RGH Report No The! CITVOP I!DIN8UAGH Counell Planning Permission 12/00696/FUL at West Princes Street Gardens Princes Street Edinburgh

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Item no 10 • DIN·...... RGH Report no THe! CITVOP I!DIN8UAGH COUNelL Planning Permission 12/00696/FUL at West Princes Street Gardens Princes Street Edinburgh

Development Management Sub-Committee of the Planning Committee

1 Purpose of report

To consider application 12/00696/FUL, submitted by Mr Nigel Ward. The application is for: The proposal is for the temporary location of a self supporting 53 metre giant observation wheel with up to 42 fully enclosed and air-conditioned capsules, two ticket booths and a control booth (housed on the platform of the wheel).

It is recommended that this application be Granted by Committee.

2 The Site and the Proposal

Site description

The observation wheel is proposed to be sited at the western end of West Princes Street Gardens upon an existing area of hardstanding.

The site is located within the New Town Gardens -included on the inventory of Gardens and Designed Landscapes of Scotland and also identified as being located within the World Heritage Site.

The site is also located near to several Category A listed buildings including St Cuthbert's Church of Scotland, St John's Episcopal Church and the Ross Fountain.

1 The site is located approximately 100 metres from Edinburgh Castle- a scheduled ancient monument to the south east.

This property is located within the New Town Conservation Area.

Site History

Princes Street Gardens has accommodated a number of temporary leisure attractions that have been in connection with the Christmas and New Year events programme or the Edinburgh Festival. These have become a regular feature within the gardens over the last 15 years.

These include the granting of temporary planning permission for the;

* Erection and operating of a big wheel and helter-skelter next to the Scott Monument;

* Formation of a Wonderland Christmas Fair and German Christmas Market;

* Formation of an ice rink with associated temporary buildings, children's fun-fair, food franchises and toboggan run;

* Formation of a Nativity scene;

* Formation of a Victorian carousel;

* Installation of a bungy trampoline entertainment structure; and

* Formation of a Fringe festival event incorporating theatre/cabaret marquee, outdoor cinema screen, cafe, children's area.

Pre-Application Process

Pre-application discussions took place on the proposals and advice was given on various aspects of the proposed development.

Description Of The Proposal

This application relates to the temporary erection of a giant observation wheel at the western end of West Princes Street Gardens. The observation wheel will operate for a period of seven months from April 2012 until October 2012.

The wheel will be 53.25 metres in height and will also include a large base structure measuring 25 x 20.45 metres that houses two ticket booths and a control booth. The observation wheel will include 42 fully enclosed air conditioned capable of carrying up to 8 persons.

The wheel will operate until 22:00 daily.

2 . Supporting statement

A design and access statement has been submitted. The key issues covered relate to planning policy considerations, operational impacts and a discussion on the heritage impact of the proposed wheel.

A further supporting statement has also been submitted that addresses the ...visual characteristics of the observation wheel and includes case studies of identical observation wheels in other historic locations throughout the UK.

The design and access statement and supporting statement is ~available for viewing on the Planning and Building Standards Online Services.

3. Officer's Assessment and Recommendation

Determining Issues

Do the proposals harm the character or appearance of the conservation area? If they do, there is a strong presumption against granting of permission.

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

ASSESSMENT

To address these determining issues, the Committee needs to consider whether:

(a) the proposals are acceptable in principle;

(b) the proposals will harm the outstanding universal value of the World Heritage Site including identified Key Views;

(d) the proposals will adversely affect the setting of nearby listed buildings or Edinburgh Castle - a Scheduled Ancient Monument;

(e) neighbouring residential amenity will be harmed;

(f) there are any implications for natural heritage;

3 (g) there are any road safety or other transportation issues; and

(h) there are any implications for archaeological heritage.

(a) Similar observation wheels have been located in several cities worldwide and locations nationally including London, Manchester and York. The presence of these structures in these locations is widely regarded as a success in terms of attracting increased visitors to centres and adding to their vitality and viability. The proposal is therefore considered to promote the principles of SPP8 - 'Town Centres and Retailing'.

In respect of the Edinburgh City Local Plan Policy Ret 6 'Entertainment and Leisure Developments - Preferred Locations', city centre locations are viewed as preferable for such large scale leisure developments. It is also considered that the observation wheel will act as a trip generator, helping assist surrounding retail uses through increased footfall. Notwithstanding the visual impact of the observation whe.el upon the surrounding environment - assessed in section (b) of the assessment, the use of the land for the siting of an observation wheel over a temporary period of time is acceptable in principle.

(b) The Outstanding Universal Value (OUV) of the Edinburgh World Heritage Site is expressed in the statement of significance adopted by the World Heritage Committee of UNESCO. Within the context of this site, the distinct character of Waverley Valley comprising the landscape divide between the two distinctive townscapes of the Old and New Towns is an integral constituent to the OUV and requires careful consideration in the assessment of development proposals.

The Edinburgh World Heritage Site Management Plan refers to ' the dramatic topography of the Old Town combined with the planned alignments of key buildings in both the Old and New Town, resulting in spectacular views and panoramas and an iconic skyline'

The control of heights around the city centre is critical to the protection of key views. In particular, it is noted that the proposed wheel is likely to impact on key views as defined in the Edinburgh Planning Guidelines on the 'Protection of Key Views'. The proposed wheel will be clearly visible from the Old·Town, particularly from North Bank Street, Mound Place but also visible from Calton -Hill where distant views will be 'possible looking westwards along Princes Street. The wheel will represent a significant intervention within the City Centre, where its presence will interrupt the important picturesque landscape character of the garden that divides the dramatic contrast between developed townscape and open space.

The OUV of the Edinburgh World Heritage Site will be temporarily affected but not for any significant period and the status quo will return when the wheel is removed. In addition, this must be assessed in the context of the current tram works which are presently causing visual disruption of the City's streetscapes. The wheel will deliver increased activity in the City Centre which will be of

4 benefit to the local economy. It is judged that a temporary consent is appropriate in this instance and that the Outstanding Universal Value of the Edinburgh World Heritage Site will be safeguarded in the long term.

Prince's Street gardens, with its Castle ridge backcloth, provides an open natural setting for a number of landmark buildings directly associated with Edinburgh. The magnificent Greek revival pavilion art galleries by Playfair sitting at the foot of the mound give credence to Edinburgh as the "Athens of the North': Further to the east lies the familiar Gothic steeple of the Scott monument. The Balmoral Hotel completed in 1902 (formerly the North British) is a large quadrangular building, with domed clock tower overlooking Waverley Station.

The City's collection of civic statuary provides a focus and punctuation point for many vistas creating an outdoor sculpture gallery.

The use of grid layout forms throughout the area provides a formal hierarchy of streets with controlled vistas and planned views.

The central position, grid layout and uniform building heights make the area extremely sensitive to the effects of high buildings.

Terminated vistas within the grid layouts and the long distance views across and out of the conservation area are an important feature.

With regards to the use of the gardens for this attraction, it should be noted that the whole of Princes Street Gardens is considered as an area of open space of outstanding landscape quality and townscape significance. It is also important to retain green public space in the City Centre to allow for people to escape from the activity of the city centre streets. The vast majority of West Gardens and the whole of East Princes Street Gardens will remain free for the enjoyment of its visitors.

The proposed wheel is not a building, but is a significant structure due to its height and width. The wheel'S potential to have a significant visual impact is, to a certain extent, reduced due to its location at the far end of the gardens and partially transparent construction. The proposal does not significantly affect the viewer's ability to see surrounding buildings but it is acknowledged it will significantly affect the character of the gardens. In terms of its impact on the conservation area, the impact is less noticeable and temporary attractions are an established part of the visitor experience to the gardens.

Therefore, whilst there will be a temporary impact upon the character and appearance of the conservation area, this is for a limited period and there will be a return to the status quo when it is removed.

5 (d) The proposals will impact upon the setting of several listed structures including Edinburgh Castle - a Scheduled Ancient Monument. The observation wheel would not be an acceptable long term feature in this location given the historic and architectural importance of the location and surrounding buildings. However, the temporary nature of the structure must be considered, and there will be no permanent impact on the setting of these buildings.

(e) The proposals raise no amenity issues with any nearby residential or commercial properties.

There is no impact on neighbouring amenity.

(t) The proposals do not impact upon the nearest Site of Special Scientific Interest, Arthur's Seat Volcano, and raise no other issues in connection with natural heritage

(g) The proposals are located within a public garden away from vehicular traffic. Transport Planning raise no objections to the proposals subject to the attachment of a planning condition in relation to vehicular access to the site during the assembly and dismantling of the wheel.

(h) The proposals do not require the ground to be broken for foundations etc and as such there will be no physical impact upon the sites important buried remains.

In light of the above, it is considered that the temporary nature of the proposal will ensure that it does not cause any permanent harm to the setting of the important surrounding historic landscape and buildings and as such is not contrary to the local plan policies in the long term.

Committee consideration is required due to Council interest in the land to which the application relates.

It is recommended that the Committee approves this application, for a temporary period and subject to the reinstatement of the site.

REASON FOR DECISION

It is considered that the temporary nature of the proposal will ensure that it does not cause any permanent harm to the setting of the important surrounding historic landscape and buildings and as such is not contrary to the local plan policies in the long term.

6 John Bury Head of Planning & Building Standards

, Contact/tel '-Da-niEii Lodge on 0131 5293901 rward affected ! A 11 - City Centre---- I I I Loc-alplan '---l-Edinburgh City Local Plan i i Statutory : Central Area Development Plan Provision -:----::-----j--' Date registered 2 March 2012

Drawing numbersl 101 - 04

Scheme I Scheme-----, 1

Advice to Committee Members and Ward Councillors

The full details of the application are available for viewing on the Planning and Building Standards Portal: www.edinburgh.gov.uk/planning.

If you require further information about this application you should contact the following Principal Planner, Helen Martin, [email protected], 0131 5293517

If this application is not identified on the agenda for presentation and you wish to request one at the Committee meeting, you must contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting. Contact details can be found in the Committee agenda papers.

7 Appendix A ·EDINBVR.GH· THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Planning Permission Application Address: West Princes Street Gardens Princes Street Edinburgh

Proposal: The proposal is for the temporary location of a self-supporting 53 metre giant observation wheel with up to 42 fully-enclosed and air-conditioned capsules, two ticket booths and a control booth (housed on the platform of the wheel). Reference No: 12/00696/FUL

Consultations, Representations and Planning Policy

Consultations

BAA Aerodrome Safeguarding

The proposed development has been examined from an aerodrome safeguarding perspective and does not conflict with safeguarding criteria. We, therefore, have no objection to this proposal.

Network Rail

Whilst Network Rail has no objections in principle to the proposal, our Asset Protection Engineers do have concerns with regards to the access! egress into the proposed site with the components of the observation wheel and the large plant which will be required during the construction/ de construction phases.

It would appear that the only access route/s to the site would include the utilisation of Overbridge 90/001C which is weight restricted at 11tonnes MGW and/ or above the Haymarket Tunnels through St Cuthbert's/ West Church burial grounds. The eastern portal sections of Haymarket Tunnels run at shallow depth below St Cuthbert's! West Church burial grounds and buildings and are of a cut and cover construction with only made ground above, so there is no structural bearing capacity. Our engineers also have concern in respect of potential voiding behind the tunnel side walls at this location. It has been indicated by the applicant that there may be a desire to track a large crane (circa 58 Tonnes) over the tunnels and this does cause our Tunnels Engineers concern.

In respect of the above, the applicant will have to provide full details of all proposed plant! transport movements, specification of vehicles, detail of loads, gross axle weights, etc to our Asset Protection Engineers.

8 Construction works must also be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Details of the operation of mechanical plant in proximity to the rail line must be submitted to Network Rail's Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a fail-safe manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a possession which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks.

Scottish Natural Heritage

I note that the wheel will be located close to Arthur's Seat Volcano SSSI, but do not anticipate any natural impacts upon the SSSI. As such we have no comments to make on this proposal.

Transport Planning - Development Control

I have no objections to the application subject to the following condition being applied.

Should planning permission be granted a method statement to be submitted detailing access and construction details including traffic management methods on adjacent roads taking account of Tram infrastructure works.

Informative

The City of Edinburgh Council acting as Roads Authority reserve the right under Section 93 of The Roads (Scotland) Act 1984 to adjust the intensity of any non adoptable lighting applicable to the application address.

Services for Communities - Environmental Assessment

The application proposes the temporary location of an observation wheel and ticket booths in West Princes Street Gardens. The various environmental issues which fall within the remit of this Department can be dealt with at the licensing stage.

Environmental Assessment would offer no objections to this proposed development.

Archaeology

Further to your consultation request I would like to make the following comments and recommendations concerning this application for temporary location of a self-supporting giant (53m) observation wheel and associated booths.

The size of the wheel will undoubtedly have a significant impact upon the setting of this section of the World Heritage site and surrounding historic

9 buildings and monuments. However given that the application is for a limited temporary period this impact is considered to be acceptable. In terms of its physical impact upon the sites important buried remains, confirmation by the applicants that no ground breaking is required during the construction and use of the wheel indicates that there are also no archaeological implications upon this resource.

No objections

Historic Scotland

The observation wheel is proposed to be sited at the western end of West Princes Street Gardens, a site with many nationally important heritage assets in the immediate vicinity. Your council have specifically asked for our view on the impact on Edinburgh C{lstle, a scheduled ancient monument in the care of Scottish Ministers. However, we have also considered the proposed development more widely on our other statutory historic environment interests:

• New Town Gardens, within the Inventory of Gardens and Designed Landscapes in Scotland.

• The proposed site is adjacent to several Category A listed buildings, including St Cuthbert's Church of Scotland, St John's Episcopal Church and the Ross Fountain.

Edinburgh Castle, located at the heart of Scotland's capital city, plays a leading role as the symbol, not only of the city, but of the nation and is of considerable cultural significance. The wheel's size and proximity to the castle will impact on the appreciation of this iconic and historic landmark. The historic skyline at this location, viewed within the gardens and in longer views, will be interrupted. The importance of the castle, castle rock and the spire of St John's is highlighted in your council's 'Protection of key Views' planning guidance note.

The castle is one element of a wider, and equally iconic, composition of structures and open spaces at this location. The gardens are framed by built elements with features within, such as the Ross Fountain and the nearby bandstand. These features are at a very much smaller scale. As with the castle, the composition can be viewed from many locations in the immediate vicinity and in longer views, including Waverley Bridge, North Bridge and Cafton Hill. Therefore, the wheel will dominate views of the Category A listed buildings mentioned above and visually disrupt the relationship these buildings have with each other and the gardens.

In conclusion, we consider that the proposed wheel will have a significant and adverse impact on the setting of the New Town Gardens, Category A listed buildings and the scheduled Edinburgh Castle. However, in view of the short temporary nature of the proposals we are not objecting to the application as it currently stands. Should there be calls to significantly increase the period of

10 time the wheel is sited in the gardens, or indeed to make the wheel a permanent structure, then we would have to reassess this view.

We would request, at this stage, the dates for the temporary consent period are clearly fixed (we anticipate these will be around April to August as stated with the application) and an appropriate planning condition is applied to ensure removal afterwards.

Notwithstanding our comments above, we confirm that your Council should proceed to determine the application without further reference to us.

Edinburgh World Heritage Trust

Thank you for seeking the view of Edinburgh World Heritage on the impact and relationship of this proposal on the Outstanding Universal Value of the World Heritage Site. EWH was not involved in early discussions regarding the proposal.

The aspects of OUV which the application touches on relate its proposed location within the Waverley Valley, which forms a critical pause in the city, emphasising the juxtaposition between the Old and New Towns (Management Plan 2011-16,3.18).

The juxtaposition is viewed as essential to the understanding of the international importance of the city, as there are other cities around the world with classical 18th and 19th century areas as well as mediaeval cores, but none stand in such extraordinary and dramatic contrast to one another as here in Edinburgh. Consequently the valley plays an important part in the integrity of the site (Management Plan 2011-2016,3.18). These points are expanded on in paragraph 4.6 of the Management Plan, as well as in the earlier, 2005 Management Plan for the WHS.

The proposed location of the giant Ferris Wheel represents something of a lost opportunity in terms of the duty to ensure the broad public awareness of the OUVofthe site (Article 27 of the World Heritage Convention). However, with careful thought, an alternative location (such as the Meadows or Inverleith Park) could serve to fulfil this role, giving visitors an understanding of the drama and excitement that the mixture of architecture and topography bring to the city centre and World Heritage Site, while also encouraging greater exploration off the well worn tourist path and spreading the benefits of tourism.

11 Representations

The application was advertised on the 09 March 2012. Six letters of representation has been received from two amenity body's, a residents association, a community council and two members of the public objecting to the proposals on the grounds of:

1. Visual amenity. (addressed in section (b) of the assessment)

Full copies of the representations made in respect of this application are available in Group Rooms or can be requested for viewing at the Main Reception, City Chambers, High Street.

Planning Policy

The Edinburgh City Local Plan identifies the site as falling within the 'Central Area'.

The site is located within a 'Historic Garden', the New Town Conservation Area and the World Heritage Site.

Relevant Policies:

The New Town Conservation Area Character Appraisal states that the area is typified by the formal plan layout, spacious stone built terraces, broad streets and an overall classical elegance. The buildings are of a generally consistent three storey and basement scale, with some four storey corner and central pavilions.

Relevant policies of the Edinburgh City Local Plan.

Policy Des 3 (Development Design) sets criteria for assessing development design.

Policy Ret 6 (Entertainment and Leisure Developments - Preferred Locations) identifies the Central Area, Leith & Granton Waterfronts and town centres as the preferred locations for entertainment and leisure developments.

Policy Ca 1 (Central Area) sets criteria for assessing development in the Central Area.

Policy Des 10 (Tall Buildings) sets out criteria for assessing proposals for tall buildings.

Policy Env 1 (World Heritage Site) protects the quality of the World Heritage Site and its settings.

12 Policy Env 3 (Listed Buildings - Setting) identifies the circumstances in which development within the curtilage or affecting the setting of a listed building will be permitted.

Policy Env 6 (Conservation Areas Development) sets out criteria for assessing development in conservation areas.

Policy Env 7 (Historic Gardens & Designed Landscapes) establishes a presumption against development that would be detrimental to Historic Gardens and Designed Landscapes.

Policy Env 14 (Sites of National Importance) identifies the circumstances in which development likely to affect Sites of National Importance will be permitted.

Relevant Non-Statutory Guidelines

Non-statutory guidelines on 'HIGH BUILDINGS AND ROOFSCAPE' supplement local plan policies on building height and roof design, and provide policy guidance on these matters.

Non-statutory guidelines The Protection of Key Views guideline aims to safeguard public views to those features which define Edinburgh's character. In order to achieve this, a number of key views have been specifically identified for protection. View cones for each key view have been separately defined. The impact of any proposed development on a key view will be assessed in terms of its effect on the view. While there will be a presumption in favour of protecting the views, it is recognised that the Edinburgh skyline has been formed by generations adding to and evolving the skyline. Positive additions to the skyline tend to be elegant and slender - spires and towers.

Non-statutory guidelines on the 'SETTING OF LISTED BUILDINGS' supplement local plan conservation and design policies, providing guidance for the protection and enhancement of the setting of listed buildings.

Non-statutorY guidelines Non-statutory guidelines THE OLD AND NEW TOWNS OF EDINBURGH WORLD HERITAGE SITE MANAGEMENT PLAN supplements Edinburgh City Local Plan policies relating to conservation and design and seeks to assist in preserving the Outstanding Universal Values of Edinburgh's World Heritage Site and to ensure that changes complement and enhance those Outstanding Universal Values.

The New T own Conservation Area Character Appraisal states that the area is typified by the formal plan layout, spacious stone built terraces, broad streets and an overall classical elegance. The buildings are of a generally consistent three storey and basement scale, with some four storey corner and central pavilions.

13 Appendix B ·EDINBVRGH· THE CITY Of EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Planning Permission Application Address: West Princes Street Gardens Princes Street Edinburgh

Conditions/Reasons associated with the Recommendation

It is recommended that this application be Granted by Committee, subject to the conditions, reasons and informatives stated below.

Conditions:- f 1. The structure shall be removed by 07 November 2012, and the land fully reinstated to its pre-existing condition as soon as practicable thereafter, and in any case by 30 November 2012.

Reasons:-

1. In order to retain and/or protect important elements of the existing character and amenity of the site.

Informatives

It should be noted that:

1. As agreed by Direction, consent shall be limited for a temporary period from 18 April 2012 until the 31 October 2012.

2. Details of the operation of mechanical plant in proximity to the rail line must be submitted to Network Rail's Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a fail-safe manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a possession which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of20 weeks

14 3. The City of Edinburgh Council acting as Roads Authority reserve the right under Section 93 of The Roads (Scotland) Act 1984 to adjust the intensity of any non adoptable lighting applicable to the application address.

End

15 Appendix C ·EDINBVRGH· THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Planning Permission Proposal: The proposal is for the temporary location of a self-supporting 53 metre giant observation wheel with up to 42 fully-enclosed and air-conditioned capsules, two ticket booths and a control booth (housed on the platform of the wheel). Reference No: 12/00696/FUL

Location Plan Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil. proceedings. Licence Number 100023420 The City of Edinburgh Council 2005.