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Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 REPORT FOR RESOLUTION

Committee PLANNING AND HIGHWAYS

Date 13 th September 2012

Subject 100118/VO/2012/C1 - CITY COUNCIL DEVELOPMENT The dismantling of the Grade II* Listed Cenotaph War Memorial and reinstatement of the Cenotaph, new memorial seating and public realm works on land adjacent to the Town Hall, including the relocation of the memorial plaques.

100119/LO/2012/C1 LISTED BUILDING CONSENT The dismantling of the Grade II* Listed Cenotaph War Memorial and reinstatement of the Cenotaph, new memorial seating and public realm works on land adjacent to the Town Hall, including the relocation of the memorial plaques.

Location The Cenotaph, Land at St Peter’s Square, , M2 5DB.

Applicant Manchester City Council

Agent Mr Nathan Matta, Nathaniel Litchfield and Partners, Third Floor, One St James, Manchester, M2 6DN

Report of HEAD OF PLANNING

Purpose of report

To describe the above applications for planning permission and listed building consent and the issues involved and to put forward recommendations.

Recommendation

The Head of Planning recommends that the Committee be:

MINDED TO APPROVE planning application ref no 100118/VO/2012/C1 ; and MINDED TO APPROVE listed building consent application ref no 100119/LO/2012/C1 ; subject to the referral of the Listed Building Consent application referenced: 100119/LO/2012/C1 to the Secretary of State for the reasons set out in this report and subject to the conditions set out in section 6.4 of this report ; and

Financial Consequences for the Revenue Budget

None

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 Financial Consequences for the Capital Budget

None

Contact Officer(s)

Emily Greaves 0161 234 4193 [email protected] Dave Roscoe 0161 234 4567 [email protected]

Background Documents

Planning and listed building consent application documents National Planning Policy Framework sections 4,7,11 and 12 North West of England Plan Regional Spatial Strategy (RSS) to 2021. Adopted Core Strategy Development Plan Guide to Development in Manchester Supplementary Planning Document and Planning Guidance (April 2007) Unitary Development Plan (UDP) for Manchester

Responses of:

English Heritage The War Memorials Trust Greater Manchester Archaeological Advisory Service Neighbourhood Services (Head of Highway Services) Manchester Historic Buildings and Conservation Areas Panel Battery Sergeant Major, 209 Battery, The Manchester Artillery Retired Captain, Vice President of SSAFA-Forces Help Manchester Manchester Cathedral The City Arboriculturist Greater Manchester Police Transport for Greater Manchester

Submitted Documents

In addition to the planning application forms, certificates, notices and drawings, the following documents have been submitted in support of the planning application:

Visuals Planning Statement Design and Access Statement, incorporating Method Statement and Risk Assessment Heritage Statement Ecological Assessment Arboricultural Assessment Archaeological Desk Based Assessment Flood Risk Statement Ground Conditions Statement Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 Heritage Statement Transportation and storage strategy, including anticipated dates for dismantling and relocation.

Publicity and Third Party Consultations: The proposals have been advertised in the Manchester Evening News and site notices have been erected around the site as the applications affect a listed structure, the character and appearance of a Conservation Area and the development is of public interest.

344 residents, businesses and other third parties in the area were notified on application reference 100118/VO/2012/C1. It is customary for this list to be included in the report to Committee, however given the number of pages that a list would extend to in this instance the full list has been placed on the application files and not included in this report. A plan has been attached which shows the extent of notification.

The following parties were consulted:

English Heritage Twentieth Century Society The Victorian Society The Georgian Group The Society for the Protection of Ancient Buildings The Council for British Archaeology Ancient Monuments Society The Lutyen’s Trust 105no. Veterans Groups The of Manchester Cathedral The The of St Ann’s Church, Manchester The War Memorials Trust Greater Manchester Archaeological Advisory Service Manchester Historic Buildings and Conservation Areas Panel Head of Regulatory and Enforcement Services Environmental Health) Head of Regulatory and Enforcement Services (Contaminated Land) The Head of Neighbourhood Services (Highway Services) The Head of Galleries City Centre Regeneration The City Arboriculturist Head of Corporate Property Greater Manchester Police (Design for Security) Transport for Greater Manchester The Environment Agency

Wards affected

City Centre Ward

Implications for:

Anti-poverty Equal Opportunities Environment Employment Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 No Yes Yes No

1.0 INTRODUCTION 1.1 The City Council and its partners have developed a bold, ambitious and exciting regeneration initiative for the Civic Quarter based around an outstanding collection of public buildings and spaces in one of the city centre’s most accessible locations. The project is driven by a public sector investment programme that aims to establish the area as a prime destination for new investment and development at the very heart of the city centre. The vision is to deliver a new vibrant commercial quarter around St. Peter’s Square and it is envisaged that significant new office based activities will be brought forward here during the next 5 to 10 years. This would establish the area as a major commercial destination alongside the revitalised civic buildings. The first phase at No1 St Peters Square is now underway. 1.2 A part of this initiative is the creation of a redefined public realm to create a public space of international quality, scale and significance. This would provide the focus for ongoing investment by the private sector providing the next generation of high quality mixed-use buildings in the City Centre. The transformation of the public realm would improve pedestrian permeability and increase connectivity between the city core, Manchester Central and the Southern Gateway. The integration of a new Metrolink interchange as part of the expansion of the network and the provision of a new Second City Crossing is a key component of this work. A report to the Executive on 19th September 2012 presented an updated Framework comprising specific proposals that are critical to the comprehensive delivery of this wider vision. It identified a range of individual proposals as part of a coherent strategy and explained how crucial they are to the future of the Square and its capacity to support growth and new development. on the widest scale.

These individual proposals are identified as being the essential ingredients necessary to achieve the success of the whole vision and would improve the functioning, amenity provision, and employment potential of this area. The specific proposals identified were

- New public realm improvements - The relocation of the Cenotaph & Memorial Cross - Redefining the Peace Gardens - The creation of the Library Walk Link building - Peterloo memorial (siting to be agreed) - Expansion of the Metrolink stop & infrastructure - New Development Opportunities:

Number 1 St Peters Square (on site) Number 2 St Peters Square [formerly 81, 83, 85, 87-89 Mosley St & Century House] Peterloo House (planning approved) Former Odeon Cinema

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 The Executive endorsed the strategy and requested that it is taken into account by the Planning and Highways Committee when determining future detailed planning applications relating to this area.

1.3 At the Neighbourhood Scrutiny meeting on 16 th October 2012, it was resolved to endorse the decision of the Executive regarding St Peter’s Square.

1.4 The applications within this report are a critical part of this regeneration process. 1.5 Since the application for listed building consent is required to be referred to the Secretary of State for determination, this report seeks the Committee’s views on how it would wish the application to be determined as guidance to officers on the conduct of the called-in application.

2.0 DESCRIPTION OF SITE

2.1 The two applications presented in this report relate to the Grade II* Listed Cenotaph War Memorial within St Peter’s Square in the City Centre.

2.2 The site is located within the St Peter’s Square Conservation Area and close to the Albert Square Conservation Area. A number of listed buildings surround the site, including the Grade I Listed and the Grade II* Listed Central Library, Town Hall Extension and Midland Hotel. The site is situated in an area of the City Centre known as the Civic Quarter and surrounding uses include offices, financial and professional services and hotels, along with bars, restaurants and cafes.

The construction of a War Memorial in the City was initiated by the Manchester Branch of the British Legion and was intended to provide a memorial to those that had died in previous wars, in particular the huge number that had died during World War I. A number of locations were considered, including Albert Square and , however the cost of location in Albert Square was prohibitive and locating in Piccadilly Gardens involved lengthy and difficult discussions so these sites were discounted. The only remaining viable option was the current location in St Peter’s Square.

The Cenotaph is currently located on the site of the former St Peter’s Church which was deconsecrated in 1906 and transferred to the Council’s ownership by the Manchester Churches Act 1906. Human remains are known to be interred on the site. However as a result of its special status, there are no statutory restrictions on its development as proposed unless it is intended to disinter the human remains.

As the war memorial had been referred to as ‘the Cenotaph’ throughout the process, Sir Edwin Lutyens was commissioned to design the structure as the person considered to be the recognised authority in Cenotaph design. Installation commenced in November 1923 and it was unveiled on 12 th July 1924. The context for the Cenotaph was very different then as the Town Hall Extension and Central Library had not been built and the Square had a much Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 more intimate scale than at present and as such the Cenotaph had a much greater presence. It was surrounded by the memorial garden in 1949 and was listed in 1974.

2.4 The context for the Cenotaph has changed considerably over the past 30 years and it is currently located on what is effectively an island site between the St Peter’s Square Metrolink platforms and Metrolink tracks, Mosley Street that carries general traffic in a southbound direction and Oxford Street a busy two way road that has four lanes of traffic. It is constructed of Portland Stone, with a brick core and concrete foundations. The footprint is rectangular and the top of the three stages is decorated with the Manchester Coats of Arms, swords, crowns and lettering. The Cenotaph is located on an original Portland Stone plinth, with original steps, war stone and two symmetrical obelisks, all of which is all located on a concrete base.

2.5 The St Peter’s Cross, the Memorial Gardens and a number of memorial plaques are also on the site. The adjacent Metrolink Platform was installed in 1992 and the platforms were recently extended.

2.6 The nearby Grade II* Listed Central Library and Town Hall Extension are undergoing a programme of extensive refurbishment. These refurbishment works were approved as part of applications referenced 093975/FO/2010/C1, 093976/LO/2010/C1, 093977/FO/2010/C1 and 093978/LO/2010/C1 on 1 st December 2010. The buildings will be re-occupied by Manchester City Council in 2013.

2.7 This report considers two applications that are part of a single package of works.

3.0 DESCRIPTION OF PROPOSALS

3.1 Planning Permission and Listed Building Consent is sought for the dismantling and relocation of the Cenotaph.

3.2 There is no intention to disturb or remove the human remains on the site as the Cenotaph can be removed without breaking open the ground beneath and no change of use in the land as open space is proposed. It is not therefore intended to disinter the human remains before removing the Cenotaph.

3.3 The Transformation Programme includes a major redesign of St Peter’s Square and this presents the opportunity to examine whether this process presents an opportunity to enhance the setting of St Peter’s Cross and the Cenotaph. When discussing options for the re-design of the Square, veterans groups advised the City Council that the current location of the Cenotaph significantly affects its ability to provide an appropriate setting for the marking of nationally important events such as Remembrance Sunday. It was also felt that the busy nature of the existing location did not allow for quiet contemplation. This is largely as a result of changes that have taken place to the Square over time, but in particular the introduction of the Metrolink system. Whilst the public benefits of the introduction of the Metrolink system Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 have been wide ranging and considerable, there can be no doubt that it has adversely affected the setting of the Cenotaph and the events associated with it. The issues that have been raised in association with the current location of the cenotaph include:

The presence of the Metrolink tram stop which disrupts the procession around the Memorial;

During the ceremony the military band are located on the track-bed between the 2 platforms whilst the conductor stands above on the platform. The band is therefore largely hidden from view and their music is inaudible to those around the south-east side;

- The tram stop hinders views of the ceremony from the north and west sides;

- There are no permanent provisions for PA equipment and sound quality is poor;

- There is no level access to the Cenotaph;

At the end of the ceremony the public are invited to access the Memorial to lay their own wreaths and or plant a wooden cross in the grass. Due to the presence of the tram stop on the north-west side, there is only one point of access (between the obelisk and the low-rise wall) to the south-east side which causes the area to become heavily congested and a potential health and safety concern; and

Currently more and more spectators are attending the ceremony and space around the monument to view the ceremony is restricted.

3.2 The proposal to relocate the Cenotaph from its current setting was prepared after detailed consideration of all alternative sites. The proposed site was chosen as: it is a short distance from the existing site, which reduces the risk of damage to the structure when it is moved; and, it is adjacent to the Grade I Listed Town Hall and would allow for a short procession of dignitaries from either Albert Square or directly from the adjacent south east entrance during the Remembrance Day Parade. The Cenotaph is currently located in the St Peter’s Square Conservation Area and would be relocated to the Albert Square Conservation Area.

3.3 The proposal would provide a new setting for the Cenotaph that has been strongly influenced by the original designs by Sir Edwin Lutyens. This would include an enlarged oval of Yorkstone with a Welsh Blue Pennant stone border, a Portland Stone bench and two small grass lawns. A central Yorkstone pathway would provide a link between the Cenotaph and the entrance to the Town Hall. A memorial wall would be provided and the existing memorials would be relocated from the Memorial Gardens to sit within the grassed areas.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 3.4 The proposed works would include the recording, dismantling, transporting, reassembly, construction of the new setting, new services and infrastructure, lighting, conservation and repairs and the provision of level access.

3.5 Significant research has been carried out into the safest methods of dismantling, removal, transportation, storage, reassembly and reinstatement. It is also intended to carry out sympathetic repairs to the Cenotaph, including the reinstatement of worn down lettering.

3.6 Consultations were carried out at pre application stage with English Heritage, The War Memorials Trust, The British Legion, Transport for Greater Manchester, the 20 th Century Society, church representatives and other Key Stakeholders on the relocation of the Cenotaph and the temporary removal of St Peter’s Cross. Discussions continued until July 2012 and took place on a regular basis. These discussions informed the proposals.

3.7 In support of the overall redevelopment of the site the applicants have stated the following:

- The Cenotaph’s new location and setting frees the monument from its existing abutment to the Metrolink platforms, facilitating the performance of ceremonies. - The new location would be an integral part of St Peter’s Square meaning that the wider area of St Peter’s Square could also be used for ceremonies. - The proposals would allow for the monument to hold a more prominent position in the streetscape. The strong axial disposition of the Cenotaph in relation to the Grade I listed Town Hall and the placement of the new setting within the immediacies of the Town Hall and Town Hall Extension Buildings would significantly enhance the quality of the setting and of the views in which the Cenotaph would be present. - Level floor finishes are provided throughout the new setting to make the Cenotaph setting more accessible and the immediate surroundings would also be level. - The new setting has been designed to be subservient to the Grade II* Listed Cenotaph. The proposed architectural features are subservient in height and scale, but balanced in massing establishing a direct dialogue with the Grade II* listed structure. - The materials are inspired by the original palette of materials used by Sir Edwin Lutyen’s. The proposed finishes would follow the principle of Yorkstone for paving and Portland Stone for the Memorial Wall and seating. - Services and lighting would be recessed into the floor and flush with floor finishes to avoid tripping. Lighting is proposed to enhance the Cenotaph’s presence in the Square at night. - The design for the Cenotaph’s setting responds to the functional spatial needs of the City Centre as a landscape feature and has been designed to be an integral part of the wider St Peter’s Square design. It provides seating for the square and architectural features that favour the contemplation of the Cenotaph. Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 - Where temporary works are being erected around the monument physical protection or control systems would ensure that these works do not damage the stonework elements. - Protection would be provided throughout the dismantling works to minimise any damage. Additional protection measures would be used to ensure that adjacent stonework is not damaged throughout the dismantling process. - Soft/flat slings would be used for lifting where possible and soft waddling and packing material would be used on all sharp concerns and any stonework that could be stressed. - Each stone would be packed for transportation on adequately sized pallets with separating material between stone faces. Strapping would be used to ensure that all stone is stable and full crates would be used to protect delicate items. - The stonework would be fully protected throughout transportation and storage. - It is intended to repair any damage resulting from the proposals. - Damage due to weathering, frost damage and mechanical damage would also be repaired where it would not damage the character and appearance of the structure and consultation with English Heritage and key stakeholders would be carried out to decide this. This may involve replacement stone, but only where this is jointly deemed to be necessary. - Any dismantled stonework left on site at the end of the work day would remain within the protected site and adequate security arrangements would be in place to minimise the risk of theft. - The proposals would result in the total loss of the group value of the components that form the Memorial Gardens; however the severity of the impact is mitigated by the proposals to enhance the setting of the Cenotaph, the reinstatement of St Peter’s Cross and the reuse of the Memorial Seating. - The impact of the works on surrounding heritage assets would also be mitigated by the above proposals to enhance the setting of the Cenotaph and the reinstatement of St Peter’s Cross and the reuse of the Memorial Seating.

3.8 Significant changes are also proposed to take place within St Peters Square as part of the expansion of the Metrolink System and the provision of a second crossing through the City Centre (2CC). The 2CC is an essential component of the expansion of the Metrolink system and would provide the following:

- increased operational capacity;

- improved reliability; and,

- Improved resilience including reduced disruption resulting from maintenance and renewals or when a route is obstructed.

This would reinforce and enhance the effectiveness of the Metrolink System in supporting the economic growth of the Regional Centre.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 The 2CC scheme is fully funded through the Greater Manchester Transport Fund through prudential borrowing and local transport programmes. A Transport and Works Order is required to provide planning consent to create the new route and is being sought by TfGM. The proposed Order will be considered at a public inquiry which is scheduled to commence in 2013 and the Secretaries of State for Transport and for Communities and Local Government will decide whether the Order should be confirmed.

The preferred route was selected following a detailed evaluation of the available options and a public consultation exercise. It is considered to be the most effective in operational terms, is affordable and has the least impact on heritage assets and the wider cityscape. One of the consequences of the preferred route is that it would require the relocation of the cenotaph.

3.9 Associated applications have also been received for the temporary removal of St Peter’s Cross (applications reference: 100120/VO/2012/C1 and 100121/LO/2012/C1), the removal of the unlisted walls, benches and Memorial Gardens (application reference: 100123/CC/2012/C1) and preparatory works in preparation for the redesign of St Peter’s Square, including the removal of the Peace Gardens and the 4no. Trees within the Memorial Gardens (099491/VO/2012/C1). These applications will be assessed in separate reports.

3.10 The City Council has a land ownership interest in the site and Members are reminded that in determining these applications they are discharging their responsibility as Local Planning Authority and must disregard the City Council’s land ownership interest.

4.0 CONSULTATIONS

4.1 Local residents and Businesses

Four letters of objection have been received in response to the notification letters and publicity on the two applications. These objections are summarised as follows:

- The current location of the Cenotaph was clearly intended to give the monument added significance beyond St Peter’s Square to appear prominent in vistas along Mosley Street, Lower Mosley Street, Oxford Street and Peter Street. Despite the encroachment of the tram lines and platforms this important piece of urban spatial composition survives and has not quite lost its relationship with Central Library. The proposed location has little defined relationship to any of the surrounding buildings or streets and moving the Cenotaph would destroy its current symbolism. - There is also an important vista from Library Walk; however this may be lost due to a threat proposed by a similarly ill advised proposal. - The Cenotaph was designed to dignify a city that was badly affected in the two world wars and this dignity seems to be being ignored in relocating the monument to a less prominent location. Manchester City Council Item 6 Planning and Highways Committee 22 November 2012

- The justification for moving the Cenotaph is the increased tram traffic; however it is planned that the Metrolink will run along Princess Street, which is exactly where it is proposed to relocate. The new tram lines would also involve the installation of junctions, attendant uprights, cables and lights, which would seriously compromise the new setting of the Cenotaph. - It is only in recent years that the setting of the Cenotaph has suffered through ill thought out traffic schemes. The solution should be to correct these mistakes and leave the Cenotaph unharmed in its original location. The chosen option of relocation of a listed structure located in a conservation area is lazy and crass and a well thought out scheme should be developed to incorporate the Cenotaph into a new landscape scheme and develop appropriate proposals for the tram infrastructure. - We should be honoured to have a Grade II* Listed structure designed by one of Britain’s Greatest Architects in our City instead of moving it around with spurious justification like a piece of worthless street furniture. - The greatly needed and proposed restoration should be done in the current intended location, which would save the expensive and unnecessary relocation. - The moving of a memorial to the war dead is highly disrespectful. - The development of St Peter Square and the expansion of the Metrolink is currently subject to a Public Inquiry, as ordered by the Secretary of State. It would therefore be inadvisable to start dismantling an important aspect of the Square before even the Public Inquiry has reached a decision. - These proposals would significantly affect this important Conservation Area. - The proposals will have a major impact on surrounding office buildings, their tenants and the conduct of their business.

Two letters of support have also been received and are summarised as follows:

- The design of St Peters Square and the public realm as well as the creation of the Second City Crossing should be commended. - The proposals for St Peter’s Square together with the development of 1 St Peters Square will have a significant positive impact on this area of the City of Manchester, creating an important place of work but also an area for the people of Manchester and beyond to enjoy in whatever capacity they visit. - The Regeneration Framework for St Peters Square is supported. - The drawing together of the component parts of the various regeneration initiatives around St Peter’s Square, the Town Hall and the Library, into a comprehensive regeneration framework demonstrates the inter-related nature of the proposals. - The implementation of the proposals described in the framework are a critically important part of the regeneration of the heart of Manchester, which will reinforce the City’s reputation for commissioning world-class architecture and public realm design. Manchester City Council Item 6 Planning and Highways Committee 22 November 2012

4.2 English Heritage – Advised that they do not believe that there is yet a clear and convincing justification for the substantial harm that will be caused by demolition and rebuilding to an extended design of the Grade II* Listed war memorial, demolition and relocation of the Grade II Listed St. Peter’s Cross or the demolition and relocation of the memorial gardens. They had expected the justification to argue the public benefits of the Second City Crossing to allow the proposals to be considered in mitigation for the substantial harm caused. In the absence of this justification they recommend that the application be deferred until such a time as the required justification is provided or if deferral is not possible, the applications should be refused.

4.3 Twentieth Century Society – Have confirmed that they do not wish to comment

4.4 Ancient Monuments Society have not made any comments

4.5 Greater Manchester Archaeological Advisory Service – Recommended the following condition:

Prior to the dismantling of Lutyens’ memorial or St Peters Cross, or the commencement of any groundworks within either the area of St. Peter’s Church or the Peace Gardens the applicant or their agents or their successors in title will secure the implementation of a programme of archaeological works to be undertaken in accordance with a Written Scheme of Investigation (WSI) submitted to and approved in writing by the local planning authority. The WSI shall cover the following:

1. A phased programme and methodology of site investigation and recording to include: - a watching brief on the dismantling of Lutyens’ memorial and St Peters Cross and on groundworks either in the vicinity of the former footprint of St. Peter’s Church or the Peace Gardens. - (informed by the above) targeted area excavation and recording 2. A programme for post investigation assessment to include: - analysis of the site investigation records and finds - production of a final report on the significance of the archaeological and historical interest represented. 3. Provision for publication and dissemination of the analysis and report on the site investigation to include: - a bound hardcopy and digital copy of the final assessment report with the Historic Environment Record - (dependent upon the investigation results) a volume in the series “Greater Manchester’s Past Revealed’. 4. Provision for archive deposition of the report, finds and records of the site investigation. 5. Nomination of a competent person or persons/organisation to undertake the works set out within the approved WSI.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 Reason: In accordance with NPPF Section 12, Paragraph 141 - To record and advance understanding of heritage assets to be lost and to make information about the archaeological heritage interest publicly accessible

4.6 The Lutyens Trust – No response received

4.7 The War Memorials Trust – Object to the applications in their current form. Advised that from all the information provided in support of the applications the War Memorials Trust would agree that the Cenotaph would benefit from some conservation and repair. However, they are not persuaded of the need to relocate the memorial or that this need justifies the risk to the fabric of the memorial and the loss of significance that will occur from this.

4.8 Veterans Groups -

The RAF Widows Association – Confirmed no objection.

The Army Central Fund - Confirmed no comment, but recommended that the Head of Heritage, Army Heritage Branch be consulted. This has been done.

Head of Army Heritage, Army Heritage Branch – Confirmed no comment.

Battery Sergeant Major, 209 Battery, The Manchester Artillery – Expressed support for the St Peter’s Square plans including the proposals to relocate the Cenotaph. Remembrance Day is a significant date in the calendar of any military establishment in the remembrance of fallen soldiers since the Great War and the Cenotaph in Manchester is a very fitting tribute to the fallen and is a fine reflection of the City in It’s acknowledgement of the men and women who have lost their lives in defence of this country.

Retired Captain, Vice President of SSAFA-Forces Help Manchester – Recently attended a presentation by Stephen Levrant Heritage Architecture and was delighted to see and hear about the proposals, of which Manchester should be justly proud of.

4.9 The , Manchester Cathedral – Confirmed support for the works as they would provide safe space for members of the public to remember and honour those who gave their lives in service of their country.

4.10 Manchester Historic Buildings and Conservation Areas Panel - Commented as follows:

The Panel support the restoration and re-graving of the Cenotaph, but are concerned about its proposed location being a smaller area for occasions such as Remembrance Sunday.

The Panel wondered about the dignity of the relocation site as it was their understanding that it would be surrounded by trams and their infrastructure. In Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 addition concern was raised over the number of new stanchions on the corner of Princess Street and Mosley Street and how these will affect its setting.

The Panel would like to see bespoke Metrolink Stations for the St Peter’s Square Conservation Area.

4.11 The City Arboriculturist – Made recommendations in relation to the trees within the Memorial Gardens, which are being dealt with as part of the associated application reference: 099491/VO/2012/C1

4.12 Head of Regulatory and Enforcement Services (Contaminated Land) – Advised that the ground survey report for the wider St Peter’s Square application should be forwarded when available.

4.13 The Head of Neighbourhood Services (Highway Services) – Confirmed no objection, however advised that the applicant should submit a strategy for the maintenance of the structure in terms of required access requirements and locations of parked servicing vehicles

4.14 Greater Manchester Police (Design for Security) – Confirmed that they met with the design team to review the proposals prior to the planning applications being submitted, and offered their support for the overall design at that stage. Having reviewed the plans and supporting material for each application, Design for Security continue to support the overall scheme and all three planning applications.

4.15 The Environment Agency – Confirmed no comment as the proposals are not within their remit.

4.16 Transport for Greater Manchester – Recommended conditions to require a construction management plan and proposals for planned service diversions, levels and drainage to be submitted to and approved in writing by Transport for Greater Manchester.

5.0 ISSUES

Relevant National Policy

5.1 The National Planning Policy Framework – The NPPF sets out the Government’s planning policies for England and how these are expected to apply. The proposed developments comply with the following policies or parts thereof:

5.2 Section 4 Promoting Sustainable Transport - The structure would continue to be easily accessed by sustainable transport methods, including walking, cycling, buses and the Metrolink system and its relocation would allow the extension of the Metrolink system.

5.3 Section 7 Requiring Good Design - The design of the new structure surrounding the Cenotaph would have a high quality appearance, being Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 constructed of high quality materials and providing an appropriate setting for the Cenotaph.

5.4 Section 11 Conserving and enhancing the natural environment – The Head of Regulatory and Enforcement Services will be given the opportunity to assess the ground survey report for the wider St Peter’s Square application when available.

5.5 Section 12 Conserving and enhancing the historic environment – The degree of harm caused to the heritage asset has to be justified in terms of the social and economic benefits of the relocation of the monument and change to its setting.

Paragraph 128 – advises that local planning authorities should require an applicant to submit sufficient information to describe the significance of any heritage assets affected, including any contribution made by their setting.

Paragraph 131 – Advises that in determining planning applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and the desirability of new development making a positive contribution to local character and distinctiveness.

Paragraph 132 – Advises that any harm to or loss of a designated heritage asset should require clear and convincing justification. Substantial harm or loss should be exceptional and substantial harm to or loss of designated heritage assets of the highest significance, including grade I and II* listed buildings should be wholly exceptional.

Paragraph 133 – Advises that local planning authorities should refuse consent for proposals that will lead to substantial harm to or total loss of significance of a designated heritage asset, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss. This is essentially a matter of judgement and will depend on the weight that is attached by decision makers and consultees to the various issues.

Paragraph 134 – Advises that where proposals will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.

Paragraph 141 – Provides advice on the requirements for building recording and publication of information.

It is recommended that the condition specified by GMAAS is applied to the applications if approved in order to comply with the archaeology elements of Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 this policy. The remainder of the report further addresses how the scheme is consistent with this policy.

Relevant Regional Policy

5.6 The Regional Spatial Strategy (RSS) for North West England - The Regional Spatial Strategy (RSS) for North West England was adopted in September 2008 and provides a framework for development and investment in the region over the next fifteen to twenty years. The relevant policies of the RSS that are relevant to this proposal are as follows:

Policy DP2 - Promote Sustainable Communities - The scheme would aim to meet the diverse needs of existing and future users of and visitors to the City Centre, including people that currently attend parades involving the Cenotaph and contribute to a high quality of life.

Policy DP5 - Manage Travel Demand; Reduce the Need to Travel, and Increase Accessibility - The structure would continue to be easily accessed by sustainable transport methods, including walking, cycling, buses and the Metrolink system and its relocation would allow the extension of the Metrolink system.

Policy DP7 – Promote Environmental Quality - The remainder of the report addresses how the scheme is consistent with this policy.

Relevant Local Policies

5.7 Adopted Core Strategy – The proposal is consistent with the following policies within the Adopted Core Strategy for the City of Manchester and specifically:

Policy SP 1 – Spatial Principles - The Cenotaph would continue to be easily accessible by walking, cycling and public transport. The relocation would also make a positive contribution to the surrounding area by creating a well designed place, making a positive contribution to the safety and wellbeing of residents, enhancing the character of St Peter’s Square and considering the needs of the community.

Policy CC4 – Visitors, tourism, culture and leisure - The proposals would improve the setting of the Cenotaph making it easier to access and use for parades and events.

Policy CC9 – Design and Heritage – The remainder of the report addresses how the scheme is consistent with this policy.

Policy CC10 - A Place for Everyone – The proposals would support the aim to appeal to a wide range of residents by increasing the diversity of activity in the City Centre and providing high standards of accessibility to the Cenotaph.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 Policy T2 - Accessible Areas of Opportunity and Need – The Cenotaph would continue to be easily accessible by walking, cycling and public transport.

Policy EN1 - Design Principles and Strategic Character Areas - The proposal involves a good quality design and would enhance the overall image of Manchester. The City's heritage has been fully considered in the development of the proposals and the proposals will contribute positively to the experience of all at street level, enhance St Peter’s Square and improve the City's permeability.

Policy EN 3 – Heritage – The remainder of the report addresses how the scheme is consistent with this policy.

Policy EN18 – Contaminated Land and Ground Stability – The Head of Regulatory and Enforcement Services will be given the opportunity to assess the ground survey report for the wider St Peter’s Square application when available.

Policy DM1 - Development Management – The proposals would comply with this policy for the following reasons

- The siting, layout, scale, form, massing, materials and detail of the proposals would be appropriate; - The effects on amenity would be acceptable; - The proposals would be fully accessible to disabled people, and accessible by sustainable transport modes. - They would be acceptable in relation to community safety and crime prevention.

The reminder of this report fully addresses how the scheme is consistent with this policy.

5.8 Unitary Development Plan -The following saved policies of the Unitary Development Plan for the City of Manchester (UDP) are of relevance to these applications:

Saved Policy DC18.1 – Conservation Areas – The remainder of the report addresses how the scheme is consistent with this policy.

Saved Policy DC19.1 – Listed Buildings – The remainder of the report addresses how the scheme is consistent with this policy.

Saved Policy DC20.1 – Archaeology –It is recommended that the condition specified by GMAAS is applied to the applications if approved in order to comply with this policy.

5.9 The Guide to Development in Manchester SPD – This Supplementary Planning Document supplements guidance within the Adopted Core Strategy with advice on development principles including on design, accessibility, Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 design for health and promotion of a safer environment. The proposals comply with these principles where relevant.

5.10 Strategic Plan- The Manchester City Centre Strategic Plan (published in 2009) presents a vision for the City Centre and sets out the strategic action required to work towards achieving this over the period from 2009 – 2012. The Plan considers the contribution to be made towards achieving the overall vision by each of the district components of the City Centre and recognises the key role of Manchester City Centre in providing a positive image and framework for inward investment and explains that its continued strong economic performance within a high quality urban environment will be fundamental to the prosperity of both Manchester and its city region.

The site of the applications falls within the area designated as the Central Business District, which is the focus for the largest regional concentration of financial and professional services and is along with Spinningfields and the Central Spine crucial to providing a diverse commercial product within the City Centre.

One of the priorities is the strengthening of the commercial positioning of St Peter’s Square, which would be strengthened by the creation of better public realm and the critical examination of the role and function of existing traffic in the area. The plan states that further improvements will enhance the environmental quality of the area in a way that improves its identity and functionality and ensure that the district remains a destination for investors.

The St Peter’s Conservation Area

The St Peter's Square conservation area contains a mixture of commercial, cultural and civic buildings. The name derives from St. Peter's Church, which stood in the centre of St Peter's Square from 1788 to 1907.

The main characteristic of the conservation area is civic grandeur, but it also contains some commercial property. The earliest building in the conservation area is the Friends' Meeting House on Mount Street, designed by Richard Lane and completed in 1830. It is in Greek Classical style with Ionic pedimented portico and replicates the Temple of Ilissus in Attica, a province of Greece. The area also contains a number of other listed buildings, including the Midland Hotel (Grade II* Listed), which is the epitome of the grand style in late Victorian architecture.

When opened in 1934 by King George V, the Central Library (Grade II* Listed) was the largest public library in the country. It is a Classical-style building in Portland Stone which takes inspiration from the Pantheon in Rome, with its circular plan and the central lantern light at the top of the dome. Its huge portico, supported by six Corinthian columns, emphasises the importance of St Peter's Square. Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 The Central Library and the Town Hall Extension were designed at the same time, and together they form a single composition with a walkway between them.

New and refurbished buildings in the area should be neither diluted nor superficial reflections of historic buildings but should have a vitality of their own. Bland copies would make no positive contribution but would simply devalue the historic character of the area.

Albert Square Conservation Area

The Albert Square contains many listed buildings, including the Grade I Listed Town Hall, but also contains a number of more recent buildings such as Heron House. There is much variety in the building materials used in Albert Square. Generally buildings on the eastern side of the Square are built of yellow stone whilst those on the west side, opposite the Town Hall, are finished in red brick. This helps to emphasise the civic importance of the Town Hall. The principal characteristic of the conservation area is the view looking east along Brazennose Street which focuses on the dominant tower of the Town Hall, framed by commercial buildings on either side.

A large amount of the Conservation Area in particular around the Town Hall and on Brazennose Street is pedestrianised.

The architectural emphasis of corners is a characteristic of Manchester buildings which contributes to the urban design character of the city centre. It is evident in the Albert Square area and its use in new developments will therefore be encouraged.

Designers should respect the architectural character of the existing historic buildings and create proposals which harmonise with them. This does not mean producing pastiche or a copy of an old building, since each building should have a vitality of its own and reflect the period in which it is built.

Legislative requirements

Section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the “Listed Building Act”) and Regulation 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 provide that where an application for listed building consent for the demolition, alteration or extension of a listed building, or an application for conservation area consent for the demolition of a building in a conservation area is made by the Local Authority, it is deemed to be referred to the Secretary of State for determination by him.

Section 16 (2) of Listed Building Act provides that “in considering whether to grant listed building consent for any works to a listed building, the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses”

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 Section 66 of the Listed Building Act provides that in considering whether to grant planning permission for development that affects a listed building or its setting the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Section 72 of the Listed Building Act provides that in the exercise of the power to determine planning applications for land or buildings within a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

S149 Equality Act 2010 provides that in the exercise of all its functions the Council must have regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between person who share a relevant protected characteristic and those who do not. This includes taking steps to minimise disadvantages suffered by persons sharing a protect characteristic and to encourage that group to participate in public life. Disability is a protected characteristic.

S17 Crime and Disorder Act 1998 provides that in the exercise of its planning functions the Council shall have regard to the need to do all that it reasonably can to prevent crime and disorder.

5.11 The Scheme's contribution to regeneration

Regeneration is an important planning consideration. The NPPF (para 7) provides that the planning system needs to contribute to building a strong and responsive competitive economy, to support strong and vibrant communities and to contribute to protecting and enhancing the built and historic environment. Over the past fifteen years the City Council has had a considerable amount of success in terms of regenerating the City Centre. The work in the City Centre Renewal Area, Piccadilly, Spinningfields, Manchester Central, Northern Quarter and Castlefield are all good examples of this. However, much remains to be done if the City Centre is to remain competitive and it will be important to ensure that investment in Manchester continues.

The application site is within St Peter’s Square, which is a location specifically referred to in the City Centre Strategic Plan as requiring better public realm. St Peter’s Square will be altered significantly as a result of the proposals for the Civic Quarter including changes to the public realm, the ongoing refurbishment of the Town Hall Extension and Central Library, the ongoing development at 1 St Peter’s Square and the extension of the Metrolink system. At present, the Cenotaph occupies an island site in a location that is heavily dominated by all forms of transport; this does diminish the setting and appearance of the Cenotaph. The relocation of the Cenotaph would contribute to the transformation of the Square by providing a new, more accessible setting that would enhance the setting of the structure.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 For these reasons the proposals would contribute to the objectives of the City Centre Strategic Plan 2008-2012 for the Central Business District.

5.12 Impact on the significance of the Heritage Assets

Sections 16, 66 and 72 of the Listed Buildings Act require the authority granting consent to give special consideration to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses and to the desirability of preserving or enhancing the character or appearance of that area.

Development decisions should accord with the requirements of Section 12 of the National Planning Policy Framework which notes that heritage assets are an irreplaceable resource and emphasises that they should be conserved in a manner appropriate to their significance.

The NPPF requires that applications that cause substantial harm ought to provide “clear and convincing justification” for the harm. Substantial harm to Grade II* buildings should be wholly exceptional (paragraph 132). Where development will lead to substantial harm to the significance of a Grade II* listed structure, this harm should be wholly exceptional and consent should be refused unless the harm is necessary to achieve substantial public benefits that outweigh the harm.

The Cenotaph is a highly significant monument and is Grade II* Listed. Its current relationship with St Peter’s Cross and the Memorial Gardens that physically connects them is also highly significant. All three are also located within the St Peter’s Square Conservation Area. Thus in the context of the above the key issue with regard to the applications is whether the proposals amount to substantial harm to the Grade II* Listed Cenotaph, the group value of the Cenotaph, St Peter’s Cross and Memorial Gardens and the surrounding St Peter’s Square Conservation Area.

The structures are presently situated on a busy traffic island. This is a result of the development and expansion of public transport facilities within the City that have produced substantial public benefits. These changes have caused significant problems in terms of their impact on the listed structure and the ceremonies associated with it.

The proposed new location would provide public benefits to the setting of the Cenotaph as the monument would be fully and properly integrated into the site in a planned manner. It would have a backdrop of the Grade I Listed Town Hall and the Grade II * Listed Town Hall Extension and would be viewed in the context of the City Art Gallery, a Grade 1 Listed Building. It would also have a direct relationship with the grand St Peter’s Square entrance of the Town Hall and there would be significantly more space around the monument for parades and events than is available at its current location. Furthermore the space would provide level access enhancing its accessibility by disabled people.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 The new setting would be constructed of quality materials that would complement the monument and would be of a design that would be subservient giving the monument prominence.

The structure would be at risk during its relocation. However this is partly mitigated as the applicant has carried out significant research into methods of dismantling, storage and reinstallation, which is aimed at preventing any harm to the structure. A strategy for protection at all stages of the works has also been submitted.

Additionally, confirmation has been received that any damage caused during the relocation would be repaired. Damage due to weathering, frost damage and mechanical damage would also be repaired where it would not damage the character and appearance of the structure. Consultation with English Heritage and key stakeholders would be carried out to decide this so that the appearance of the structure would not be harmed and its original character restored.

The connection with its current and original site would be lost as would its relationship with the Grade II Listed St Peter’s Cross and the non-designated Memorial Gardens meaning the loss of the group value of these heritage assets.

This is considered to be part mitigated by the positive aspects of the proposed location. It is considered that the existing setting and context of the Cenotaph has become inappropriate and unacceptable owing to the significant changes that have taken place within the area since the Cenotaph was first unveiled in 1924. The original context of the Cenotaph was a backdrop of relatively small scale contemporary buildings and open views across the square, with only the Grade II Listed Cross being an obstruction during ceremonies. The buildings that surrounded the Square at this time were much smaller in scale and the Cenotaph was therefore a dominant feature within the space.

This dominance has been lost due to the alterations that have already taken place around the monument and the current proposals have the potential to restore this through the provision of open views from Princess Street and Mosley Street and the provision of a new relationship with the surrounding Grade I Listed Town Hall and Grade II* listed Town Hall Extension and .

Despite the measures to protect the monument during relocation, the repairs proposed and the positive aspects of the new site and setting English Heritage consider that the proposal causes substantial harm to the acknowledged Heritage Asset through the risk of damage to the structure, the separation from its original location and the loss of group value. In these circumstances, it is necessary to asses whether the relocation is necessary to achieve public benefit and whether the public benefit that would justify the harm caused. Members have to be aware that the advice within the NPPF makes it clear that the circumstances need to be wholly exceptional should they choose to support this proposal. Manchester City Council Item 6 Planning and Highways Committee 22 November 2012

Public Benefits

The relocation of the Cenotaph is proposed to provide more usable space around the monument for important events such as Remembrance Sunday in addition to providing a more appropriate setting.

The need for additional space is due to the problems that organisers and attendees of this event have experienced at the current location. The problems with the current location of the Cenotaph for the hosting of the Remembrance Sunday Ceremony are as follows:

- The presence of the Metrolink tram stop which disrupts the procession around the Memorial; - The military band is located on the track-bed between the 2 platforms whilst the conductor stands above on the platform. The band are therefore largely hidden from view and their music is inaudible to those around the south-east side; - The tram stop hinders views of ceremonies from the north and west sides; - There are no permanent provisions for PA equipment and sound quality is poor; - There is no level access to the Cenotaph; - At the end of the ceremony the public are invited to access the Memorial to lay their own wreaths and or plant a wooden cross in the grass. Due to the presence of the tram stop on the north-west side, there is only one point of access (between the obelisk and the low-rise wall) to the south-east side which causes the area to become heavily congested and a potential health and safety concern; and - Currently increased numbers of spectators are attending the ceremony and space around the monument to view the ceremony is restricted.

The above problems are also issues in terms of hosting other events at the Cenotaph and the lack of level access is an issue for anyone visiting the monument.

The changes that have taken place at the site over the years since the unveiling of the Cenotaph have made it difficult to carry out the Remembrance Day ceremony with a level of dignity that is appropriate. The full issues described above illustrate this and the usability of the Cenotaph for these events is a very important functional issue. The new location has been specifically designed in consultation with the appropriate bodies to ensure that the Cenotaph and its setting would fulfil all the necessary functional requirements.

The City Council was made aware of these issues early in the Transformation Process and the major redesign of St Peter’s Square presents the opportunity to achieve the required improvements to functionality.

It is widely accepted that the current location of the Cenotaph is less than desirable in terms of conducting the important events and ceremonies Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 associated with it. It is also accepted by some, but not by everybody, that the changes that have taken place in the Square have had a negative impact on the setting of and have affected the appearance of the structure. The major factor has been the introduction of the Metrolink system. It has to be accepted that the Metrolink system is a component of the Transport network in the region and is a key part of the City’s growth strategy and it will remain in the Square for many years to come. Indeed, if the full benefits of the expansion of the system are to be fully realised, its presence within the City Centre and within St Peters Square will increase considerably as a result of the introduction of the Second City Crossing.

The proposals are considered to be justified by the above public benefits and are therefore considered to be in accordance with Sections 4, 7 and 12 of the National Planning Policy Framework, policies DP3, DP4 and DP7 of the Regional Spatial Strategy for the North West, Policies SP1 (Spatial Principles), CC4 (Visitors, Tourism and Leisure), CC9 (Design and Heritage), CC10 (A Place for Everyone), T2 (Accessible Areas of Opportunity and Need), EN1 (Design Principles and Strategic Character Areas), EN3 (Heritage), DM1 (Development Management) of the Adopted Core Strategy for the City of Manchester, the Design and Accessibility principles of the Guide to Development in Manchester SPD and Saved Policies DC18.1 (Conservation Areas) and DC19.1 (Listed Buildings) of the Unitary Development Plan for the City of Manchester.

5.13 Access

The following measures would be incorporated into the design to assist access for people with all disabilities and comply with guidance within ‘Design for Access 2’ where possible:

- Level access would be provided throughout the setting, - A space wider than 400 metres would be provide either side of the seating for wheelchairs to park, - The height of the seating varies due to changes in levels, the top surface is levelled and the seating heights range between the required 500mm and 468mm, - Seating widths are approximately 736mm and seating is proposed to be used on both sides, - The seating colour will contrast with the background to St Peter’s Square, but matches the Memorial Wall, - Portland Stone does not retain excessive amounts of heat - The seating would not cause an obstruction to pathways and pedestrian routes, - Surfaces would be durable, even and slip resistant, - Surfaces would not be highly polished or reflective, - Finishes would avoid unnecessary reflection, reverberation, echo, or excessive acoustic absorbency, - All floor coverings would be firmly fixed, - There would be differentiation between the floor and wall/seating finishes, Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 - The design does not preclude the City Council from executing the management and maintenance requirements described in section 27 of ‘Design for Access 2’.

Given the above the proposals are considered to be in accordance with policies SP1 (Spatial Principles), CC10 (A Place for Everyone), T2 (Accessible Areas of Opportunity and Need), and DM1 (Development Management) of the Core Strategy for the City of Manchester and the Design and Accessibility principles of the Guide to Development in Manchester SPD.

5.14 Safety and security

The applicant has provided detailed information on how the structure would be prevented from damage throughout the works and has also confirmed that storage areas will be adequately secured to prevent theft. Greater Manchester Police have also confirmed their support for the proposals and involvement in their development.

Given the above the proposals are considered to be in accordance with policy DM1 (Development Management) of the Core Strategy for the City of Manchester and the Community Safety and Crime Prevention Principle of the Guide to Development in Manchester SPD.

5.15 Transport Issues / Relationship to Transport Infrastructure

The site would continue to be well served by a variety of sustainable modes of transport, including walking, cycling, buses and the Metrolink system. It is recommended that the conditions recommended by Transport for Greater Manchester and the Head of Highway Services be applied to application reference 100118/VO/2012/C1 if approved.

Given the above the proposals are considered to be in accordance with Section 4 (Promoting Sustainable Transport) of the National Planning Policy Framework, policy DP5 of the Regional Spatial Strategy for the North West, policies SP1 (Spatial Principles), CC4 (Visitors, Tourism, Culture and Leisure), CC10 (A Place for Everyone), T2 (Accessible Areas of Opportunity and Need) and DM1 (Development Management) of the Core Strategy for the City of Manchester and the Design Principle of the Guide to Development in Manchester SPD. 5.16 Ground Contamination Issues

The Head of Regulatory and Enforcement Services will be given the opportunity to assess the ground survey report for the wider St Peter’s Square application when available.

Given the above the proposals are considered to be in accordance with Section 11 (Conserving and enhancing the natural environment) of the National Planning Policy Framework and policy EN18 (Contaminated Land and Ground Stability) of the Core Strategy for the City of Manchester.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 5.17 Timing of the Submission

The applications have been submitted alongside those for St Peter’s Cross, the Peace Gardens and the Memorial Gardens to allow a coordinated assessment of the impact on the heritage assets affected.

6.0 CONCLUSION

6.1 The Council has taken the submitted information and the representations received from Statutory Consultees and third parties into consideration and has concluded that the proposal is in accordance with all relevant Core Strategy policies.

In terms of the proposed works to the listed structure it is considered that the proposals will cause substantial harm to heritage assets but that the harm is necessary to achieve the substantial public benefits set out above and those benefits outweigh the harm. The granting of consent would therefore be consistent with the relevant tests set out in Section 12 of the National Planning Policy Framework.

The proposals are consistent with the preservation of the listed structure and its future use and the enhancement of the conservation area and there is therefore no reason deriving from the relevant statutory requirements to refuse consent.

The proposals would be consistent with policy at national, regional and local level and for the reasons outlined above are supported.

6.2 Third Party Representations

English Heritage The Twentieth Century Society The War Memorials Trust Greater Manchester Archaeological Advisory Service Neighbourhood Services (Head of Highway Services) Manchester Historic Buildings and Conservation Areas Panel Battery Sergeant Major, 209 Battery, The Manchester Artillery Retired Captain, Vice President of SSAFA-Forces Help Manchester The RAF Widows Association The Army Central Fund The Head of Army Heritage, Army Heritage Branch Manchester Cathedral The City Arboriculturist Greater Manchester Police Transport for Greater Manchester The Environment Agency 365 Central Drive, blackpool, Blackpool, FY1 5JN 24 Cotton Lane, Manchester, Manchester, M20 4XT 31 Blackfriars Road,, ,, M3 7AQ dlee@pencentury Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 12 Maltby Road, Manchester, M23 1EN 73-75 Princess Street, M2 4EG

6.3 Human Rights Act 1998 considerations – This application needs to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applicants (and those third parties, including local residents, who have made representations) have a right to a fair hearing and to this end the Committee must give full consideration to their comments.

Protocol 1 Article 1, and Article 8 where appropriate, confer(s) a right of respect for a person’s , other land and business assets. In taking account of all material considerations, including Council policy as set out in the Adopted Core Strategy, the Head of Planning has concluded that some rights conferred by these Articles on the applicant(s)/objector(s)/resident(s) and other occupiers and owners of nearby land that might be affected may be interfered with but that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. She believes that any restriction on these rights posed by the approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts.

7.0 Recommendation

7.1 The Head of Planning therefore recommends that the Committee is:

MINDED TO APPROVE planning application ref no 100120/VO/2012/C1 subject to the grant of listed building consent 100121/LO/2012/C1 on the basis that the proposal is in accordance with Section 4 (Promoting Sustainable Transport), Section 7 (Requiring Good Design), Section 11 (Conserving and enhancing the natural environment) and Section 12 (Conserving and enhancing the historic environment) of the National Planning Policy Framework, Policies DP2 (Promote Sustainable Communities), DP5 ( Manage Travel Demand; Reduce the Need to Travel, and Increase Accessibility) and DP7 (Promote Environmental Quality) of the Regional Spatial Strategy for North West England, Policies SP 1 (Spatial Principles), CC4 (Visitors, tourism, culture and leisure), CC9 (Design and Heritage), CC10 (A Place for Everyone), T2 (Accessible Areas of Opportunity and Need), EN1 (Design Principles and Strategic Character Areas), EN 3 (Heritage), EN18 (Contaminated Land and Ground Stability) and DM1 (Development Management) of the Adopted Core Strategy for the City of Manchester, the Design, Accessibility and Community Safety and Crime Prevention Principles of the Guide to Development in Manchester SPD and saved policies DC18.1 (Conservation Areas), DC19.1 (Listed Buildings) and DC20.1 (Archaeology) of the Unitary Development Plan for the City of Manchester in that the development would encourage regeneration within the City Centre, would promote, support and enhance the City's role as an international centre of excellence for learning and research, would have significant public benefit, would contribute to improving the quality of the City’s overall environment, would be fully accessible by all forms of transport and in particular adequately served by public transport, would be of a good standard of design, would not have an adverse impact on the architectural and historic character of the conservation areas or the setting of the listed buildings, has considered the needs of pedestrians, cyclists and disabled Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 people in the design of the development and would not unacceptably increase the risk of flooding elsewhere, would have regard to the character, issues and strategy for the Central Business District as described in Manchester City Centre Strategic Plan, would improve the contribute to regeneration within this part of the City Centre, encouraging investment and would contribute to the wider regeneration of the area around St Peter’s Square.

7.2 MINDED TO APPROVE Listed Building Consent application ref no 100121/LO/2012/C1 subject to referral to the Secretary of State on the basis that the proposal is in accordance with Sections 7 and 12 of the National Planning Policy Framework, policy DP7 of the Regional Spatial Strategy for the North West, Policies SP1 (Spatial Principles), CC9 (Design and Heritage), EN1 (Design Principles and Strategic Character Areas), EN3 (Heritage), DM1 (Development Management), the Design principle of the Guide to Development in Manchester SPD and Saved Policies DC18.1 (Conservation Areas) and DC19.1 (Listed Buildings) of the Unitary Development Plan for the City of Manchester in that the in that the proposals would not have an adverse impact on the architectural and historic character of the conservation areas or the setting of the listed buildings and would have significant public benefit and notwithstanding the substantial harm to the heritage assets, the proposals are necessary to achieve substantial public benefits which are set out in the body of the report.

7.3 For the reasons set out in this report and subject to:

a) referral of Listed Building Consent application reference: 100121/LO/2012/C1 to the Secretary of State

and

b) the following conditions

Application reference 100118/VO/2012/C1 –

1) The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2) The development hereby approved shall be carried out in accordance with the following drawings and documents:

The site location plan stamped as received by the City Council as local planning authority on 3rd August 2012

The drawings by SLHA referenced:

1257-SLHA-DR-05-A101 rev C, 1257-SLHA-DR-05-A102, 1257-SLHA-DR-06- A201 rev D, 1257-SLHA-DR-06-A202 rev D, 1257-SLHA-DR-06-A203 rev D, 1257-SLHA-DR-07-A301 rev D, 1257-SLHA-DR-07-A302 rev C, 1257-SLHA- Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 DR-40-A401 rev B stamped as received by the City Council as local planning authority on 3rd August 2012 1257-SLHA-DR-72-A402 rev D stamped as received by the City Council as local planning authority on 31 st August 2012

The information within Sections 4, 5.3, 5.4, 5.5, 5.7, 5.8 and 6 and Appendices 7.1.1, 7.1.2 and 7.1.16 of the Design and Access Statement stamped as received by the City Council as local planning authority on 31 st August 2012

The email from Nathan Matta dated 15th August 2012.

Reason - To ensure that the development is carried out in accordance with the approved plans. Pursuant to Policies SP 1, CC4, CC9, CC10, T2, EN1, EN 3, EN18 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1, DC19.1 and DC20.1 of the Unitary Development Plan for the City of Manchester

3) Prior to the dismantling of the Cenotaph, or the commencement of any groundworks within the area of St. Peter's Church and the new location of the Cenotaph hereby approved the applicant or their agents or their successors in title shall secure the implementation of a programme of archaeological works to be undertaken in accordance with a Written Scheme of Investigation (WSI) submitted to and approved in writing by the local planning authority. The WSI shall cover the following:

1. A phased programme and methodology of site investigation and recording to include: - a watching brief on the dismantling of the Cenotaph and on any groundworks carried out in the vicinity of the former footprint of St. Peter's Church; - (informed by the above) targeted area excavation and recording. 2. A programme for post investigation assessment to include: - analysis of the site investigation records and finds; - production of a final report on the significance of the archaeological and historical interest represented. 3. Provision for publication and dissemination of the analysis and report on the site investigation to include: - a bound hardcopy and digital copy of the final assessment report with the Historic Environment Record - (dependent upon the investigation results) a volume in the series 'Greater Manchester's Past Revealed'. 4. Provision for archive deposition of the report, finds and records of the site investigation. 5. Nomination of a competent person or persons/organisation to undertake the works set out within the approved WSI.

Reason - To investigate the archaeological interest of the site, record, preserve and advance understanding of the heritage asset affected and any remains of archaeological interest and to make information about the Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 archaeological heritage interest publicly accessible, pursuant to policy EN3 of the Adopted Core Strategy for the City of Manchester, saved Policy DC20.1 of the Unitary Development Plan for the City of Manchester and guidance in paragraph 141 of Section 12 of the National Planning Policy Framework.

4) Before the development that is hereby approved commences or within a timescale to be otherwise agreed in writing by the City Council as local planning authority samples and specifications of all materials to be used in the development and full details of the construction, including jointing shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be constructed only using the approved materials and in accordance with the approved details.

Reason - To ensure that the appearance of the development is acceptable to the City Council as local planning authority in the interests of the visual amenity of the area within which the site is located, as specified in policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

5) Full details of the proposed foundations and detailed structural design information for the development shall be submitted to and approved in writing by the City Council as local planning authority before the development hereby approved commences or within a timescale to be agreed in writing by the City Council as local planning authority. The development shall be constructed only using the approved materials and in accordance with the approved details.

Reason - In the interests of amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and the setting of a designated conservation area and careful attention to building work is required to protect the character and appearance of this building and conservation area in accordance with policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

6) Full details of the proposed external lighting scheme shall be submitted to and approved in writing by the City Council as local planning authority before any associated external lighting is installed. The submitted details shall include full scaled drawn information to demonstrate the location and appearance, a product specification, details of any associated ancillary equipment and details regarding lighting splay and glare and the lighting scheme shall be implemented only in accordance with the approved details.

Reason - In the interests of amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and the setting of a designated conservation area and careful attention to building work is required to protect the character and appearance of this building and conservation area in accordance with policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester.

7) Full details of the proposed new structures that would support the relocated memorials and the design of the proposed memorial wall and seating, including the design and proposed installation of new memorials or engraving, shall be submitted to and agreed by the City Council as local planning authority before the development that is hereby approved commences or within a timescale to be otherwise agreed in writing by the City Council as local planning authority. These works shall be implemented only in accordance with the approved details.

Reason - In the interests of amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and the setting of a designated conservation area and careful attention to building work is required to protect the character and appearance of this building and conservation area in accordance with policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

8) Before the development hereby permitted is first used the scheme to provide access for disabled people into and throughout the development as shown on the drawings referenced 1257-SLHA-DR-05-A101 rev C, 1257- SLHA-DR-06-A202 rev D, 1257-SLHA-DR-06-A203 rev D, 1257-SLHA-DR-07- A301 rev D and 1257-SLHA-DR-07-A302 rev C and detailed in Section 6 of the Design and Access Statement hereby approved shall have been implemented fully in accordance with these approved documents and shall be retained for the life of the structure.

Reason - To ensure that satisfactory disabled access is provided by reference to the provisions of the Adopted Core Strategy for the City of Manchester, in particular policy DM1.

9) No development shall take place, including any works of demolition, until a Construction Management Plan (CMP) with detailed method statements of construction and risk assessments, has been submitted to and approved in writing by the City Council as local planning Authority (approval to be in consultation with Transport for Greater Manchester). The approved CMP shall include agreed safe methods of working adjacent to the Metrolink Hazard Zone and shall be adhered to throughout the construction period. The CMP shall provide for:-

- The Parking of vehicles of site operatives and visitors; - Loading and unloading of plant and materials; - Storage of plant and materials used in constructing the development; - Construction and demolition methods to be used; including the use of cranes; - The erection and maintenance of security hoardings; Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 - Measures to control the emission of dust and dirt during construction and; - A scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason - In the interests of highway safety, to safeguard the amenities of the locality and to ensure that the developer complies with the necessary requirements of working adjacent to the Metrolink system, pursuant to policy DM1 of the Adopted Core Strategy for the City of Manchester.

10) No development shall take place, including any works of demolition, unless and until proposals for service diversions, levels and drainage have been submitted to and approved in writing by the City Council as local planning Authority (approval to be in consultation with Transport for Greater Manchester).

Reason – To ensure that proposed service diversions levels and drainage schemes are compatible with the requirements to deliver the Metrolink Second City Crossing Proposals, pursuant to policies DM1, SP1 and T2 of the Adopted Core Strategy for the City of Manchester.

11) A strategy for the maintenance of the structure in terms of details of access to the structure for maintenance and details of the location that maintenance vehicles will park and equipment will be parked/stored shall be submitted to and approved in writing by the City Council as local planning authority before the works hereby approved are completed. The approved strategy shall be implemented on completion of the works and remain in operation for as long as the structure remains in the approved location.

Reason - To ensure that proposals are acceptable in relation to highway safety pursuant to policies DM1, SP1 and T2 of the Adopted Core Strategy for the City of Manchester.

12) In the event that human remains are disturbed or revealed in the course of the development, all works shall cease until a scheme for the removal and reinterment of the remains which complies with all statutory requirements has been submitted to and approved in writing by the City Council as local planning authority. The development shall be carried out in accordance with the scheme.

Reason – To ensure that the proposals comply with statutory requirements.

Application reference 100119/LO/2012/C1 –

1) The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason - Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 2) The development hereby approved shall be carried out in accordance with the following drawings and documents:

The site location plan stamped as received by the City Council as local planning authority on 3rd August 2012

The drawings by SLHA referenced:

1257-SLHA-DR-05-A101 rev C, 1257-SLHA-DR-05-A102, 1257-SLHA-DR-06- A201 rev D, 1257-SLHA-DR-06-A202 rev D, 1257-SLHA-DR-06-A203 rev D, 1257-SLHA-DR-07-A301 rev D, 1257-SLHA-DR-07-A302 rev C, 1257-SLHA- DR-40-A401 rev B stamped as received by the City Council as local planning authority on 3rd August 2012 1257-SLHA-DR-72-A402 rev D stamped as received by the City Council as local planning authority on 31st August 2012

The information within Sections 4, 5.3, 5.4, 5.5, 5.7, 5.8 and 6 and Appendices 7.1.1, 7.1.2 and 7.1.16 of the Design and Access Statement prepared by Stephen Levrant Heritage Architecture and stamped as received by the City Council as local planning authority on 31st August 2012

The information within Sections 7.3, 8.2 and 8.3 of Part Two of the Heritage Statement prepared by Stephen Levrant Heritage Architecture and stamped as received by the City Council as local planning authority on 3rd August 2012.

The email from Nathan Matta dated 15th August 2012.

Reason - To ensure that the development is carried out in accordance with the approved plans. Pursuant to policies SP1, CC9, EN1, EN3, DM1 and Saved Policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

3) Prior to the dismantling of the Cenotaph, or the commencement of any groundworks within the area of St. Peter's Church and the new location of the Cenotaph hereby approved the applicant or their agents or their successors in title shall secure the implementation of a programme of archaeological works to be undertaken in accordance with a Written Scheme of Investigation (WSI) submitted to and approved in writing by the local planning authority. The WSI shall cover the following:

6. A phased programme and methodology of site investigation and recording to include: - a watching brief on the dismantling of the Cenotaph and on any groundworks carried out in the vicinity of the former footprint of St. Peter's Church; - (informed by the above) targeted area excavation and recording. 7. A programme for post investigation assessment to include: - analysis of the site investigation records and finds; Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 - production of a final report on the significance of the archaeological and historical interest represented. 8. Provision for publication and dissemination of the analysis and report on the site investigation to include: - a bound hardcopy and digital copy of the final assessment report with the Historic Environment Record - (dependent upon the investigation results) a volume in the series 'Greater Manchester's Past Revealed'. 9. Provision for archive deposition of the report, finds and records of the site investigation. 10. Nomination of a competent person or persons/organisation to undertake the works set out within the approved WSI.

Reason - To investigate the archaeological interest of the site, record, preserve and advance understanding of the heritage asset affected and any remains of archaeological interest and to make information about the archaeological heritage interest publicly accessible, pursuant to policy EN3 of the Adopted Core Strategy for the City of Manchester, saved Policy DC20.1 of the Unitary Development Plan for the City of Manchester and guidance in paragraph 141 of Section 12 of the National Planning Policy Framework.

4) Before the development that is hereby approved commences or within a timescale to be otherwise agreed in writing by the City Council as local planning authority samples and specifications of all materials to be used in the development and full details of the construction, including jointing shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be constructed only using the approved materials and in accordance with the approved details.

Reason - To ensure that the appearance of the development is acceptable to the City Council as local planning authority in the interests of the visual amenity of the area within which the site is located, as specified in policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

5) A full method statement and specification for all proposed works, including dismantling, protection, transportation, storage, installation, reconstruction and repair shall be submitted to and approved in writing by the City Council as local planning authority, before the development that is hereby approved commences or within a timescale to be otherwise agreed in writing by the City Council as local planning authority. The works shall then be carried out only in accordance with the agreed method statement and to the approved specification.

Reason - In the interests of visual amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and careful attention to building work is required to protect the character and appearance of this building in accordance with policies EN3 and CC9 of the Adopted Core Strategy for the Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 City of Manchester and saved policy DC19.1 of the Unitary Development Plan for the City of Manchester.

6) Full details of the proposed foundations and detailed structural design information for the development shall be submitted to and approved in writing by the City Council as local planning authority before the development hereby approved commences. The development shall be constructed only using the approved materials and in accordance with the approved details.

Reason - In the interests of amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and the setting of a designated conservation area and careful attention to building work is required to protect the character and appearance of this building and conservation area in accordance with policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

7) Full details of the proposed external lighting scheme shall be submitted to and approved in writing by the City Council as local planning authority before any associated external lighting is installed. The submitted details shall include full scaled drawn information to demonstrate the location and appearance, a product specification, details of any associated ancillary equipment and details regarding lighting splay and glare and the lighting scheme shall be implemented only in accordance with the approved details.

Reason - In the interests of amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and the setting of a designated conservation area and careful attention to building work is required to protect the character and appearance of this building and conservation area in accordance with policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester

7) Before the removal of the Cenotaph War Memorial from its current location in St Peters Square as hereby approved commences or within a timescale to be otherwise agreed in writing by the City Council as local planning authority a detailed development programme shall be submitted to and approved in writing by the City Council as local planning authority. This programme shall confirm the timescale for the dismantling, transportation, storage and re- construction of the memorial and completion of all works along with full details of all storage locations and security measures prior to the commencement of the dismantling of the memorial. The works shall be carried out only in line with the timescales within the agreed programme.

Reason - In the interests of visual amenity, and because the proposed works are acceptable on a temporary basis and affect a memorial which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and sited in a conservation area and this information is necessary in Manchester City Council Item 6 Planning and Highways Committee 22 November 2012 accordance with policies EN3 and CC9 of the Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester.

8) A strategy for the maintenance of the fabric of the Cenotaph after relocation shall be submitted to and approved in writing by the City Council as local planning authority before the works hereby approved are completed. The approved strategy shall be implemented on completion of the works and remain in operation for as long as the structure remains in the approved location.

Reason - In the interests of amenity and because the proposed works affect a building which is included in the Statutory List of Buildings of Special Architectural or Historic Interest and the setting of a designated conservation area and careful attention to building work is required to protect the character and appearance of this building and conservation area in accordance with policies SP 1, CC9, EN 3 and DM1 of the Adopted Core Strategy for the City of Manchester and saved policies DC18.1 and DC19.1 of the Unitary Development Plan for the City of Manchester.

12) In the event that human remains are disturbed or revealed in the course of the development, all works shall cease until a scheme for the removal and reinterrment of the remains which complies with all statutory requirements has been submitted to and approved in writing by the City Council as local planning authority. The development shall be carried out in accordance with the scheme.

Reason – To ensure that the proposals comply with statutory requirements.

Equal Opportunities

The proposal will maintain direct access for all members of the public, including those with mobility impairments and would provide more direct access for all members of the public to Council services.

Environmental Improvements

The setting of the Cenotaph and the surrounding Conservation Area would be improved due to the repair and improved setting of the structure.

Employment Implications

Not applicable

HEAD OF PLANNING