Development Control Committee A – 17 May 2017 ITEM NO. 1 WARD: Stoke Bishop CONTACT OFFICER: Paul Chick SITE ADDRESS: Land Off Ladies Mile Bristol APPLICATION NO: 16/06311/X Variation/Deletion of a Condition DETERMINATION 17 January 2017 DEADLINE: Application of variation of conditions 1 and 6 for planning permission 13/01140/X. RECOMMENDATION: Grant subject to Condition(s) AGENT: Barton Willmore APPLICANT: Bristol Zoo Gardens 101 Victoria Street Clifton Bristol Bristol BS1 6PU BS8 3HA The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date. LOCATION PLAN: 05/05/17 14:53 Committee report Item no. 1 Development Control Committee A – 17 May 2017 Application No. 16/06311/X: Land Off Ladies Mile Bristol BACKGROUND AND SUMMARY The application site comprises a 1.34 hectare area of land which forms part of the Bristol Downs. It is located on the east side of Ladies Mile, close to the junction with Circular Road and is approximately 70 m to the North West of the Bristol Zoological Gardens. In terms of designations it is located within the Downs Conservation Area; is identified as a Historic Landscape; a formal area of Important Space and a city wide site of Nature Conservation Interest. The Zoo has been using this part of the Downs for overflow visitor car parking with the consent of the Downs Committee since the late 1960’s. The period of use increased in 1997 and this resulted in the requirement for planning permission, given that the number of days required by the Zoo was more than the 28 days permitted under planning legislation (The Town and Country Planning, General Permitted Development Order 2015). Clearly the Downs is a sensitive environment and duly protected through well- established policies of the Development Plan. As such the permanent use of the site area for overflow parking is not considered an appropriate option and acknowledging this, the Zoo has secured a series of temporary planning consents since this time. The latest approval (13/01140/X), under which the Zoo parking on the Downs has been operating, was granted subject to a number of transport measures, including continued use of a Park and Ride service at peak times from The Portway and the adoption of Travel Plans. All such measures were designed to try and achieve a modal shift away from car travel and ultimately to reduce the reliance on this area for parking in the medium to long term. Unfortunately travel surveys have shown that the majority of the targets set within travel plans not been achieved. In addition the provision of a Park and Ride service from The Portway has seen significantly low levels of use at a relatively high cost. Overall and disappointingly, the hoped for modal shift away from the use of the car has not been achieved. As part of the submitted application Members will see that the Zoo wishes to discontinue the Park and Ride service but have now increased the level of discount on entry fees available to users of other travel modes, most notably bus and train. Marketing of the improved and new travel options has also improved since 2013, with a recent re-design of the Zoo’s website highlighting the discounts available. In terms of the physical impact of the car parking itself on this land, Members will see that concerns have been raised by third parties in respect of the ecology of the site. The submitted ecological reports show the use, although resulting in some minor harm to the condition of the ground and landscape, has not resulted in further harm to the ecology of the grassland and that the condition is able to be remediated by minor works. The Authority’s Ecological Officer is satisfied at this stage that the mitigation measures currently in place are acceptable for this temporary use. It is clear that further consideration is required to ensure that vehicle numbers for visitors; staff and members are reduced and that ultimately the reliance of the car parking on Ladies Mile is minimised without significantly affecting visitor numbers. It is recognised that the proposed temporary use, for up to 30 days of the year by 2019, and the potential ‘harm’ that is caused has to be weighed in the balance against other material considerations as the Zoo is clearly an important visitor attraction. However, the possible financial impact the loss of this parking would have on the Zoo or Bristol’s tourism economy is not clear, and claims made concerning its severity are questionable. This is a point raised in detail by third parties and the related submissions which cover this issue are appended to this report. Having considered all of the issues it is recommended that a further temporary consent for 3 years be granted. Officers come to this recommendation with the view that the ultimate objective for all concerned should be to reduce the reliance of the Downs for Zoo parking and this might only be Item no. 1 Development Control Committee A – 17 May 2017 Application No. 16/06311/X: Land Off Ladies Mile Bristol achieved by limiting visitor choice. Proposing to progressively limit the use of the Downs to 30 days by 2019 demonstrates a commitment by the Zoo to do this, as does a letter received by the Zoo, advising that “…BZG [Bristol Zoological Gardens] has no intention to re-apply for the extended use of land off Ladies Mile for controlled overflow parking in three years’ time. This is on the basis that there is no material change that might affect our visitors’ ability to arrive by public transport”. It is hoped that after the 3 year period, measures will be in place so that the Zoo keep to their word and do not have to again apply for an extension of parking on Ladies Mile. In moving this issue forward during the life of this permission, your Officers will be working closely with the Zoo to help towards a solution and prepare for the time in 2020 when planning consent has expired. PLANNING HISTORY The use of the Downs for the parking of vehicles in association with the Zoo has taken place since the late 1960's when The Downs Committee permitted 6 days parking per year. The number of days increased to 28 days per year in 1990. In 1997 The Downs Committee gave consent for the Zoo to use Ladies Mile land for car parking for a period of 81 days per year. This approval meant that the Zoo exceeded its permitted development rights for parking on the Downs (28 days) and the following planning permissions have subsequently been approved: 98/00276/F/N: To use part of the Downs for car parking for 81 days a year for a period of 3 years. Approved subject to conditions, including the following: The use hereby permitted is only for the parking of cars and shall take place only between the period of 1 March to 31 October 1999, for a maximum of 81 days during the hours of 0900 - 1830 only. Reason: Because a permanent use for this area of land for car parking would be unacceptable and to enable the Zoo to implement the transport strategy as set out in their letter of 3 February 1999 and other measures that shall be agreed. 00/00553/F/N: Use of land for a temporary car park for 60 days each calendar year for the next 3 years. Approved subject to conditions, including the following: The use hereby permitted is only for the parking of cars between the hours of 0900 - 1830 only and shall take place only between the period of 1 March to 31 October during 2000 for a maximum of 60 days, 2001 for a maximum of 50 days and 2002 for a maximum of 40 days. Reason: Because a permanent use of the Downs for car parking would be unacceptable. 02/04353/F: Use of land for overflow car parking for 60 days in each calendar year (Bristol Zoo). Temporary consent for a 2 year period was granted by Committee on 24.09.2003 subject to conditions and the signing of a S106 agreement. This agreement was signed on 15 March 2006. The conditions applied to the permission were as follows: 1. The use hereby permitted shall be discontinued and the land restored to its former condition on or before 2 calendar years from the date of this permission. Reason: A permanent use of The Downs for car parking would be unacceptable and contrary to Adopted Bristol Local Plan (December 1997) and policies in the First Deposit Proposed Alterations to the Bristol Local Plan (February 2003). Item no. 1 Development Control Committee A – 17 May 2017 Application No. 16/06311/X: Land Off Ladies Mile Bristol 2. The use hereby permitted is only for the parking of cars between the hours of 1000 and 1830 only and shall only take place for a maximum of 60 days in each calendar year commencing from the date of this permission. Reason: A permanent use of The Downs for car parking would be unacceptable and contrary to Adopted Bristol Local Plan (December 1997) and policies in the First Deposit Proposed Alterations to the Bristol Local Plan (February 2003). 08/01174/T: Renewal of temporary consent - Use of land for controlled overflow car parking for 60 days in each calendar year for a total of 3 years. However, temporary consent for a 1 year period was granted by Committee to allow the Zoo sufficient time to investigate alternative parking and transport solutions.