Agenda item

Item	Application	Proposal and Applicant	Ward	Decision
A5	08/0866/OUT	Comprehensive redevelopment comprising a retail led mixed used scheme to include demolition of existing buildings and associated structures, the demolition of all residential dwellings, the closure and alteration of highways, engineering works and construction of new buildings and structures to provide, retail, restaurants, cafes, workshop, rehearsal space and residential accommodation, together with ancillary and associated development including new pedestrian link bridge and entranced pedestrian routes and open spaces, car parking and vehicular access and servicing facilities for Centros Lancaster LP	BULK WARD	A(P)(106)

 

The Assistant Development Control Manager introduced officers and consultants, and gave a brief introduction to the report, advising that this was an outline application, and precise building dimensions were yet to be determined.

 

Under the Scheme of Public Participation, the following speakers were registered to speak in opposition to the applications, as follows:

 

Jon Sear, Jacqueline Skinner, Emilie Secker (representing It’s Our City).
William Palin (representing SAVE Britain’s Heritage), Jo Guiver, 
Johnny Meadowcroft, Max Hertzberg (Director of Seeds for Change Lancaster Ltd), Jennifer Lauruol, Bob McKittrick, Matt Wilson, Sue de Lecea (on behalf of herself and Paul Smith), Ian Wilson, Andy Yuille,  David Bannister, Jonathan Brooks, Tiki Hurley, Lilian Cadoux, David Jennings, Aurora Trujillo, Rhiannon Westphal, Tim Hamilton-Cox, Cal Giles, Billy Pye (representing It’s Our City), Peter Jackson (from Lancaster Orthodontic Clinic), Corina Redmore

 

Under the Scheme of Public Participation, the following speakers were registered to speak in support of the applications as follows:

 

Jenny Greenhalgh, Richard Trevitt, Michael Hardy (Chairman of The Footlights), Howard Dodgson, Martin Widden (representing the Civic Society), John Braithwaite, (representing the Civic Society), Julian Stephenson from Montagu Evans (representing Centros) , Steve Bryson, Director of Halogen (representing Centros), Mark Anders from 3D Reid (representing Centros),  Paul Stocker from Mayer Brown (representing Centros), David Lewis (representing Centros)

 

Where transcripts have been provided, these are attached at Appendix A (pages 1 to 31).

 

The meeting was adjourned for lunch at 12.20 p.m., midway through the public representations.

 

The meeting was reconvened at 12.50 p.m.

 

Following public representations, each proposal was looked at and considered in detail. 

 

A comfort break was taken at 2.35 p.m.

 

The meeting was reconvened at 2.47 p.m.

 

The Forward Planning Managed advised on policy statements and key issues.

 

The meeting concluded at 4.00 p.m. and the remaining items of business were carried forward for consideration at the meeting scheduled to take place on Tuesday, 14^th October 2008, commencing at 10.00 a.m., at Lancaster Town Hall.

 

The Chairman advised the meeting that because of the quasi-judicial nature of the Committee, there should be no communication between members of the public and the Committee.

 

 

	Planning and Highways Regulatory Committee
10.00 a.m.		14thOctober 2008

 

 

PRESENT:	Councillors Roger Dennison (Chairman), Eileen Blamire (Vice-Chairman), June Ashworth (substitute for Joyce Taylor (for the commencement of the meeting only)), Ken Brown, Abbott Bryning, Keith Budden, Anne Chapman, John Day, Sheila Denwood, Mike Greenall, Helen Helme, Val Histed, Ian McCulloch (substitute for Andrew Kay), Joyce Pritchard, Bob Roe, Peter Robinson, Sylvia Rogerson, Roger Sherlock, Catriona Stamp and Morgwn Trolinger (substitute for Emily Heath)
	Apologies for Absence:
	Councillors Emily Heath, Andrew Kay and Joyce Taylor
	Officers in Attendance;
	Heather McManus	Corporate Director (Regeneration)
	Mark Cassidy	Assistant Development Control Manager
	David Lawson	Forward Planning Manager
	Angela Parkinson	Senior Solicitor
	Consultants:
	Keith Nutter	Retail
	Dominic Mullen	Transport
	Duncan Laxen	Air Quality
	Nick Howard and Martin Brownjohn	Environmental Health
	Stephen Gardner	Heritage and Conservation

 

At the commencement of the meeting, Councillor Ashworth declared a personal and prejudicial interest in the applications for consideration, being a member of the Duke’s Board, and left the meeting.

 

The Assistant Development Control Manager gave a detailed presentation on the heritage, cultural, residential and financial matters.

 

A comfort break was taken at 11.06 a.m.

 

The meeting was reconvened at 11.36 a.m.

 

The Chairman advised that to ensure clarity and so that specific areas of concern could be covered in detail, questions be categorised into groups:  site layout; new buildings; transport; air quality; environmental matters; historic environment; any other questions (including financial contributions).

 

Consultants, Keith Nutter (Retail), Dominic Mullen (Transport), Duncan Laxen (Air Quality), Nick Howard (Environmental Health) and Stephen Gardner (Heritage and Conservation) answered questions on their specialisms.

 

The meeting was adjourned mid-way through questions for lunch at 1.00 p.m.

 

The meeting was reconvened at 1.30 p.m.

 

Following lunch, questions continued.

 

Following completion of questions, a comfort break was taken at 3.00 p.m.

 

The meeting reconvened at 3.10 p.m.

 

The Chairman requested proposals.

 

It was proposed by Councillor Chapman and seconded by Councillor Stamp:

 

“That outline planning permission be refused for the following reasons:

 

1.         Impact on the existing town centre.

2.         Impact on the retail centres in surrounding towns.

3.         Impact of traffic within the city centre and surrounding residential areas.

4.         Impact on the character and appearance of Lancaster city centre Conservation Area

5.         Impact on the city centre Air Quality Management Area

6.         Impact on the character and appearance of Lancaster

7.         Impact on the Biological Heritage Site

8.         Lack of provision of cycle routes across the site.”

 

There followed a debate, at the conclusion of which a recorded vote was requested, in accordance with Council Procedure Rule 19.4.  The votes were recorded as follows:

 

For the proposition:

 

Councillors Chapman, McCulloch, Stamp and Trolinger.

 

Against the proposition:

 

Councillors Dennison, Blamire, Brown, Bryning, Budden, Day, Denwood, Greenall, Helme, Histed, Pritchard, Robinson, Roe, Rogerson and Sherlock.

 

With 4 Members voting for the proposition and 15 against, the Chairman declared the proposal lost.

 

It was then moved by Councillor Blamire and seconded by Councillor Helme:

 

“That outline planning permission be approved.”

 

Representations were made in support of the proposition by Councillors Blamire and Helme.

 

An amendment was then proposed by Councillor Chapman and seconded by Councillor McCulloch:

 

“That outline planning permission be approved, subject to the following conditions:

 

1.         That a cycle route be provided through the development from Edward Street to Seymour Road and the extension to Phoenix Street

2.         That there be a £150,000 contribution to town centre management

3.         That there be a £5,000 contribution for litter-picking along the canal

4.         That a cycle contraflow be provided on the upper one-way section on Bulk Road

5.         That the time period be reduced from 5 years to 4 years

 

Following an explanation of the effect of this in planning terms by the Assistant Development Control Manager and advice from the Senior Solicitor on the planning and legal implications of such an intended decision should the decision go to appeal, Members voted on the proposal.

 

For the proposition:

 

Councillors Dennison, Blamire, Bryning, Chapman, Denwood, McCulloch, Stamp and Trolinger.

 

Against the proposition:

 

Councillors Brown, Budden, Day, Greenall, Helme, Histed, Pritchard, Robinson, Roe, Rogerson and Sherlock.

 

With 8 Members voting for and 11 Members against, the Chairman declared the proposal lost.

 

Members then voted on the substantive motion as follows:

 

For the proposition:

 

Councillors Dennison, Blamire, Brown, Bryning, Budden, Day, Denwood, Greenall, Helme, Histed, Prichard, Robinson, Roe, Rogerson and Sherlock.

 

Against the proposition:

 

Councillors Chapman, McCulloch, Stamp and Trolinger.

 

With 15 Members voting for the proposition and 4 against, the Chairman declared the proposal carried.

 

Resolved:

 

That outline planning permission be approved, subject to

 

(1)        Referral to the Secretary of State

 

(2)        The signing of a Section 106 Planning Agreement based upon the heads of terms submitted, the measures to be as discussed under the Planning Obligations paragraphs of the Officer’s report.

 

(3)        The signing of a Section 278 Highway Agreement relating to the Highway and Transportation measures identified, as follows:

 

1.                  The submitted changes to Parliament Street/Greyhound Bridge/Bulk Road signalised junction providing additional capacity for all users and upgrading pedestrian facilities to a toucan crossing.

 

2.                  The submitted changes to Parliament Street between Greyhound Bridge and Skerton Bridge proving additional capacity for all highway users.

 

3.                  The submitted changes to Parliament Street/Skerton Bridge/Kingsway signalised junction providing additional capacity for all users, bus priority and facilities for pedestrians.

 

4.                  The submitted changes to Kingsway.

 

5.                  The submitted changes to Kingsway/Caton Road/Bulk Road signalised junction providing additional capacity and facilities for pedestrians.

 

6.                  The submitted changes to Bulk Road/Factory Hill/St.Leornard’s Gate priority junction including capacity reduction.

 

7.                  Realignment of Bulk Road between the Factory Hill junction and the junction with the new link road. Provision of pedestrian/cycle facilities.

 

8.                  The provision of the new link road between Bulk Road and St. Leornard’s Gate with pedestrian footway and cycle link.

 

9.                  Submitted changes to Bulk Road/Caton Road signalised junction providing dedicated left turn lane and providing access to the new link road.

 

10.              Slight realignment of Bulk Road between Caton Road and Parliament Street and the provision of a cycle link.

 

11.              Submitted changes to St. Leonard’s Gate including realigning a short length, slight changes to:

 

·         the priority junction with Phoenix Street,

·         an existing development access,

·         pedestrian facilities (toucan crossing).

 

            Provision of:

 

·         access/egress to the development car park and service yard,

·         traffic calming measures, cycle link and

·         a layby.

 

12.              Submitted changes to Alfred Street/St. Leonard’s Gate junction with traffic calming measures and a cycle link.

 

13.              Submitted changes to Alfred Street including traffic calming measures not included in item 12, provision of: 

 

·         an access to the residential development car park,

·         parking facilities/small parking lay-bys for existing and proposed residential units,

·         pedestrian facilities,

·         cycle link,

·         vehicle turning area and a combined pedestrian/cycle link to the canal.

 

14.              Submitted (slight) changes to St. Leonard’s Gate, Stonewell priority junction including traffic calming measures.

 

15.              Submitted (slight) changes to Stonewell. Pedestrian facilities to be upgraded to a Toucan crossing with a suitable footway width to satisfy demand.

 

16.              Submitted (slight) changes to Stonewell/Moor Lane priority junction.

 

17.              Submitted changes to Moor Lane including slight realignment, provision of

 

·                     a layby,

·                     a number of accesses to the residential development car park and the office car park (all accesses not indicated on CMLANCASTER.1/28).

 

18.              Provision of traffic calming on Bulk Road and a cycle link.

 

19.              Update of the traffic signal SCOOT Regions within the City and modernise the UTC system in Lancaster to be UTMC compliant.

 

20.              Provision of three Variable Message Signs, infrastructure and associated hardware/software.

 

21.              Provision of two CCTV cameras, infrastructure and associated hardware/software. Cameras to monitor traffic movement and provide better network management (incident detection).

 

22.              Review and update Traffic Regulation Orders and road markings in the area and revise as necessary.

 

And to the following conditions, as set out in the report:

 

1.                        Standard outline consent (commencement of development) condition

 

2.                        Submission of Reserved Matters in accordance with the agreed phasing programme

 

3.                        Standard Reserved Matters time limit condition (5 years from date of outline consent)

 

4.                        Detailed plans to accord with Parameter Plans and Parameters Report

 

5.                        Samples of all materials to be submitted and agreed

 

6.                        No demolition to occur until the Reserved Matters have been approved and a contract for the construction of replacement consented buildings is in place

 

7.                        No demolition or works of site clearance to commence until a scheme for the adequate storage (during demolition) and reuse (within the site) of the historic lintel stone, (including door opening and quoins)  and the Moor Lane plaque has been agreed.  Development to accord with these details.

 

8.                        Details of the lighting (including intensity of lighting), boundary treatments (including boundaries to the rooftop screening to the car park), public realm (including floorscape), public art and landscaping proposals for each phase to be submitted to and approved by the LPA.  The works shall then be provided in their entirety prior to first use/occupation of the relevant phase

 

9.                        Standard Arboricultural Implications Assessment condition (including details of new planting within the site and replacement/new planting in Parliament Street and St Leonard’s Gate/Bulk Road)

 

10.                    Standard landscaping maintenance condition

 

11.                    Standard landscaping protection during construction condition (Canalside)

 

12.                    Details of public realm levels and gradients and disabled access to all buildings to be submitted to and approved by the LPA.  The development to be constructed in accordance with these details prior to first use/occupation of the relevant phase

 

13.                    Provision of bridge link prior to first commencement of use of any retail unit within the site

 

14.                    Notwithstanding the detailed plans approved, further evaluation of the horizontal parameters to Block B01 to be agreed prior to construction and following demolition of the outriggers at 127-131 St Leonard’s Gate

 

15.                    Details of all shopfront widths and roof treatments for all retail buildings to be submitted as part of the Reserved Matters

 

16.                    Gross retail comparison floorspace to not exceed 38,000 sq.m, gross retail convenience floorspace to not exceed 5,000 sq.m, and total gross retailing floorspace to not exceed 42,700 sq.m.

 

17.                    Details of the phasing programme, including a Site Demolition Programme, a Site Clearance Programme and a Site Construction Programme have been agreed.  The Site Preparation Plan to include method and details of clearance, demolition, vehicle routing to the site, vehicle wheel cleaning and the proposed temporary closing of any roads or streets.The Site Construction Plan to include method and details of construction, including vehicle routing to the site, construction traffic parking and the proposed temporary closing of any roads or streets.

 

18.                    No commencement of development until a scheme for the construction of all site accesses and the off-site works of highway improvement has been submitted to, and approved by, the LPA in consultation with the Highway Authority. 

 

19.                    No site preparation (including demolition) or construction to commence until works at the Caton Road junction with Bulk Road, temporary traffic calming measures on St. Leonard’s Gate and the new link road (and associated highway/transport works) as agreed with both the LPA and the Highway Authority.

 

20.                    No development to commence until a construction phasing plan including off-site highways works has been submitted for approval by the LPA and the Highway Authority.

 

21.                    Existing coach facilities to remain in use until replacement facilities are fully operational. 

 

22.                    No car parking to be removed until the Temporary Car Parking Strategy to be submitted to and agreed by the LPA and subsequently implemented prior to commencement of work.

 

23.                    No part of the development hereby approved shall be occupied or opened for trading until the approved highway scheme has been constructed and completed in its entirety in accordance with the scheme details. 

 

24.                    Prior to the first use of the development, details of secure, covered cycling parking facilities shall be submitted to and approved by the LPA.  These facilities, and the other cycling measures identified (including provision of new routes) shall be provided in full prior to the first use of the retail development.

 

25.                    Prior to the first use of the development, a Travel Plan has been submitted to, and approved in writing by, the LPA.  Full targets, implementation timescales and monitoring to be agreed and a travel plan co-ordinator to be in post 6 months prior to first occupation.  The approved plan will be audited and updated at intervals as approved.

 

26.                    No construction development to occur until a Car Park Management Strategy has been submitted to, and approved in writing by, the LPA.  The Strategy to include all areas of development related to parking, layout, means of access and egress, maximum duration of stay, car park charging (where appropriate), management details of the car park barrier system and details of onsite parking enforcement . Car park layouts to include the appropriate number of spaces for motorised and non motorised vehicles and user types in accordance with Lancashire’s Parking Standards.  The plan and approved layouts shall be implemented prior to first opening. 

 

27.                    Prior to first use of the development a delivery, collections and servicing strategy shall be submitted to, and approved in writing by, the LPA.  The Strategy to satisfy the requirements as previously indicated.  Deliveries, collections and servicing of any element of the development shall not take place between 7am to 9am and 4pm and 6pm on weekdays, no deliveries to take place at weekends. 

 

28.                    Prior to first use of the development hereby permitted a prescribed Large Vehicle Delivery Route Plan shall be submitted to, and approved in writing by, the LPA. 

 

29.                    Any external source of lighting shall be effectively screened from view of a driver on the public highway.

 

30.                    The full Mitigation Measures listed in the Environmental Statement to be implemented

 

31.                    The Construction Environmental Management Plan to be submitted to and agreed by the LPA and subsequently implemented (and to include a strategy for the recycling and re-use of existing materials where appropriate) prior to commencement of work

 

32.                    The Site Waste Management Plan to be submitted to and agreed by the LPA and subsequently implemented prior to commencement of work

 

33.                    Condition requiring the prior agreement of site hoarding and enclosure details

 

34.                    Standard pile driving condition

 

35.                    Site wheel-washing condition

 

36.                    Standard contaminated land condition

 

37.                    Standard contaminated land (importation of soil, materials and hardcore) condition

 

38.                    Standard contaminated land (prevention of new contamination) condition

 

39.                    Standard contaminated land (bunding of  tanks) condition

 

40.                    Standard soundproofing condition – Musicians’ Co-Operative

 

41.                    Standard hours of construction condition

 

42.                    10% of development’s energy requirements to be generated by on-site renewable technologies, to be agreed with LPA

 

43.                    Details of all ventilation exhausts to be agreed

 

44.                    Standard separate drainage system (and use of sustainable urban drainage systems where appropriate) condition.

 

45.                    Scheme for surface water run-off regulation system to be agreed

 

46.                    No discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways

 

47.                    Details of all waste management, including refuse storage and recycling areas to be agreed.

 

48.                    No construction of development until a programme of archaeological evaluation, including building recording has taken place with the extent to be agreed by the LPA and the County Archaeologist

 

49.                    Arising from the results of the evaluation, an archaeological excavation, recording or a watching brief (as considered necessary by the County Archaeologist) shall be agreed prior to the first construction of development.

 

50.                    No development to commence until a Habitat Creation and Management Plan (using information from within the ‘Lancashire Biodiversity Plan’ as a basis) has been submitted to and approved by the LPA.  The agreed details to be implemented prior to first occupation of the retail development.

 

51.                    Standard mitigation measures for bats condition

 

52.                    Standard breeding birds condition

 

53.                    Standard disposal of Japanese Knotweed condition

 

54.                    Location of precise canalside moorings and all works to the Canal Wall to be agreed with LPA in consultation with British Waterways prior to commencement of development

 

55.                    As required by other consultees