Proposal: Mixed use phased development comprising residential (Use Class C3), hotel (Use Class C1), retail (Use Class A1/A3/A4) with associated car parking, demolition of car park, high level walkway and public house, public realm improvements, landscaping, highways and refurbishment of car parks and enhancement to shopping centre entrances. (amended information) (amended plans).

Site Address: Templars Square, Between Towns Road  

Officer recommendation:

The Committee is recommended to:

a)    approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission subject to:

The satisfactory completion of a legal agreement under s.106 of the Town and Country Planning Act 1990 and other enabling powers to secure the planning obligations set out in the recommended heads of terms which are set out in this report; and

b)   Agree to delegate authority to the Head of Planning & Regulatory Services to:

1.    Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning & Regulatory Services considers reasonably necessary;

2.    Finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in this report, including refining, adding to, amending and/or deleting the obligations detailed in the heads of terms set out in this report (including to dovetail with and where appropriate, reinforce the final conditions and informatives to be attached to the planning permission) as the Head of Planning & Regulatory Services considers reasonably necessary; and

3.    Complete the section 106 legal agreement referred to above and issue the planning permission.

The Committee considered an application for planning permission for a mixed use phased development comprising residential (Use Class C3), hotel (Use Class C1), retail (Use Class A1/A3/A4) with associated car parking, demolition of car park, high level walkway and public house, public realm improvements, landscaping, highways and refurbishment of car parks and enhancement to shopping centre entrances. (amended information) (amended plans) at Templars Square, Between Towns Road 

The Planning Officer recommended and the Committee agreed on 3 additional conditions:

·         Phasing plan for development, develop site D and F car parks then on completion demolition old car park site A.

·         Residential management plan to manage deliveries and parking

·         Car park management regime to secure arrangement for the church and ArkT

Steven Sensecall spoke on behalf of OPT and Councillor Andrew Gant spoke on behalf of ArkT in his capacity as Trustee.

Jamie Whitefield representing the applicant spoke in support of the application, and then he, Nick Diment, Mike Lampard, Harry Flaxman and Martin Hughes (also representing the applicant) answered questions from the Committee.

In coming to their decision the Committee considered the planning officer’s report including summaries of applicable policies and comments from statutory consultees and the public; the officer’s presentation; the speakers’ comments; and answers to questions asked of officers and the applicant and his team.

The Committee asked questions and noted in answer, including but not restricted to

·         parking for ArkT and the Baptist Church – arrangements will be made to issue permanent permits to, or make a similar suitable concessionary arrangement for, church attendees and those at ArkT who required them;

·         Councillor Gant on behalf of ArkT was happy with this solution;

·         on fire safety in the blocks, a sprinkler system was already included in the plans, they had an evacuation procedure which was compliant with fire safety and the building exterior is made of brick with no cladding and they will continue to work with the Fire Service and Building Control.

The Committee discussed their concerns and the merits of the scheme, including but not restricted to:

·         23% of affordable house in the scheme was significantly below the 50% set out in policy but given the marginal viability and the overall benefits of the scheme was not of itself grounds to refuse an otherwise satisfactory scheme;

·         Councillors were concerned that there was not enough cycle parking would be provided for visitors to the centre; asked if that could be increased; and noted that his would be raised with the County Council;

·         there were concerns about the detailed layout of cycle lanes around the development, and councillors asked if these could those be considered again by the County Council as the scheme progressed;

·         Councillors agreed to add an informative to secure a degree of public consultation on the improvements to the John Allen public park;

·         the Planning Officer proposed and the Committee agreed that ward councillors should be given an opportunity to comment on the construction management plans.

The Committee resolved to:

a)    approve the application 16/03006/FUL for the reasons given in the report and subject to the 48 required planning conditions set out in section 12 of this report and 3 extra conditions and 2 informatives (listed below for completeness); and

b)    grant planning permission subject to the satisfactory completion of a legal agreement under s.106 of the Town and Country Planning Act 1990 and other enabling powers to secure the planning obligations set out in the recommended heads of terms which are set out in this report; and

c)    delegate authority to the Head of Planning and Regulatory Services to:

1.    finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning & Regulatory Services considers reasonably necessary;

2.    finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in this report, including refining, adding to, amending and/or deleting the obligations detailed in the heads of terms set out in this report (including to dovetail with and where appropriate, reinforce the final conditions and informatives to be attached to the planning permission) as the Head of Planning & Regulatory Services considers reasonably necessary; and

3.    complete the section 106 legal agreement referred to above and issue the planning permission.

Summary form of conditions and informatives to be included on the decision notice:

Conditions

1. Time Limit for commencement.
2. Plans – in accordance with approved plans.
3. Materials – samples agree prior each phase of construction (Excluding demolition).
4. Archaeology – WSI.
5. Biodiversity – measures for wildlife.
6. Demolition Method Statement for Site A & Nelson PH – details to be submitted prior commencement.
7. Construction Environmental Management Plan.
8. Sustainability – in accordance with Energy Statement approved.
9. Sustainability – Further details of CHP.
10. Revised Drainage Strategy – including SUDs measures further details, prior construction excl. demolition.
11. SUDs Maintenance Plan – prior occupation.
12. Piling method statement – water infrastructure details.
13. Landscape plan.
14. Landscape – planting carry out after completion of each phase or substantial completion of whole development.
15. Landscape Management Plan.
16. Revised Arboricultural Method Statement AMS.
17. Trees Hard Surfaces – tree roots.
18. Trees Underground Services - tree roots.
19. Trees Pits.
20. Details of boundary treatment / entrance gates prior to occupation/ installation, Site A.

21. Travel Plan – prior to occupation.

22. Road Construction, Surface and Layout.

23. Residential Cycle Parking Provision.

24. Hotel Cycle Parking Provision.

25. Car Parking Signage/Guidance System.

26. Swept Path Drawings.

27. Plan of Disabled Car Parking for Site D & Hotel.

28. Construction Traffic Management Plan – details prior to commencement.

29. Public Realm and highway works (full details, materials, Implementation).

30. Contamination – Watching brief as approved.

31. Contamination – Remediation Strategy prior occupation.

32. Contamination – Validation Report prior occupation.

33. Architectural Recording of buildings to be demolished.

34. Commercial Units – restrict use A1/A3/A4.

35. Details of shop fronts.

36. Waste refuse & bin storage – further details prior to substantial completion.

37. Community Employment Plan.

38. Ventilation  - carpark, Site A.

39. Electric Vehicles charging points (residential).
40. Electric Vehicles (Commercial).
41. Construction Environmental Management Plan.
42. Noise – residential (internal).
43. Noise – mechanical extraction/ plant.
44. A3/ A4 use extraction/ plant – further details required - prior to proposal being brought into use.
45. Details of wayfinding and street furniture (inc totem).
46. Details of CCTV.
47. Details of External Lighting.
48. Public Art Strategy.

49. Phasing plan for development, develop site D and F car parks then on completion demolition old car park site A.

50. Residential management plan to manage deliveries and parking

51. Car park management regime to secure arrangement for the church and ArkT

Informatives

1.    There should be an appropriate public consultation on the improvements to the John Allen public park

2.    Ward councillors and the public should be given the opportunity to comment on the construction management plan (conditions 7 and 28) details prior to their agreement.