Pb Proof Final (Issued) 211014.Docx

ARDSTONE UK REGIONAL OFFICE FUND VSH NOMINEE 1 LIMITED AND VSH NOMINEE 2 LIMITED PROOF OF EVIDENCE OF PAUL BURLEY IN RELATION TO AN APPLICATION BY CENTRO FOR THE MIDLAND METRO (BIRMINGHAM CITY CENTRE EXTENSION LAND ACQUISITION AND VARIATION) ORDER OCTOBER 2014 OP/P1.1/OBJ11 VICTORIA SQUARE HOUSE PROOF OF EVIDENCE OF PAUL BURLEY BA(Hons) MPhil MRTPI CONTENTS Section Page No. 1.0 Qualifications and Experience 1 2.0 Introduction 2 3.0 Context – The Birmingham City Centre Extension 5 4.0 The Property, the Surrounding Area & Nearby Developments 17 5.0 Current Policy and Strategy 29 6.0 Analysis of the CSQ 47 7.0 Conclusions 56 8.0 Declaration 59 APPENDICES 1 Listed Building List Description for Victoria Square House 2 Birmingham City Council Cabinet Report (21 October 2013) 3 Centro’s ‘Bite Sized Chunks Initiative’ Report (1999) 4 Chapter 4 (Planning Policy) of the Environmental Statement for the 2005 Order 5 1993 UDP – Adopted UDP Written Statement and Proposals Map Extracts (1993) 6 1993 UDP – Extracts from Inspector’s Report (1992) 7 2005 UDP Alterations – First Deposit Written Statement and Proposals Map Extracts (2001) 8 2005 UDP Alterations – Second Deposit Changes (2002) 9 Visit Birmingham News Release (15 November 2014) – Visitors to Christmas Market 10 Listed Building List Description for Council House etc 11 Listed Building List Description for Town Hall 12 Mailbox News Release (29 November 2013) – Mailbox Developments 13 HCA Employment Densities Guide 2nd edition (2010) 14 Chapter 8 of the Environmental Statement for Paradise Circus (2012/05116/PA, July 2012) 15 Birmingham Post News Article (21 August 2013) – Bullring Visitors 16 Birmingham Post News Article (1 May 2014) – Selfridges 17 BCC’s Draft Retail Strategy (2014) 18 Birmingham City Council Cabinet Report (20 September 2004) 19 Midland Metro City Centre Extension & Fleet Replacement Major Scheme Business Case (November 2011) Date: 21 October 2014 Location: p:\currentjobs\pd9766 victoria sq house (tram)\pb proof\pb proof final (issued) 211014.docx VICTORIA SQUARE HOUSE 1 PROOF OF EVIDENCE OF PAUL BURLEY BA(Hons) MPhil MRTPI 1.0 QUALIFICATIONS AND EXPERIENCE 1.1 My name is Paul Burley. I am a Master of Philosophy in Town Planning of the University of London, having studied at the Bartlett Institute of University College London. I am a member of the Royal Town Planning Institute. 1.2 I am a Partner with the firm of Montagu Evans LLP, Chartered Surveyors and Town Planning Consultants, with offices in London, Edinburgh and Glasgow. Before Montagu Evans I worked for Robert Turley Associates and GL Hearn Planning, both in their London offices. 1.3 My experience in advising on town planning matters of all kinds has covered much of England and Wales and has included a wide range of commercial and residential development. 1.4 In particular, I have had a wide experience in dealing with matters involving large mixed-use proposals. Such advice not only relates to site-specific proposals, but also to strategic matters. 1.5 I have also appeared as an expert planning witness at various planning and compulsory purchase inquiries. VICTORIA SQUARE HOUSE 2 PROOF OF EVIDENCE OF PAUL BURLEY BA(Hons) MPhil MRTPI 2.0 INTRODUCTION 2.1 My Proof of Evidence has been prepared in relation to Ardstone UK Regional Office Fund’s (‘Ardstone’) objection to the West Midland Passenger Transport Executive’s (‘Centro’) application to the Secretary of State for Transport under sections 1 and 4 of the Transport and Works Act 1992 (‘the 1992 Act’) for the Midland Metro (Birmingham City Centre Extension) (Land Acquisition and Variation) Order (‘the Order’). 2.2 Centro’s application, which was made on 4 December 2013, is seeking authorisation for a variation to the works authorised by the Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (SI2005/1794) (‘the 2005 Order’). It is also seeking compulsory acquisition powers for the works for which authorisation is sought; the compulsory acquisition powers pursuant to the 2005 Order expired in 2010. 2.3 The works for which authorisation is sought comprise an extension of an already- authorised street-running tramway, Midland Metro Line 1, from Stephenson Street via Pinfold Street and Paradise Street to Broad Street (Centenary Square) in Birmingham City Centre. This extension to Midland Metro Line 1 is sometimes generally referred to as the Centenary Square Extension (‘CSQ’). It is part of a longer extension to Midland Metro Line 1, generally known as the Birmingham City Centre Extension (‘BCCE’). 2.4 As it currently stands, therefore, whilst Centro has commenced the BCCE scheme that was deemed to be granted planning permission by way of the 2005 Order, it cannot continue works beyond Stephenson Street because it does not have the land assembly powers to enable it to do so. 2.5 Furthermore, it appears that Centro does not intend to implement the scheme for which planning permission was originally deemed to be granted; instead it is seeking authorisation (and thus deemed planning consent) for an alternative. As such, it will be necessary to examine whether there have been any change to the material considerations that need to be taken into account since the 2005 Order was confirmed. Ardstone’s Interest 2.6 Ardstone is the owner of Victoria Square House (‘the Property’) which is an office building on the southern side of Victoria Square between Hill Street and Pinfold Street. The freehold of the Property is owned by nominee companies controlled by Ardstone – VSH Nominee 1 Limited and VSH Nominee 2 Limited. 2.7 The Property, part of which was designed by Sir Henry Tanner and built between 1889- 91, was formerly Birmingham’s General Post Office. The public-facing building was that which still faces Victoria Square and there was a sorting office to the rear. 2.8 The Property was listed at Grade II in 1972 and is situated in the ‘Colmore Row and Environs’ conservation area. VICTORIA SQUARE HOUSE 3 PROOF OF EVIDENCE OF PAUL BURLEY BA(Hons) MPhil MRTPI 2.9 The sorting office was demolished and replaced with an office development which was completed in 1991 and occupied by TSB Bank plc. TSB commissioned Anthony Gormley’s ‘Iron Man’ sculpture which is still located outside of the building. 2.10 The former General Post Office building is the main entrance to the Property. The Property extends to approximately 14,864 sq m (160,000 sq ft) and accommodates in the region of 800 workers when fully occupied (there are approximately 600 people working in the Property at present). Ardstone’s Objection 2.11 Ardstone’s objection is set out in detail in its Statement of Case . 2.12 Ardstone supports improvements to public transport provision to and within Birmingham City Centre. It does, however, object to the Birmingham City Centre extension in general (including the basis upon which this was selected as the preferred route) and in particular the section of the Centenary Square Extension which runs along Pinfold Street and Paradise Street. 2.13 Ardstone objects to this part of the route and therefore to Centro’s application for the Order because: • the proposals for which authorisation is sought will be harmful to Victoria Square House, a designated heritage asset, to other heritage assets close by, and to the townscape generally; • the proximity of the tramway to buildings in Pinfold Street and to Victoria Square House will be harmful to movement (in particular pedestrian movement and connectivity) in the local area; and • since the route was first authorised there is a different balance of material considerations that should be taken into account in deciding whether Centro’s proposal is the most appropriate route and therefore whether to authorise the Order. These material considerations indicate that an alternative alignment may be preferable to that for which authorisation is sought. Alternatives should be properly explored before an Order is authorised. Relationship Between This and Other Witnesses’ Evidence 2.14 The first limb of Ardstone’s objection – the effect of the proposal on Victoria Square House and other heritage assets – is dealt with in the Proof of Evidence of Dr Chris Miele (OP/P2.1/OBJ11 ), a recognised expert in matters relating to the historic environment. Mr David Martin of GVA also looks at the effect that the proposal will have on the Property, but from an operational and a maintenance point of view (OP/P3.1/OBJ11 ). 2.15 The second limb of the objection – the effect on movement – is dealt with in the Proof of Evidence of Simon Tucker (OP/4.1/OBJ11 ). Mr Tucker also examines whether, VICTORIA SQUARE HOUSE 4 PROOF OF EVIDENCE OF PAUL BURLEY BA(Hons) MPhil MRTPI from a technical point-of-view, there are any alternatives to Centro’s proposals that would address Ardstone’s concerns. 2.16 I will also look at alternatives, but from the point of view of whether they would better serve well-established local and national planning objectives. Structure of my Proof of Evidence 2.17 Before examining alternatives I will briefly look at the history of the Midland Metro City Centre Extension to establish the context for my evidence ( Section 3.0 ). 2.18 At Section 4.0 I will describe the Property and the surrounding area with particular reference to existing movement-generating uses and major development proposals. 2.19 At Section 5.0 I will explore planning policy, guidance and strategies relating to the Midland Metro extension in particular, and in relation to the city centre and movement more generally. 2.20 I will then discuss possible alternatives at Section 6.0 before drawing conclusions at Section 7.0 .

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