Demolition of Campions Restaurant and erection of 14 apartments and associated parking, erection of bat shelter.

Approved in accordance with the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

 

In accordance with the criteria for public speaking, Mr Rice spoke in objection to the application.

 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors SM Michael and JD Woodward, the local ward members, commented on a number of issues, including:

 

·         It was agreed that the site was in need of regeneration.

·         The proposed development was still too imposing and would not enhance the conservation area

·         The ‘green wall’ referred to in the application would have to be maintained, who would be responsible for this.

·         The majority of local residents were against the development.

·         The current site was an eyesore, but it was not right to replace one eyesore for another.

·         The proposed development was too high with three storeys being above the level of the nearby Greyfriars Bridge

·         The application was contrary to Unitary Development Plan policy DR1 as it failed to promote the distinctive character and was not in keeping with the surrounding area due to its scale, mass and height.

·         It was also contrary to UDP policy DR2 as it prejudiced the amenity of the neighbouring dwellings.

·         It was contrary to UDP policy H13 on privacy grounds.

·         Finally it was contrary to UDP policy HBA6 as it did not preserve or enhance the character or appearance of the conservation area.

The debate was opened with members of the Committee speaking in support of the application. They commented that although the design was modern it could fit in with the surrounding buildings due to its detail and quality. It was also noted that the site was derelict at present and that the proposed application would provide a site worthy of a prominent position at one of the gateways into the city. It was also noted that the site had initially been subject of an application for 52 dwellings and it was felt that the current proposal for 14 was more acceptable. It was also felt that both national and local policies had been addressed and any concerns raised had been successfully overcome. The comments from the Council’s Conservation Manager and the withdrawal of Natural England’s objection were also noted.

 

Some Members of the Committee did however have reservations in respect of the application. It was commented that the Council may have missed an opportunity to develop the site into a usage that would benefit the community. In response to this point the Committee were reminded that the site was allocated for housing in the Council’s Unitary Development Plan.

 

Members also discussed the emergency footway to the existing bridge from the site. Concerns were expressed as to how this could be restricted to emergency use only.

 

One Member of the Committee felt that neither the current derelict nature of the site nor the previous refused applications on the site should have a bearing on whether the application was approved as the committee were required to determine the current application on its merits. A further point was made in respect of the conservation area with the member being of the opinion that the proposed building could not enhance or preserve the conservation area due to its modern design. He felt that due to its design and stature, it would clearly alter the conservation area considerably.

 

Members continued the debate and were generally in support of the application although some reservations were expressed. Further concerns relating to the size and scale of the proposed application were expressed with it being suggested that the proposed building was still one storey too high.

 

It was noted that other European cities had integrated historic and modern architecture in a sympathetic manner with Hamburg being given as an example of how this could be achieved successfully. It was also commented that the site lay on one of the main gateways to the city and needed an exciting and vibrant development.

 

The Committee asked for reassurances in respect of the evacuation of the building and the limitation of any blight caused by flooding. In response to this issue the Principal Planning Officer confirmed that the applicant had submitted a detailed evacuation plan. She also advised the Committee that the landscaping plan submitted with the application also utilised hard wearing materials which would help to address the concerns expressed. It was also further noted that the applicant would be required to make a financial contribution towards a suitable flood warning system. In summing up she advised that the Environment Agency had a significant input in the preparation of the flood evacuation plan and that it was an extremely detailed document.

 

In response to the Principal Planning Officer’s comments the Committee stated that they would not want the building to be blighted after flood waters however it appeared that this issue has been addressed through the flood evacuation plan. The stairwell and lift areas were highlighted as areas which could be affected following a flood. It was felt that the flood evacuation plan should have measures in place to protect the site from any after effects of flood water.

 

The Principal Planning Officer advised the Committee that there was an 8 hour time frame to evacuate the site. She also advised that the building was on stilts which resulted in the entire building being above the known flood plain. It was however noted that the car park could possibly flood but that the Environment Agency had not objected to this.

 

Councillors SM Michael and JD Woodward were given the opportunity to close the debate. They reiterated their opening remarks and made additional comments, including:

 

·         The application should not be approved on the basis that it will improve a derelict site, it will not preserve the conservation area.

·         The lack of a section 106 agreement was disappointing.

·         There is no guarantee that the highest grade of materials will be used.

·         Welcome development on the site but needs to be right, this is wrong in terms of density, scale, height and mass.

RECOMMENDATION

 

In respect of DMS/110919/F:

 

That planning permission be granted subject to the following conditions:

 

1.         A01 Time limit for commencement (full permission)

           

2.         B01 Development in accordance with the approved plans

 

3.         B07 Section 106 Agreement

 

4.         C01 Samples of external materials

 

5.         G10 Landscaping scheme

 

6.         G11 Landscaping scheme - implementation

 

7.         G04 Protection of trees/hedgerows that are to be retained

 

8.         Prior to the commencement of any other works (excluding demolition of the building) development a detailed method statement in relation to the construction of the proposed car park shall be submitted to and approved in writing by the local planning authority. Works shall be undertaken in accordance with the approved details and shall not thereafter be altered without the prior written consent of the local planning authority.

 

Reason: The trees form an integral part of the visual environment and this consideration is imposed to ensure that the roots of trees within or adjacent to the car park are protected in the interests of protecting the character of the area in accordance with Policies DR1 and LA5 of the Herefordshire Unitary Development Plan.

 

9.         Prior to the commencement of development (excluding demolition of the building) plans detailing the entrance to the site, including the gates, lighting, barriers, fence and bin store shall be submitted to and approved in writing by the local planning authority.  Plans should include colour, finish and materials of these elements.  Works shall be carried out in accordance with the approved details prior to the occupation of the development hereby approved.

 

Reason: In the interests of visual amenity of the area and to ensure that the development conforms with Policies DR1 and H13 of the Herefordshire Unitary Development Plan.

 

10.       Prior to the commencement of development (excluding demolition of the building) a detailed design, construction and maintenance plan in relation to the proposed 'Green wall' to the east elevation shall be submitted to and approved in writing by the local planning authority.  Construction and maintenance shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of visual amenity of the area and to ensure the long term success of this element of the proposal and that the development conforms with Policies DR1 and H13 of the Herefordshire Unitary Development Plan.

 

11.       G14 Landscape management plan

 

12.       H13 Access, turning area and parking

 

13.       H29 Secure covered cycle parking provision

 

14.       H30 Travel plans

 

15.       H27 Parking for site operatives

 

16.       I16 Restriction of hours during construction

 

17.       L01 Foul/surface water drainage

 

18.       L02 No surface water to connect to public system

 

19.       L03 No drainage run-off to public system

 

20.       The recommendations set out in the ecologist's report dated 26 November 2010 should be followed in relation to the identified protected species [bats, great crested newts etc], unless otherwise agreed in writing by the local planning authority.

 

Reasons: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 and Policies NC1, NC6 and NC7 of Herefordshire Unitary Development Plan.

 

To comply with Herefordshire Council's Policies NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

21.       Prior to commencement of the development, a full working statement and mitigation strategy for bats and otters should be submitted to and be approved in writing by the local planning authority and the work shall be implemented as approved.

 

An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

Reasons:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species  Regulations 2010 and Policies NC1, NC6 and NC7 of Herefordshire Unitary Development Plan.

 

To comply with Herefordshire Council's Policies NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

22.       Prior to commencement of the development, a full Construction and Environmental Management Plan should be submitted to and be approved in writing by the local planning authority, and the works shall be implemented as approved.

 

Reasons: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 and Policies NC1, NC6 and NC7 of Herefordshire Unitary Development Plan.

 

To comply with Herefordshire Council's Policies NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

23.       Floor levels shall be set no lower than 53.56mAOD, in accordance with the submitted Flood Risk Assessment (Report Ref: 3647.FRA, November 2010).  This figure includes an allowance for climate change, in accordance with PPS25.

 

Reason: To protect the development from flooding in accordance with Policy DR7 of the Herefordshire Unitary Development Plan and guidance contained within PPS25 - Flood Risk.

 

24.       Prior to the first occupation of any dwelling a safe pedestrian access and egress route as shown on drawing reference 3873.P33, dated September 2010, shall be provided and maintained, in perpetuity, for the lifetime of the development.

 

Reason: To provide safe access and egress during flood events in accordance with Policy DR7 of the Herefordshire Unitary Development Plan and guidance contained within PPS25 - Flood Risk.

 

25.       No development shall commence until a scheme for the provision and maintenance of the voided undercroft, as shown on drawing no. 3873.P10, and referenced in the submitted Flood Risk Assessment (para. 5.7) has been submitted to, and approved in writing by the local planning authority, in consultation with the Environment Agency. Thereafter the scheme shall be carried out and implemented in accordance with the approved plans.

 

Reason: To ensure no loss of flood storage and to minimise the impact on flood flows in accordance with Policy DR7 of the Herefordshire Unitary Development Plan and guidance contained within PPS25 – Flood Risk.

 

26.       Prior to the first occupation of the development, a Flood Evacuation Management Plan shall be submitted to and approved in writing by the local planning authority in consultation with the local authority Emergency Planning Officer and Emergency Services.  The Plan shall include full details of proposed awareness training and procedure for evacuation of persons and property (including vehicles), training of staff and method and procedures for timed evacuation.  It shall also include a commitment to retain and update the Plan and include a timescale for revisions of the Plan.

 

Reason: To minimise the flood related danger to people in the flood risk area in accordance with Policy DR7 of the Herefordshire Unitary Development Plan and guidance contained within PPS25 - Flood Risk.

 

27.       No development shall take place until a plan for the long term maintenance of the 10 metre buffer zone (from the top of bank) within the boundary of the site, as shown on 3873.P20 dated September 2010 has been submitted to and approved in writing by the local planning authority, in consultation with the Environment Agency.

 

Reason: To secure the long term maintenance of the watercourse and access to the watercourse for maintenance or improvements in accordance with Policy DR7 of the Herefordshire Unitary Development Plan and guidance contained within PPS25 - Flood Risk.

 

28.       No development shall commence (excluding demolition of the building) unless and until details of a pedestrian bridge access arrangement have been submitted to and approved by the local planning authority in consultation with the Highways Agency. The arrangements to ensure that the bridge remains for pedestrian use only and opened only in case of emergency situations.  The arrangements approved by the local planning authority shall be implemented and completed prior to the first occupation of the development.

 

Reason: To enable the A49 Trunk road to continue to be an effective part of the national systems of routes for through route in accordance with Section 10 (2) of the Highways Act 1980 and to protect the interests of road safety in accordance with Policy DR3 of the Herefordshire Unitary Development Plan.

 

29.       E01 Site Investigation – archaeology

 

30.       E04 Submission of foundation design

 

31.       Prior to the commencement of development the following information shall be submitted to and approved in writing by the Local Planning Authority. Works shall be carried out strictly in accordance with the approved details unless otherwise agreed in writing the local planning authority:

 

a)    A detailed demolition method statement

b)    A detailed waste management plan

c)    Full details of reinstatement of land following demolition (plan including site levels, landscaping details and ecological protection area)

d)    Timetable for works (including demolition, repair / reinstatement of land, landscaping and ecological mitigation)

 

Reason: In the interests of visual amenity of the Conservation Area and SAC and to ensure that the development conforms with Policies DR1, HBA6, HBA7, NC1 and NC6 of the Herefordshire Unitary Development Plan.

 

32.       Prior to any other works being undertaken the, the existing building (Campions) shall be removed from the site in accordance with the details agreed in condition 31 above unless a revised timescale is submitted to and approved in writing by the local planning authority.

 

Reason: To define the terms of this permission and having regard to the issue of Flood Risk and impact on the character and appearance of the Conservation Area in accordance with policies DR7 and HBA6 of the Herefordshire Unitary Development Plan.

 

Informatives:

 

1.         HN10 No drainage to discharge to highway

 

2.         HN05 Works within the highway

 

3.         N11A Wildlife and Countryside Act 1981 (as amended) - Birds

 

4.         The Environment Agency recommends that in areas at risk of flooding, consideration be given to the incorporation into the design and construction of the development of flood proofing measures. These include removable barriers on building apertures such as doors and air bricks and providing electrical services into the building at a high level so that plugs are located above possible flood levels. Additional guidance, including information on kite marked flood protection products, can be found on the Environment Agency web site www.environment-agency.gov.uk under the ‘Managing Flood Risk’ heading in the ‘Flood’ section.

 

5.         Developers should incorporate pollution prevention measures to protect ground and surface water.  The Environment Agency have produced a range of guidance notes giving advice on statutory responsibilities and good environmental practice which include Pollution Prevention Guidance Notes (PPG's) targeted at specific activities. Pollution prevention guidance can be viewed at: www.environment-agency.gov.uk

 

6.         Any waste produced as part of this development must be disposed of in accordance with all relevant waste management legislation.  Where possible the production of waste from the development should be minimised and options for the reuse or recycling of any waste produced should be utilised.

 

7.         The proposed link to Greyfriars Bridge associated within the consent involves works within the public highway, which is land over which you have no control and is subject to the provisions of the Highways Act 1980. IN order for these works to proceed, the highways Agency requires the developer to enter into an agreement under the Section 278 of the Highways Act 1980. The Highways Agency therefore requires you to enter into a suitable legal agreement to cover the design and construction of the works. Please contact Mr. Jon McCarthy of the Highways Agency, Area 9 Network Delivery Team, at an early stage to discuss the details of the highways agreement. His contact information is as follows: Highways Agency, The Cube, 199 Wharfside Street, Birmingham, B1 1RN – 0121 6788742.

 

8.         The proposed development site is crossed by a public sewer.  Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.  No part of a building will be permitted within 3 metres either side of the public sewer.

 

9.         ND02 Area of Archaeological Importance

 

8.         N15 Reason(s) for the Grant of PP/LBC/CAC

 

 

In respect of DMS/11920/C:

 

That Conservation Area Consent be granted subject to the following conditions:

 

1.         D01 Time limit for commencement (Listed Building Consent)

           

2.         D17 Notification of Commencement

 

3.         The building shall not be demolished until such time that:

 

a)   a contract carrying out of the work of redevelopment of the site has been made and planning permission has been granted for the redevelopment for which the contract provides OR

 

b)  a detailed method statement in respect of the demolition of the building, disposal of waste material and restoration has been submitted to and approved in writing by the local planning authority.

 

Reason: Pursuant to the provisions of Section 17(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to comply with the requirements of Policy HBA2 of Herefordshire Unitary Development Plan.

 

Informative:

 

1.         N15 Reason(s) for the Grant of PP/LBC/CAC