agree to progress with the Albion Place scheme by way of the grant a long leasehold interest of part of the site to be used for a hotel ; 2.2 That Cabinet agree to progress with the University the grant of a long leasehold interest of St Johns Surface car park; 2.3 That Cabinet agree to close St Johns Surface car park and to close Albion Place Car park to enable the development as referred to in 2.1 and 2.2 above; 2.4 That Cabinet approve, in principle, the disposal of both St Johns surface car park and Albion Place car park on terms to be agreed (see 2.5). Page112 1 2.5 That Cabinet agree to delegate authority to the Chief Executive and Director of Planning & Regeneration, in conjunction with the Portfolio Holder for Regeneration and Enterprise, to agree and sign final Heads of Terms and the subsequent Land Sale Agreement for Albion Place proposals. 2.6 That Cabinet agree to delegate authority to the Chief Executive and Director of Planning & Regeneration, in conjunction with the Portfolio Holder for Regeneration & Enterprise to agree and sign final Heads of Terms and the subsequent Land Sale Agreement with the University’s or its Development Partner for St Johns Surface car park proposals.
3. Issues and Choices
3.1 Report Background
3.1.1 The Council with its strategic partners, Northamptonshire County Council, and West Northamptonshire Development Corporation have aspirations for the St Johns area of Northampton to become the focus for a new cultural quarter. The site is included within a Masterplan which was jointly commissioned by NBC, NCC and WNDC in 2008, which has full Cabinet support and was launched publicly by the three partners in August 2008. The pre-submission draft CAAP endorses these principles.
3.1.2 The Albion Place development site is situated immediately south of the town centre on land currently used as a temporary surface car park [Albion Place surface car park]. Part of the site is sometimes referred to as the ‘Blueberry Diner’, whilst part of the site still retains vacant Council buildings, these will be demolished as part of the development proposal.
3.1.3 The likely first phase of the Albion Place development is expected to be a c.100 bedroom hotel (3*). The next phase, which is dependant on market conditions, is expected to deliver office accommodation, above family orientated cafes and restaurants surrounding a public square. A plan is attached at appendix 1.
3.1.4 To develop and deliver the first phase, of the Albion Place development the Council had originally sought a development partner using the competitive dialogue process in accordance with OJEU. As a result of the procurement, a preferred developer Deeley Properties Ltd worked closely with the Council to bring a scheme forward. However, the company recently withdrew from the project.
3.1.5 A further development site is situated to the west of the St Johns MSCP and currently used as a surface car park. The development proposal for this site currently under consideration would comprise up to 510 residential spaces for the University of Northampton students, as a front runner for the University’s advanced strategic vision to decant to the Waterside.
3.1.6 The economy in the town centre needs support and the Council has made strong commitment to its regeneration. The introduction of business back into the town centre is a key driver to increase the local economy, attract visitors and enhance Northampton’s regional importance and is one of the Council’s Corporate plan priorities.
Page113 2 3.1.7 The commercial market is complex and whilst several proposals have been explored, some of these are now showing signs of being delivered, whilst others, notably, offices are proving more difficult in the current market. A flexible approach is being adopted to explore a range of possible uses to help bring forward the next phase of development on the Albion Place site.
3.1.8 The recent awarding of an Enterprise Zone in Northampton’s Waterside is positive news for the town and good news for the St Johns project, as the site is included within the boundary of the zone. It is hoped that a development partner for the office element on the Albion Place site will be encouraged by the Enterprise Zone.
3.1 09 EMDA Funding Agreement – The Council in March 2006, signed a Funding Agreement with EMDA to enable the purchase of a parcel of land adjacent to the Royal & Derngate Theatre, referred to as the Blueberry Diner site. The value of the Agreement is £1.965m and placed obligations on the Council to deliver a number of outputs. Not all the outputs have been fully delivered. The Council has maintained regular contact with EMDA whose officers have been extremely supportive to the progress made by the Council.
3.1.10 The Council has been working closely with EMDA and has negotiated a new Funding Agreement with revised outputs, which are realistic and achievable. However, the outputs are still reliant on the market conditions improving. The funding agreement was exchanged on 15 th September 2011 and it is understood that EMDA assets have since been transferred to HCA.
3.2 Issues
3.2.1 Albion Place development – Before Deeley Properties Ltd withdrew from the project they successfully secured a hotel operator, which wished to develop a 107-bedroom hotel to the south of the site, adjacent to the St Johns MSCP. The hotel is expected to be a 3 star establishment including a c.80 cover restaurant, overlooking a public space.
3.2.2 The hotel operator’s Board met earlier this year and conditionally agreed to develop the site and construct and operate a hotel on part of the Albion Place car park and they remain committed to the project.
3.2.3 The Council has instructed its commercial advisor, BNP Paribas Real Estate to prepare and negotiate Heads of Terms with the hotel operator.
3.2.4 The hotel operator would be granted a long leasehold interest in the site for, say, 130 years at a peppercorn rent for a guaranteed minimum price, on the basis of achieving best value as supported by a S123 assessment.
3.2.5 The hotel operator’s current indicative programme targets a planning application to be submitted to the Council in late 2011. Construction is anticipated at this stage, to commence in 2012, with a 12-month build programme.
3.2.6 St Johns Surface car park (student accommodation) – The Council has actively sought development on the St Johns surface car park to regenerate the
Page114 3 wider St. John’s area. Discussions have taken place with potential developers and the current proposal is for student accommodation for the University of Northampton.
3.2.7 Following concerted efforts by NBC to secure University development in the town centre, in September 2010, the University of Northampton approached the Council as part of a procurement process to identify suitable sites for residential student accommodation. The University has an overall requirement for around 600 bed spaces for students within the next 5 years. Feedback from the students indicated the desire to locate a large proportion of the bed spaces close to the centre of Northampton and the St Johns Surface car park site is considered by the University for up to 510 bed spaces as an ideal location and deliverable, for occupation by September 2013.
3.2.8 The influx of approximately 500 students will have an impact on the economy of the Town Centre. In a report commissioned by the Council, GHK Consulting Ltd, identified a possible total income injection into the Northampton economy of up to £2.9m per year.
3.2.9 The Council agreed terms for an option with the University in January 2011 to grant a long leasehold interest in the site for 150 years at a peppercorn rent and a guaranteed minimum price.
3.2.10 Following a procurement process, the University now proposes to develop the site itself.
3.2.11 The Council is finalising Heads of Terms with the University of Northampton.
3.2.12 The current indicative programme targets a planning application to be submitted to the Council at the end of 2011. Construction is anticipated at this stage to commence Summer 2012 to enable the facility to be ready for use in September 2013.
3.2.13 St Johns Car Parking - The Council owns 5,315 car parking spaces distributed throughout the town centre. Over the past seven years there has been a sustained decline in the sale of car park tickets, resulting in an overcapacity of car parking spaces irrespective of the time of year.
3.2.14 The 2009 car park usage data identifies a normal weekday peak demand for the whole of the town centre of 2,660 spaces, which increases to 2,800 spaces at the weekend. During December the peak weekday demand rises to 2,880 spaces and 3,521 at a weekend. There are significantly more spaces than the peak demand. It is clear that there are overall sufficient parking spaces within the town centre to accommodate all parking scenarios. However, there will be occasions when the most popular car parks become full and visitors will need to find an alternative facility.
3.2.15 In a separate car park study, undertaken by NBC Officers, consideration was given to the effect the loss of both the Albion Place and St Johns Surface Car Parks would have on the Royal & Derngate patrons.
Page115 4 3.2.16 Albion Place and the St Johns Surface car parks provide a combined 255 spaces. If these spaces were lost to development, car park users would have to seek other available parking in the area. St Johns MSCP is the closest and most convenient replacement. St Johns multi storey car park (MSCP) has 585 spaces and in 2010 had an average vacant capacity of 445 spaces on theatre performance nights. Assuming the 2 surface car parks are taken out of use and capacity transferred into the MSCP, there would still be a residual of 190 vacant spaces on an average evening performance.
3.2.17 For peak evening theatre performances in December 2010 and January 2011 capacity was at 73% with one weekend in mid January where a 90% capacity was achieved.
3.2.18 By extrapolation, based on the unlikely event that both theatres are at 100% capacity at the same time, there would be, with the total development proposal, an estimated need for an additional 240 spaces beyond the MSCP capacity. This is however an unlikely scenario and was not achieved in 2010.
3.2.19 The Albion Place car park will be developed in phases, with the office development probably not deliverable for a few years, this allows for part of the Albion Street car park to be kept open providing further capacity in the mean time. This will reduce demand for 55 office parking spaces and by also retaining 83 spaces, this would give a net surfeit of 138 spaces in the short term.
3.2.20 The provision of 47 existing contract parking spaces could also be reviewed along with staff car parking arrangements in the future.
3.2.21 For rare peak demands, use of alternative car parks at the Ridings and St Peters could conveniently be used, although most town centre car parks are a similar distance. Discussions with the Managing Director of Royal and Derngate Theatre assures that this is acceptable to the Theatre.
3.2.22The redevelopment of the surface car parks will require the extinguishment of their current use. It is anticipated the current users will migrate to the adjacent St Johns multi storey car park, thereby transferring income receipts from current users and increasing income from new users. This will ensure the remaining multi storey car park utilise the spare capacity more effectively. The redevelopment of the two parts of the site will reduce the car parking capacity in the St Johns area. However, overall there will still be alternative available car parking spaces in other town centre car parks.
3.2.23The enforcement of the car parks is currently undertaken by NCC, under contract. Notice will need to be given to them to withdraw these car parks from their contract. NCC have already been requested at Senior level to relax the appropriate notice periods to fit with the proposed development timetables.
3.2.24 A further development in St. John’s in association with the Royal and Derngate Theatre is proposed and will generate further car parking demand, but this is unlikely to occur simultaneously with productions held at both Royal and Derngate Theatres and therefore should not increase the peak car parking demand levels.
Page116 5 3.3 Choices (Options)
3.3.1 Do Nothing - To do nothing, the sites would remain as surface car parks contributing to an over supply of parking spaces which is unlikely to increase revenue income in the short to medium term. The Council would retain a revenue income but would lose the opportunity to bring a regeneration project to the town centre, as its number one priority. This would leave the Council at risk of having to repay EMDA under its Funding Agreement. This would result in the loss of capital spend in the town centre, and put at risk the strategic visions of the University. The sites could remain as surface car parks in an over provided car parking area of town for sometime and would do nothing to help regenerate the town centre or create new jobs.
3.3.2 Enter into a Land Sale Agreement with a hotel operator to regenerate Albion Place car park with Phase 1 of a comprehensive development scheme, adding footfall, economic viability and job creation to Northampton and potentially increase the Council’s car parking income.
3.3.3 Enter into a Land Sale Agreement with The University of Northampton to regenerate the St Johns Surface car park with a residential complex to house approximately 500 students, improving town centre footfall and economic viability of the town.
4. Implications (including financial implications)
4.1 Policy
4.1.1 Whilst this is not a direct policy decision, the issue relates to the Council’s Asset Strategy and its adopted Northampton Economic Regeneration Strategy and Central Area Action Plan.
4.1.2 In principle, the land uses being proposed are aligned to the Central Area Action Plan.
4.2 Resources and Risk
4.2.1 The cost of developing this regeneration scheme is already included within the established budget for FY 11/12/13 and will be proposed for FY 12/13. BNP Paribas Real Estate will provide additional specialist advice for the commercial property issues. Costs for the commercial advice will be funded from the St Johns & Grosvenor Greyfriars general reserve previously agreed by Cabinet for the purpose of delivering regeneration projects and will provide a s123 report to ensure that the Council achieves market value.
4.2.2 The Council receives income from the St Johns and Albion Place car parks. Once the sites are developed this income stream will be lost. However, it is anticipated the current car park users will migrate to other Council owned car parks, resulting in little or no reduction in overall revenue income. The new development should provide greater demand for Council car parking and the overall impact will be influenced by other factors.
Page117 6 4.2.3 The granting of long leases for both sites will produce guaranteed minimum capital receipts.
4.3 Legal
4.3.1 Cabinet approval will be sought to extinguish the use of the car parking sites of Albion Place and St Johns Surface car parks, as necessary.
4.3.2 A Section 123 supporting statement in respect of both potential developments required by the Local Government Act 1972 will be prepared BNP Paribas in accordance with its requirement through its appointment by the Council.
4.4 Equality
4.4.1 An Equality Impact Assessment for the project has been completed and has identified the following main issues to be addressed:
• Blue Badge holders may be disadvantaged due to the loss of temporary disabled parking spaces in the Albion Place car park. This will be mitigated by exploring alternative options, including on street parking in Guildhall Road.
• The site displays changes in level across its length. Consideration must be made in the design of the public space to enable appropriate access to all the new facilities.
4.5 Consultees (Internal)
• Asset Management • Legal • Finance • Town Centre Operations including car parking management • Planning - Development Control and Planning Policy • Portfolio Holder for Regeneration & Enterprise • Portfolio Holder for Finance • Director of Planning & Regeneration and for Environment & Culture
(External)
• Stakeholders including: WNDC, NCC and EMDA • Royal & Derngate Theatre • Northampton Town Centre BID • University of Northampton
4.6 How the Proposals deliver Priority Outcomes
The proposals are consistent with the Corporate Priorities, as outlined in the Council’s Corporate Plan:
Page118 7 • Help create a space where people feel safe • Help create new and regenerate open spaces for community use • Promote and support the development of a vibrant town centre • Regenerate key sites • Develop awareness of the Town as a great place to live, visit and work • Demonstrate strong community leadership
4.7 Other Implications
None
5. Background Papers
5.1 February 2009, February 2010 and November 2010 Management Board papers in relation to St Johns. 5.2 Bridge Street, St Johns and Angel Street Masterplan (Borough, County, WNDC) – 2008 which also went to Cabinet on 4 th August 2008. 5.3 Central Area Action Plan
Chris Cavanagh, Head of Regeneration & Development, tel:8461 Simon Dougall, Corporate Asset Manager, tel: 8177 Mick Lorkins, Regeneration & Development Manager, tel 8033 Mike Kitchen, Principal Regeneration Officer, tel:7681
Page119 8 Appendix 1
Page120 Agenda Item 13
Item No. Appendices 13 3
CABINET REPORT Report Title Affordable Housing Nominations Agreement
AGENDA STATUS: PUBLIC
Cabinet Meeting Date: 12 th October 2011
Key Decision: Yes
Listed on Forward Plan: Yes
Within Policy: Yes
Policy Document: Yes
Directorate: Housing
Accountable Cabinet Member: Councillor Christopher Malpas
Ward(s) All
1. Purpose
1.1 The purpose of this report is to seek Cabinet approval for a jointly agreed mechanism, for the allocation of affordable housing in the Sustainable Urban Extensions (SUEs) of the Northampton Related Development Area (NRDA). (See Appendix C)
2. Recommendations
2.1 That Cabinet supports the adoption of a form of Choice Based Lettings scheme for the Sustainable Urban Extensions in the Northampton Related Development Areas. In the case that South Northamptonshire Council elect not to use Choice Based Lettings then Cabinet agrees to establish a specific Nominations Agreement between the Borough Council and South Northamptonshire Council.
3. Issues and Choices
3.1 Report Background
Page121
3.1.1 In the Spatial Strategy of the West Northamptonshire Joint Core Strategy 11 Sustainable Urban Extensions are identified. These sites are a planned expansion of the 4 towns (Northampton, Daventry, Towcester & Brackley) that will contribute to creating a more sustainable pattern of development, with well-planned infrastructure including access to a range of facilities including housing.
3.1.2 In January 2011 a report was presented to the Joint Planning Unit (JPU) Business Sub Group, seeking direction and guidance on the approach to the provision of affordable housing on sites within the NRDA 1, including the nomination rights for affordable housing. Affordable Housing is defined in Planning Policy Statement 3 (PPS3) as social rented, intermediate tenure such as Shared Ownership and the new Affordable Rent tenure (80% of market rent).
3.1.2 The report set out the need for the authorities to agree a mechanism for the allocation of affordable housing in the NRDA to ensure that it meets local needs
3.1.3 All three Authorities; this council, South Northamptonshire Council (SNC) and Daventry District Council (DDC) are requesting approval of these proposals at their respective cabinets.
3.2 Issues
Meeting Housing Need
3.2.1 There are currently approximately 9,000 applicants on the housing register in Northampton, of which 5385 are in priority need. The Borough Council cannot meet this need without planned growth. Working with other local authority partners, the proposed approach of option 1 and 1a will provide more affordable homes, which otherwise would not have been available to people in Northampton.
3.2.2 It is also worth noting that affordable homes delivery in Northampton has reduced from 432 new homes in 2009/10 to a target of only 100 this year.
3.2.3 Access to additional affordable homes will improve the range of housing options for the people of Northampton.
3.3 Choices (Options)
1 The Northampton Related Development Area (NRDA) is defined in the West Northamptonshire Joint Core Strategy as: • The whole of Northampton Borough Council’s administrative area; • Those neighbouring parts of Daventry and South Northamptonshire Councils’ administrative areas where ‘development related to the growth of Northampton’ has already been completed or has planning permission or an approval in principle; and • Those neighbouring parts of Daventry District and South Northamptonshire Councils’ administrative areas that are allocated for Sustainable Urban Extensions.
Jmd/committees/cabinet report template/04/10/11 Page1222 3.3.1 At the meeting of the Housing and Planning Group on the 20 th January 2011, it was agreed that a discussion paper would be written outlining the main options for allocating properties within the Sustainable Urban Extensions (SUE) of the Northampton Related Development Area. SUE’s are large sites earmarked for residential development, and several of these fall within the boundaries of Daventry DC and South Northamptonshire Council. The paper was subsequently discussed by the Group, which set out four main options for consideration. These options can be seen in more detail at appendix (A).
Option 1 - All three authorities adopt a form of Choice based Lettings for the Sustainable Urban Extensions in the NRDA.
3.3.2 The local authorities felt that this option was the best way forward. However this would take a little while to implement as South Northamptonshire Council do not currently operate a choice based lettings system. Many of the sites in question would not come into existence during the short term so this should allow South Northamptonshire Council time to develop their CBL scheme.
3.3.3 The only site that may be affected in the shorter term would be Northampton North of Whitehill SUE, which is within Daventry district. Officers from Northampton Borough and Daventry District will ensure that the CBL approach will apply to this site, as there is already a sub regional scheme in place.
3.3.4 Choice Based Lettings allow applicants to choose where they wish to live in the Borough, which encourages community cohesion. Northampton Borough Council and Daventry District Council currently use this scheme jointly. All affordable homes built in the SUE’s will go through the CBL scheme which will be an advantage to the Borough as we have more applicants in priority bands on our waiting list than the two other authorities.
Option 1A – Specific Nomination Agreement between South Northamptonshire Council and Northampton Borough Council
3.3.4 In the event that South Northamptonshire Council decide not to implement a Choice Based Lettings Scheme, South Northamptonshire Council and Northampton Borough Council would enter into a specific nomination agreement to ensure that the nominations cascade (attached at Appendix B) is applied to any relevant site(s) within the NRDA.
Option 2 –Continue to operate existing nomination arrangements
3.3.5 All three local authorities felt this option would not work in practice. It would be a complicated system for the customers and would need them to register with each local authority to ensure they did not miss out on any housing opportunities.
Option 3 – DDC and NBC extend the sub-regional CBL agreement to include all SUE properties within the district of Daventry
3.3.6 Officers felt this option could work as a short-term solution but a more permanent solution would still be required in the long term. A mechanism would still be required for SNC to operate the system.
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Option 4 – NBC Register all applications expressing an interest in the SUE’s and nominate to these properties
3.3.7 This option was assessed as requiring significant additional resources to administer and is therefore not viable.
4. Implications (including financial implications)
4.1 Policy
4.1.1 The Affordable Housing Nominations Cascade Mechanism helps achieve the following priorities within Northampton Borough Council’s Housing Strategy 2010 2015:
• Managing supply and growth for the future of Northampton; and • Improving customer access, opportunity and choice
Nominations Cascade
4.1.2 The proposed options 1 and 1a involve adopting a new Nominations Cascade Mechanism (Appendix B).
4.1.3 Applications received by each local authority for affordable housing within the NRDA would be received as usual through the sub- regional CBL scheme 2. Applicants would then be assessed according to their housing need. The nominations cascade would then be applied as properties become available.
4.1.4 It is considered that this approach is the fairest way of ensuring that affordable housing provided in the NRDA is effectively targeted at meeting the needs of households with a Northampton connection.
4.2 Resources and Risk
Risk
4.2.1 Unless all three authorities sign up to the Affordable Housing Nominations Agreement there is a risk that Northampton BC applicants will lose out to South Northamptonshire Council and Daventry DC applicants.
4.2.2 In the event that South Northamptonshire Council do not implement the Sub- regional CBL scheme a separate Agreement would need to be entered into between Northampton BC and South Northamptonshire Council.
Resources
4.2.2 IT systems are already in place through the Sub-regional CBL scheme and therefore the proposed approach would only require existing staffing time to monitor and make sure the nominations are received to provide additional choice to households from Northampton.
2 In the event that SNC decide not to implement the sub-regional CBL scheme than a separate agreement would be entered into between Northampton BC and South Northamptonshire Council.
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4.3 Legal
4.3.1 There are no legal issues anticipated.
4.4 Equality
4.4.1 The pre-submission Joint Core Strategy was supported by a Sustainability Appraisal/Strategic Environmental Assessment, which meets National legislation in relation to Equality Impact Assessments.
4.5 Consultees (Internal and External)
4.5.1 The following have been consulted:
• Director of Housing • Director of Planning & Regeneration • Director of Finance • Legal Services • Housing Portfolio Holder • Daventry District Council • South Northamptonshire Council • West Northamptonshire Joint Planning Unit
4.6 How the Proposals deliver Priority Outcomes
4.6.1 The Affordable Housing Nominations Cascade Mechanism would help meet the following corporate plan objective:
• You (CO2 – Helping you to have a home, with an outcome of meeting housing needs)
4.7 Other Implications
4.7.1 None
5. Background Papers
5.1 Cross-District and Borough Strategic Approach to Affordable Housing Nominations in the Northampton Related Development Area, 9 th June 2011, Joint Planning Unit.
Gary Parsons, Housing Strategy & Performance Manager, x7970
Jmd/committees/cabinet report template/04/10/11 Page1255 APPENDIX A Options for Allocating Properties within the Sustainable Urban Extensions of the Northampton Related Development Area
Option 1 All three authorities adopt a form of Choice Based Lettings for the Sustainable Urban Extensions in the NRDA
Advantages Good Customer Service Customer would only fill out one application for any SUE within the NRDA Application could be registered by any of the three West Northants Local Authorities All properties could be placed on the sub-regional section of the CBL scheme and priority to applicant in higher bands. Nomination rights would belong to the local authority where the property is based in accordance with the cascade agreement The CBL fee would be paid to the local authority where the property is based
Disadvantages SNC do not operate a CBL scheme Differing allocations policies Need to achieve Political buy in May require policy and operational changes Nominations cascade would have to be applied Time implications
Option 2 Continue to operate existing nomination arrangements
Advantages No change for the local authority in terms of administration of the scheme Political buy in No change to the way customers are given information or receive information
Disadvantages Customer may have to register up to three times depending on which SUE they would like to live on Customer would have to understand three allocations policies and processes if they registered for all SUEs Customer would need to check information on up to three websites The overall customer experience would be poor Political buy in
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Option 3 DDC & NBC exten d the sub -regional CBL agreement to include all SUE properties within the district of Daventry.
Advantages DDC & NBC Customers would only have to register with one of the local authorities SUE properties would be registered via the sub-regional section of the website so the customer would not have look at multiple sites Bidding would take place via one website not several A sub regional agreement already exists between DDC and NBC which could be used as the basis of any extension to the scheme Similar allocations policies
Disadvantages Mechanism would still need to be developed for SNC e.g. one of the other authorities advertising properties on behalf of SNC If SNC agree to this arrangement, customers would still have to register with two authorities Not customer friendly Political buy in
Option 4 NBC Register all applications expressing an interest in the SUE’s and nominate to these properties
Advantages One authority would have 100% of properties within the SUE’s One authority would receive all income generated from the SUE nominations Nominations cascade would not need to be developed or applied as all nominations would be from the NBC Waiting list Clear process for customers
Disadvantages One authority’s waiting list would increase One authority’s workload would increase in terms of registration and administration of customers May be difficult to achieve political buy in from members from the other two authorities Customers would still need to register with two authorities if they wanted the option to live in other parts of the other two districts The other two authorities would lose potential income
Jmd/committees/cabinet report template/04/10/11 Page1277 Appendix B Proposed Nominations Cascade for the allocation of properties in the Sustainable Urban Extensions of the Northampton Related Development Area
The applicant 1. A Is and has been a resident for the past 12 months within the Northampton Related Development Area i
B Is permanently employed or has an offer of permanent employment within the Northampton Related Development Area i
C Is temporarily employed or has an offer for temporary employment, in a contract not less than 12 months, within the Northampton Related Development Area i
D Has been a resident for at least 3 out of the immediately preceding 5 years within the Northampton Related Development Areai
E Has been a resident for at least 5 out of the immediately preceding 10 years within the Northampton Related development Area i
F Is a person with a close relative ii , who is and has been a resident for the past 12 months, in the Northampton Related Development Area i
2. A Is and has been a resident for the past 12 months in any of the parishes immediately adjoining the Northampton Related Development Area i, in the districts of Daventry and South Northamptonshire iii
B Is permanently employed in or has an offer of permanent employment within the parishes immediately adjoining the Northampton Related Development Area i in the districts of Daventry and South Northamptonshire iii
C Is temporarily employed or has an offer for temporary employment, in a contract not less than 12 months, within the parishes immediately adjoining the Northampton Related Development Area i, in the districts of Daventry and South Northamptonshire iii
D Has been a resident in the parishes immediately adjoining the Northampton Related Development Area in the districts of Daventry and South Northamptonshire for 3 out of the immediately preceding 5 years
E Has been a resident within the parishes immediately adjoining the Northampton Related Development Area i, in the districts of Daventry and South Northamptonshire iii , for 5 out of the immediately preceding 10 years.
F Is a person with a close relative ii who is and has been a resident for the past 12 months in the parishes immediately adjoining the
Jmd/committees/cabinet report template/04/10/11 Page1288 Northampton Related Development Area i within the districts of Daventry and South Northamptonshire iii
3. A Is and has been a resident for the past 12 months within the districts of Daventry and South Northamptonshire
B Is permanently employed in or has an offer of permanent employment within the districts of Daventry and South Northamptonshire
C Is temporarily employed or has an offer for temporary employment, in a contract not less than 12 months, within the Districts of Daventry or South Northamptonshire
D Has been a resident within the districts of Daventry or South Northamptonshire for 3 out of the immediately preceding 5 years
E Has been a resident within the districts of Daventry or South Northamptonshire for 5 out of the immediately preceding 10 years
F Is a person with a close relative ii , who is and has been a resident for the past 12 months, within the districts of Daventry and South Northamptonshire
4. A Is and has been a resident for the immediately preceding 12 months within Northamptonshire
B Is permanently employed in or has an offer of permanent employment within Northamptonshire
C Is temporarily employed or has an offer for temporary employment, in a contract not less than 12 months, within Northamptonshire
D Has been a resident within Northamptonshire for 3 out of the immediately preceding 5 years
E Has been a resident within Northamptonshire for 5 out of the immediately preceding 10 years
F Is a person with a close relative ii , who is and has been a resident for the past 12 months, within Northamptonshire
5. A Is any person who the council considers to be in need of affordable housing
B Is any person who the Registered Provider considers to be in need of affordable housing
i The Northampton Related Development Area (NRDA) is defined in the West Northamptonshire Joint Core Strategy as:
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• The whole of Northampton Borough Council’s administrative area; • Those neighbouring parts of Daventry and South Northamptonshire Councils’ administrative areas where ‘development related to the growth of Northampton’ has already been completed or has planning permission or an approval in principle; and • Those neighbouring parts of Daventry District and South Northamptonshire Councils’ administrative areas that are allocated for Sustainable Urban Extensions.
The boundary of the NRDA is shown on the attached plan.(attach fig 4 from JCS) ii A close Relative is defined as mother, father, son, daughter, brother, sister, grandparent, grandchild, husband, wife, civil partner, stepparents, stepsiblings, step-grandparents, step-grandchildren. (Please note that these relationships are not in any order of preference). iii For the purpose of Paragraph 2, clauses A-F, the parishes immediately adjoining the Northampton Related Development Area within the district of
1. Daventry are those of
a. Boughton b. Church with Chapel Brampton c. Harlestone d. Moulton e. Overstone
2. South Northamptonshire are those of
a. Brafield on the Green b. Cogenhoe and Whiston c. Courteenhall d. Grange Park e. Hackleton f. Harpole g. Kislingbury h. Little Houghton i. Milton Malsor j. Quinton k. Rothersthorpe
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Appendix C Map of Northampton Related Development Area
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