Agenda Item No: 3 Wolverhampton City Council OPEN DECISION ITEM
Committee / Panel PLANNING COMMITTEE Date 19-JUL-05
Originating Service Group(s) REGENERATION AND TRANSPORTATION
Contact Officer(s)/ ANDREW JOHNSON (Head of Development Control)
Telephone Number(s) (01902) 555610
Title/Subject Matter PLANNING APPLICATIONS
Recommendation
That Members determine the submitted applications according to the recommendation made in respect of each one.
PLANNING COMMITTEE (19-JUL-2005) INDEX
REFERENCE SITE ADDRESS PAGE NO
Graiseley 05/1002/VV/M Land to the West side of Raglan Street, 3
St Peters 05/0578/OP/M Wolverhampton Retail Core Expansion, 10 & land from Cleveland Street to Temple 05/0589/CA/C Street and
PLANNING COMMITTEE - 19-JUL-2005
APP NO: 05/1002/VV/M WARD: Graiseley;St Peters DATE 22-JUN-2005 TARGET DATE: 21-SEP-2005 RECEIVED: APP TYPE: Vary Condition(s) of Previous Approval
SITE: Land to the West side of Raglan Street, Wolverhampton PROPOSAL: Amendment of Conditions 3 and 34 of Outline Planning Permission 01/0052/OP to extend the period for the submission of reserved matters until 12 November 2007
APPLICANT: AGENT: Sainsbury's Supermarkets Ltd Turley Associates c/o Agent 25 Saville Row London W1S 2ES
REPORT:
1. Site Description
1.1 The application site consists of 9.7 hectares (24 acres) to the west of the St Mark’s Ring Road. The boundary of the site is defined by St Mark’s Ring Road to the east, Raglan Street and St Mark’s Road to the north, Great Brickkiln Street to the south and the rear curtilages of properties fronting Lord Street to the west. The site is generally occupied by large single storey industrial type buildings. The site also contains a number of open areas utilised for car parking and servicing. At the northern end of the site fronting Raglan Street is the locally listed Attwood building. A substantial number of buildings within the site are now vacant.
1.2 The application also includes the car park within the central reservation of the Ring Road and the markets parking and servicing area off Peel Street. A number of adopted highways are included within the application site. These include Stephenson Street, Alexander Street, Herrick Street, Stanhope Street and St Mark’s Street. The main access points into the area are via Raglan Street and Great Brickkiln Street.
Page 3 1.3 To the south of the site is an established residential area containing multi storey flatted development. Adjacent to the access to the site is a three storey warehouse in multiple use known as Eagle Works. To the west of the site are a number of residential properties, the Welsh Presbyterian Church and the recently completed residential development on the site of Sheldon House. To the north of the application is the former St Mark’s Church, a Grade II Listed building and occupied as offices. St Mark’s Road is stopped up to vehicular traffic before its junction with Lord Street.
2. Planning History
2.1 The mixed use retail and residential development of the site (reference 01/0052/OP). This application consisted of a mixed use development comprising retail uses (A1,A2,A3), Residential (C3), Leisure (D2), car parking, access and associated works.
2.2 The application was considered by the Council’s Planning Committee at its meeting on 9 October 2001. It was resolved to give delegated authority to the Chief Planning Officer to grant conditional planning permission subject to signing an undertaking under Section 106 of the Town and Country Planning Act. The decision was also subject to the Secretary of State not wishing to call in the application.
2.3 The application included an environmental statement as required under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999.
2.4 The superstore would be on the west side of the Ring Road and adjacent to the realigned Ring Road St Mark’s and Brickkiln Street. The application provided for the movement of the ring Road some 15-20 metres closer to the City Centre. The housing units would be mostly flats above the superstore and above the shops on the Raglan Street frontage. Further private flats would be provided fronting St Mark’s Road. The area of the site is identified as very sheltered housing.
2.5 A number of revisions are proposed to the road network. This includes a new pedestrian crossing across the Ring Road between the development site and the Markets area. Alterations will be made to the Chapel Ash/St Mark’s Road/Raglan Street junction to provide a new arrangement enabling Raglan Street to be made 2-way. Traffic signals would be incorporated on the side access onto Great Brickkiln Street. New signals would be provided on the Penn Road/Lee Road junction with provision for a right turn movement out of Lea Road. New traffic signals would be provided on the Ring Road St Mark’s/Great Brickkiln Street junction to allow for pedestrian and cycle crossing facilities. Other alterations are proposed at the Chapel Ash roundabout and Penn Road roundabout. It would also allow for the reopening of St Mark’s Road to the east of Lord Street to vehicular traffic in the westbound direction,
Page 4 with the associated closure of St Mark’s Road to the west of this junction.
2.6 The planning application was subject to a Section 106 unilateral obligation. This secured the following benefits:
• The provision of land for a very sheltered housing scheme. • Provision of variable message signage. • Public art. • Open space and public realm improvements. • Traffic calming measures in Aspen Way, Great Brickkiln Street, Lord Street and the installation of speed cameras on the Ring Road between Penn Road and Ring Road St Mark’s.
The application was referred to the Secretary of State in accordance with the Shopping Direction. The Secretary of state decided to call in the application for his own determination. Following a Public Inquiry in May 2002 the Secretary of state finally granted planning permission in November of that year. The planning permission was in outline with siting and access to be considered at the time. Conditions were imposed requiring reserved matters to be submitted within three years.
3. Application Details
3.1 The application is made under Section 73 of the Town and Country Planning Act 1990. It seeks to vary Condition 3 (which required the approved of reserved matters within three years of the date of the permission) and 34 (requiring details of the public open space including ramps and retaining walls to be submitted for approval within three years of the date of the permission) to allow for a longer period for submission of reserved matters. The application asks for the period to be extended for a further two years, that is up to November 2007.
3.2 An application under Section 73 of the Act to vary time periods for submission of reserved matters allows the Local Planning Authority to revisit the whole planning permission. As a result it is possible to vary planning conditions etc which were imposed at the time.
Page 5 4. Relevant Policies
4.1 As a major application a significant number of the adopted Unitary Development Plan Policies are relevant to the proposal. However, in terms of this particular application the following are considered to be the key policies:
S1 – Shopping Strategy S2 – Wolverhampton Town Centre S7 – Large Scale Out of Centre Retailing S8 – Large Out of Centre Retail Stores ENV2 – Design Standards TC1 – Main Shopping Area TC4 – Food Stores TC5 – Large Non Food Retail Warehousing TC6 – General Policy TC15 – Industrial Business (Employment) Areas
Since the Secretary of State’s decision to grant planning permission for the Raglan Street site the Council has produced a Revised Unitary Development Plan. The site is identified in the Revised Deposit UDP as development of a high quality mixed use scheme at Raglan Street including a retail food store, bulky comparison retail uses, housing and leisure with strong links to the primary shopping area.
4.2 Other policies of relevance in the Revised Deposit UDP include:
SH1 – Centre Strategy SH2 – Centre Uses SH3 – Need and the Sequential Approach SH4 – Integration of Development into Centres SH5 – Wolverhampton City Centre SH11 – New Retail Development Comparison Goods SH12 – New Retail Development Bulky Comparison Goods SH13 – New Retail Development Food Stores Policy CC1 – City Centre Shopping Strategy Policy CC2 – City Centre Business and Employment Policy CC3 – City Centre Housing Policy CC4 – City Centre Environment.
4.3 Since the decision of the Secretary of State to grant planning permission Government guidance in the form of PPS1 and PPS6 has been produced.
5. Publicity
5.1 Site and Press Notices have been posted. The expiry date for the publicity is 25 July 2005. All residents originally notified have been re- notified about the proposed changes to Conditions 3 and 34.
Page 6 5.2 One letter has been received from an occupier of an existing commercial premises, located close to the application site, at the junction of Alexander Street and Great Brickkiln Street, expressing concern about major delay in the development of the site that would increase the rate of damage to the property that they occupy.
6. External Consultees
6.1 Centro – No objections
7. Internal Consultees
7.1 Environmental Protection – No objections
8. Appraisal
8.1 The key consideration in this case is whether the circumstances have changed materially since the grant of planning permission by the Secretary of State which would weigh against extending the lifetime of the planning permission.
8.2 The most significant change in circumstances since the granting of planning permission for this important retail development is the publication of PPS 6 ‘Planning for Town Centres’ in March 2005. The new policy guidance seeks to emphasise the importance of focusing town centre uses and developments within town centres in the interests of sustainability.
8.3 It is stated in Para 1.3 of PPS 6 that the Government’s key objective for town centres is to promote their vitality and viability by a) planning for the growth and development of existing centres and b) promoting and enhancing existing centres, by focusing development in such centres and encouraging a wide range of services in a good environment, accessible to all.
8.4 In paragraph 3.4 it is stated that in the context of development control and subject to appropriate policies, local planning authorities should require applicants to demonstrate: -
(a) the need for the development (b) that the development is of an appropriate scale (c) that there are no more central sites for the development (d) that there are no unacceptable impacts on existing centres (e) that locations are accessible.
Page 7 8.5 The need for this development was explored in respect of the existing consent for which an extension to the life of the planning permission is now being sought. The site has been identified in the UDP Review document on which an Inspector’s report is anticipated shortly. Whilst this is an edge-of-centre site, situated on the south side of the Ring Road, it will make a significant contribution to the Regeneration of the City of Wolverhampton. In particular, it will assist in drawing customers through to the markets area to the north of the Ring Road.
8.6 The redevelopment of this brownfield site close to the City Centre, will assist with the physical regeneration of the City of Wolverhampton. Employment opportunities will be created in a deprived area of the City. This mixed use development will increase the attraction of the City Centre. Whilst this is an edge-of-centre site, it is well-connected to the Centre and indeed this connectivity will be enhanced by the implementation of the scheme.
8.7 There exists no sound planning reason to reject the extension to the life of the planning permission and indeed there will be positive benefits to the Regeneration of the City arising from the implementation of the development.
9. Recommendation
9.1 Delegated authority to the Chief Planning & Highways Officer to grant planning permission to extend the time period for implementing the planning permission subject to the expiry of the publicity period.
Case Officer : David Onions Telephone No : 555631 Head of Development Control - Andy Johnson Chief Planning & Highways Officer - Costas Georghiou
Page 8 Planning Application No: DCSW/05/1002/VV/M Location Land to the West side of Raglan Street, Plan Scale 1:2500 National Grid Reference so 390948 298301 Plan Printed 11-JUL-2005 Application Site Area 97235.063
Page 9 PLANNING COMMITTEE - 19-JUL-2005
APP NO: 05/0578/OP/M WARD: St Peters; DATE 15-APR-2005 TARGET DATE: 15-JUL-2005 RECEIVED: APP TYPE: Outline Planning Permission
SITE: Wolverhampton Retail Core Expansion, land from Cleveland Street to Temple Street and Snow Hill to Victoria Street/Worcester Street PROPOSAL: Outline consent with siting and means of access only submitted in detail for demolition, conversion and redevelopment of buildings to provide a mix of uses comprising shops, financial services, restaurants, drinking establishments, take-away's, leisure, residential, car parking, public spaces and ancillary uses (use classes A1, A2, A3, A4, A5, D2 and C3)
AND
APP NO: 05/0589/CA/C WARD: St Peters; DATE 15-APR-2005 TARGET DATE: 10-JUN-2005 RECEIVED: APP TYPE: Conservation Area Consent
SITE: Land bounded by Bell Street, Victoria Street, Worcester Street, Temple Street and Cleveland Passage, Wolverhampton PROPOSAL: Demolition of various buildings and structures at the rear of 25 - 36 Victoria Street and 1 Cleveland Street, 20 - 22 Worcester Street and 36, 36A Temple Street, in connection with outline planning application 05/0578/OP/M for the 'Wolverhampton Retail Core Expansion'
APPLICANT: AGENT: A M Development UK Ltd Donaldsons 48 Warwick Street London W1B 5NL
REPORT:
1. Site Description
1.1 The site is within Wolverhampton City Centre and is shown on the attached site plan. It mainly consists of three urban blocks, or parcels of land that connect together.
Page 10 1.2 Within the block bounded by Cleveland St, Snow Hill, Temple St and Summer Row are a collection of existing buildings and uses. These include the Netto supermarket and the Council archives (and local studies facility) in a two storey building on Snow Hill (the former Rackhams department store built in the 1960’s), the Rubicon Casino on Temple St and three storey properties on Cleveland Street. These buildings are mainly occupied by independent traders and restaurant uses, and include a Regency building of some conservation interest that is currently a Balti restaurant. There are large areas of surface car parking, including an NCP car park accessed from Temple St and 23 disabled parking spaces for the Council’s Shopmobility service accessed from Cleveland St.
1.3 The square shaped block bounded by Cleveland St, Summer Row, Temple St and Worcester St includes the two storey Victorian terrace of shops in the Worcester St Conservation Area. To the rear of these properties are a mix of buildings, including a large warehouse building and Cleveland Court, a modern three storey development. The uses in this block include a mix of shops, services, offices and hot food uses. In addition there is an existing church (the All Nations Christian Centre) on the corner of Temple St and Summer Row.
1.4 The third block is bounded by Cleveland St, Bell St and Victoria St, but also extends across Bell St beyond St John’s Arcade to include a small part of the Mander Centre. Cleveland Passage runs north to south through part of this block. There are three storey Victorian shops on Victoria St that form part of the Worcester St Conservation Area. A row of modern shops faces Cleveland St and shops face either side of Bell St. Also on Bell St is the Council owned Neville Garratt Centre.
1.5 To the north of the site are the Mander and Wulfrun shopping centres. To the west is the new Market Square. To the north-east is the listed Central Library building and the Learning Quarter, with the Metro terminus on Bilston St. To the south is St John’s Square and the listed St John’s Church.
1.6 There are no Listed Buildings on the site. The properties fronting Worcester St and Victoria St are part of the Worcester St Conservation Area. Opposite the site on the south side of Temple St is the St John’s Conservation Area. To the south of Cleveland St the site is within the St John’s Urban Village.
1.7 The gradient across the site from east to west is significant, a fall of approximately 11 metres from Snow Hill to Victoria St.
2. Planning History
2.1 There have been a large number of planning applications mostly for minor works and changes of use relating to properties within the site.
2.2 04/1884/FP – Rubicon Casino, 56-58 Temple St Installation of a suspended floor creating an additional floor area of 800 square metres. Withdrawn 20 Dec 2004. Page 11 3. Applications Details
3.1 The planning application is outline with siting and means of access only submitted in detail. The applicant has specified that the submission includes siting of building blocks, means of access, land use distribution (as contained within the Environmental Statement) and maximum building heights (as shown on roof plan). The following documents accompanied the application:
• Environmental Statement • Design Statement • Planning Statement • Retail Impact Assessment • Transport Assessment • Access Statement • Statement of Stakeholder Involvement
3.2 The proposal involves the redevelopment of the site to provide a mix of uses comprising retail, leisure, residential, car parking, Shopmobility, public open spaces, public toilets, a new highway layout and public transport facilities.
3.2 The proposed maximum floorspace (gross external area in sq.m.) by land use is:
New Build Retail (Class A1 and A2) 49,450 Unit based retail (31,430) Anchor 1 (9,895) Anchor 2 (3,065) Major Shop Units (4,805) Kiosks (255) Retail food and drink (Class A3 and A4) 2,040 Leisure (Class D2) 3,975 Residential (Class C3) 10,590 (50units minimum)
Conversion Retail plus food and drink (Class A1, A2, A3, A4, A5) 2,522 Residential 3,783
The conversion element accounts for conversions and refurbishments of existing properties in Victoria St and Worcester St.
3.3 Publicly Accessible Squares . The development includes two new squares. The northern most part of the site, adjacent to the Mander Centre and the “Lindy Lou” building, would provide a public square accessed from Victoria St by steps and a ramp. This landscaped pedestrian area would lead to a main retail street and onto another square between Cleveland St and Temple St. Due to sloping site levels escalators, lifts and stairs would rise to the main square. This second tree-lined square is intended for a range of outdoor activities and will have external seating areas.
Page 12 3.4 Main Retail Street . A two level curving street would link the two squares. Due to the sloping site both the upper level and the lower level are at ground level at opposite ends of the street At the upper level, this main street takes the form of two pedestrianised routes, set back behind colonnades on either side. These routes would be linked across the main retail street by four pedestrian bridges and would lead directly to the main square. . This main retail street would intersect with the newly pedestrianised Cleveland St.
3.5 Retail . A range of retail unit sizes are proposed along Victoria St, Worcester St, Temple St, Cleveland St, the two new squares and on different levels along the main retail street. In the southwest of the site an Anchor Store is intended for occupation by a Department Store. At the store entrance onto the curving corner of the main retail street it is proposed to erect a large glass open sided roof structure. A second anchor store would be located to the east of the site adjacent to Cleveland St, Snow Hill, Temple St and the new main square. The food and drink uses would be mostly centred around the main square. Occupiers would be encouraged to incorporate external seating. Kiosks would be located along Cleveland St and within the main public square.
3.6 Leisure . Leisure accommodation would be provided on two levels above the second anchor store between Snow Hill and the new main square. At this outline planning stage the specific use of the leisure building is not fixed, however, uses could include a multi-screen cinema.
3.7 Residential . A maximum residential floorspace of 14,737sq.m. is proposed. The accommodation would be centred around the main square within three blocks. The precise number of units has not been defined, although a minimum provision of 50 units has been assumed. Two residential blocks adjacent to Temple St would be located on two levels above the proposed retail units and centred around soft and hard landscaped courtyards. The third residential block, adjacent to Cleveland St would be located over three levels above the retail uses around landscaped courtyards. Access will be from Cleveland St and Temple St with secure and dedicated lobbies, stairs and lifts leading to each residential level, and will be in accordance with the latest Disabled Discrimination Act standards. A mix of studio, 1-bedroom and 2- bedroom apartments would be provided. 3,783sq.m. of residential accommodation would also be provided above the shops within the retained buildings on Victoria St and Worcester St. 20% of the total residential provision would be allocated to social affordable housing (to be provided by a housing association).
3.8 Parking and Shopmobility . A two level car park is proposed beneath the main square in the east of the site. Approximately 800 parking spaces would be provided, with an allocation of 38 disabled spaces, including 23 Shopmobility parking spaces (incorporating the relocation of the 23 existing Shopmobility spaces currently located on Cleveland St). Parent and child spaces will also be incorporated. Vehicular access and egress to the car park would be provided via Temple St. At the lower parking level pedestrian access would be afforded by a direct entrance located at the eastern terminus of the lower ground main shopping street. At the upper parking level, pedestrian access would be provided to the main Page 13 square via a centrally located atrium space. A new Shopmobility unit is proposed on Cleveland St with a joint set down area and taxi rank also on Cleveland St. There would be level access to the car park from the adjacent Shopmobility unit. The Design Statement commits to meeting “the highest design standards currently used in public car park design”. This will include bright wall, floor and ceiling finishes, all colour coded, full CCTV coverage for security, good/clear signage, well defined parking areas for Shopmobility users and disabled drivers. Cycle stands will be located at each major entrance point to the scheme.
3.9 Highway Works and Servicing . The proposals involve the partial closure of Cleveland St to vehicular traffic, from the Victoria St/ Worcester St junction to Bell St. The retained part of Cleveland St, accessed from Snow Hill and Bell St would provide access for the servicing of the Wulfrun and Mander Shopping Centres, access to the Mander Centre car park and the development. It is proposed to create a “pedestrian friendly” environment and give pedestrians priority between the Wulfrun and the new square. Temple St would be widened to accommodate two- way traffic, two new bus stops and wider pavements. Two service areas would be located off Temple St. There will be a pedestrian route leading from the main square, across Temple St to Bond St and the St John’s Square beyond.
3.10 Building Materials . The proposed elevational treatments and building materials are reserved for future consideration. However the applicant states that “external materials would be chosen to complement and add quality to the development and its surrounds. For example, the use of natural stone, finely detailed brickwork, renders and timbers could be used to ensure that each development block is distinctive and is broken down in scale. The use of glass canopies, colonnades and external lighting features would also be considered.”
3.11 Landscaping . As above formal landscaping is reserved for future consideration. The applicant states that “landscaping may include the use of natural and synthetic paving finishes, appropriate street furniture, and seating, and the planting of semi-mature trees in appropriate locations such as the new squares”. The design statement clarifies that the main square will incorporate good quality public seating, in addition to that provided by adjacent restaurant uses. The design statement adds that “good quality external lighting, differing in design in each location, with CCTV coverage will ensure safety remains a high design priority”.
3.12 Public conveniences are shown on Cleveland St close to the junction with Victoria St/ Worcester St and will include separate disabled, parent and child and baby changing.
3.13 The applicant states that the “key aims of the development include:
• regeneration of a key city centre site; • improvement of Wolverhampton’s competitiveness through strengthening of its retail and leisure core; • development of a viable mixed-use scheme that will blend with the surrounding urban fabric, enliven the site, promote variety and opportunities for people living, working and visiting Page 14 Wolverhampton; • provision of pedestrian routes through the site allowing for better permeability within the site and greater connectivity to destinations outside of the site, and the provision of views through, in and out of the site, • provision of public open spaces creating an attractive and safe environment with opportunities for enlivening ground floor uses; • creation of a residential quarter providing 24-hour activity and ownership of the site; • provision of adequate disabled access within and throughout the site; and • enhancement of the character and nature of the streetscape with particular reference to the Worcester Street Conservation Area and the site’s surrounding listed buildings.”
3.14 The Conservation Area Consent application identifies a number of structures and buildings to be demolished within the Worcester Street Conservation Area in the west of the site.
4. Relevant Policies
4.1 Wolverhampton’s current Unitary Development Plan including polices:
S1 Shopping Strategy S2 Wolverhampton Town Centre S13 Planning Standards H2 Development of Other Sites For Housing H7 Affordable/Social Housing H18 Planning Considerations R2 Open Space Provision C2 Provision of Community Facilities In New Development ENV1 Development Principles ENV2 Design Standards EN18 Preserving and Enhancing Conservation Areas ENV21 Protection of Archaeological Sites ENV22 Provision of Public Art TP5 Access and New Developments TP6 Park and Ride Facilities TP7 Strategic Highway Network TP14 Planning Standards TP15 Minimising the Effects of Traffic on the Community TC1 Main Shopping Area TC2 Prime Shopping Core TC6 General Policy TC9 Crèche and Play Facilities TC13 New Residential Development TC17 Key Opportunity Development Areas TC18 Uses in Key Opportunity Development Areas TC23 New Buildings TC24 Building Heights TC26 Upper Floors TC29 Public Spaces and Town Parks Page 15 TC30 Pedestrian Areas TC33 Provision of Additional Town Centre Car Parks TC35 Provision For Public Transport
4.2 Wolverhampton’s Revised Deposit Unitary Development Plan including policies:
D1 Design Quality D3 Urban Structure D4 Urban Grain D5 Public Realm (public space/ private space) D6 Townscape and Landscape D7 Height D9 Massing D10 Community Safety D11 Access For People With Disabilities D13 Sustainable Development D14 The Provision of Public Art HE4 Proposals Affecting a Conservation Area HE5 Control of Development In A Conservation Area HE26 Requirement For Archaeological Evaluation SH1 Centres Strategy SH5 Wolverhampton City Centre SH11 New Retail Development R7 Open Space Requirements for New Developments H6 Design of Housing Development H9 Open Space Requirements For Housing Developments H11 Affordable Housing AM1 Access, Mobility and New Development AM7 Travel Plans AM8 Public Transport AM9 Provision For Pedestrians AM10 Provision For Cyclists AM11 Park and Ride AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security CC1 City Centre Shopping Strategy CC3 City Centre Housing CC4 City Centre Environment CC5 City Centre Access and Mobility CC6 Shopping Quarter CC9 St John’s Urban Village
4.3 West Midlands Regional Planning Guidance (RPG 11) West Midlands Regional Economic Strategy
4.4 Government’s Planning Policy Statements and Guidance notes including: PPS1 “Delivering Sustainable Development” PPG3 “Housing” PPS6 “Planning For Town Centres” PPS11 “Regional Spatial strategies” PPG13 “Transport” PPG15 “Planning and the Historic Environment” Page 16 PPG17 “Sport and Recreation” PPS23 “Planning and Pollution Control” PPG24 “Planning and Noise”
4.5 Wolverhampton’s Cleveland Street Planning Brief
4.6 Wolverhampton’s Town Centre Action Plan New Planning Policy for Wolverhampton Town Centre Town Centre Action Plan – Review of Strategy St John’s Urban Village Design Guidance St John’s Village – Urban Village Framework
4.7 Wolverhampton’s Supplementary Planning Guidance notes: No 3 “Residential Development” No 1 “Access For People With Disabilities” No 16 “The Provision of Public Art” No 5 “Shopfront Design Guide” No 7 “Outdoor Advertisements and Signs”
4.8 Cleveland Street Final Developer Brief
5. Publicity
5.1 Following extensive publicity eleven written representations have been received.
5.2 A letter on behalf of White Mountain of 22 Worcester St object on the grounds of the lack of alternative relocation opportunities, lack of long term future for the shop, loss of repeat business and the possibility of long term blight as area awaits redevelopment.
5.3 A letter on behalf of T. J. Hughes Limited do not object to the general proposal for the city centre improvement but do object to the redevelopment of their existing Mander Centre store site. The letter states that the Council’s capacity studies undertaken in 1998 are now dated, the application site includes a larger area than is identified in the adopted UDP as a development opportunity, and the quantitative and qualitative need for the scale of development does not appear to have been done. It states that the existing store is an important element of Wolverhampton’s retail offer, is trading well, creates significant employment and the building is not obsolete. Also the existing store could be incorporated into the existing scheme without detriment to the wider redevelopment.
5.4 A letter from NCP (National Car Parks) objects on the grounds of loss of their Summer Row car park; scheme too large for Wolverhampton centre and alternative could be designed that would not require the redevelopment of their car park; disruption to the continuing trade of Wolverhampton’s existing retail offer; removal of car parks would damage centre’s appeal during development process, and adverse effects on vehicle circulation in long term.
Page 17 5.5 A letter on behalf of the Rubicon Casino on Temple St objects on the grounds of loss of employment unless they can relocate their business.
5.6 A letter from CAMRA (Campaign for Real Ale) objects to the demolition of a building on the corner of Worcester St and Temple St currently used as the White Mountain Shop. The building can be traced back to the 1860’s and it began its life and operated as the Oddfellows Public House until 1961. They state that the upper floors are virtually unaltered which makes it an important part of the history and heritage of the public houses of Wolverhampton. Any proposed modern retail unit built on the end of a row of old buildings on this site will, in their opinion, have a serious impact on the street scene.
5.7 A letter on behalf of Kengrove Investments Limited (a joint venture company formed by Kendrick Developments Limited and Citygrove) objects on the grounds the planning application should not have been registered by the Council, given that the application has been made in outline and not in detail, because of the strategic nature of the proposals and the complexities of developing a site adjacent to, and partly within, a Conservation Area. The letter states that the proposal is not an inspiring design or a high quality scheme. It states that the proposals fail to consider key urban linkages, such as the connections to St John’s Church and the Urban Village. Also the development brief seeks to ensue “lively frontages” along Temple St, which are not apparent in the submitted scheme. Also the provision of additional small units will conflict with the existing provision of similarly sized units within the existing retail core, to the detriment of the health and viability of the unit. They consider that the viability of the retail core expansion scheme is dependent upon the creation of a regional shopping destination, anchored by several larger units. They submit that the outline proposals do not address, in terms of floorspace and physical retail pitch, the specific retailer requirements necessary to strengthen Wolverhampton’s attractiveness as a major shopping centre in the national and regional hierarchy.
5.8 A letter from Silver Machine (Road & Racewear Specialists) of 12 Worcester St objects on the grounds of the outline nature of the application and a lack of parking. Also they are not persuaded that the scheme represents the best use of land in their ownership nor achieves the Council’s aim of a creating a high quality scheme. They are concerned about the uncertainty for employees and local businesses affected by the proposed development.
5.9 A letter on behalf of London & Cambridge Properties Limited, owners of the Wulfrun Shopping Centre objects on the grounds that the proposals do not include an appropriate direct pedestrian link between the first floor level of the Wulfrun Centre and the new scheme. Concern is expressed that the treatment of Cleveland St is not properly resolved. In their view it is critical that Cleveland St stays open as an east/ west pedestrian route and its design needs careful thought to ensure an attractive street, not a gloomy and unsafe corridor. Also they are concerned that the extent of servicing traffic will adversely affect the environment on Cleveland St. Also, in their view, the details provided with the application are not sufficiently clear for the Council to be able to Page 18 approve the siting of buildings and the means of access to the development.
5.10 A letter from “D.J. Heaven” objects on the grounds their premises are to be demolished and they are unable to find any other appropriate premises, also on the grounds of loss of employment.
5.11 A letter from “Khalil Opticians” of 22 Victoria Street objects on the grounds of the loss their existing business.
5.12 A letter on behalf of “Forbidden Planet” the occupants of 23 Victoria Street object on the grounds of outline application contrary to policy and guidance, inconsistencies with the adopted planning brief, the scheme fails to be of sufficient quality and proposal creates unnecessary uncertainty for existing occupiers.
6. External Consultees
6.1 Transco – no objection.
6.2 Wolverhampton History and Heritage Society – broadly support application. Archaeological surveys and excavations needed. Structures to be demolished should be recorded.
6.3 Central Networks – no objection.
6.4 National Grid – no objection.
6.5 West Midlands Police – welcome a major element in the continuing regeneration of Wolverhampton. The long term sustainability of the scheme will depend upon the safety and security of residents and visitors. Excellent lighting, clear sight lines and uncluttered streets are important. Recessed doorways must be avoided. Leisure facilities should aim to attract families and older people. Nightclubs would be a deterrent and fast food outlets should close at 10:00. The large expansion in the number of business and residents will inevitably significantly increase incidents requiring police involvement. As such the developer should finance the employment of additional PCSOs (Police Community Support Officers) and Police CCTV operators. “Secured by Design must followed in construction of scheme and the car park built and operated to “Safer Parking” standards. There is potential for congestion caused by queuing for car park. Are the servicing arrangements for delivery vehicles safe? Include detailed advice re bomb threat. Residential accommodation must only be accessible to residents. Perhaps it may be advisable to close the shopping area of the development at night. Security office required on site for private security staff. Need condition for CCTV system to be linked to the Incident Management Unit at Bilston police station. Planning conditions should ensure that the public toilets are attended at all times and attendant staff issued with radio link to police and panic alarm linked to security office.
Page 19 6.6 Dudley Metropolitan Borough Council – no objection. The Retail Impact Assessment demonstrates that the proposal is of an appropriate scale to the sub-regional retail function of Wolverhampton city centre. There will be some diversion of trade, most notably from Dudley town centre and Merry Hill but the level of turnover lost will not have a significant impact on either centre. The anticipated growth of turnover in both Dudley and Merry Hill up to 2010 would more than offset the trade lost through this development. 6.7 CEPOG (The West Midlands Local Authorities’ Chief Engineers & Planning Officers Group) – the proposal is considered to be in “General Conformity” with the Regional Planning Strategy as set out in Regional Planning Guidance for the West Midlands (RPG 11, 2004).
6.8 Wolverhampton History and Heritage Society – broadly support application. Archaeological surveys and excavations needed. Structures to be demolished should be recorded.
6.9 Advantage West Midlands – Wolverhampton is identified under Policy PA11 of the Regional Spatial Strategy as a centre identified as appropriate for retail and other investment. As such the scheme is apposite and the Agency wishes to raise no concerns over it.
6.10 West Midlands Regional Assembly (as the Regional Planning Body) – the application is in general conformity with the Regional Spatial Strategy.
6.11 Sandwell Metropolitan Borough Council – no objection. From the information provided, the impact of the scheme on Sandwell’s centres, particularly West Bromwich, would be insufficient to prejudice their vitality and viability.
6.12 The Wildlife Trust for Birmingham and the Black Country – no objection to the development of this site.
6.13 South Staffordshire Council – no adverse comments.
6.14 St John’s Urban Village Board – Members held a special meeting to consider The Retail Core Expansion Planning Application. Overall they were enthusiastic about the proposals and the mix of uses and unit sizes. There was concern expressed about the height of the proposed buildings on Temple Street. The Board also wish to ensure that the "link" through to Bond Street and the remainder of the Urban Village is strong, and that the design allows a suitable crossing at this point. They also expressed concern about the crossing point where Temple Street meets Snow Hill, which is already a difficult junction for pedestrians to negotiate. Comments were also made about the "open" nature of the new retail area. The Board members were keen on this design but would wish to ensure that enough consideration is given to security aspects to ensure safety and security of both the buildings and people at all hours of the day and night.
6.15 Centro – no objection in principle. The new traffic management system and road layout, particularly in relation to the entrance to the car park on Temple St should be designed to allow buses to pass through the area Page 20 without incurring delays. The costs of new bus infrastructure should be met by the developer. It should be a requirement for all occupiers of units to affiliate and participate in a Travel Plan. There should be good public transport information and signage at bus stops, the metro and rail stations.
6.16 Birmingham City Council – no objection.
6.17 Environment Agency – objects on the grounds that the application is not accompanied by a Flood Risk Assessment. Recommends standard conditions in relation to the investigation and remediation of ground contamination. Also recommends conditions in relation to the drainage of the basement car park and the dewatering of the site during construction.
6.18 Walsall Metropolitan Borough Council - Given that the proposal lies within the Wolverhampton City Centre Shopping Quarter and in the area defined for the Retail Core Expansion as defined in Wolverhampton’s Unitary Development Plan, and that Wolverhampton is defined as a strategic network centre in the Regional Spatial Strategy, they accept that the proposal accords in principle with planning policy. However, they are concerned at the potential impact on Walsall town centre in the context of Regional Spatial Strategy policy to promote a balanced network of town centres. They note that the amount of retail floorspace proposed (and allowing for the replacement of existing floorspace) equates approximately to the floorspace requirement up to 2011 set out in Wolverhampton’s emerging Unitary Development Plan. They are aware that this requirement has been reviewed by CB Richard Ellis (in work for Wolverhampton’s Unitary Development Plan inquiry), but it is to be further reviewed in relation to current work on the Black Country Study and regional centres studies. Having considered the retail impact assessment prepared by Donaldsons on behalf of the applicant and they have the following observations / concerns: 1. The impact on centres outside of Wolverhampton City has not been fully considered, in terms of consideration of the health of the centres. 2. The figures in the text differ from those in the quantified analysis. For example, there are differences re the turnover / floorspace ratios used, the turnover of the development, the amounts of trade diverted within the city centre compared with trade drawn from outside it and the amounts of trade diverted from other centres. 3. The turnover / floorspace ratios used appear to be rather low, for the anchors stores and for the other shop units. 4. Whilst the methodology used is reasonably transparent, the report recognises the impact on ‘high order’ centres is likely to be underestimated. It does not account for the likelihood that if Wolverhampton benefits from shopping development that makes it more attractive in relation to other centres it is likely to increase its trade draw from the margins of its catchment and possibly to extend its catchment area. This will particularly be the case if Page 21 ‘higher quality’ retailers are introduced and it should be recognised that if people are diverted from other centres to use such outlets they are also likely to use other comparison shops in Wolverhampton as well, rather than then using their ‘normal’ shops. This factor needs to be taken into account explicitly in the analysis and the split between trade diverted from within Wolverhampton and drawn from outside it needs to be justified more fully. 5. The assessment does not fully consider cumulative impact as it examines only a limited number of commitments within Wolverhampton and does not consider commitments elsewhere (e.g. in Birmingham, Sandwell and Lichfield) that will impact cumulatively upon centres such as Walsall. Such an omission is inconsistent with the assessment’s care to include commitments that should strengthen the centres affected. 6. The assessment does not consider the likely effects on investment within centres in any explicit way. It will be important to know whether investment in the centre of Wolverhampton will affect the levels and types of retailer interest that might affect lettings in centres such as Walsall.
They understand that Wolverhampton has commissioned CB Richard Ellis to examine the retail assessment that has been provided. They hope that CB Richard Ellis can take account of the points raised. They wish to be given the chance to consider the results and any response by Donaldsons before Wolverhampton comes to determine the application. They wish to have the chance to consider fully what the impact on Walsall is likely to be before a final decision is made and in the absence of the information to allow them to do this, they are making a holding objection to the application.
7. Internal Consultees
7.1 Property Management – Development Agreement with applicant being finalised on basis of scheme which combines redevelopment of properties; includes part of Mander Centre, with refurbishment of Worcester St/ Victoria St frontages. This includes for a number of Council owned properties, which it has been agreed with AM can form part of the scheme. If the planning consent is granted the Council would progress a resolution to make a Compulsory Purchase Order for all property interests necessary to acquire and assemble the site, subject to certain conditions being met by the applicant including completion of the Section 106 legal agreement.
7.2 Archaeology – a condition is required to ensure that the buildings are assessed to determine whether they are worthy of record ahead of and/or during demolition.
7.3 Environmental Services Noise – A scheme of acoustic double glazing and acoustically attenuated rapid whole house ventilation systems for the residential development should be submitted and agreed in writing. The residential Page 22 accommodation along Cleveland St should be designed so that only non-habitable rooms are located on the façade overlooking the service bay. Entertainment noise – mitigation measures to be agreed for each premises based on individual impact assessments. Noise from fixed plant – noise and vibration levels for fixed plant to be submitted and approved in writing. Further conditions are required to control noise levels during the demolition/ construction phase. Air Quality – There is likely to be a substantial increase in pollutant concentrations given that two way traffic and buses are to be reintroduced into Temple St. This may be significant for the purposes of designing whole house ventilation systems and the location of air intakes for the residential accommodation. The location of car park vents to be agreed in writing and should be as far as practicable from air intakes, openable windows and areas where there is general access. Contaminated Land – site investigations will be necessary to ensure no adverse effects from any contamination. Food and Occupational Safety – any ventilation systems installed to be submitted and approved in writing and should effectively control cooking odours, and should not cause nuisance from either noise or odour to occupiers of surrounding premises. Conditions are required regarding the storage of refuse in an appropriate manner prior to collection. Given that the development is for mixed use, then it is recommended that restrictions are put on concerning the time deliveries can be made to the commercial premises. The issue of vehicle movement to and from premises and within the car park and loading bays should be considered to ensure so far as is reasonably practical that pedestrians are segregated from vehicles. It is recommended that the number and location of taxi ranks is agreed with the Council.
8. Need for Environmental Impact Assessment
8.1 The applicant has undertaken an Environmental Impact Assessment to assess the effects of the proposed development. The Environmental Impact Assessment is reported in the submitted Environmental Statement. The Environmental Statement considers the environmental effects of the development during construction, and following completion. In addition, it proposes ways to prevent reduce and where possible offset any significant adverse effects on the environment. Such measures are known as “mitigation measures”.
8.2 The key environmental issues addressed are as follows.
• Socio-economics • Townscape and Visual Quality • Built Heritage • Transportation and Access • Noise and Vibration • Air Quality • Archaeology • Wind • Daylight, Sunlight and Overshadowing • Ground Conditions and Hydrology Page 23 • Ecology
8.3 Measures to avoid or reduce potential adverse environmental impacts during the demolition and construction phase would be undertaken throughout. This includes the implementation of a Code of Construction Practice, which would specify a range of measures to manage these impacts. The estimated project duration is 36 months.
8.4 “Mitigation measures” include the following.
• Control of noise, vibration and dust, for example, regularly cleaned hard standing for vehicles, wheel washing, screening of materials, sheeting of vehicles, road sweeping and window washing. • Best practice pollution prevention measures. • A construction traffic management plan. • Waste management and minimisation measures. • High quality hoardings to prevent public access and to provide information regarding project progress. • Signage for pedestrians and cyclists. • A dedicated Community Liaison Officer. • Environmental monitoring including site audits undertaken by an Environmental Manager reporting to the Council. • Scheme of archaeological investigation. • Efficient use of natural resources, for example, materials would be selected in accordance with the Building Research Establishment’s “Green Guide to Specification”. • Appropriate compensation of private interests within the site. • Good site management, maintenance and housekeeping to minimise visual intrusion. • Best Practice in restoration and improvement of the retained properties along Victoria Street and Worcester Street. • Recording of any features of historic interest prior to demolition or alteration. • Temporary structures to protect historic buildings. • Potential re-use of historic features and architectural embellishments from demolished buildings, for example stained glass windows of the All Nations’ Christian Centre. • Use of sympathetic materials in proximity to listed buildings and Conservation Areas. • Noise insulating thermal glazing for the proposed residential properties. • Canopy over service yard to screen unloading from residential properties. • Control of entertainment noise and fixed plant noise. • Screening between restaurants on main square with external seating to provide shelter. • Overshadowing of residential courtyards to be reduced as much as possible during the detailed design stage. • Best Practice in respect of the mitigation of ground and groundwater contamination. • Netting of potential nesting sites and survey for nesting birds prior
Page 24 to demolition. • Installation of nesting sites for birds (including black redstarts) and bats on new buildings.
8.5 The environmental statement concludes that “the main impact interactions are likely to result from visual intrusion, construction related noise and dust emissions. These effects however, will be lessened through the implementation of control measures, through a Code of Construction Practice”. It states that “beneficial cumulative effects are anticipated through additional employment opportunities and associated expenditure in the local economy during the construction phase and once the development is complete. Overall, the cumulative effects of the development would improve the vitality of the City Centre”.
9. Appraisal
9.1 The key issues are planning policy, urban design including community safety, transportation and accessibility including Shopmobility, the Conservation Area buildings, the proposed apartments and affordable housing, the proposed landmark building, public art, principles for the detailed design and landscaping, and toilet provision.
Planning Policy 9.2 The planning application is supported by a Retail Impact Assessment and Planning Statement. The Council have instructed consultants CB Richard Ellis to assess the scope, content, results and conclusions of the Retail Impact Assessment, and to advise the Council on whether the proposal satisfies existing and adopted national, regional and local planning policy as it pertains to retail and town centre issues.
In retail terms, the scheme will provide 35,559sq.m of net sales floor space, with net additional sales space amounting to some 27,438sq.m. once demolitions have been taken into account.
9.3 Planning Policy Framework The planning policy framework for the determination of the planning application is formed by national planning policy guidance largely in the form of PPS6 (2005), the Regional Spatial Strategy (2004), the adopted Unitary Development Plan (1993) and the Revised Deposit Unitary Development Plan (2004). In addition, the Council has produced a planning brief for the site which has been adopted as Supplementary Planning Guidance (2003), and has also adopted as Supplementary Planning Guidance the City Centre Strategy and Action Plan (2005). The status and relevance of these documents is set out below.
9.4 PPS6 (2005) PPS6 confirms the Governments commitment to promoting vital and viable town centres.
To deliver this commitment, PPS6 seeks to focus retail and leisure development within existing centres in order to strengthen, grow and where necessary regenerate them. New developments are also encouraged to take account of customers likely travel patterns and to Page 25 ensure that they are accessible by a choice of means of transport, including public transport, cycling and the car. In demonstrating compliance with these objectives applicants are required to address the following issues:
• the need for the development; • that the development is of appropriate scale; • that there are no more central sites available for development • that there are no unacceptable impacts on existing centres, and • that locations are accessible • that the implications for car use, traffic and congestion are acceptable
9.5 Regional Spatial Strategy (2004) The Regional Spatial Strategy identifies town and city centres as the drivers of the regional and sub regional economies, as being of crucial importance to the economic and social well being of the region, and to the achievement of a sustainable pattern of development. It advises that significant retail development should be targeted to town and city centres having regard to sustainability issues, and to assist in regeneration. In particular, Policy PA11 identifies a network of centres – including Wolverhampton – as the focus for major retail developments, large scale leisure and office developments, and other uses which attract large numbers of people.
9.6 Wolverhampton Unitary Development Plan (1993) The 1993 UDP remains the Development Plan for the site until such time as it is replaced towards the end of 2005.
Policies S1 and S2 recognise Wolverhampton City Centre as a sub regional centre at the top of the City’s hierarchy of centres. These Policies state that over the lifetime of the UDP, centres such as Wolverhampton should be the main focus of retail investment and proposals should seek to maintain or broaden its retail, service and other core functions.
The UDP identifies the majority of the site as a key opportunity development area subject to Policy TC17(2). This Policy recognises that the site has significant potential for development or regeneration and allocates it for comprehensive development that will incorporate a mix of uses. The majority of the application site is similarly covered by Policy TC18(2) which sets out the key elements planned for this area. These are the provision of short stay public car parking, shopping development – perhaps containing a small number of large units or extensions to existing large stores, refurbishment or redevelopment of small independent shops on the Worcester Street frontage, and leisure uses.
Site TC17/18(2) falls partly within and outside the defined Main Shopping Area. Policy TC1 advises that retail development should normally take place within or adjoining the main shopping area, and within this area the Council will encourage a selective expansion of shopping facilities in accordance with the strategic approach set out in
Page 26 Policies S1 and S2. Part of the application site, to the north, falls outside the boundaries of TC17/18(2) and includes Cleveland Street and a block bounded by Cleveland Street, Victoria Street, Bell Street and the Wulfrun Centre. This part of the application site falls entirely within the main shopping area and the Victoria Street and Cleveland Street frontages comprise part of the prime shopping core. Policy TC2 seeks to restrict non retail uses within the prime shopping core.
9.7 Wolverhampton Unitary Development Plan (Revised Deposit) (2004) The emerging UDP carries forward the underlying principle of the 1993 UDP in confirming the role of the City Centre as a key sub regional centre serving an extensive catchment area. Specifically, Policy SH1 states that uses serving a sub regional or city wide catchment will be encouraged to locate within the City Centre. Policy CC1 establishes two strategic priorities for the city centre shopping function, including to strengthen and create new development opportunities within the primary shopping area.
The application site falls within the shopping quarter (Policy CC6) and the city centre retail core expansion area (Policy CC6(a)(i)). Policy CC6 identifies the shopping quarter as the primary shopping area and states that it will continue to be the main focus for retailing activity and the attraction of investment to the city centre. As part of this, new shopping development in the core expansion area is identified as a key proposal.
9.8 Cleveland Street Planning Brief (2003) (hereafter the “Planning Brief”) The Planning Brief was prepared by the Council to provide guidance on the broad policy, development and design framework for the site. It was prepared against the background of adopted and emerging national and local planning policy guidance and has the status of Supplementary Planning Guidance.
The Planning Brief recognises that in spite of a number of investment schemes in the City over recent years, its status in the national and regional hierarchy of centres is falling. This declining status is explained by a number of long term trends:
• relatively little modern new large scale floorspace has been provided in the City centre since the 1960s • multiple retailers are looking for larger modern stores in fewer town centres, and Wolverhampton has been missing out on this investment • recently opened shopping development at Bull Ring in Birmingham, in Telford Centre, and proposed development at Martineau Galleries (also in Birmingham) and at Shannon’s Mill in Walsall indicates that the retail offer of other centres has improved and will continue to do so. • Stakeholder surveys indicating that there is reduced shopper satisfaction with the quality and choice of retailing in the City centre.
The Planning Brief establishes a comprehensive and ambitious set of objectives and a vision for the site. In summary, this framework recognises that the major expansion of the primary retail core forms a Page 27 crucial role in countering the trends established above. It will provide new opportunities for retailers not currently represented in the City, as well as the need for those retailers who currently occupy premises unsuited to their future needs. The Planning Brief is particularly significant. It states that development should accommodate uses which improve the City’s current offer, rather than having an adverse impact upon it; that it should facilitate the development of a department store; that it should create a cohesive development to improve linkages across the Centre, and that it should provide a high quality mix of uses. The Planning Brief also establishes a set of urban design considerations and implementation details.
9.9 City Centre Action Plan (2004) The Wolverhampton City Centre Strategy and Action Plan has been developed by the City Council, Advantage West Midlands, St Johns Urban Village and the Wolverhampton City Centre Company.
The Vision which underpins the Strategy seeks to establish the City as a principal City on the regional, national and international stage. In order to deliver this Vision, a number of themes are identified. The themes are intended to enable a comprehensive and integrated approach to be taken to the regeneration of the City centre. The strategy recognises that a major opportunity for the City is the proposed Retail Core Expansion, and notes that this will help to retain a significant degree of expenditure within the City which currently ‘leaks’ to competing centres such as Birmingham and Merry Hill.
9.10 Issues The planning policy framework described above establishes a coherent framework with which to determine the planning application. The main issues which this framework requires to be addressed are:
• Need • Scale • Impact upon existing centres • Sequential test • Accessibility
9.11 a) Need
Paragraph 3.8 of PPS6 establishes that it is not necessary to demonstrate the need for retail proposals within the primary shopping area or for other main town centre uses within the town centre. CB Richard Ellis have advised that while a small part of the site is located outside of the Primary Shopping Area, in the adopted UDP, the division of the site into two elements (one inside the Primary Shopping Area and one outside) is largely an artificial exercise, since the scheme will be integrated with the existing primary frontages at the heart of the retail core. In addition, the site falls within the primary shopping area as defined in the emerging UDP, which is at a comparatively advanced stage in the preparation process.
Page 28 This notwithstanding, CB Richard Ellis have assessed the proposed development against the capacity for additional floorspace calculated for the emerging Unitary Development Plan. In summary, this work estimates a quantitative need for additional comparison floorspace associated with the City centre of some 27 350sq m net at 2006, growing to 36 310 sq m at 2011. The net additional floorspace associated with the proposal of some 27 348sq m is of almost exactly the same order as the figure for 2006, and markedly lower than 2011.
In summary, CBRE have advised that notwithstanding that there is no firm policy requirement to demonstrate need in this case, they are satisfied that there is a need for the application proposals.
9.12 b) Scale
PPS6 formalises a new appropriateness of scale test. The emerging UDP does not explicitly establish an upper limit on the scale of development likely to be acceptable in particular centres. However, such a limit is implicit in the quantitative need figures established through the UDP review process, though these figures in themselves do not establish that all or a certain proportion of the requirement should be realised within a particular development or at a particular location. In this context, following advice from CB Richard Ellis, the Council have requested that the applicant explore this issue further, for example by considering how the development will compliment the role and function of the centre rather than supplanting it. Also requested is an assessment of demand as expressed through retailer requirements, as well as comments on the role and function of the centre relative to the wider hierarchy.
9.13 c) Impact
CB Richard Ellis have advised the Council that the elements of the Retail Impact Assessment concerned with impact have a number of shortcomings. On this basis, the Council have requested that the applicant provides further and more detailed assessment of the levels of trade diversion associated with the scheme as required by PPS6, and the implications of this for existing centres. This would be informed by, for example, evidence on how the scheme will be integrated within the City centre and its implications for movement, linkages and pedestrian flows. Equally, an assessment should be made in terms of how the internal impact within Wolverhampton will be realised, for example in terms of the key retailers affected and the potential for relocations.
9.14 d) Sequential test
PPS6 requires a sequential approach to site selection with the first preference given to locations within existing centres. For the reasons set out in relation to the test of need above, since the proposals are within the Primary Shopping Area in the Revised Deposit UDP, and it is not logical to separate the site into two elements to correspond to the adopted UDP notations, the proposals Page 29 are consistent with the requirements of the sequential test. Even if it not accepted that the site is located within the Primary Shopping Area, paragraphs 2.5-2.6 of PPS6 state that where extensions of primary shopping areas of town centres are proposed, they should be carefully integrated with the existing centre both in terms of design and to allow easy access on foot. It goes on to advise that larger stores may bring direct planning benefits for consumers and planning authorities should seek to make provision for them in this context. In such cases, local planning authorities should identify, designate and assemble larger sites adjoining the Primary Shopping Area. Effectively, this is the process that the Council have gone through in identifying the need for large scale retail development in the City centre, and in designating the application site in the adopted UDP, the Revised Deposit UDP, the Planning Brief and City Centre Strategy and Action Plan.
CB Richard Ellis have advised the Council that the proposals are fully compliant with the provisions of the sequential test.
9.15 e) Accessibility, Traffic, Congestion and Car Use
Given its town centre location and proximity to multi modal transportation facilities, the development is in a highly sustainable location for large scale retail development. However, the impact of the development upon movements within the catchment, and the shopping patterns which drive them cannot be properly assessed until additional information has been provided by the applicant in response to questions raised over impact.
9.16 Conclusions In principle, given its City centre location, the proposal is consistent with the objectives of national and regional planning policy. It is also largely consistent with the range of uses established for the site in the adopted and emerging UDP and the Planning Brief.
9.17 The applicant has prepared a Retail Impact Assessment which addresses the key planning policy tests of need, scale, impact, sequential test and accessibility. The Council have been advised by consultants CB Richard Ellis on the scope and content of this supporting information and the compatibility of the proposal with adopted and emerging planning policy. CB Richard Ellis have advised the Council that the development is likely to be acceptable in terms of the key policy tests of need and sequential test, though further information is required to fully consider these issues.
Urban Design 9.18 Linkages. A key objective of the Planning Brief is to “Promote development that is accessible, permeable and will generate strong pedestrian linkages and flows between the prime shopping area and St John’s Urban Village, and which is a well integrated part of the City Centre”. It states that: “By expanding the retail core onto the site, there is an opportunity to create a more circular pedestrian flow around the town centre from Dudley Street, through the existing centres and the development site areas, across the market and back up Victoria Street Page 30 to Beatties and Dudley Street. In order to achieve this however the following issues will need to be addressed: • Any new retail development in the Summer Row West area will need an extremely strong draw to successfully redefine the pedestrian routes and encourage pedestrians down the hill towards the market; • Pedestrian flow must be encouraged south along Victoria Street to the new anchor. This requires consideration to be given to the pedestrian environment on Victoria Street and in particular to the junction of Cleveland Street/Victoria Street/Salop Street; • To realise the full benefits to the City Centre, effective linkages (internal and external) with the Mander Centre and the Wulfrun Centre must be created. These connections could take place at upper level, via a bridge (similar to the existing one above Bell Street); and • The pedestrian environment on Cleveland Street will also need to be improved.”
9.19 It is considered that the proposed department store, the two level shopping street, and the two new squares will create a very strong draw that will attract pedestrians down Victoria St. The creation of the new square on Victoria St (in front of the “Lindy Lou” and at the entrance to the Mander Centre) involves the removal of Bell St and unattractive buildings. It will dramatically improve the pedestrian environment and the street scene in the area. The curving two level street will encourage pedestrian movement from Victoria St to the new main square. From the new main square there will be clear and easy choices; north to the Wulfrun Centre, south to St John’s square or east towards the Central library and Snow Hill. The layout would create an easy and convenient circuit that leads from Victoria St along the main curving shopping street, through the main square and then back up into the Wulfrun Centre towards Dudley St and the Mander centre. 9.20 The proposal does not provide an upper level bridge link to the Wulfrun Centre. It is considered that such a link would improve the scheme. However, there is a very clear connection from the centre of the Wulfrun directly south to the main square. The detailed design will be very important in this respect to ensure ease of pedestrian movement across Cleveland St. The layout establishes a clearly legible circuit that includes both the Mander and the Wulfrun Centre. Also, the two level street is crossed by Cleveland St making it possible to walk directly to the Wulfrun Centre. Despite the lack of an upper level bridge link, the layout proposed will create satisfactory linkages and is considered to be acceptable. 9.21 The pedestrianisation of the western end of Cleveland St is a clear benefit of the scheme. This will provide a direct link from the Market Sq to the scheme. The detailed design of the Cleveland St/ Victoria St/ Salop St junction will be important to ensure ease of pedestrian movement. It is also important that Cleveland St, as it passes through the scheme across the two level retail street remains physically and visually open to allow easy movement from the Market Sq to the Learning Quarter. Cleveland St is an important city street linking different areas of the City and this must remain open 24 hours a day. Page 31 This will also ease access to the residential lobby on Cleveland St and allow for means of escape in case of emergency. The eastern section of Cleveland St will carry traffic accessing the Mander St car park and service areas that will pass between the new development and the shops along the arcade of the Wulfrun Centre. The detailed design of the street must ensure that the environment is attractive and safe for pedestrians. To create an attractive and lively street scene it is also essential that the shop frontages facing onto Cleveland Street have shopfronts that allow clear views into the shops and have usable entrances to the shops. 9.22 The Planning Brief lists key urban design considerations including a high degree of permeability across the site: “the site should be well integrated into its surrounding area and include wide, well lit well surveyed and well populated linkages.” It is considered that the proposal achieves this objective, for example, there is a good direct link from the main square to Bond St. Shops face onto the link and there are residential properties above. 9.23 Sense of Place . Another key urban design issue in the Planning Brief is to create a sense of place: “the character and coherence of the buildings and the spaces between them should help to reinforce a sense of identity.” It is considered that overall the proposal will provide clear definition and a sense of enclosure for the proposed streets and public places. In particular the two new squares will have a satisfactory sense of enclosure and have the potential to become places of real character, which are also functional. To contribute towards creating a sense of place the development brief advises that “corner buildings should create visual turning points and/or landmarks, as appropriate.” The proposed anchor 2 building on Snow Hill is in a prominent position and has the potential to become a landmark building. On the corner of Temple St and Worcester St the existing buildings are to be demolished. The new buildings provide the opportunity to create an improved corner visually, (however an amendment is required to the upper floor plan – see 9.54). 9.24 Public Realm. To “provide a high quality public realm” is a key urban design issue in the Planning Brief. It is a key principle of the proposed development that it will provide an open streetscape of public streets and spaces. The proposed scheme deliberately moves away from the design of shopping centres that have turned their backs on the surrounding streets. As discussed above it is considered that the new squares and streets will provide good public spaces that will enhance the City’s image and help to change how it is perceived. It is necessary to maintain unimpeded public access to these public streets and spaces. In order to secure the unencumbered use of the public realm it is necessary to include a clause in the Section 106 agreement that gives citizens and visitors complete freedom to move along and use the proposed streets and squares. In particular Cleveland Street and its pedestrianised link to Worcester Street (linking to Salop Street and the Markets) should remain Public Highway with 24 hour access. The Cleveland St/Worcester St. link should also be a 24-hour access for emergency vehicles. All ground level pedestrian squares, malls and open spaces, including the link to Temple Street should have unimpeded 24 hour public access. All upper level malls/walkways should have unimpeded public access during opening hours as a minimum. Page 32
9.25 A key urban design objective of the Planning Brief is to provide continuity and active frontages to the existing streetscape, which reinforces the City centre built form. It states that “all buildings should face the public realm, with “active” uses on the ground floor.” The layout generally meets this objective by having buildings aligned with the streets surrounding the development and by proposing to have commercial units on the ground floor at the back of the pavements facing the public realm. However, it will be necessary to ensure that active frontages are maintained along all streets. It is particularly important to ensure that units along Temple St Cleveland St and Snow Hill have clear views into the shops on ground floor and shop entrances onto the streets, and that blank wall or inactive facades are avoided. It is appropriate that the proposed entrance lobbies to the residential schemes open out onto Temple St and Cleveland St. Two service bays open onto Temple St - during the detailed design phase it must be ensured that these do not dominate the frontages visually.
9.26 Heights and Massing. The height and massing of the new development is fairly low in the west side of the site to respect the existing buildings in the Worcester St Conservation Area. Greater height is achieved in the centre of the development due to the proposed residential development. This is appropriate to achieve a strong sense of place for the main square. The development along Temple St is considered to be compatible with its surroundings, particularly as Temple St is to be widened. The anchor 2 building is a large, higher building to create a landmark that relates positively to the relatively large space in front of it at the junction with Snow Hill and Cleveland St. The relationship of the proposed buildings to the spaces and buildings around them are considered to be acceptable.
9.27 Community Safety An aim of the Planning Brief is to provide “a safe and secure public realm”. In general the introduction of the mix of uses proposed and the connected streets discussed above will introduce a substantial increase in pedestrian activity into the area. This together with the dramatic improvements to the quality of the built environment should make the area feel much safer than it does at present, particularly in the evenings. The new main square should be a lively attractive place during the evening that hopefully will attract a wide range of customers of all ages to the proposed restaurants and adjacent leisure use. Concerns have been raised about how safe the two level retail street will feel when all the shops are closed. A disadvantage of this street is that the curve restricts visibility from one end to the other. It is essential that effective state of the art CCTV and security officers are employed to patrol the development including this area. It is appropriate that AM should provide finance through the Section 106 agreement to enable the employment by the West Midlands Police of additional Police Community Support Officers and Police CCTV operators.
9.28 Excellent lighting and uncluttered streets can be achieved through conditions and at the detailed design stage.
Page 33 9.29 The principles of the car park design in relation to security are considered to be acceptable. The details will need to be considered during the reserved matters design process.
Transportation and Accessibility 9.30 The Transport Assessment Report (TAR) submitted as part of the Planning Application, along with supplementary information provided by the Applicant, has been subjected to a comprehensive review. In general terms, the approach adopted by the Applicant is considered to be satisfactorily robust. Furthermore the strategy put forward for mitigating against the effects of the development on the transportation network is in principle, very welcome; it is considered that it has the potential to contribute substantially towards the overall objective of maintaining good access into and out of the retail core whilst not undermining the accessibility of other City Centre sites. There are however, a number of issues and concerns that remain outstanding. The following is a summary of the key issues.
9.31 Travel Demand A travel demand model has been developed by the Applicant to estimate the number of new trips that would be generated as a result of the development during the critical peak periods which occur on a Friday and Saturday; this will inform all subsequent transportation related considerations. It was considered that this model was not sufficiently robust and further model refinements to provide a more thorough assessment were requested. This work has been undertaken; however the TAR has not yet been up-dated to reflect the consequent increases in travel demand.
9.32 There is a general acceptance of the outputs from the refined travel demand model. However, the Applicant has been asked to test the sensitivity of the model to variations in certain core parameters; a response is awaited.
9.33 Parking The development proposals incorporate short-stay parking comprising of 741 all user parking bays, 16 disabled parking bays and 23 bays for Shopmobility customers. The car parking provision will be provided as basement parking located on two levels. The car park will be accessed via a priority junction off Temple Street
9.34 The level of new car parking being proposed is significantly lower than the maximum permissible for retail/leisure uses, as outlined in Planning Policy Guidance 13: Transport. Furthermore, the new car park does not in itself have sufficient capacity to accommodate the additional demand generated by the development.
9.35 The Applicant considers that the capacity shortfall could, and should, be met through the utilisation of spare capacity in all City Centre car parks. This is in line with Planning Policy Statement 6: Planning for Town Centres (PPS6). This strategy is considered acceptable on the provisos that; sufficient City wide spare capacity does in fact exist, and; that there is an effective strategy in place to ensure that excess demand is distributed to car parks with spare capacity. This would minimise traffic Page 34 queuing for, or touring in search of, the more attractive central parking spaces. At this stage the Applicant has not adequately demonstrated that either proviso has been satisfied.
9.36 The parking assessment provided within the TAR suggests that there will be no shortfall in parking provision on a Friday and a maximum shortfall of 101 spaces on a Saturday. The TAR has not however been updated to reflect the refined travel demand model; consequently it is considered to underestimate the shortfall in parking provision. Clearly, effective mitigation measures are necessary to prevent this becoming a problem, especially at ‘super peaks’ such as at Christmas when the parking situation in the City Centre would otherwise become critical. The strategy for managing the demand and the distribution of traffic needs further development.
9.37 The development will provide secure and covered cycle and motorcycle facilities.
9.38 Alterations to the Highway Network The development proposals will result in a number of significant alterations to the highway network surrounding the site, they include the following:
• Introduction of a southbound lane on Victoria Street between Cleveland Street and Temple Street; • A remodelled signalised junction with pedestrian facilities at Temple Street/Worcester Street/Pitt Street to accommodate the introduction of two-way traffic movements along Worcester Street; • Introduction of two-way traffic movements along Temple Street. The proposals include the widening of Temple Street from two-lanes to three-lanes, improved footpath widths, additional signal controlled pedestrian crossing facilities in the vicinity of Bond Street, and two new bus stops; • A remodelled signalised junction with pedestrian facilities at Temple Street/Snow Hill to accommodate the introduction of two-way traffic movements from Temple Street; • Two-way traffic movements on eastern section of Cleveland Street will be introduced to allow access to the Mander Centre service yard/car park and the Wulfrun Centre Service Yard; • Provision of Taxi Stand accommodating two taxis and Shopmobility Drop-Off hub on Cleveland Street; • Provision of signalised pedestrian crossing facility across Cleveland Street; • A remodelled signalised junction with pedestrian facilities at Cleveland Street/Snow Hill/Garrick Street to accommodate the introduction of two-way traffic movements from Cleveland Street; and • Provision of advisory cycle lanes on Victoria Street, Worcester Street and Temple Street. • New car park variable message signs at three locations on the immediate approaches to the development
Page 35 9.39 Transportation Officers have identified a number of detailed issues that affect operational efficiency, layout and safety. These issues have not yet been fully resolved and a response is awaited.
9.40 Operation of the Highway Network An assessment of the effect of the development on the operation of the highway network is included in the TAR. This has been based on traffic models developed by the Applicant and covering the City Centre, the Ring Road and its approaches. The traffic models have been reviewed and found to be generally robust, except that they are based on the original, not the refined, traffic demand outputs, and that their sensitivity to variations in certain core parameters has not been tested. As such the effect predicted could potentially be an underestimate.
9.41 The traffic models indicate that there will be an increase in the levels of congestion in the roads surrounding the site. Of particular concern is the potential for queuing in the Snow Hill/ Garrick Street corridor, in Cleveland Street and in St Georges Parade. This could be significant during the Saturday Peak Period and would be exacerbated in the (likely) event of car park queuing. The strategy contained in the TAR to deal with consequent effects on the efficient and safe operation of the network needs further development to achieve the requisite level of access to the new development.
9.42 The models also indicate that the proposals will result in deterioration in the performance of the wider highway network, extending up to and including the Rind Road. The average travel time per trip is expected to increase, particularly on a Saturday during peak periods. In general terms, effects such as these might be viewed as an inevitable consequence of a development of this type and magnitude; in this case, they are not considered to compromise its viability. They are not considered to compromise the viability of the development. There are however some notable localised concerns and the Applicant has been requested to investigate the potential for remedial measures at ‘hotspots’, such as the Ring Road junctions with Snow Hill, Penn Road and Waterloo Road. A full response to this request is awaited.
9.43 Accessibility The development is considered to have a good degree of accessibility by public transport, being adequately served by bus rail and Metro. The TAR includes an assessment of public transport capacities and demonstrates that there is sufficient supply to accommodate the additional demand generated by the development.
9.44 Existing facilities for pedestrians and to a lesser extent for cyclists are relatively well developed within the City Centre and the development proposals will provide improved levels of provision and permeability within and immediately surrounding the site. In the wider context however there are concerns that the current proposals do not include improvements of the links to public transport interchanges, or to outlying car parks. The site/interchange walking distances are in excess of the Department for Transport recommendation of 400 metres, and furthermore, the parking strategy adopted will result in visitors parking at locations peripheral to the development site. The pedestrian routes Page 36 to/from these car parks would need to be well developed and attractive.
9.45 The Access Statement submitted with the application is being subjected to further detailed evaluation by the Council’s consultants. This will also consider the suitability of the Shopmobility proposal. A verbal update will be given at Committee.
9.46 Safety The ‘Wolverhampton Road Safety Plan – Meeting the Targets to 2006’, identifies the City Centre and Ring Road as locations where the accident levels are such that the development of remedial measures is necessary. The development will lead to a significant increase in the number of vehicle, pedestrian and cycle movements thereby escalating the risk of accidents occurring. Appropriate mitigation measures will be required to address the potential for an increase in the number of accidents.
9.47 Mitigation A number of the concerns highlighted would cause effects that could have a detrimental effect on the efficiency and safety of the network. The TAR should therefore incorporate an effective strategy to mitigate against these effects. Such a strategy `is incorporated at Chapter 11, however this is generally considered to be insufficiently well developed. The measures included are unlikely to fully offset the transportation impacts of the development, indeed a number of them should not be considered as mitigation measures as they are necessary to facilitate the implementation of the development.
9.48 The Applicant has however supplemented this strategy by letter dated 30 June 2005. In this the Applicant makes the following commitments:
• To make an annual contribution to the costs of operating the City Centre bus of up to £30,000 over a period of five years. The offer currently has caveats attached and these, together with the amount of the offer, would need to be the subject of further negotiations. The contribution should be used to improve and amend the service such that it better links the revised shopping core with out lying car parks and public transport nodes.
• To support the provision of a dedicated bus service linking the shopping core with the Park and Ride sites at Stafford Road and Willenhall Road. The offer is in respect of a service to operate on Saturdays and during ‘super peaks’ such as at Christmas. The details of the offer need to be explored further; it is based on a diminishing contribution over a five-year period. In the first two years after opening the contribution would represent 100% of the cost, diminishing linearly to 25% in year five; each annual contribution would be subject to a prescribed cap. Once again, further negotiations may be necessary.
• To make a substantial contribution to the cost of local safety schemes on the City Centre approaches to the development. Specifically £150,000 has been earmarked for the Snow Hill/ Garrick Street corridor, and £350,000 for the Pitt Street approach. This would Page 37 be in addition to network amendments proposed in these corridors. This strategy will substantially address the potential for an increase in the number of accidents, but still needs further development.
• To contribute up to £60,000 to upgrade existing car park variable message signs on the wider network so as to incorporate the new car park in Temple Street. This would be in addition to the three new signs proposed.
• To contribute a sum of up to £150,000 for updates to the Urban Traffic Control system , in order to optimise the operational efficiency of the Ring Road.
9.49 These proposals are in principle, very welcome. However, the expanded mitigation strategy requires further detailed consideration in respect of its extent, the quantum of, and conditions attached to the financial contributions, and hence its overall effectiveness. It continues to be deficient in at least two key areas, namely the improvement of pedestrian and cycle linkages to public transport nodes/interchanges, and in the absence of a commitment to investigate potential remedial measures at key Ring Road junctions. Further negotiations will be necessary before the package can be recommended for acceptance.
9.50 Summary A number of issues and concerns remain outstanding; they can be summarised as follows:
• The Transportation Assessment Report (TAR) needs to be reviewed with particular regard to refinements to the travel demand model, and the results of sensitivity tests requested in respect of potential variations in certain core parameters.
• The overall car parking strategy is considered to be in need of further development.
• The Applicant has been asked to address a number of issues of detail concerning the layout of the revised network; these would otherwise compromise operational efficiency, layout and safety.
• Issues remain to be addressed concerning the accessibility of the development, and the efficient and safe operation of the immediate and the wider transportation network.
• The expanded mitigation strategy requires further detailed consideration in respect of its extent, the quantum of, and conditions attached to the financial contributions, and hence it’s overall effectiveness. Further negotiations are likely to be necessary.
9.51 It is recommended that the acceptability of the transportation element of the proposals should be dependent upon a satisfactory conclusion being reached in respect off each of the outstanding issues. At the time of writing, they had not all been resolved. A verbal progress report will be provided at the meeting.
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Conservation Area Buildings 9.52 The buildings and structures to the rears of 25-36 Victoria Street and 1 Cleveland Street and the works to the rear of 16-18 Worcester Street make a limited contribution to the character and appearance of the Conservation Area and the proposed demolitions are acceptable. Information on the proposals for the making good of the exposed rear elevations should be required by condition.
9.53 Nos. 19-22 Worcester Street and 36 Temple Street make a contribution to the character and appearance of the conservation area, particularly in townscape terms being of a scale which is characteristic of the conservation area and given the prominence of the corner position. However, the buildings have been significantly altered and retain little of their original character, having been significantly remodelled in the past. On balance, it is considered that the character and appearance of the conservation area could be improved with an appropriately designed building.
9.54 The replacement building on the corner of Temple St and Worcester St is shown set back from the existing building line at the upper floor, which, if implemented, would expose part of the blank gable of the retained historic building. This would create an unacceptable gap in a prominent position at the gateway to the Conservation Area. I would suggest that the existing building line be maintained at the upper floor. The development should effectively turn the corner and emphasise its prominence. The replacement building must preserve or enhance the character and appearance of the Conservation Area. A contemporary approach which draws upon the essential characteristics of the Conservation Area, as defined in the appraisal and which are referred to in the supporting documentation, should be adopted.
9.55 The scale of the proposed development in proximity to the listed buildings and adjacent conservation areas appears to have been given proper consideration and is considered to be appropriate. Similarly the scale of development along the site boundaries at Cleveland Street; Temple Street and Snow Hill is acceptable.
9.56 The supporting justification submitted as part of the application makes a sound case for the proposed demolitions within the conservation area. The proposed demolitions are considered to be acceptable.
To avoid unsightly gaps in the conservation area in advance of the redevelopment, in accordance with the advice in PPG 15, a condition is required that demolition should not take place until the reserved matters relating to the detailed design have been granted and a contract for the carrying out of the redevelopment has been made.
9.57 The buildings within the Conservation Area, which are proposed for retention, should be properly restored, the reinstated features being based on archive and surviving archaeological evidence. The works should include structural repairs, roof repairs including the reinstatement of original roofing materials; reinstatement of traditional shopfronts based on archive photographs; timber sash window repairs and/or Page 39 replacement on an exact like-for-like basis; brickwork and stonework repairs; reinstatement of cast iron rain water goods and downpipes and reinstatement of lost architectural features.
9.58 The demolition of the buildings identified as being of conservation interest outside the conservation area is regrettable; however on balance it is considered that the proposals are acceptable given the significant improvements which will be afforded by the new development. A condition should require that the buildings are properly recorded prior to demolition.
9.59 The refurbishment and reinstatement of the majority of the buildings in the Victoria St Conservation Area is very welcome in principle. To preserve and enhance the conservation Area, it is considered necessary to include a clause in the Section 106 agreement that requires not more than 20% of the retail units within the development to be occupied until the Worcester Street/Victoria Street properties have been refurbished and made available for occupation.
Apartments 9.60 Layouts have been submitted for the proposed residential apartments. These show well laid out flats with good orientation to principal rooms to maximise sunlight penetration. They have also been carefully designed to achieve a reasonable level of privacy whilst ensuring that the attractive landscaped courtyards are satisfactorily overlooked for security reasons. The apartments proposed benefit from generous balconies and/or bay windows overlooking the main square.
The Environmental Statement recommends recessing of the residential entrances to mitigate any impact from wind. However this is not acceptable for security reasons.
9.61 The submitted layouts demonstrate an acceptable design for the proposed apartments. Any alternative layout and designs would be expected to achieve the same or better quality.
9.62 The proposal includes 20% affordable housing provision. It is appropriate that this is secured through the Section 106 legal agreement.
Landmark building 9.63 The anchor 2 building that is also referred to as the iconic building or landmark building in the submitted documents is an important element of the proposed scheme. It seems most likely that the principle user of the building will be a multi-screen cinema operator however it could be an alternative leisure use. The proposal sets out the overall height and massing for this building. A “View of the Anchor Building from Snow Hill” is shown in the submitted Design Statement that gives an impression of the proposed building. There is considerable scope for exceptional quality architecture for this prominent corner site. Whilst an eye-catching design is required for this large building, it is also important that the architectural scale and detailed design ensures that the building appears to be of a human scale overall, particularly at ground floor level and does not appear overbearing. It is also essential that the building Page 40 provides active frontages to the ground floor along Cleveland St, Snow Hill, Temple St and facing the main square.
Public Art 9.64 Public Art is an important element of the proposed development. The Section 106 agreement will ensure that the developer provides and maintains works of public art or craft to the value of not less than 1% of the total construction cost. It is envisaged that one aspect of the public art could be a bronze pack of wolves sculpture in the main square.
Detailed Design and Landscaping 9.65 An objective of the Cleveland St Development brief is to “provide high quality architectural design which creates distinction and local distinctiveness”. Design and landscaping are matters that have been reserved. However the applicant has made commitment to the quality of the materials and landscaping, referred to in the application details at 3.10 and 3.11 above.
9.66 This supporting information makes reference to a mix of man-made and natural flooring products for the public realm. The Council is currently working on several improvement schemes throughout the City centre to raise the quality of the public realm and to achieve a degree of continuity throughout. A limited palette of natural materials comprising granite and sandstone is being used and it is recommended that any external works adhere to the established code. Man-made concrete products are not acceptable and should not be proposed in the reserved matters.
9.67 The Cleveland St Development Brief advises that “the quality and visual interest of the roofscape is equally important as the elevations, particularly as it will be viewed from the higher buildings e.g. the market square tower and the Mander tower.” Using underground parking and having residential uses above the retail units haves made the potential for an attractive roofscape far more positive. The submitted drawings illustrate the principles of an attractive and varied roofscape with pitched roofs and quality finishes. The detailed design application should ensure that these principles are adhered to, including the satisfactory masking of roof top machinery and servicing plant.
Toilet Provision 9.68 Further consideration needs to be given to the size, location and design of the public toilets during the reserved matters design stage. Hence the following clauses are considered necessary in the section 106 agreement: • Public toilets shall be provided to a size and in a location to be agreed and approved in writing by the Council and shall be available for use by the public at least during the period when any non- residential unit within the Development Site is open for trading and shall be maintained to a standard agreed in writing by the Council. • Prior to trading commencing, a scheme for the design and management of the public toilets including details of opening hours and attendants shall be submitted to and agreed in writing by the Local Planning Authority. The public toilets shall be managed in accordance with the agreed scheme. • No trading shall commence until the toilets are open to the public in Page 41 accordance with the agreed scheme and the toilets shall be maintained and retained in use available for use by the public for as long as the development exists.
10. Conclusion
10.1 The proposal is considered to accord with the government’s national planning policy objectives that seek the renaissance of urban areas. The development complies with regional policy as well as Wolverhampton’s existing and emerging Unitary Development Plan and will form a major part of the continuing regeneration of Wolverhampton City. Wolverhampton’s aspirations for the area were made clear in the Cleveland Street Planning Brief. It is considered that the proposal meets the overall aims and objectives of the brief and will provide a high quality development that will strengthen Wolverhampton’s attractiveness as a major sub-regional shopping centre in accordance with the City Council’s strategy for the City Centre.
10.2 The submitted Environmental Statement comprehensively considers the impacts of the proposed development. All the likely significant effects that the project will have on the environment have been identified and taken into account. The package of mitigation measures are considered to be acceptable and will be ensured through planning conditions. The development will be required by condition to be developed in accordance with the submitted Environmental Statement, as well as the documents and plans submitted with the application.
10.3 Inevitably a large redevelopment scheme of this nature will have an impact on the existing traders and employees in the area. Clearly businesses will have to be relocated to make way for the demolitions and the City Council is assisting with this. It is acknowledged that the comprehensive redevelopment of the area is likely to cause a degree of short term job losses. However, the developers, in liaison with the Council are negotiating with existing stakeholders regarding relocation or acquisition of their interests.
10.4 The proposal will have many benefits. The retail element will meet an identified need and improve the vitality and viability of Wolverhampton. A new department store would be delivered that would create a critical mass and complete an inviting retail circuit. In terms of economic regeneration the proposal represents £250m of investment and will create nearly 300 construction and over 700 additional new permanent jobs. It is likely to provide a major commercial boost to adjoining properties and regeneration schemes. In terms of physical regeneration an unsightly area of the city will be redeveloped to a high standard of urban design that will mend the urban fabric and help rejuvenate the Worcester St Conservation Area. A minimum of 50 new homes will be provided including 20% affordable provision. The site is highly accessible and the scheme affords good provision for people with disabilities and the Shopmobility service. The City Centre environment will benefit from a major contribution to its public realm with improved streets and public spaces.
Page 42 10.5 Having taken into account all the planning issues, including those raised by the objectors and the external consultees, it is considered that the positive planning benefits of the development outweigh the negative planning impacts; on balance the proposal is considered to be acceptable, subject to outstanding issues being resolved including retail policy and transportation. As a consequence of highway and other comments small changes are required to the submitted plans. In conclusion, the development of this key site should enhance and positively contribute to Wolverhampton City Centre as a good place to live, work, shop, visit and be entertained.
10.6 The Conservation Area Consent application relates only to demolition of buildings and structures within the Conservation Area and is considered to be acceptable. No demolitions are to take place before reserved matters have been approved and there is a signed contract to commence the development.
11. Recommendation
11.1 Refer the application to the Government Office of the West Midlands and subject to the application not being “called in”, delegate authority to the Chief Planning and Highways Officer to grant outline consent, subject to the resolution of outstanding issues, including retail policy issues, an appropriate package of transportation mitigation measures, receipt of satisfactory amended plans, evaluation of the Access Statement including Shopmobility issues and the receipt of a satisfactory Flood Risk Assessment, and the negotiation of the Section 106 legal agreement and any necessary conditions.
11.2 The heads of terms for the Section 106 legal agreement to include: • Phasing of the Development • Security and CCTV • Local Employment • Highway Works • Child Care Facilities Provision • Parking • Public Access • Sustainable Transport Measures • Construction Impacts • Affordable Housing • Shopmobility • Public Art • Public Toilets • Off Site Public Open Space • Conservation Area • Travel Plan
11.3 Conditions to include following issues: • Standard time limits for reserved matters • Reserved matters – design and landscaping • Development to accord with design shown in submitted plans and all documents Page 43 • Development to accord with principles/parameters set out in Environmental Statement and documents/plans • Mitigation measures set out in the Environmental Statement • Residential development to accord with submitted principles • Iconic building (Anchor 2) to accord with principles submitted • Details of refurbishment and reinstatement of Conservation Area buildings • Landscaping framework • Landscaping details • Large scale details of roof plant and equipment, elevation sections, shopfronts, signage and canopies. • Large scale details of architectural details • Shop front and signage protocol • Position and extent of shopfronts • Clear views into shopfronts to be maintained • Lighting strategy and lighting scheme • Design and management of public toilets • Unobstructed public access • Control over maximum floor space – no mezzanine floors • No kiosks, street cafes, market stalls without prior approval • Limit floor area for convenience goods • Control over size of retail units • Control of no-retail uses in frontages • No take-away uses (A5) without a planning application • Control of deliveries and service arrangements, including servicing management plan • Details of highway works including links and junctions, car park entrances, Shopmobility, taxi hub, bus stops, variable message signs and traffic management • Basement car park details • Management scheme for car park • Disabled and parent & child parking provision • Cycle parking and shower facilities for employees and residents • Motorcycle parking • Transport and environmental management strategy during demolition/ construction including control of phasing, methods, traffic management, parking and site access, deliveries, site enclosure, pedestrian routes, hours of operation, wheel cleaning and dust suppression, recycling of materials, noise and vibration control, waste management, energy efficiency, hour of operation, dust suppression, lighting, control of machinery and plant including cranes, vehicle sheeting and road sweeping • Hours of opening • Noise and vibration mitigation measures for residential • Noise control during operation of development • Surface water drainage • Mitigation of noise from service deliveries • Refuse storage • Programme of archaeological work • Buildings of conservation interest to be recorded prior to demolition • Survey for bats and other protected species • Security management plan Page 44
11.4 It is also recommended that Conservation Area Consent is granted subject to conditions: • Details for the making good of the exposed rear elevations • Demolition should not take place until the reserved matters relating to the detailed design have been granted and a contract for the carrying out of the redevelopment has been made.
Case Officer : Stephen Alexander Telephone No : 555630 Head of Development Control - Andy Johnson Chief Planning & Highways Officer - Costas Georghiou
Page 45 Planning Application No: DCNC/05/0578/OP/M Location Wolverhampton Retail Core Expansion, land from Cleveland Street to Temple Street and Plan Scale 1:2500 National Grid Reference so 391485 298385 Plan Printed 11-JUL-2005 Application Site Area 60926.176
Page 46 Planning Application No: DCNC/05/0589/CA/C Location Land bounded by Bell Street, Victoria Street, Worcester Street, Plan Scale 1:1250 National Grid Reference so 391262 298372 Plan Printed 12-JUL-2005 Application Site Area 5236.840
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