1. SOS/07/01111/OUT and Reference: 2. SOS/06/01300/FUL 1. Prittlewell Ward: 2. St Luke’s Proposal: 1. Roots Hall Demolish football stadium, flats, shops and college; redevelop site with retail food store, petrol filling station associated car parking, servicing and access alterations, two stand alone units on Fairfax Drive for A3, A4, B1 and D1 uses, new residential, associated; landscaping, car parking and access alterations. and 2. Fossetts Farm Demolition of a nightclub and football training facilities; erection of a 22,000 seater football stadium including a 114 bedroom hotel, conference floorspace, players hostel, food and drink concessions, bars and other ancillary facilities all contained within the stadium; erection of 67 flats with basement parking spaces; 2 erection of A1 retail units totalling 16,400m floorspace of which at least 20% shall be restricted to bulky/DIY 2 goods; erection of an A3 restaurant comprising 279m 2 floorspace; erection of a D2 health club totalling 3205m floorspace; lay out of parking and cycle spaces and associated landscaping; and formation of vehicular access to Eastern Avenue and to the Fossetts Farm link road. Address: 1. Prospects, Fairfax Drive, 25 Roots Hall Ave, 299, 301, 341-365, 1-37 St. Mary’ s Court, Roots Hall, Victoria Avenue, Southend-on-Sea and 2. Part of Fossetts Farm and SUFC Training Ground North of Eastern Avenue, Southend-on-Sea, Essex Southend United Football Club & Sainsbury’s Supermarket Applicants: Ltd Agent: Savills Commercial Ltd Case Officer: Charlotte Galforg Development Control Report Page 1 of 19 Plan Nos: 1. Roots Hall: HOK-3093-A-RH-P-00-PL001-Rev1, HOK- 3093-A-RH-P-00-PL002-Rev1, HOK-3093-A-RH-P-00- PL003-Rev1, HOK-3093-A-RH-P-00-PL014, HOK-3093-A- RH-P-00-PL015, HOK-3093-A-RH-P-00-PL016, HOK-3093- A-RH-P-00-PL017, HOK-3093-A-RH-P-00-PL018, HOK- 3093-A-RH-P-00-PL019 and: Fossetts: 2. HOK-3093-A-SI-P-02-PL-001 Rev 01 HOK-3093-A-SI-P-06- PL-002 Rev 01,HOK-3093-A-SI-E-00-PL-003 Rev 01, HOK- 3093-A-S-P-00-PL-010 Rev 01, HOK-3093-A-S-P-01-PL- 011 Rev 01, HOK-3093-A-S-P-01M-PL-012 Rev 01, HOK- 3093-A-S-P-02-PL-013 Rev 01, HOK-3093-A-S-P-03-PL- 014 Rev 01, HOK-3093-A-S-P-04-PL-015 Rev 01, HOK- 3093-A-S-P-05-PL-016 Rev 0, HOK-3093-A-S-P-06-PL-017 Rev 01, HOK-3093-A-S-S-00-PL-018 Rev 01, HOK-3093-A- S-E-00-PL-019 Rev 01, HOK-3093-A-RE-P-00-PL-020 Rev 02 , HOK-3093-A-RE-P-01-PL-021 Rev 02 , HOK-3093-A- RE-P-02-PL-022 Rev 01, HOK-3093-A-RE-E-00-PL-023 Rev 01, HOK-3093-A-RE-S-00-PL-024 Rev 01, HOK-3093- A-RE-E-00-PL-025 Rev 01, HOK-3093-A-HO-P-00-PL-030 Rev 01, HOK-3093-A-HO-P-00-PL-031 Rev 01, HOK-3093- A-HO-P-00-PL-032 Rev 01, HOK-3093-A-HO-E-00-PL-033 Rev 01, HOK-3093-A-HO-S-00-PL-034 Rev 01 HOK-3093- A-SI-I-00-PL-004. Recommendations: Members are recommended to: Roots Hall SOS/07/01111/OUT DELEGATE authority to the Director of Enterprise Tourism and the Environment, Head of Planning and Transport or the Group Manager of Development Control & Building Control to vary the draft S106 Agreement as follows: ° Deletion of the Bank as signatory and to require completion of a further duplicate agreement, with the Bank as signatory if it still holds a charge over the land at that date, prior to commencement of development on site. ° Key milestones in the agreement (including the demolition of the Roots Hall Stadium to be linked to the prior completion of the north, south and east stands and the provision of 13,942 seats at the new stadium at Fossetts Farm. ° Phased or possible partial completion of the New Stadium development, subject to the submission of plans to illustrate how the Phase I of the development will be Development Control Report Page 2 of 19 finished and details of noise protection measures to be submitted to the Council for approval and for the approved works to be completed prior to the commencement of development at the new stadium at Fossetts Farm. ° Payment of monitoring fees for S106 agreement implementation and the Travel Plans associated with the documents. ° Subject to conditions which have been previously agreed. Fossetts Farm SOS/06/01300/FUL DELEGATE authority to the Director of Enterprise Tourism and the Environment, Head of Planning and Transportation and Group Manager of Development Control & Building Control to vary the S106 Agreement dated the 25th October 2007 (as varied on 21st April 2008) as follows: ° Key milestones in the agreement (including the opening of the retail units) be linked to the prior completion of the north, south and east stands and the provision of 13,942 seats in the new stadium. ° Prior to commencement of development, the applicant to submit plans to illustrate how the three sided stadium will be finished and details of noise protection measures to be submitted to the Council for approval and for the approved works to be completed before the first football is played at the New Stadium. ° To vary the S106 Agreement to delete the Bank as signatory and to require completion of a further duplicate agreement, with the Bank as signatory if it still holds a charge over the land at that date, prior to commencement of development on site. ° Applicant to covenant to use reasonable endeavours to complete the west stand within 60 months of commencement of the north, south and east stands. ° Payment of monitoring fees for S106 agreement implementation and the Travel Plans associated with the documents. ° Subject to conditions which have been previously agreed. Development Control Report Page 3 of 19 1. Roots Hall Development Control Report Page 4 of 19 2. Fossetts Farm Development Control Report Page 5 of 19 1 Background 1.1 The Roots Hall planning application (SOS/07/01111/OUT) was originally considered at Development Control Committee in September 2007, when Members resolved to refer the application to the Secretary of State as a departure under the Shopping Direction, indicating that Members were minded to grant planning permission subject to completion of a S106 Agreement. The Secretary of State did not call in the application and the details of a revised S106 Agreement were agreed by Development Control Committee on 24th March 2010. The Agreement has not been completed and the application remains undetermined. 1.2 The Fossetts Farm application (SOS/06/01300/FUL) was approved by the Secretary of State on June 30th 2008 following a call-in Inquiry and the completion of a S106 Agreement (and Deed of Variation). In April 2010 the Development Control Committee agreed amendments to the content of the S106 Agreement. The changes related to the timing of the Town Centre payment. These amendments have not yet been incorporated into an amended agreement at the request of the applicant. 1.3 Since the Roots Hall application was last brought before Committee in March 2010 further negotiations have taken place in respect of the draft S106 Agreement. In addition the detail of the proposed construction programme of the Fossetts Farm stadium development has changed. 1.4 This report seeks the Committee’s agreement to the following 2 changes to the draft Roots Hall S106 Agreement previously authorised by the Committee. (a) That key milestones in the Roots Hall development (as set out in 2.2 below and including the demolition of the existing stadium) be linked to the commencement of the north, south and east stands and the provision of 13,942 seats at the new stadium at Fossetts Farm. (Note until now all 4 sides had to be provided, albeit not all the superstructure on the west side). (b) To agree that Southend United’s bank need not be a party to the Agreement on the basis of the recommendations set out in this report. 1.5 This report also seeks the Committee’s agreement to amendments to the Fossetts Farm S106 Agreement dated 25th October 2007 (and varied on 21st April 2008), so that key milestones in that Agreement (as set out in 2.3 below and including the opening of the retail units) be linked to commencement of the north, south and east stands and the provision of 13,942 seats at the new stadium. (Note until now all 4 sides had to be provided, together with 22,000 seats. However, the Developer has confirmed that he is committed to providing the west stand and that he will use reasonable endeavours to do so within 60 months of commencement of the north, south and east stands. Therefore the provision of the west stand cannot be guaranteed). The Committee’s agreement is also sought to not include Southend United’s Bank in the Deed of Variation on the basis of the recommendations set out in this report. Development Control Report Page 6 of 19 2.0 The Applications Roots Hall (SOS/07/01111/OUT) 2.1 The application seeks outline planning permission for the redevelopment of the entire site including adjoining buildings outside the ownership of the Southend United Football Club (SUFC), Prospects College and the Council (South Essex Homes) controlled blocks at St Mary’s Court.