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Planning Committee 5/10/2010 APPLICATION NO: P/2007/1181 LOCATION: ST HELENS RUGBY LEAGUE FOOTBALL CLUB KNOWSLEY ROAD ST HELENS MERSEYSIDE PROPOSAL: Proposed re-development of St. Helens RLFC to private residential development consisting of 192 dwellings. WARD: West Park PARISH: N/A CASE OFFICER: John Waddelow AGENT(S) / APPLICANT(S): MPSL Planning and Design and Taylor Wimpey - - BACKGROUND PAPERS: Planning Committee Reports and minutes 20th May 2008 and 8 December 2009. REPRESENTATIONS: N/A RECOMMENDATION: Authorise that the wording of proposed condition 1 of the draft Planning consent P/2007/1181 be amended to read as follows: The development shall commence within 5 years of this decision notice, however, no part of the development shall commence until the stadium element of the development pursuant to the planning permission P/2007/1074 has commenced within the area edged red on the attached plan’. / 1.0 Introduction. 1.1 The purpose of this report is to advise members of the current situation with regard to the proposed redevelopment of the Knowsley Road ground, as part of the package of developments pursuant to the delivery of the new rugby stadium on the United Glass Site. 1.2 The re development of the United Glass Site under the provisions of the planning application P/2007/1074 has been granted .The development is described as being for the erection of a new Rugby Stadium (D2and ancillary uses), superstore (A1) including petrol filling station, demolition of buildings, remediation of the site and the reconstruction of access roads including a new roundabout and junction onto St Helens Linkway, car parking, landscaping footpaths ( inc bridge crossings onto Linkway east and the St Helens Canal) and associated works. 1.3 The planning application P/2007/1181 (for the redevelopment of the site for 192 dwellings), was resolved to be approved by the planning committee on the 20th May 2008 (subject to the Secretary of State not calling the application in for determination) .The Secretary of State did not call in the applications. Amendments to conditions were further agreed at the meeting on the 8th December 2009. 1.4 A copy of the report of the 8th December 2009 and the relevant table 2 is attached as Annex 1.Also a copy of the draft decision notice prepared following that meeting is attached as Annex 2. Planning permission has not P/2007/1181 Planning Committee 5/10/2010 been issued to date because the S106 agreement pursuant to the permission has not been completed. A copy the proposed draft agreement is attached as Annex 3. 1.5 The applicants, Taylor Wimpey have now made a further request to amend the provision of the consent prior to it being issued. With reference to the previous resolution of the planning committee and the decision notice which has been prepared, they request that condition 1 is modified or removed to facilitate the implementation of the redevelopment as soon as possible after the end of the playing season. 1.6 Condition 1 reads as follows: ‘the development shall commence within 5 years of this decision notice, however no part of the development shall commence, including demolition until the stadium element of the development pursuant to the planning permission P/2007/1074 has been demonstrably commenced by the completion of ground work and the commencement of the stadium superstructure on the United Glass Site’. 1.7 The requested amendment is as follows: ‘ the development shall commence within 5 years of this decision notice, however ,no part of the development shall commence until the stadium element of the development pursuant to the planning permission P/2007/1074 has commenced’. 2.0 In support of the request the applicants make the following points in relation to progress being evidenced in connection with the United Glass Stadium redevelopment. 1. Commencement of the S278 highway improvement works and the creation of a new access to the site by St Helens MBC. 2. Completion of a ‘build contract’ between the owners Langtree Group Plc and the stadium contractors Barr Construction. .Work of demolition pursuant to the build contract has now commenced. 3. Completion of an ‘Agreement for Lease’, between site owners Langtree Group PLC and St Helens Rugby Football Club limited dated 4th July 2010. 4. St Helens have step in rights to ensure that the development is completed and available for use. 2.1 Both points 2 and 3 above are referred to within part (iii) of the third schedule of the draft S106 agreement for Knowsley Road and both now can be satisfied. 2.2 With matters on the new stadium site advancing it is imperative that a start is made on Knowsley Road as soon as possible following the end of the current playing season. We wish to start site operations, commencing at the Dunnriding end of the site as soon as possible. As currently worded the condition 1 does not allow this to happen. The development of the stadium P/2007/1181 Planning Committee 5/10/2010 has been delayed (issues beyond the control of Taylor Wimpey) and the condition because it makes reference to the commencement of the stadium element of the permission is unlikely to be capable of compliance until mid 2011.This would seriously affect the deliverability of the scheme and impact upon the clubs finances. 3.0 Comments on the request. 3.1 The granting of planning permission for the redevelopment of the Knowsley Road site for housing is a departure form the development plan and results in the loss of an established recreational/sporting facility .It has been resolved to approve the redevelopment of the site for the residential use on the basis that it, secures the replacement of the facility in a modern and sustainable manner on the United Glass site. This is the underlying reason for condition 1 as currently drafted. The condition and the section 106 agreement provide a direct link between the development of the Knowsley Road site and the delivery of the new stadium on the United Glass site. This provides confidence in delivery and reinforces the planning reasons for allowing the redevelopment of Knowsley Road. 3.2 As indicated above progress has been made on the United Glass site development since the planning committee meeting and resolution in December 2009. 3.3 Highway works and demolition have occurred and/or are in progress and various procedural steps/agreements have been reached. 3.4 However, it should be noted that the development of the stadium itself has not yet commenced, in the terms of the currently worded draft condition. 3.5 The S106 agreement pursuant to the redevelopment of Knowsley Road, contains clauses which prevent the commencement of development until the owner (St Helens RLFC) has (a) entered into or procured the entering into a building contract with a reputable contractor for the development of a new stadium for its own use: and (b) entered into an agreement for lease in relation to the aforementioned new stadium. 3.6 The phasing of the development on the United Glass site, is such that the Tesco store is to be commenced in advance of the stadium building but after a period the entire site is under construction. The S106 agreement for the United Glass site (Dated 11th December 2009), contains safeguards over and above those indicated in the S106 agreement for the Knowsley road site (see above). Namely, the owner of the UG site has covenanted with the Council that the superstore shall not open for trading unless either; (a) A certificate of practical completion of the Stadium to Super League standard has been issued under the Stadium Construction Contract. (b) A bond equivalent amount to the outstanding construction costs of the Stadium at the point in time (excluding tenant enhancements) has been put in place and an agreement for lease with the club has been entered into. (c) The maximum amount of this bond is equal to the remaining construction costs of the un built element of the stadium at the time the bond is entered into (the ‘’bond sum’’) P/2007/1181 Planning Committee 5/10/2010 (d) This bond has been taken out so that the obligations of the owner and the Bondsman only take effect prior to the first use of the superstore and where the stadium has not been completed to Super league Standard. 3.7 Works to create the site entrance from the Link Way to the United Glass site are currently in progress. .A building agreement has been signed between the owners of the UG site Langtree and the contractor Barrs. Similarly, an agreement to lease between Langtree and St Helens RLFC has been signed. 3.8 In having entered into the build agreement and the agreement to lease, provisions of the third schedule, (iii) of the Knowsley Road S106 agreement have effectively been met in advance of the agreement itself .The implementation of these provisions through to the completion of the stadium are further reinforced by the step in provisions of the UG S106 agreement outlined above. 3.9 Aside from the provisions of condition 1, the Council would be the beneficiary of a bond sufficient to ensure completion of the Stadium, in the event of either the owner or the contractor being in a position where the Stadium is not delivered in whole or part. 3.10 In the context of the progress which has been made since last December and the provisions of the various legal agreements, it is considered appropriate to allow a relaxation in the wording of condition 1, as suggested by the applicant, but with a variation to make it clear what is meant by the Stadium element by reference to a plan (see below and Annex4).

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