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.

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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.

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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,

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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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3.0 CONTEXT – THE BIRMINGHAM CITY CENTRE EXTENSION

3.1 The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 was made in July 2005. As described in the Inspector’s Report (‘IR’; CD22[MMD/5.2] ) in relation to the Order, the process of bringing forward the extension began several years earlier, however.

Timeline of Key Events

Origins of the System

3.2 Centro originally had plans to develop and construct a three-line Midland Metro network. As was recorded in the 20 September 2004 report to Birmingham City Council’s Cabinet ( OP/P1.2/17/OBJ11 ), Line 1 was planned to run from Wolverhampton to Birmingham city centre, Line 2 was to run from Birmingham city centre to the NEC and Birmingham International Airport and Line was to run from Wolverhampton to Walsall, Wednesbury, Dudley and Brierley Hill.

3.3 Parliamentary powers to build Line 1 were obtained through the Midland Metro Act 1989. This was followed by two further Acts in May 1992 which authorised Line 2 and Line 3. These plans also included an extension of Line 1 from Snow Hill to the Bull Ring in a tunnel with a connection between the two routes underground at Corporation Street / Bull Street.

3.4 The powers were eventually abandoned (because the proposals were unlikely to secure funding) and the WMPTA decided that the expansion of the Metro network should be carried out in an incremental manner. This approach led to the ‘Bite Sized Chunks’ initiative (OP/P1.2/Appendix 3/OBJ11 ). The purpose of this was to identify those parts of the network for which a strong transport and economic case could be made at an early date and that would stand a realistic chance of securing Government funding. The Phase 1 extension proposals were generated from this work.

Identification of Options

3.5 Following analysis of a variety of options, two options were identified for progression by Centro – Option A (Corporation Street, Stephenson Place, Stephenson Street, Pinfold Street, Broad Street and on to Five Ways); and Option B (Queensway via Colmore Circus, Old Square, The Priory, Masshouse Circus, Moor Street and St Martin’s / Smallbrook Queensway, Hill Street, Navigation Street, Broad Street and on to Five Ways).

3.6 At 3.13.3 of the IR it is noted that Option A was taken forward as the preferred option as it offered shorter journey times, better integration with the city centre and New Street station, lower cost, and potential for environmental improvements on Corporation Street. It was also acknowledged that Option A could assist in reducing noise levels and improving public space in Corporation Street by the removal of through traffic.

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3.7 According to IR paragraph 3.13.4, one of the reasons why Option B was not pursued was because the construction scheme would be dependent on major development proposals being implemented with the desired timescale, for example at The Bullring and near Moor Street Station. These were in the planning stage at the time of the decision and were not therefore considered to be certain.

Public Consultation on Options A and B (1998)

3.8 Public consultation on the two options was undertaken in 1998 (IR 3.13.5) and the initial outline business case (‘IOBC’) was submitted to DETR in July 2000. It was approved in December 2000 (IR 3.13.6). The IR notes that approval of the IOBC gave Centro the confidence to develop the scheme to TWA Order application stage.

TWA Order Application (2003)

3.9 The Transport and Works Act Order application, which sought permission for Option A, was dated 14 March 2003.

Public Inquiry (2003-2004)

3.10 The Inquiry into the proposals took place in December 2003 and January 2004 (reference TWA/03/APP/04). The Inspector’s Report was dated 10 May 2004 (CD22 [MMD/5.2] ).

3.11 Some important points from the Inspector’s Report are summarised below.

Objectives of the BCCE

3.12 At paragraph 3.3.1 the IR the objectives of the BCCE were explained. These were:

• to provide a high quality public transport service; • to improve accessibility to and within Birmingham city centre; • to provide an attractive alternative to private car use; and • to support the economic, environmental and social objectives of Birmingham as a world class city.

3.13 The IR continued at paragraph 3.31 by noting that:

“Birmingham is the largest city centre in western Europe without a rail-based rapid transit system, yet the economic success of the city depends on good accessibility to the many retail and commercial services as well as, increasingly, housing. The BCCE would provide a significant improvement in the quality of the city’s public transport services, offering faster journey times and new journey opportunities. The tramway would pass through the main shopping and civic areas, would continue along the entertainment sector of Broad Street, and would terminate at the office complexes of Five Ways and Hagley Road, Edgbaston.”

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3.14 The role of the Metro extension in the city’s regeneration was noted at paragraph 3.3.5 thus:

“The BCCE would support the ongoing regeneration of the city centre, substitute for bus services on some city centre streets such as Corporation Street and, as a fixed track service, complement BCC’s pedestrianisation policies. The fixed track nature of the system would indicate commitment and promote confidence amongst investors and the wider community that an improved transport system was a long term feature. This in turn would promote confidence in local businesses and encourage business vitality.”

3.15 There were objectors to and supporters of the proposed BCCE. Potential regeneration benefits of Metro were also put forward by some of the supporters of the scheme, for example:

• the Birmingham Chamber of Commerce and Industry believed that the extension would be a crucial step towards providing the transport infrastructure needed to match the development and continuing regeneration of Birmingham (IR 4.1.4); and

• the Birmingham Forward Transport Committee (which represented over 250 member firms in the professional, financial and business support services sector) said that future developments would depend upon the ability of employers to gain easy communications for staff and visitors in and out of the main business districts. The Committee said that there were many opportunities around Five Ways which are currently seen as lying outside the city centre but which, facilitated by a better transport link, would ease pressure on development within the city centre and assist in the further dilution of traffic pressure there during rush hours, and that the extension would help secure Birmingham’s position as the United Kingdom’s second city (IR 4.1.8).

3.16 With regard to the alignment of the route it was noted at paragraph 3.11.3 of the IR that:

“When the current UDP [ie the 1993 UDP] was adopted, the West Midlands Joint Committee (WMJC) and the WMPTA were promoting a Midland Metro network based on three strategic routes running across the West Midlands Metropolitan area. Although powers for a line from Five Ways to Birmingham Airport were obtained by local Act, the project was subsequently abandoned due to lack of funding. Similarly, the powers for Central Link, a short underground extension to Line 1 under Birmingham city centre were also abandoned due to lack of funding. This left WMPTA to investigate alternative proposals for extensions to the existing Metro Line 1, which resulted in the BCCE between Snow Hill and Five Ways.”

3.17 The Inspector then remarked at paragraph 3.11.4 that:

“The adopted UDP highlights the need for good accessibility both to and within the city centre by all modes of transport, whilst respecting the environment by seeking to promote “the creation of a more pedestrian-friendly environment…”.

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The BCCE would help to realise these aspirations, because it would result in the removal of a significant amount of through traffic whilst providing improved public transport accessibility.”

3.18 The Inspector noted that the UDP was, at the time of his report, under review and that the draft UDP summarised proposed and possible future extensions to the Metro with the initial element being an extension of Line 1 to serve the heart of the city centre an on to Five Ways / Edgbaston (IR paragraph 3.12.2).

3.19 Concluding his review of policy at paragraph 3.12.5, the Inspector noted that:

“In summary, the BCCE scheme forms part of an overall strategy to improve the quality of the environment, particularly in sensitive parts of the city centre. It would improve public transport services, improve accessibility and enhance the pedestrian environment both in safety and amenity. It would also improve access to important locations across the city centre, including sites where major mixed-use development is proposed. In the Draft Deposit UDP, BCC has sought to build upon the policies towards Midland Metro in the adopted UDP. Although it was necessary to alter these policies to take account of more recent developments in transport policy, there are no fundamental changes to the underlying strategy of general support for a Midland Metro network. The specific proposal that has emerged through the LTP for an extension to the existing Metro Line 1 from Snow Hill to Five Ways receives full support. The BCCE scheme is therefore entirely consistent with the Deposit Draft UDP as well as the adopted UDP.”

3.20 I will review those policies below.

3.21 Paragraph 3.13.1 of the IR records that in determining potential street-running routes, Centro, in conjunction with BCC, considered the following factors:

• engineering feasibility; • planning policy; • cost / benefits; • development proposals; • impacts on pedestrians; • interchange with bus and rail services; and • areas of potential constraint (for example highway geometry, NR [Network Rail] structures, and the need to avoid demolition of properties).

3.22 The IR discusses objections to particular parts of the proposed route; the Victorian Society objected to the stop outside of the Town Hall given the significance of this building, for example. In response to that objection, however, the Inspector considered that “…to dispense with a tram stop outside the Town Hall altogether would be to lose all the benefits of immediate access to that very important part of the city centre…” (IR 6.5.3).

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3.23 In response to another objector which advocated a route along Navigation Street and Suffolk Street Queensway, the Inspector remarked at paragraph 6.6.5 of his report that as part of such a route:

“A tram stop would be situated in Navigation Street and would provide easy access to the Civic Quarter / New Street, the rear of New Street station, The Mailbox and the Chinese / Theatre Quarter. What it would not do, I infer, is to “Improve accessibility to and within Birmingham city centre” by serving the city centre, the Bus Mall, Town Hall, Central Library, Council House and the main business area, as BCC wishes and which is laid down as one of the objectives of the BCCE (para 3.3.1).”

3.24 Under the heading ‘Statement of Matters’, the Inspector drew his conclusions. He noted at 6.12.1 that:

“It seems to me that the need for the BCCE is described in paragraph 3.3.2 and on. Birmingham is the largest local authority in the UK, yet it is the largest city centre in western Europe without a rail-based rapid transit system. The economic success of the city depends on good accessibility to the many retail and commercial services as well as, increasingly, housing. The evidence persuades me that the BCCE would provide a significant improvement in the quality of the city’s public transport services, offering faster journey times and new journey opportunities. The BCCE would provide interchanges at key locations with bus services and connections between the two city centre railway stations of New Street and Snow Hill, allowing visitors who arrive in Birmingham by rail quick and convenient access to destinations such as the Five Ways business district and the ICC.”

3.25 At paragraph 6.12.3, and noting the objectives of the scheme listed at 3.3.1 of his report, the Inspector said that:

“The overall objective is to provide the city centre with a high profile addition to its public transport as part of an integrated and sustainable transport and environmental strategy for Birmingham. BCC considers that the proposed extension would be an important step in creating a new image for Birmingham, and I have no doubt that a scheme of the scope proposed would do that. It would advance the regeneration of the city be reinforcing investors’ decisions to proceed with major developments and refurbishment in the city centre and its environs. I am persuaded that it would produce socio-economic benefits by improving public transport and access to jobs and services, particularly for the deprived communities in the inner city and for the mobility impaired.”

Contemporary Planning Policy

3.26 The Inspector noted that the BCCE scheme accorded with a range of European, national, regional and local transportation and planning policies. The policy and strategy documents that were relevant at the time of the Inspector’s decision are summarised in the IR and are set out in Figure 3.1 .

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Figure 3.1 – Planning Policy at the Time of the 2004 IR

European

The European Commission White Paper: European Transport Policy for 2010: Time to Decide: 2001.

National Government Transport Policy and Objectives

A New Deal for Transport: Better for Everyone: The Government’s White Paper on the Future of Transport Cm 3950, DETR, July 1998.

Transport 2010: The 10 Year Plan. DETR, July 2000.

Our Towns and Cities: the Future. Delivering an Urban Renaissance. Cm 4911, DETR, November 2000.

Planning Policy Guidance Note 13: Transport (PPG13), March 2001.

Regional & Local Government Transport and Planning Policy and Objectives

The Transport Priorities for the West Midlands, May 2002.

West Midlands Regional Planning Guidance Review: Draft Regional Planning Guidance (draft RPG 11), West Midlands Local Government Association, November 2001.

West Midlands Local Transport Plan, 2000 (and 2001 update).

West Midlands Local Transport Plan, 2003. Moving with the Times.

WMPTA / Centro 20-Year Public Transport Strategy, November 1999.

The Birmingham Plan: Birmingham Unitary Development Plan, 1993 (Adopted 6 July 1993).

Birmingham Unitary Development Plan Alterations Second Deposit Changes 2002 (to be read in conjunction with Deposit Alterations 2001)

Regional Planning Guidance for the West Midlands 1998.

Source – 2004 Inspector’s Report

3.27 Ardstone’s objection relates to the alignment of the CSQ and not the principle of the extension. The alignment would not have been dealt with in the European-, national- or regional-level documents mentioned above. Rather, it should have been dealt with in local-level documents.

3.28 At the time of the BCCE Inquiry, the adopted development plan was the July 1993 UDP. A first deposit draft of proposed changes to the 1993 UDP had been published in May 2001 and further proposed changes had been issued in the form of the second deposit draft which was published in January 2002. A public inquiry had been held in 2003, the year before the BCCE Inquiry took place (the alterations were adopted in 2005, after the Order was made).

3.29 I have carefully considered the relevant policies in those documents to identify what local planning policy said about the Metro route, the major developments that those documents envisaged, and the extent to which the BCCE and major developments had been promoted in a joined-up way. I have also looked at the planning policy arguments that Centro put forward to the BCCE Inquiry in its Environmental Statement (‘the ES’), specifically in Section 4.0 of that document (OP/P1.2/4/OBJ11 ).

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Adopted Unitary Development Plan, 1993

Midland Metro & Transport Policies

3.30 A light rail network was envisaged in the 1993 UDP (extracts at OP/P1.2/5/OBJ11 ), the adopted statutory development plan at the time of the Inquiry into the Order.

3.31 At paragraph 6.34 it was noted that the main elements of the network would be:

(a) Birmingham Snow Hill to Wolverhampton; and

(b) Five Ways / City Centre / Birmingham Heartlands / National Exhibition Centre (with underground running in the City centre).

3.32 Other corridors were noted as requiring further study including: City Centre – Kingstanding; City Centre – Weoley; and an extension of route (b) to Quinton and Castle Vale.

3.33 On that basis, the east-west cross-city centre route would not have been an extension from Snow Hill but a separate line. This is evident from the 1993 proposals map, an extract of which is below ( Figure 3.2). It is also evident from that extract that the route would have been underground in the Victoria Square area given that the alignment on the proposals map bisects the Town Hall.

Figure 3.2 – Extract from Adopted 1993 UDP Proposals Map City Centre Inset

Source – Birmingham City Council

3.34 The 1992 Inspector’s Report into the draft plan (extracts at OP/P1.2/6/OBJ11 ), records an objection to ‘light rail transit’ in the city centre from a Mr Baldwin. The reply from the local planning authority, at paragraph 15.19.2 of the Inspector’s Report, stated that:

“The chosen alignments for Metro Lines 1 and 2 have been arrived at over a long period of investigation and their underground sections in the City Centre

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reflect several constraints and opportunities. Among the former are the need to avoid visual intrusion at street level, the dislocation of immediately sub- surface utilities networks and the relative costs of physical construction, bearing in mind the better levels of service enjoyed by public transport which is free from general traffic congestion. Whatever the merits of guided buses and trolleybuses, Metro Lines 1 and 2 are to be routed through the City Centre and are so advanced in their authorisation procedures as to make changes to the UDP policy or proposals inappropriate.”

3.35 In addition to other references, it was stated at paragraph 15.30 of the 1993 adopted UDP that: “Within the City Centre, the Light Rail route from Five Ways to Aston University and Snow Hill to the Bull Ring will be developed underground (T12).”

3.36 The above proposals map extract also shows ‘Principal Pedestrian Corridors’. These include: a primary route along Hill Street; a primary route along New Street; a primary route crossing Victoria Square in a south-west to north-east direction linking into Colmore Row; a primary route running along the eastern side of the Town Hall and up to Chamberlain Square; and a secondary route running along Pinfold Street towards New Street station. These five routes converge in Victoria Square, in the vicinity of Victoria Square House.

Major Developments / Opportunity Areas

3.37 In the 1993 UDP, the ‘core’ of the city centre was considered to be “roughly the area bounded by the Queensway” (paragraph 15.15).

3.38 At paragraph 15.18 it was noted that the development of a light rail network serving the City Centre, linking the various quarters, was seen as a priority to help facilitate the physical expansion of central area activities.

3.39 Of the major developments that have been completed or proposed over the past two decades in the city centre core and to its west, only the Bull Ring is listed as being identified for mixed-use development (Proposal M12 as shown on the map at Figure 3.2 ); Paradise Circus, Arena Central, New Street / Grand Central and The Mailbox – all of which we now know about – are not listed.

3.40 Proposal E20 sought improvements to pedestrian movement from the Worcester Bar / Holliday Street area to John Bright Street and the City Core (written statement paragraph 15.52).

First Deposit Alterations, 2001

3.41 The 2001 First Deposit Alterations were the first stage in the review of 1993 UDP; the emerging document would eventually be adopted in 2005. I look at the adopted document in Section 5.0 but here I set out the considerations that would have been before the Inspector at the BCCE Inquiry in 2003-2004.

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3.42 A copy of the draft proposals map is below ( Figure 3.3) and relevant extracts from the draft are OP/P1.2/7/OBJ11 .

Figure 3.3 – Extract from First Deposit Alterations Proposals Map (2001)

Source – Birmingham City Council

3.43 This shows the then-existing route of Metro and proposed extensions. The precise route(s) of the extension(s) cannot be clearly discerned from the draft proposals map, particularly in the part of the city centre to the east of Corporation Street. Along the rest of the route the thickness of the line and other notations on the map do not assist with legibility either.

3.44 The aspiration to improve pedestrian movement between both sides of the Queensway in the vicinity of John Bright Street ( E60 on the draft proposals map) remains. E58 related to improvements to Victoria Square, a scheme which has been completed.

3.45 Other draft development proposals in the vicinity of the city centre route include:

• to the east of Corporation Street:

• M23 – Snow Hill; • M24 – Martineau Galleries (Phase I under construction); • M29 – Masshouse Area;

• to the south of New Street station:

• M12 – Bullring Shopping Centre and Environs (under construction); • M13 – “Chinatown”, Hurst Street and Environs (several developments completed); • M15 – Hurst Street / Bromsgrove Street and Environs; • M16 – Wholesale Markets, Pershore Street;

• to the west of Suffolk Street Queensway:

• M25 – Former Royal Mail Sorting Office (under construction) (listed as M26) ; • M27 – Former Central TV Studios and Environs; and • M28 – Holliday Street Depot Site (to include a new Register Office).

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3.46 Proposal T45 was for “Metro Line One Extension between Snow Hill, New Street and Five Ways” .

3.47 By the time of the 2001 First Deposit Alterations, it appears that the City Council had acknowledged that the route would be at street level as opposed to underground; whilst the draft does not describe or prescribe the route of the BCCE, street running is inferred at paragraph 15.36 which was proposed to be amended to include the following text:

“The proposed Metro Route will run along Corporation Street, bringing visitors into the heart of the Shopping Centre.”

3.48 The BCCE ES (OP/P1.2/4/OBJ11 ) set out the support that it believed that this draft document lent to the proposed extension to Line 1, noting that it included a number of strategic objectives and general policies that support integrated public transport and the promotion of light rail schemes, highlighting that paragraph 6.17 of the First Deposit Alterations stated that the central purpose of the Draft Transport Strategy was to support the twin objectives of economic revitalisation and urban regeneration. This was not a new aim – it was also at 6.17 of the adopted 1993 UDP.

3.49 With regard to the proposed city centre developments, the ES noted that:

“These developments will help support and enhance the continued success of Birmingham as a Regional Shopping Centre. The Birmingham City Centre Extension scheme will help to provide the public transport links to this high quality retail development in the city centre as stipulated in the First Deposit Draft Plan. Paragraph 15.13 of the First Deposit Changes highlights the need for good accessibility both to and within the city centre, by all modes of transport while respecting the environment. The Birmingham City Centre Extension scheme is consistent with the objectives of the Draft Transport Strategy identified in the Birmingham UDP.

“The Midland Metro will support the Plan’s aim of welcoming and encouraging activity within the City Centre, as specified in paragraph 15.5. Midland Metro would, together with complementary design measures, help to improve the attractiveness and safety of the City Centre environment therefore encouraging City Centre activity and supporting the thriving night-time economy.”

3.50 The ES then noted that at paragraph 15.18 of the First Deposit Alterations that it was envisaged that:

“the development of a light rail network serving the city centre linking the various quarters is seen as a priority to help facilitate the physical expansion of central area activities.”

3.51 The ES continued by stating that:

“The Birmingham City Centre Extension scheme will also facilitate access to the specifically proposed mixed development sites listed as proposals M9 and

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M11 in the first Deposit, in addition to development sites mentioned in paragraphs 15.31, 15.43 and 15.44.

3.52 Those sites were Brindleyplace ( M9 ) and Sheepcote Street ( M11 ); Snow Hill (paragraph 15.31); the Greater Convention Area (paragraph 15.43); and Broad Street (paragraph 15.44). Other developments such as those that I listed above and which are shown on the draft proposals map (eg the Central TV site and The Mailbox) are not discussed.

Second Deposit Changes, 2002

3.53 With regard to the Second Deposit Changes, the ES prepared for the 2005 Order stated that:

“The Birmingham City Centre Extension scheme forms part of an overall strategy to reduce traffic in the city centre. This will improve public transport services, improve accessibility and enhance the pedestrian environment both in terms of safety and amenity. The scheme would therefore be in accordance with the local policies as identified below.

“The Second Deposit Changes place more emphasis on improving public transport interchanges to make public transport more attractive to people both with and without access to a car. It is proposed to provide interchange facilities at Snow Hill Station to permit smooth interchange between light rail, heavy rail and coach services via the proposed St Chad’s Queensway stop.

“Of specific relevance to the scheme, Suggested Change 221/7 alters paragraph 6.34A in the First Deposit changes, so that it now promotes a number of specific schemes, comprising lines to Birmingham Airport, Birmingham City Centre and Great Barr or Kingstanding to Northfield / Longbridge.

“In addition, the alignment will also run close to Birmingham New Street Station, facilitating easy pedestrian access between mainline train services and Midland Metro. The development of the scheme would therefore be fully consistent with this emphasis on integrated transport.”

3.54 Extracts of the second deposit changes are at OP/P1.2/8/OBJ11 . Whilst the ES noted that proposed change 221/7 was of “specific relevance to the scheme” , I cannot see how it was – it was simply noting that further extensions to the system would be investigated in addition to the Snow Hill to Five Ways / Edgbaston extension that was already noted at paragraph 6.34 of the First Deposit Draft.

Concluding Remarks

3.55 Since proposals for the BCCE as an underground railway were first proposed more than fifteen years ago, the city of Birmingham has undergone significant change. Parts of the city centre are likely to continue to change over the coming years, including by

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way of a number of transformational developments which have already been granted planning permission.

3.56 Likewise, the route to be served by an extension of Line 1 has changed, as has the means by which Metro would be extended; powers to tunnel an extension were abandoned in favour of street-running on a different alignment.

3.57 In the next section of my evidence I will describe the Property and the area surrounding Victoria Square House as it is today, including major developments which have been developed or consented since the street-running BCCE was first proposed.

3.58 I will then go on in Section 5.0 to examine the City Council’s current planning policy and strategy to see how it envisages the city centre evolving in the future. This will enable me to assess whether the CSQ is well-aligned with the Council’s land use and regeneration priorities or whether a better balance of benefits and harm could be achieved with an alternative route.

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4.0 THE PROPERTY, THE SURROUNDING AREA & NEARBY DEVELOPMENTS

Victoria Square House

4.1 Victoria Square House is on the southern side of Victoria Square and between Hill Street and Pinfold Street. It is shown outlined in red on Figure 4.1 below.

Figure 4.1 – Location of Victoria Square House

Source – Promap; Not to Scale

4.2 Victoria Square House is an office building which extends to approximately 14,864 sq m (160,000 sq ft) and accommodates in the region of 600 workers at present.

4.3 The main entrance to the Property is on Victoria Square. Within the Property, and accessed from Pinfold Street, is a Post Office.

4.4 It is Grade II-listed (OP/P1.2/1/OBJ11 ) and in the ‘Colmore Row and Environs’ conservation area, a map of which is at CD38 [MMD/9.26] .

The Surrounding Area

4.5 On the north-eastern side of Pinfold Street is a series of ‘town centre uses’ including a hairdresser, retail, and food and drink outlets including licenced premises.

4.6 To the north of Victoria Square House is Victoria Square, a major civic space in the centre of the city and a significant feature of the ‘Colmore Row and Environs’ conservation area. It is the location of a number of events, including Birmingham’s Christmas Frankfurt Market which has operated since 2000 and which, according to Visit Birmingham 1, attracts in the region of three million visitors per annum .

1 http://visitbirmingham.com/media-centre/press-releases/record-numbers-set-to-travel-to-birminghams-christmas- market/ (OP/P1.2/9/OBJ11 ).

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4.7 On the northern side of Victoria Square is the Grade II*-listed Birmingham Council House (OP/P1.2/10/OBJ11 ) which provides office accommodation, committee rooms, the Council chamber and other civic spaces such as a banqueting suite. Not all Council services are provided from the Council House – the City Council occupies a number of other buildings in the city centre as well as across the city, and it delivers a range of frontline services from a network of 15 neighbourhood offices which provide advice on / services relating to benefits, debt, Council Tax and so on.

4.8 On the western side of Victoria Square is the Town Hall, a Grade I-listed concert hall (OP/P1.2/11/OBJ11 ). The operator of the Town Hall, THSH, has advised 2 that the figure for both ticketed and non-ticketed attendances at Town Hall is 140,000 to 160,000 per calendar year (ie just over 3,000 attendances per week on average), albeit the actual number each year will depend on the programme.

4.9 Running east from Victoria Square is New Street, a main east-west axis and part of the city centre pedestrianised retail area.

4.10 To the south-east of Victoria Square House is New Street National Rail station, the north-western entrance to which is approximately 240 metres’ walk away.

The Wider Area

4.11 The map at Figure 4.2 below illustrates the general location of city centre Metro stops. The section of line including stops A to D is under construction. Stops E and F would be delivered if the Order is made.

Figure 4.2 – The Wider Area

Proposed Metro / Tram Stops: A A – St Chad’s / Snow Hill A B – Bull Street C – Corporation Street D – Stephenson Street / New St Station E – Town Hall F – Centenary Square

Major Developments: 1 – Gateway Plus / Grand Central (In Progress) 2 – Mailbox (Refurbishment in Progress) 3 – Paradise Circus (Approved) 4 – Arena Central / Central TV (Approved) B 5 – Colemore Row (Approved)

5

C 3 E F D 4

A 1

2 A

Map Source – Promap; Not to Scale; All Locations Indicative

2 A direct enquiry by email was made by Montagu Evans to THSH to obtain this information in October 2014.

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4.12 The map at Figure 4.2 also shows major developments. These are summarised as follows:

1. Gateway Plus / Grand Central This project is ongoing and involves the regeneration of New Street National Rail station and the Pallasades Shopping Centre, both of which date from 1967. The project is expected to be completed in 2015. As part of the major improvements to the station, a new pedestrian entrance to the station has been created close to the junction of Navigation Street with Stephenson Street.

Above the improved station will be a shopping centre with approximately 40 shops including a large John Lewis department store and 20 restaurants.

Proposals for the redevelopment of New Street station were unveiled in 2006 (application C/05066/06/OUT) but the scheme which is now being implemented is a subsequent re-design (outline planning permission 2009/03086/PA and associated reserved matters 2009/05720/PA, approved on 8 February 2010).

2. The Mailbox Planning permission (1998/02666/PA) was granted on 18 March 2000 for: “Change of use, alteration and extension of former Royal Mail Sorting Office, Royal Mail Street and erection of new buildings on the land fronting Commercial Street to provide a mixed-use scheme including residential, leisure, retail, office, hotel and car parking including construction of new bridge and canal basin together with alteration to Holliday Passage” .

The Mailbox opened in 2000 and, at that time, comprised two hotels with a total of 300 rooms, 15,850 sq m (170,000 sq ft) of office space, 9,290 sq m (100,000 sq ft) of retail space and a similar area for restaurants and a health club. Crosby Homes constructed apartments above the commercial space.

In 2004 BBC Midlands moved from Pebble Mill to The Mailbox.

The next stage of The Mailbox, known as ‘The Cube’, was completed around 2010 / 2011 and comprises a 25-storey mixed-use development of 135 flats, 10,259 sq m (111,500 sq ft) of offices, shops, a hotel and a ‘skyline’ restaurant.

In May 2013 it was announced that The Mailbox would undergo major renovation; the anchor store, Harvey Nichols, would double in size to 4,181 sq m (45,000 sq ft) and that there would be works to the area of public realm beneath Suffolk Street Queensway to complement the redevelopment of New Street station.

At present the public realm is a combination of utilitarian surfaces, signage and other devices (such as coloured lines in the pavement) to guide people from the New Street station area towards The Mailbox given that even from relatively close quarters visibility of The Mailbox is poor, as illustrated on the photographs below.

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Photograph 4.1 – Looking West from Northern Side of Navigation St / Hill St Junction

Photograph 4.2 – Looking West from Northern Side of Navigation St / Hill St Junction

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Photograph 4.3 – Pavement-based Wayfinding on Navigation Street

Photograph 4.4 – View of The Mailbox from Navigation Street / Queensway Junction

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It has subsequently announced that the scheme would also include a 1,115 sq m (12,000 sq ft) three-screen cinema. The redeveloped centre is expected to be completed in 2015 (see news release at OP/P1.2/12/OBJ11 ).

Based on HCA employment densities I estimate that The Mailbox provides, say, some 2,200 full-time jobs (see Table 4.1 ). In addition there are almost approximately 1,150 jobs in the adjacent Axis building (Atkins’ offices).

Table 4.1 – Estimate of Number of Mailbox Full-time Employees by Use

Use Amount (NIA) 3 Employee Density 4 FTE Office (B1) 13,424 sq m 1 FTE for every 12 sq m 1,118 Retail (A1) 9,871 sq m 1 FTE for every 19 sq m 520 Restaurants (A3) 7,896 sq m 1 FTE for every 18 sq m 439 Hotel (C1) 300 beds 1 FTE for every two rooms 150 Total 2,227

I have contacted the management of The Mailbox and they have been unable to provide visitor numbers. Given the presence of shops, restaurants, three hotels and other facilities such as the BBC, I would expect visitor numbers to be not insignificant and I would expect them to increase once the remodelling is complete and larger and new facilities are created (indeed, the retail facilities at The Mailbox are recognised as a key feature of the city centre retail core as I will discuss in Section 5.0 of my evidence).

3. Paradise Circus Paradise Circus is being redeveloped as part of a joint venture company established in September 2013 between Birmingham City Council and British Telecom Pension Scheme, and managed by Hermes Real Estate Investment Management Limited. The development has in part been facilitated by the opening of the new City of Birmingham Library on Centenary Square meaning that the site of former library can be redeveloped.

The development will comprise up to 170,012 sq m of offices, shops, leisure, cultural and civic amenities as well as a new 250-bed hotel in up to ten new buildings. The first phase of the scheme will include reconfiguration of the Paradise Circus gyratory, substantial new public realm and two new office buildings providing over 23,226 sq m (250,000 sq ft) of Grade A office space. Phase One is expected to be completed in 2017 / 2018.

Improvements to pedestrian connectivity are an important part of the proposal. The scheme website 5 illustrates existing difficulties with west-to-east pedestrian connectivity (see Figure 4.3 below). At present, for example, the only direct pedestrian routes from the south-western corner of Victoria Square to Broad Street

3 Floorspace figures provided by Birmingham Mailbox Management Limited. 4 Drivers Jonas Deloitte, 2010. Homes and Communities Agency Employment Density Guide 2nd Edition. Table of Employment Densities, p6 (OP/P1.2/13/OBJ11 ). 5 http://www.paradisecircus.co.uk/connectivity/ .

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are via Fletcher Walk and a pedestrian underpass under Queensway, a very unattractive route, or a pedestrian route through the former Central Library.

The website then illustrates how connectivity will be improved following implementation of the Paradise Circus scheme, including the creation of a traffic- free pedestrian axis connecting Centenary Square, Chamberlain Square and Victoria Square and an at-grade crossing of Queensway (see Figure 4.4 below).

Figure 4.3 – Connectivity Before Paradise Circus Development

Source - http://www.paradisecircus.co.uk/connectivity/

Figure 4.4 – Connectivity After Paradise Circus Development

Source - http://www.paradisecircus.co.uk/connectivity/

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Photographs showing the existing routes are below.

Photograph 4.5 – Access to Easy Row Subway, to the East of Alpha Tower

Photograph 4.6 – Route Under the Queensway

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Photograph 4.7 – Fletcher’s Walk Arcade – Sign notes that this is not a public right of way

Photograph 4.8 – Eastern Access / Egress Point, Near Town Hall

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Photograph 4.9 – Access to Route Through Old Library from Centenary Square

Photograph 4.10 – Route Through Old Library

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The proposed Paradise Circus development (2012/05116/PA) is expected to provide a net increase of in the region of 8,800 full time jobs.6

4. Arena Central Arena Central is a 3.72 hectare (9.2 acre) site directly adjacent to Centenary Square and Suffolk Street Queensway and within the Enterprise Zone. Outline planning permission is already in place for up to 213,675 sq m (2.3 million sq ft) of floorspace including up to 79,896 sq m (860,000 sq ft) of Grade A office accommodation, over 18,851 sq m (200,000 sq ft) of residential, up to 2,500 car parking spaces and up to 1.2 million sq ft of retail / leisure units. The first phase, on the site of the former ATV / Central Television studios, will include an eight- storey office block, shops and an underground car park and is expected to be completed in 2016. The former ATV office block, Alpha Tower, which was listed at Grade II on 31 July 2014, is proposed to be retained.

The Arena Central and V-Building development (2010/06462/PA and 2007/03635/PA) will provide approximately 5,300 full time jobs on site. 7

5. 103 Colmore Row 103 Colmore Row, formerly National Westminster House, is a 23-storey building which was completed in 1976. Planning permission was sought in 2008 for: “Demolition of office building & redevelopment to provide 35-storey office building with ground floor retail (class A1), financial & professional services (class A2) and restaurant/cafe (class A3) uses” . The scheme, which was granted planning permission in September 2008 (2008/02353/PA), is expected to provide in the region of 1,800 full-time jobs. 8

Photograph 4.11 – The Existing 103 Colmore Row

6 Drivers Jonas Deloitte, July 2012. Paradise Circus Birmingham, Environmental Statement Volume 1, Table 8.10 Gross Local Direct Employment Effect. p137 (OP/P1.2/14/OBJ11 ). 7 Ibid. Table 8.13 Direct employment effect of Development and committed developments p140. 8 Ibid. p141.

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Other Developments / Proposed Developments of Note

4.13 There are two other proposals of note which I will refer to later in my evidence.

The Bullring

4.14 The Bullring opened in September 2003 and has seen around 38 million visitors each year since then ( OP/P1.2/15/OBJ11 ). Selfridges has recently announced a £20 million investment in its landmark store ( OP/P1.2/16/OBJ11 ).

Martineau Galleries

4.15 In the mid-2000s, it was envisaged that the Priory Square precinct would be redeveloped by the Birmingham Alliance as part of the Martineau Galleries project. It would have included some 60,000 sq m of retail space.

4.16 On page 18 of the 2014 Draft City Centre Retail Strategy ( OP/P1.2/17/OBJ11 ), however, it is noted that:

“HS2’s arrival at Eastside will create a new focal point in the Martineau Galleries area as the key link between Eastside and the Colmore Business District. This area, which comprises The Square and the surrounding blocks, sits within the Retail Core and has long been seen as a location for major retail development as part of the Martineau Galleries scheme. In light of the changes in the centre’ s retail landscape and with HS2 on its doorstep, the Martineau Galleries site has the opportunity to become more focussed on office and residential orientated schemes.”

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5.0 CURRENT POLICY & STRATEGIES

5.1 With a view to analysing whether the route of the CSQ is still the most appropriate, I will examine the City Council’s aspirations for the future as set out in its current statutory development plan and related documents. These documents are, of course, material considerations in the determination of the Order application which is the subject of this inquiry.

Adopted and Emerging Development Plan Policy

Adopted – The Birmingham Unitary Development Plan 2005

5.2 The adopted development plan currently comprises the saved policies (as at September 2008) of the 2005 alterations to the 1993 UDP, extracts of which are at CD26 [MMD/7.5] .

Major Developments / Opportunity Areas

5.3 Paragraph 15.4 of that document envisages fundamental change to the nature of the city centre, noting that the construction of the International Convention Centre (‘ICC’), the National Indoor Arena (‘NIA’) and new visitor facilities, together with the adjacent associated complementary developments, has provided major attractions for both existing residents of the city and visitors alike. It goes on to note that the proposed redevelopment of the Bull Ring Shopping Centre, Martineau Galleries and the continued growth in office and service sector employment as well as new residential accommodation will create a very different pattern of activity in the city centre. Figure 15.1 of the 2005 UDP (reproduced below, Figure 5.1 ) illustrates the principal areas of development potential, shown as ‘major development areas’ and shaded dark grey.

5.4 The diagram does not illustrate the extent of the ‘city centre’ or the ‘city core’ but it implies that it is the area within the Queensway given that a number of arrows straddling the Queensway illustrate the desire for ‘improved integration with city centre core’. One such arrow appears to cross Suffolk Street Queensway, somewhere in the vicinity of Navigation Street.

5.5 Paragraph 15.23 of the 2005 UDP does, however, note that the ‘city centre core’ lies within the area bounded by Queensway and that it contains the bulk of the regional, business and shopping centres.

5.6 The diagram shows two major development areas to the west of the city centre core – Brindleyplace / ICC and the Central TV area (now Arena Central). An illustrative route for Metro is shown traversing the city centre from Snow Hill to Broad Street which it then follows towards Five Ways.

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Figure 5.1 – Figure 15.1 of the 2005 Alterations to the 1993 UDP

Source – Birmingham City Council

5.7 Paragraph 15.6 of the 2005 UDP notes that the supply of vacant land available for immediate new development in the city centre is severely limited and that the emphasis of future development opportunities would therefore include the extension of central area functions over a wider area – up to and including land adjacent to the Ring Road (the Middleway).

5.8 It is evident from the 2005 UDP – which is based on a document that was first adopted in 1993 and altered between circa 2001 and 2005 – that one of the major developments of the past 20 years – The Mailbox – did not issue from a site allocation / UDP proposal; the only references to it are reports that it was under construction. Furthermore, there is little reference to Paradise Circus; apart from reference to the lowering of Queensway

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at Paradise Circus, the only reference is to a development brief which was added to the 2005 version of the UDP.

5.9 The development potential of the area to the west of the city core is described at paragraph 15.49 thus:

“The canal network represents the principal heritage attraction of the Greater Convention Centre area. Gas Street Basin is an attractive location for domestic scale offices, residential and leisure/tourism activities. For example, the former Royal Mail Sorting Office (Mailbox) is currently being refurbished for mixed uses, including residential, offices, hotels, specialist retailing and restaurants (M26). There are two other sites in this area which are proposed for major mixed use developments: the former Central TV Studios and environs (M27) and the Holliday Street Depot Site (M28). Suitable uses for these sites include offices, other commercial uses, leisure, specialist retailing, hotels and housing. Both sites will contribute towards ‘City Living’ and will include a substantial element of residential development. The development of these sites will also address the need for improvements to the adjacent canals, provision of the Millennium Cycle Route, and improvements to the pedestrian linkages with the City Centre Core. The development of the Holliday Street Depot site will also provide a replacement Register Office.”

5.10 The distribution of those sites is illustrated on the proposals map, an extract of which is below ( Figure 5.2 ).

Figure 5.2 – Extract from UDP Proposals Map (2005, as amended)

Source – Birmingham City Council

5.11 That extract also shows other proposals such as:

• M13 – “Chinatown”, Hurst Street and Environs – where several developments have been completed but further developments building on the unique character of Birmingham’s China Town are encouraged;

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• M15 – Hurst Street / Bromsgrove Street and Environs – where mixed uses which build on leisure / tourism and arts are encouraged; and

• E60 – Holloway Head / John Bright Street – where improvements to pedestrian movement from Worcester Bar / Holliday Street area to John Bright Street and the City Core are desired.

Midland Metro

5.12 Whilst the written statement of UDP does not set out a precise route for the BCCE, it does set out a number of principles for the expansion of the Midland Metro.

5.13 At paragraph 6.33 it notes that Midland Metro would further the city’s strategy for economic and urban regeneration and at paragraph 6.34 it is noted that Line One has been conceived as part of a network providing high volume public transport services along certain routes where the main demand is during the morning peak period.

5.14 Added as an alteration in 2005, it is also noted at paragraph 6.34 that: “The City Council will commission a feasibility study into tunnelling options for the City Centre”. This addition followed a report to BCC’s Cabinet on 20 September 2004 (OP/P1.2/18/OBJ11 ) which discussed tunnelling underneath the city centre.

5.15 Deleted from the UDP were proposals for routes across the city centre as follows:

• Five Ways / City Centre / Birmingham Heartlands / National Exhibition Centre (with underground running in the city centre); and

• City Centre Link – Birmingham Snow Hill to Bull Ring underground.

5.16 In their place the UDP (paragraph 6.34A) noted that three corridors identified in the West Midlands Local Transport Plan 2000: Annual Progress Report 2001 would be subject of further investigations. That same paragraph also noted that:

“Additional routes may be brought forward through Local Transport Plans during the lifetime of this Plan. The details of any future routes will be subject to separate public consultation, in accordance with the Transport and Works Act.”

5.17 At paragraph 6.36, the 2005 UDP states that:

“As details of light rail / light rapid transit proposals are brought forward, the City Council will seek to ensure that:

(a) Large scale demolition is not involved other than where there is a clear planning gain to the wider community.

(b) Street running is provided where appropriate to help provide improved penetration of the light rail / light rapid transit system in key areas. This may include existing or new pedestrian areas. Appropriate mitigation

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measures will be taken where possible, to alleviate any adverse environmental impacts, particularly in sensitive areas.

(c) When necessary land required for light rail / light rapid transit will be protected from other development.

(d) Compatible development adjacent to light rail / light rapid transit routes will be supported and that in appropriate circumstances, developers will be encouraged to contribute to the cost of light rail / light rapid transit construction.

(e) Appropriate environmental impact statements are prepared to accompany them.

5.18 At paragraph 12.15, the 2005 UDP then notes that proposed major improvements to access, which include Metro Line 1, will also facilitate the regeneration of the area.

Emerging – The Draft Birmingham Development Plan (2014)

5.19 When adopted, the Birmingham Development Plan (‘BDP’) will set out the statutory framework to guide decisions on development and regeneration in Birmingham up to 2031. The identification of issues and options for what was then intended to be a draft Core Strategy began in February 2007. Issues and Options were then progressed in 2008-2009 and a draft of the Core Strategy was consulted on in early 2011.

5.20 Following the revocation of the regional spatial strategy and the publication of the NPPF in March 2012 (CD34 [MMD/9.1] ), a further round of consultation was undertaken in November 2012. A pre-submission version of the plan was approved for consultation in December 2013 and consultation took place between January and March 2014. The draft BDP (CD36 [MMD/9.21B] ) was submitted to the Secretary of State for examination on 1 July 2014.

5.21 The draft BDP policies map, an extract of which is Figure 5.3, shows inter alia the BCCE as a line of pink triangles. It also shows a number of ‘Mixed Use Allocations’ (areas shaded brown, representing strategic locations of growth in the city centre) and the City Centre Retail Core (thick blue boundary which includes The Mailbox area to the west of Suffolk Street Queensway and which then continues east along Navigation Street).

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Figure 5.3 – 2014 Submission Draft Policies Map Extract

Source – Birmingham City Council

5.22 The draft BDP notes at paragraph 1.11 that:

“The Big City Plan, launched in September 2010, sits alongside the BDP as a non-statutory document that sets out a vision and framework for how the City Centre will be transformed and the key proposals are reflected in the BDP.”

5.23 I will look at the provisions of the Big City Plan (‘BCP’) later in this section of my proof of evidence.

Major Developments / Opportunity Areas

5.24 At paragraph 2.10 the draft BDP notes that the city centre attracts people to the city with a number of visitor destinations including the Library of Birmingham, the Bullring shopping centre, The Mailbox, the International Convention Centre and Symphony Hall and the National Indoor Arena.

5.25 Paragraph 3.20 then says that the city centre will continue to be strengthened as a centre for financial and business services, and as a destination for shopping, business tourism and major cultural events with world class conference facilities and venues. It says that five areas of transformation will deliver the growth to strengthen the role of the City Centre with new high-quality buildings and public spaces, creating new vibrant destinations.

5.26 Proposed Policy GA1.2 (Growth and Areas of Transformation ) of the BDP describes the five strategic locations, noting that in order for the city centre to maintain and develop its position as a top visitor destination and driver of the city’s economy, significant new levels of growth will be accommodated. The proposed policy says that the city centre has potential to accommodate in the region of 12,800 new homes, 700,000 sq m of office floorspace and 160,000 sq m of retail floorspace.

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5.27 The five strategic locations are described thus:

• Eastside – the ongoing regeneration of this area will enable the city centre Core to expand eastwards and will require well designed mixed use developments including office, technology, residential, learning and leisure. Any proposals for a HS2 station will need to be integrated into the area creating a world class arrival experience with enhanced connectivity to surrounding areas including Digbeth and the city centre core;

• Southern Gateway – this area will be the focus for the expansion of the city centre core southwards through the comprehensive redevelopment of the wholesale markets site delivering a vibrant new destination for the city. Development will be supported that diversifies the city’s offer as a retail and leisure destination including niche retail, improved markets, food and leisure space. Residential development will be supported as part of the future mix of uses with opportunities to stimulate the regeneration of the wider area. The redevelopment will require high quality public spaces and routes to be incorporated with a new public event space creating a centre piece for the area. Integral to creating a new destination will be the creation of exemplar development in terms of its architecture and sustainability credentials, the reinterpretation of the historic moat and manor house, the creation of a gateway to the Digbeth creative quarter and space for a new cultural facility. Development across the wider Southern Gateway will need to address the management of water and flood risk, be supported by a range of infrastructure and services, employment opportunities and public spaces and improve connections to Highgate;

• New Street Southside – acting as the catalyst for the wider regeneration of the city centre the redeveloped New Street Station, opening in 2015, will transform the arrival experience and create new linkages. Selective redevelopment of areas around the station will be encouraged;

• Westside – commercial-led mixed-use developments will be supported in this area including the redevelopment of the Paradise Circus and Arena Central sites. The redevelopment of the Paradise Circus site will require new public spaces, improved pedestrian connections including to the Jewellery Quarter, active frontages, restoration of key views and the enhancement to the setting of listed buildings. The extension of the metro line and other improvements to connectivity within the area will be supported. The redesign of Centenary Square will need to provide improved public transport accessibility and significantly enhanced pedestrian environment alongside a useable event space; and

• The Snow Hill District – the eastern expansion of the central office core around Snow Hill station will be supported through key office and mixed use developments. Connected routes and incidental spaces throughout the district will be promoted to provide a public realm that will encourage new business activity. In particular enhanced pedestrian linkages across Great Charles Street, St Chad’s Queensway and Lancaster Circus will be central to a transformed pedestrian environment and connections from the city centre core into the surrounding areas supported.

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5.28 In explaining its proposed approach, the supporting text notes at paragraphs 5.18 to 5.23 that:

“The City Centre has long been central to the economic success of the City. Since the late 1980s the City Centre has established itself as one of the UK’s top centres for professional, financial and business services and as a major visitor destination.

“In the latter part of the 20th century the City Centre was constrained by the Inner Ring Road which was both a physical and psychological barrier to the expansion of the City Centre Core. Much has been done to allow the core to grow beyond this, for instance the lowering of the Inner Ring Road at Paradise Circus facilitating the ICC, Symphony Hall and Brindleyplace; and to the east by the removal of Masshouse Circus linking Eastside to the core.

“Continuing the process of transforming the City Centre, building upon the gains since the 1980s, the future focus will be upon extending and connecting the City Centre Core further beyond its existing boundaries whilst diversifying its activities and supporting economic growth.

“In September 2010 the City Council launched its Big City Plan which sets out the vision for the future transformation of the City Centre over a 20 year period. It identifies the opportunities available in the City Centre and the actions that would need to be taken to deliver long term economic growth and secure a competitive and successful centre for the future. In order to achieve the ambitions and support Birmingham’s growth agenda the principles and proposals of the Big City Plan are reflected in the BDP.

“Central area functions have already stretched west with the development of Brindleyplace, but there are other sites in the vicinity such as Paradise Circus and Arena Central that will provide development potential to transform and integrate Westside. The Eastside area, land around Snow Hill Station and the wholesale market site, all present significant potential to accommodate a range of uses and densities of development expanding the core and diversifying the overall offer. The prospect of the proposed HS2 rail link to the heart of the City will bring a new level of opportunity and investment enhancing Birmingham’s role as an international City.” (my emphasis)

5.29 Plan 5 (reproduced below, Figure 5.4) then illustrates development sites alongside ‘wider areas of change’ which correspond with the mixed-use areas / strategic locations illustrated on the policies map. It also illustrates the proposed Midland Metro extension as far as Centenary Square.

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Figure 5.4 – Plan 5 from the Draft Birmingham Development Plan

Source – Birmingham City Council

Retail Core

5.30 Alongside the BCP, the City Council has published a draft Retail Strategy which I will review later in this section.

5.31 As for retail strategy in the draft BDP, proposed Policy GA1.1 (Role and Function ) notes that the retail core, as defined on the Policies Map, will continue to be focused around The Bullring, New Street, Corporation Street, The Mailbox and Grand Central and on improvements to the quality of the environment and the shopping experience within this area. It is also noted that the role of the city centre as a major hub for financial, professional and business services will continue to be supported and that the primary focus for additional office development will be within and around the City Centre Core including Snow Hill and Westside with Brindleyplace, Eastside, along Broad Street and around Five Ways providing further foci for these uses.

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Midland Metro

5.32 Proposed Policy TP40 (Public Transport ) of the draft plan says that:

“The development and extension of metro / bus rapid transit to facilitate improvement / enhancement in the public transport offer on key corridors and to facilitate access to development and employment will be supported.

“In particular support for: • An extension of the Midland Metro Tram network from New St to Centenary Square. • Bus Rapid Transit routes from the City Centre along the Walsall Road and Hagley Road. • A rapid transit link between the City Centre and Birmingham Airport and the proposed HS2 interchange in Solihull.”

5.33 Paragraph 9.31 of the supporting text of the draft BDP then states that:

“The City’s Metro line between Snow Hill station and Wolverhampton is currently being extended to New Street Station. To augment existing local bus and Metro services on certain key corridors, options are being considered for the route connecting Birmingham City Centre and Birmingham Airport which would serve major growth, development and regeneration sites in the City Centre, Meadway, Bordesley Park, Birmingham Business Park and the NEC, before connecting to Birmingham Airport. The system would also serve HS2 stations. Consideration is also being given to the introduction of alternative rapid transit systems including bus rapid transit.”

Council Strategies

The Big City Plan (September 2010)

5.34 The draft BDP says that the Council’s Big City Plan (‘BCP’; CD37 [MMD/09.22] ) is a non-statutory document that sets out a vision and framework for how the City Centre will be transformed and the key proposals reflect those in the emerging BDP; it is referred to as the ‘City Centre Masterplan’ on its front cover.

5.35 I consider that the BCP can be given weight in making planning decisions given that it is clearly intended to align with the statutory BDP, in effect providing more details on how the City Council wants BDP policies to shape the city centre. It is clearly a material consideration in relation to the route of the Metro given that, as noted at paragraph 19 of Centro’s November 2011 Business Case 9:

“Midland Metro to New Street forms an integral part of the aims and objectives of Birmingham City Council’s Big City Plan ‘Birmingham City Centre Vision for Movement’ by supporting the economic growth and development aspirations that it sets out.”

9 https://www.centro.org.uk/media/209806/Midland-Metro-MSBC-November-2011.pdf (OP/P1.2/19/OBJ11 )

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5.36 The website for the BCP 10 says that as both a physical regeneration tool and strategic planning document the Big City Plan delivers a framework that provides inter alia :

• a spatial strategy for growing the City Core by over 25% through five Areas of Transformation;

• a strategy for movement setting out how connections will be enhanced including public transport;

• a focus for the important role of heritage in future regeneration and development; and

• principles for the integration of both sustainable development and addressing the impact of climate change as part of the future transformation of the city centre.

5.37 On pages 4 and 5 of the BCP (CD37 [MMD/09.22] ) is a diagram showing ‘key city centre destinations’. Those which are shown in the vicinity of Victoria Square House are: (1) New Street station; (2) the Town Hall; and (12) The Mailbox. This diagram is reproduced below ( Figure 5.5).

Figure 5.5 – Diagram Showing Key Destinations from the BCP

Source – Birmingham City Council

10 http://bigcityplan.birmingham.gov.uk/big-city-plan/

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5.38 Page 12 of the document sets out five ‘areas of transformation’. One of these is ‘Westside’, in relation to which it is noted that:

“The redevelopment of Paradise Circus, Baskerville Wharf and Arena Central provides significant new mixed-use office-led floorspace. Centenary Square, to be expanded across Broad Street, the new Library of Birmingham and the enhanced setting of the Town Hall and Council House will provide key focal points for the area.”

5.39 The area around the Council House is discussed further on page 16 where it is stated that:

“The civic heart of Birmingham is focused on the Town Hall, the Council House, the Birmingham Museum and Art Gallery, Victoria and Chamberlain Squares. Through the redevelopment of Paradise Circus we will see a strengthening of the civic heart, creating a world-class setting for key heritage buildings.”

5.40 Further detail about the role of Victoria Square is set out on page 35 of the BCP thus:

“Victoria Square, to the west of the Cathedral, is the centrepiece of the civic heart and is overlooked by the impressive Council House and Town Hall. The pedestrianised square, together with the adjoining Chamberlain Square, forms one end of the primary walking route along New Street to the Bullring and hosts markets and events throughout the year.”

5.41 On pages 36 and 37, the masterplan for the city core is illustrated – this is reproduced below ( Figure 5.6). This shows ‘blocks within major transformation areas’ in orange.

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Figure 5.6 – City Core Masterplan from BCP

Source – Birmingham City Council

5.42 On page 68 of the BCP, improvements to connectivity, which will help the city centre expanding, are noted thus:

“The bridging of Paradise Circus Queensway in the 1990s created a high quality pedestrian link between Centenary Square and the City Core. Despite this, the former Inner Ring Road still presents a significant barrier between Westside and the adjacent quarters, limiting the potential for expansion of City Core activities into the quarter and movement of pedestrians between the areas. In order to support Westside’s existing functions and to encourage further growth and investment, improvements will be made to connectivity with the City Core, Southside and the Jewellery Quarter. These will be delivered as part of key developments at Paradise Circus, the New Street Station (Gateway Project), and the Bristol Street site in Southside.”

5.43 Paradise Circus is then discussed again on pages 71 and 72 of the BCP along with Arena Central:

“The Paradise Circus development presents a valuable opportunity to address connections within this part of the city centre, restoring key views and

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connections between the civic heart and Westside and delivering major development opportunities including the expansion of the Central Business District. This project will link in with the improvements to Centenary Square, and the Arena Central and Baskerville Wharf projects to transform the interface between Westside and the City Core.”

“The redevelopment of Paradise Circus will allow the introduction of new public spaces, and critically restore key views which will enhance legibility and draw visitors along the main pedestrian routes. The Town Hall will be the focus for significantly improved public realm, with traffic removed and Chamberlain Square extended.

“Arena Central will take advantage of the extended Centenary Square by encouraging active street level uses, and provide a new public square within the development with a direct route to The Mailbox and Cube canalside development.”

5.44 The role of Metro in delivering BCP aims – in particular supporting development and creating jobs – is reflected elsewhere, for example in the Project Development Document put to Birmingham City Council’s Cabinet for decision in October 2013. In justifying the expenditure on Metro, ‘complementary’ highways works to Queensway and contemporaneous refurbishment of Centenary Square, Appendix A of the Cabinet paper ( OP/P1.2/2/OB J11 ) noted that:

“This project reflects the aspirations set out in the Big City Plan and will support the delivery of the Enterprise Zone providing infrastructure to support the development of sites and creation of jobs within the zone and further improving economic output through investment in high quality public realm. It will also support future development within the Enterprise zone particularly at Arena Central and Paradise Circus as well as connecting transport links to the existing business and cultural offers within Broad Street / Brindley Place.”

Draft Retail Strategy (2014)

5.45 Birmingham City Council’s draft retail strategy (OP/P1.2/16/OB J11 ) was published in 2014 with consultation taking place during September and October 2014. It aims to capitalise on a range of investments currently taking place to strengthen the city centre as the destination of choice for visitors and shoppers 11 and it forms part of the suite of documents prepared in conjunction with the BCP.

5.46 The retail context is illustrated on a map (Plan 2 on page 19 of the drat Retail Strategy, reproduced below at Figure 5.7) which shows current developments (such as The Mailbox, Arena Central and Grand Central) and the route of the BCCE through to Broad Street.

11 http://bigcityplan.birmingham.gov.uk/city-centre-retail-strategy/

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Figure 5.7 – Plan 2 from the 2014 Draft Retail Strategy

Source – Birmingham City Council

5.47 On page 37 of the draft Retail Strategy it is noted that Grand Central (formerly The Pallasades), John Lewis, Bullring and The Mailbox sit at the heart of the Retail Core. It says that Bullring and The Mailbox have been at the centre of Birmingham’s success in establishing itself as one of the top shopping destinations in the country.

5.48 It goes on to say that through investments in Bullring, The Mailbox, Grand Central and John Lewis, Birmingham will continue to transform its retail offer and visitor experience to create a successful and vibrant centre and that together these developments provide a strong focus for the Retail Core and reinforcing Birmingham’s position as a top retail destination.

5.49 The draft Retail Strategy says that these successes will be built upon to ensure the ongoing vibrancy of the City Centre and that this will be achieved through the delivery of strong connections between Grand Central, John Lewis, Bullring and The Mailbox and the wider Retail Core. To achieve this, it is said that the link between New Street and The Mailbox will be strengthened and clearly signposted to draw visitors to the area and that high-quality paving, wall treatments, street furniture and lighting will be used to create an outstanding arrival experience.

5.50 The draft Retail Strategy goes on to say that enhanced public realm and pedestrian links across the Smallbrook and Suffolk Street Queensways will allow shoppers to move easily between the station, John Lewis and Grand Central, The Mailbox and the leisure and cultural attractions of Southside, such as the Hippodrome, Arcadian,

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Chinese Quarter and Gay Village. Public realm improvements and the creation of a vibrant leisure offer will be essential to creating links between this area, the Retail Core and Southside, encouraging the flow of shoppers and visitors between them.

West Midlands Local Transport Plan 3 2011-2016 (2011)

5.51 It is noted on page 13 of the appendices to Local Transport Plan 3 (‘LTP3’; CD27 [MMD/7.8] ) that:

“The linkages between land use, spatial planning, regeneration and transport are well established, with a clear imperative to ensure an integrated and co- ordinated approach across both space and time, based on a common understanding of the issues and the evidence.

“An overall Policy is required to ensure that the priorities for regeneration and land use planning within the Metropolitan Area, both inform the development of our transportation policies and, in turn, is informed by them. Transport interventions can be the catalyst to unlock investment and regeneration and in doing so make a major contribution to bridging the area’s output gap and make a positive contribution towards the creation of sustainable settlements. Sensible land use planning, integrated with the appropriate transport solutions can play a major role in reducing carbon emissions and mitigating the effects of climate change.

“Reducing the need to travel, reducing the length of journeys and promoting the most sustainable modes of travel has a major beneficial effect on the quality of life and the promotion of well-being amongst communities.”

5.52 Page 182 of that same document describes progress since LTP2 which includes securing the extension of Metro to New Street Station.

5.53 On page 185 of LTP3, policy relating to the expansion of rapid transit network is set out. Policy RR4 (Expanding the Rapid Transit Network ) advocates expansion of the rapid transit network with an appropriate form of rapid transit for each individual corridor in the network.

5.54 It is explained that rapid transit:

“…provides the missing strategic connectivity required to support economic, population and housing growth across the metropolitan area. The Rapid Transit corridors identified in the Rail & Rapid Transit Network are all high volume corridors, which cannot otherwise be served by rail services. Rapid Transit schemes require long term planning to identify, develop, fund and deliver schemes as well as ensuring that Rapid Transit routes are embedded into the land use planning process.”

5.55 Policy RR6 then sets out provisions for ‘Birmingham City Centre Accessibility’, aiming to identify rapid transit alignments and develop interim rapid transit to improve access in and around Birmingham city centre.

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5.56 It is noted that:

“The Rail and Rapid Transit Network map shows Birmingham city centre as the focal point of the majority of rapid transit corridors, reflecting Birmingham’s role as world city for employment, leisure, retail and educational related journeys along high volume corridors. This provides two challenges that need to be addressed during LTP3:

i City Centre Alignments Birmingham City Centre is a relatively compact centre, which needs to provide appropriate access for private, public and freight related journeys as well as for walking and cycling. As highway space is limited, it important to develop a coherent approach to identifying priority measures or highway allocation for Rapid Transit which is complementary to other highway user requirements.

ii Cross City Rapid Transit Rapid Transit development and delivery is a longer-term process. During this period there is growing demand, especially from the business community, for interim cross city rapid transit to provide the level of accessibility across Birmingham City Centre that would be derived as a consequence of a expanded rapid transit network. However, in order to ensure value for money, proposals should provide infrastructure that can be adapted for use by the proposed rapid transit network routes. Therefore, in order to meet these complementary challenges, the ITA, Birmingham City Council and the Business Improvement Districts will work together to identify rapid transit alignments and develop interim rapid transit to improve access in and around Birmingham City Centre, which will provide infrastructure that will act as a first phase towards wider rapid transit network routes.”

5.57 Although this document discusses CSQ in general terms it does not discuss the precise alignment.

Other Policy Material Considerations

National Planning Policy Framework (March 2012)

5.58 Local policies such as the emerging Birmingham Development Plan should, of course, be in general conformity with national policy as set out in the NPPF (CD34 [MMD/9.1] ); paragraph 212 says that the policies of the NPPF must be taken into account in the preparation of plans.

5.59 Given that the BDP is still in draft, it is relevant to look at the national planning policies with which it should be consistent.

5.60 The NPPF states that transport policies have an important role to play in facilitating sustainable development but also in contributing to wider sustainability and health

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objectives, and that the transport system needs to be balanced in favour of sustainable transport modes (paragraph 29).

5.61 At paragraphs 34 and 35 of the NPPF it is confirmed that:

“Plans and decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. However this needs to take account of policies set out elsewhere in this Framework, particularly in rural areas.

“Plans should protect and exploit opportunities for the use of sustainable transport modes for the movement of goods or people. Therefore, developments should be located and designed where practical to • accommodate the efficient delivery of goods and supplies; • give priority to pedestrian and cycle movements, and have access to high quality public transport facilities; • create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians, avoiding street clutter and where appropriate establishing home zones; • incorporate facilities for charging plug-in and other ultra-low emission vehicles; and • consider the needs of people with disabilities by all modes of transport.”

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6.0 ANALYSIS OF THE CSQ

Origins of Midland Metro

6.1 Centro originally had plans to develop and construct a three-line Midland Metro network. Parliamentary powers to build Line 1 were obtained through the Midland Metro Act 1989. This was followed by two further Acts in May 1992 which authorised Line 2 and Line 3. These plans included an extension of Line 1 from Snow Hill to the Bull Ring in a tunnel with a connection between the two routes underground at Corporation Street / Bull Street.

6.2 The Birmingham City Centre Extension to Midland Metro Line 1, however, has its origins in the late 1990s when Centro accepted that tunnelling was not a realistic financial proposition and that expansion of the system beyond the Wolverhampton to Snow Hill route would have to be delivered in ‘bite-sized chunks’.

6.3 Centro undertook consultation on two street-running options in 1998. The development plan at that time, the 1993 UDP, did not provide for either these options, however; it envisaged underground routes across the city centre, strongly advocated by the City Council inter alia because of the visual intrusion that street-running would cause and it was on the basis of an underground route that the draft 1993 UDP was consulted on.

6.4 Thus, the street-running alignments being consulted on by Centro in 1998 had no basis in adopted development plan policy. Furthermore, and even though the UDP showed general Metro alignments on the proposals map, neither the proposals map nor the written statement described or prescribed the location of stops.

Context for the Selection of the BCCE Route in the Late Nineties

6.5 The BCCE was promoted inter alia on the basis of that it would contribute to regeneration and serve future developments. In terms of the future location of major city centre developments in the 1993 UDP, perhaps the most significant proposal was for the redevelopment of the Bull Ring.

6.6 An alignment that would have served the Bull Ring (which now attracts an average of 38 million visitors a year 12 ) and Birmingham’s second-busiest railway station (Moor Street, which sees approximately 6 million journeys a year) was not pursued, however, including because the planning status of the Bull Ring was uncertain at the time that the BCCE was being promoted (the Bull Ring opened in 2003).

6.7 Other developments that we now know about, such as Grand Central / New Street, The Mailbox, Arena Central and Paradise Circus were not part of the 1993 UDP’s proposals either.

12 http://www.birminghammail.co.uk/whats-on/shopping/400-million-flock-bullring-decade-5762554 (OP/P1.2/14/OBJ11 )

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Policy Aims at the time of the Order

6.8 The BCCE was promoted at a time when the city centre core was still relatively tightly defined in physical terms, encircled by the ‘concrete collar’ of the Queensway, a significant barrier to movement.

6.9 The 1993 UDP said that a light rail network was a priority to facilitate the physical expansion of central area activities, an aim carried through to the 2001 draft alterations. By the time that the 2001 alterations were consulted on, however, the route of the BCCE had already been fixed by Centro.

6.10 As is evident from the IR in relation to the 2005 Order, the BCCE was promoted on the basis that would advance the regeneration of the city be reinforcing investors’ decisions to proceed with major developments and refurbishment in the city centre and its environs, one of the considerations that contributed to the Inspector’s decision to recommend approval for Centro’s 2003 TWAO application (IR 6.12.3). The BCCE was also promoted on the basis that it would encourage business vitality.

6.11 The use of Metro as a tool to promote the successful delivery of major developments and to encourage modal shift is recorded, and expanded upon, elsewhere, for example in the September 2004 Cabinet report ( OP/P1.2/17/OBJ11 ). It was noted at paragraphs 2.3.3 to 2.3.5 of that document that:

“Within the City Centre there is a significant amount of commercial, retail and residential development in the pipeline over the next ten years. There are several key sites; Snow Hill, Arena Central, Masshouse, Martineau Galleries etc. which will come on stream during that period. The nature and route of the Metro will be crucial to the success of those schemes. At a micro level developers will be keen to secure access to Metro stops as close as possible to their development.

“The Metro network would form part of an overall strategy to reduce traffic in the City Centre. This will improve public transport services, improve accessibility and enhance the pedestrian environment both in terms of safety and amenity. It will also improve access to important locations across the City Centre, including sites where major mixed-use development is proposed in the Deposit Draft Alterations. New Street Station redevelopment is currently being planned.

“The Metro can help support and enhance the continued success of Birmingham as a Regional Shopping Centre, by helping to link important shopping developments such as the recently opened BullRing Shopping Centre and Martineau Galleries, with the rest of the core shopping area. Phase 1 of the Martineau Galleries scheme (Martineau Place) is now complete. Phase 2 is currently being revised by the Birmingham Alliance and is likely to involve further retail, commercial, leisure and residential development. Further commercial developments for office, leisure and mixed use are planned for most parts of the City Centre with expanded employment figures of 10,000 or greater.”

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Location of Stops

6.12 Despite the aims to align Metro with major developments, the 1993 UDP did not explain how this transport infrastructure would be integrated with land use priorities, for example by identifying opportunity areas for such expansion beyond the Queensway.

6.13 Indeed, and based on what is said in the IR for the 2005 Order, it appears that importance was attached by Centro and BCC at the time to locating stops close to pre- existing facilities than to future generators of movement despite the latter having greater prospect of improving patronage prospects for the tram and encouraging modal shift. In addition, it was apparent that all potential alternatives considered at the time were rejected on grounds of feasibility and cost, leaving only one potential interim stop location at Victoria Square. For example, at paragraph 6.6.5 of his report for the 2005 Order the Inspector noted that:

“A tram stop would be situated in Navigation Street and would provide easy access to the Civic Quarter / New Street, the rear of New Street station, The Mailbox and the Chinese / Theatre Quarter. What it would not do, I infer, is to “Improve accessibility to and within Birmingham city centre” by serving the city centre, the Bus Mall, Town Hall, Central Library, Council House and the main business area, as BCC wishes and which is laid down as one of the objectives of the BCCE (IR para 3.3.1).”

6.14 In addition, and as I noted in Section 3.0 of this proof of evidence, the Inspector thought that: “…to dispense with a tram stop outside the Town Hall altogether would be to lose all the benefits of immediate access to that very important part of the city centre…” (IR 6.5.3).

6.15 Interestingly, these comments refer only to existing facilities and ignore that a stop on Navigation Street would have served The Mailbox which was already open at the time of the public inquiry (as recorded in the then-emerging local plan alterations) and which was establishing itself as a major destination in the city centre.

Future Shape of the City Centre

6.16 Notwithstanding the above, the policy context for the decision on the current application is different to that when the 2005 Order was confirmed. As well as a new draft development plan (the BDP) which is at an advanced stage of preparation, the City Council is pursuing the implementation of the Big City Plan (which is closely aligned to the BDP) and it is currently consulting on a draft Retail Strategy which complements the BCP.

6.17 The situation on the ground is different, too.

6.18 The Mailbox – a major development that did not issue from a local plan allocation – continues to evolve. BBC Midlands made The Mailbox its home in 2004 (after the BCCE Inquiry), a major extension known as ‘The Cube’ has recently been completed,

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and significant works are being undertaken to add another hotel, a cinema and to double the size of Harvey Nichols department store.

6.19 Such is the significance of The Mailbox that in the emerging BDP the city retail core now crosses Queensway with a ‘panhandle’ that takes in The Mailbox. The draft Retail Strategy, in effect, indicates that The Mailbox forms part of a retail axis through the city centre, taking in the Bullring, Grand Central and John Lewis, and The Mailbox.

6.20 This represents something of a change from the retail strategy of just a few years ago when the aim was to create a counterpoint to the Bull Ring by development of the Martineau Galleries area, close to the forthcoming Bull Street tram stop. The change in strategy was probably due to the decision of John Lewis to anchor the Grand Central scheme, but the east-west axis is in the process of being strengthened further by Harvey Nichols’ investment and the recently-announced £20 million investment in the iconic Selfridges department store. The currently-proposed alignment will do little to assist movement along this retail axis, serving only the northernmost parts of the retail core as illustrated at Figure 5.5 of my proof of evidence.

6.21 Given that the regional shopping function is one of the key roles of the city centre, this axis and the functioning of movement along it should be a high priority when planning the city’s transportation network.

6.22 To the north of The Mailbox is Arena Central which stretches from Holliday Street to Broad Street. To the east of this is Paradise Circus, a scheme that is being led by the City Council and which benefits from the incentives afforded by its location in the Enterprise Zone (as does Arena Central), factors which lead me to believe that its delivery is likely if not certain. The grant of planning permission for both of these schemes occurred after the 2005 Order was made.

6.23 All of these developments will not only physically transform the city centre and its environs but they will change the places to which workers and visitors will want to travel.

6.24 The proposed Centenary Square extension, however, will only directly serve Paradise Circus (from the proposed Town Hall stop), and Arena Central and the existing facilities on Centenary Square from the Centenary Square stop.

6.25 It is Ardstone’s case that a revised route would better serve the future shape of the city centre and would not have the drawbacks of the currently-proposed route, particularly in relation to heritage assets. A revised route would, however, result in the omission of the proposed Town Hall stop.

The Effects of the Omission of the Town Hall Stop

6.26 As I noted earlier in my proof of evidence, the Inspector noted at paragraph 6.6.5 of his 2004 report for the 2005 Order that:

“A tram stop would be situated in Navigation Street and would provide easy access to the Civic Quarter / New Street, the rear of New Street station, The

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Mailbox and the Chinese / Theatre Quarter. What it would not do, I infer, is to “Improve accessibility to and within Birmingham city centre” by serving the city centre, the Bus Mall, Town Hall, Central Library, Council House and the main business area, as BCC wishes and which is laid down as one of the objectives of the BCCE (IR para 3.3.1).”

6.27 In dismissing a stop of Navigation Street he appears suggest that improving “accessibility to and within Birmingham city centre” means that Midland Metro has to serve inter alia the main civic buildings.

6.28 The Inspector also remarked that: “…to dispense with a tram stop outside the Town Hall altogether would be to lose all the benefits of immediate access to that very important part of the city centre…” (IR 6.5.3).

6.29 It is perhaps worth remembering, however, that the route was proposed, and thus the Inspector’s conclusions were drawn, in a different context to that which exists today. At that time the main routes for pedestrians to move from east to west (or vice versa ) between Centenary Square and Victoria Square were, as discussed an illustrated by photographs in Section 4.0 of my proof of evidence, via Fletcher’s Walk and a pedestrian underpass under Queensway, or through the old Central Library. The former is a dark, unwelcoming and illegible route and the latter is restricted to opening hours and those who know the route. In such circumstances, no doubt a tram link between Victoria Square and Centenary Square (with stops in each) would have been a significant boost to permeability and east-west movement.

6.30 That situation will be changed by the redevelopment of Paradise Circus, a transformational proposal that will include two pedestrian routes – one at grade crossing connecting Arena Central with Paradise Street and another that will create a traffic-free route connecting Centenary Square with Chamberlain Square and Victoria Square. Thus, anyone alighting from a tram in Centenary Square will be able to walk in a traffic-free high-quality pedestrian environment to all parts of the civic quarter including the Council House, the Museum and Art Gallery and the Town Hall, all of which would be in the region of 400 metres (measured from in the vicinity of Bridge Street) walk through a transformed pedestrian area from a stop on Centenary Square.

6.31 Of the other destinations enumerated by the Inspector, the central library has now moved to Centenary Square and the bus mall, along Moor Street Queensway, would likely be served by the proposed Eastside Metro line. The business district will be served by Bull Street stop which is currently under construction. In other words, the base case for the route has materially changed.

6.32 It is really only the Town Hall and the Council House that would lose close proximity to the Metro stop. One must consider, however, consider whether proximity of a stop to the aforementioned civic buildings should be given such importance particularly when the the Town Hall attract just 160,000 visitors a year (compared with other city centre destinations such as The Bullring which attracts approximately 38 million visitors a year).

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6.33 Furthermore, one must have regard to the principal objectives of the tram: to serve development sites and thus promote economic development, and to reduce congestions (which suggests an aim to dissuade people working in and visiting the city from travelling by car which in turn suggests that the tram should serve major employment and visitor locations).

A Better-located Route

6.34 As I noted earlier, visitor numbers for The Mailbox are not available but based on my estimate of over 2,000 workers and the likelihood of many more visitors to the shopping, eating and leisure facilities, I would imagine that annual trips would be in the low millions rather than the low hundreds-of-thousands (as is the case with the Town Hall).

6.35 The Axis building immediately to the north accommodates approximately 1,150 jobs and to the north of that is the Holliday Street end of the Arena Central site.

6.36 On the opposite (eastern) side of the Queensway is an area of the city centre to the west of New Street station which is identified as an opportunity for development in the BCP.

6.37 A stop close to the junction of Navigation Street and Queensway could serve all of these destinations and promote development of the area to the west of New Street station. It could also avoid the consequential – and costly – effects of re-routing traffic displaced from Hill Street which necessitates the construction of a sliproad access to the Queensway at a cost of approximately £3.5m ( OP/P1.2/2/OBJ11 ).

6.38 It could then continue to serve Centenary Square giving access to the northern parts of Arena Central, Symphony Hall and the ICC, the new Library of Birmingham and Paradise Circus and the new traffic-free pedestrian route through Paradise Circus to the Council House and Town Hall. The facilities on Victoria Square would also be a short walk from the proposed Stephenson Street stop.

6.39 Not serving a key destination such as The Mailbox when, as Mr Tucker says, it would be feasible to route the tram to serve it, is a significant lost opportunity, not only in terms of an opportunity to promote sustainable movement to a significant travel generator (particularly important given that ‘sustainability’ is the ‘golden thread’ running through contemporary national planning policy) but also as a tool to encourage the regeneration of the areas to the west of New Street station and to strengthen the vitality and viability of the retail core in line with the emerging Retail Strategy.

6.40 A revision of the CSQ route would better address planning policy at both the national and local level – generators of travel should be well-served by public transport and land use and transport should be planned in tandem to optimise the sustainability of development and to optimise patronage and maximise modal shift, thus making transit a viable proposition.

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6.41 These themes are very important parts of new policy documents that have been published since the route of the BCCE extension was last examined, in particular the NPPF and the draft BDP.

6.42 In addition, such an approach would go to the original – and fundamental – aim of Metro, that it should be a tool to promote regeneration and the expansion of the city centre beyond the ‘concrete collar’ as well as sustainable mode of travel aimed at reducing congestion, an aim that is not optimised by the currently-proposed route.

6.43 There is, of course, a range of other material considerations to be taken into account in comparing the application route with an alternative. Such factors were summarised at paragraph 3.13.1 of the IR thus:

• engineering feasibility; • planning policy; • cost / benefits; • development proposals; • impacts on pedestrians; • interchange with bus and rail services; and • areas of potential constraint (for example highway geometry, NR [Network Rail] structures, and the need to avoid demolition of properties).

6.44 The following table is a high-level comparison of the existing proposal and an alternative route via Navigation Street under those broad headings. The initials in parentheses in the first column indicates the proof of evidence where each consideration is dealt with.

Table 6.1 – Comparison of Routes

Issue Centro Proposal Alternative Route Engineering Feasibility Structural suitability of route No significant issues. No significant issues. (JP) Planning Policy Supporting retail core Would enable people to Would enable people to including Selfridges – John travel to John Lewis from travel to John Lewis and Lewis – Harvey Nichols axis other parts of the Metro Harvey Nichols / The (PB) route. Mailbox from other parts of the Metro route and also between the two. Improving accessibility to Would serve New Street Would serve New Street, key destinations as shown station, Town Hall and ICC. The Mailbox and ICC. The on pages 4 and 5 of Big City Mailbox is likely to have Plan / encouraging modal significantly greater visitor shift (local and national numbers than TH and so objective) (PB) has greatest potential to encourage modal shift. Also greatest potential to maximise farebox revenue. There would be a traffic-free route to Victoria Square from the Stephenson Street and the Centenary Square stops.

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Issue Centro Proposal Alternative Route Supporting regeneration Would serve Paradise Would serve Paradise through provision of Circus and Arena Central. Circus, west of New Street transport links to station and has potential to regeneration areas (PB) better serve Arena Central by stops at its southern and northern ends. Cost / Benefits Cost (ST) Total scheme cost is £30.9m Comparable and plus £3.5m for Suffolk opportunities for cost saving. Queensway slip. Timescales Could be commenced once New application and Order confirmed. supporting information would be necessary. Development Proposals / Areas Served Development Areas Served Arena Central and Paradise Arena Central, Paradise (PB) Circus. Circus, Mailbox / Holliday Street and land west of New Street station. Impacts on Pedestrians and Accessibility Generally Pedestrian Accessibility (ST) Significant harm arising on No significant impact on any Pinfold Street and Victoria route, potential benefit in Square; potential severance encouraging movement of pedestrian routes towards The Mailbox by identified in local planning improving people’s policy (Victoria Square is the awareness of location confluence of a number of through existence of fixed local plan-defined pedestrian infrastructure and The routes). Mailbox appearing on the Metro route map. Delays to Traffic (ST) Crossing of Paradise Circus Crossing of Queensway by Queensway introduces (the way of existing underpass; A38, the major route through potential for some localised the city centre) potential for effects on traffic at traffic delay. Navigation Street / Queensway intersection. Deliveries and Servicing No deliveries or servicing to No significant issues (ST) properties on Pinfold Street. Interchange with Bus and Rail Interchange (ST) Principal interchanges at Principal interchanges at New Street station for rail New Street station for rail and Broad Street for buses. and Broad Street for buses. Metro Journey Time (ST) Metro traffic is mainly The alternative route is running without interaction around 30m longer so there with vehicles but does need would not be a significant to cross the busy road at change in journey times. Paradise Circus Interaction with significant Queensway. traffic flows is avoided. Constraints Building maintenance (DM) Difficulty of maintaining VSH Would not run so close to with catenary so close – other listed (or indeed unsatisfactory maintenance unlisted) buildings. is a risk to the heritage asset. Conservation Areas (CM) Cuts through heart of Runs alongside part of conservation area – Victoria boundary on Navigation Square is one of the most Street.

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Issue Centro Proposal Alternative Route well-known features (see CA map). Listed Buildings (CM) Passes four listed buildings Passes one – signal box on (see CA map) including Navigation Street. Grade I Town Hall. Land Take / CPO (ST) Orders have lapsed Mainly within public highway therefore no powers at but the CPO that would be present. CPO is needed required is the same as that including for ‘complementary for the Suffolk Street highways works’ (Suffolk Queensway slip road. Street Queensway slip road). Orders (ST) TWAO needed – current TWAO needed. No application indicates that stopping-up should be Centro does not intend to necessary. proceed with route authorised in 2005. Contingent on stopping-up orders and CPO for Queensway slip. Objections (ST) Three outstanding Unknown but unlikely to objections. directly affect any frontages.

6.45 The table above shows that a revised route could have some significant benefits, particularly in terms of greater complementarity with contemporary planning policy, greater regeneration potential, and less harm to heritage assets

6.46 To re-route the tram in such a way would inevitably cause delay to the implementation of the Centenary Square portion of the BCCE but, in my view, it would be the right thing to do. It would be an opportunity to ensure that the alignment maximises opportunities to serve major regeneration sites and travel generators by giving full consideration to transport and land use objectives in parallel (or as Centro puts it in LTP3 (CD27 [MMD/7.8] ), to ensure “that rapid transit routes are embedded into the land use planning process” ) and to promote business creation and vitality across a larger part of the city centre.

6.47 A transit system such as Midland Metro is likely to form part of city landscape for decades to come and it is essential that decisions are made to maximise the advantages that can be achieved. A delay of a couple of years to make a revised application could lead to much greater benefits over the longer-term. Pressing ahead with a route which does not maximise opportunities to serve major travel generators will simply replicate mistakes of the past, such as not serving the Bullring which was open for trading by the time that the BCCE Order had been made (the application had avoided a route serving the Bullring because of supposed planning uncertainty).

6.48 To review the route now would not be an admission of failure, it would be a pragmatic and forward-looking response to one of the greatest periods of change and economic development in Birmingham since the post-WWII rebuilding. It would ultimately result in a transport system that is better-adapted to the future shape of the city rather than being based on the situation that existed more than fifteen years.

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7.0 CONCLUSIONS

7.1 My proof of evidence has been prepared in relation to Ardstone Capital Limited’s objection to the Centenary Square Extension of the Midland Metro. Whilst Ardstone supports improvements to public transport it considers that extension is not the most appropriate route.

7.2 The CSQ forms part of the Birmingham City Centre Extension which dates from the late 1990s. The BCCE was not brought forward as part of the statutory development plan; the UDP at the time was adopted in 1993, several years before Centro consulted on a number of street-running options. There was, therefore, a disconnect between route selection and the future direction of development in the city centre. For example a route taking in the Bullring, which now attracts approximately 38 million people each year, was avoided because of supposed planning uncertainty. The Bullring was open for trading in 2003, however – almost two years before the Secretary of State confirmed the BCCE in 2005. This was a significant lost opportunity.

7.3 Despite that disconnect, it is clear from the Inspector’s Report into the BCCE that Metro was seen as a tool to promote development and to encourage business confidence and vitality. In addition, contemporary planning policy emphasises the desirability of integrating transport and land uses.

7.4 Apart from the Bullring, the only other major development in the city centre at that time was The Mailbox. Even so, the Inspector dismissed a stop at Navigation Street, apparently attaching greater importance to serving buildings such as the Town Hall, the Council House and the Central Library, notwithstanding the great difference in visitor numbers between a cultural destination such at the Town Hall and a shopping and leisure destination such as The Mailbox.

7.5 Even so, since the Inspector considered the position in December 2003 / January 2004, significant changes have continued to take place in the city centre. In 2004 the BBC left Pebble Mill and moved to The Mailbox and further developments have taken place to increase its attraction further. Such is the importance of The Mailbox that the city centre retail core in the draft BDP has now crossed the Queensway to include The Mailbox, and it is an important component of the City Council’s draft Retail Strategy, first published in 2014.

7.6 The other major development that is underway is the regeneration of New Street station including the rebuilding of Pallasades shopping centre and the creation of a new John Lewis department store. This will form part of a retail axis through the city centre connecting Selfridges in the Bullring, John Lewis and Harvey Nichols at the Mailbox. The previously-mooted retail growth area (Martineau Galleries), which would have been served by the part of the BCCE that is now under construction, is now slated for office-orientated development because of its proximity to HS2’s Curzon Street terminus.

7.7 A further change is that the area between New Street station and The Mailbox is also identified as an opportunity in the Big City Plan.

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7.8 Thus a route along Navigation Street and with a stop in the vicinity of the Queensway has much to commend it. It would serve key attractions in the retail core, itself a major component of the city centre economy. It would serve major, and growing, employment destinations, and it could encourage new development in the area to the west of New Street station, a location identified for growth. It would also be within a short walk of Holliday Street and the southern end of the Arena Central development.

7.9 The line could then continue to Centenary Square – where it is intended to go anyway – and serve the northern end of Arena Central, the new Library of Birmingham, Symphony Hall and the ICC, and The Rep. It would also serve Paradise Circus and would be an easy traffic-free walk away from the Council House and the Town Hall, destinations that would also be accessible from the stop which is already under construction on Stephenson Street.

7.10 Such a route would be more closely aligned to the Big City Plan, the related draft Retail Strategy and the emerging Birmingham Development Plan than that which is currently being pursued by Centro. The vigour with which the City Council is pursuing the BCP is an indication of the importance that it attaches to it. A transit route that better serves the aims of these documents should therefore be given very serious consideration.

7.11 There are, of course, other material considerations that would need to be taken into account in examining an alternative route, not least the far lesser impact on a range of heritage impacts, including the impact on one of the city’s most important buildings.

7.12 The main disadvantage of reviewing the Centenary Square Extension is that of delay to implementation. No doubt Centro is keen to press ahead with expansion of the system. But significant investments such as the CSQ should not be pursued regardless of prevailing circumstances; particularly where there has been a very long gestation period such as there has been here, the authorities must step back from time to time and reconsider whether changes in circumstances suggest that their proposals should be reconsidered. There has been no reconsideration here for over fifteen years, despite there being a whole host of new material considerations.

7.13 The results of pressing ahead rather than waiting just a year or two have already been seen in Birmingham – the tram does not serve one of the city’s most popular destinations which welcomes tens of millions of people each year.

7.14 Considering an alternative that would run along Navigation Street to the Mailbox and on to Centenary Square would not bring with it the uncertainty that Centro sought to avoid when it selected the route back in the late 1990s; The Mailbox is now a well- established city centre destination and so far as Arena Central and Paradise Circus are concerned, these sites would already be served by the proposed stop on Centenary Square.

7.15 In addition to meeting the policy objective to integrate transport and land use planning, such a route could also assist in promoting modal shift and thus the sustainability of developments in the city centre, a key theme of contemporary planning policy. The

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potential for higher patronage would not only increase farebox income but would also work in favour of further extensions to the system.

7.16 Finally, a revised route would avoid the harm that the present proposal will cause to a range of heritage assets and their settings, a consideration which should be kept under continual review given the seriousness that should be afforded to any loss of significance.

7.17 Given that: the currently-proposed route is now more than fifteen years old; there have been significant changes to the shape of the city centre and to future strategy for the city centre as set out in the BCP, the related draft Retail Strategy and the emerging BDP; and there is potential to avoid harm to a number of important heritage assets; I consider that the opportunity should be taken to review the route of the Centenary Square Extension rather than pressing ahead with the currently-proposed route.

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8.0 DECLARATION

8.1 I confirm that, insofar as the facts stated in my proof of evidence are within my own knowledge, I have made clear which they are and that I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion.

8.2 I confirm that my proof of evidence includes all facts which I regard as being relevant to the opinions which I have expressed and that attention has been drawn to any matter which would affect the validity of those opinions.

8.3 I confirm that my duty to the Inspector and the Secretary of State as an expert witness overrides any duty to those instructing or paying me, that I have understood this duty and complied with it in giving my evidence impartially and objectively, and that I will continue to comply with that duty as required.

8.4 I confirm that I am neither instructed, nor paid, under any conditional fee arrangement.

8.5 I confirm that I have no conflicts of interest of any kind other than any already disclosed in my proof of evidence.

8.6 I confirm that my proof of evidence complies with the requirements of the Royal Town Planning Institute, as set down in the revised Royal Town Planning Institute ‘Chartered Town Planners at Inquiries – Practice Advice Note 4’.

Signed: ______

P Burley BA(Hons) MPhil MRTPI Partner, Montagu Evans LLP

Date: 21 October 2014