Central South and West Area Committee Strategic Development Control Committee

14 December 2010 22 December 2010.

Application

Numbers: (i): 08/02260/CAC (ii): 08/02261/FUL

Decision Due by: 21 January 2009

Proposals: (i): 08/02260/CAC: Conservation area consent for the

demolition of 4 - 6 Queen Street, 109 - 113 St. Aldates, and buildings to the rear of 114 to 119 St. Aldates and to rear of St. Aldates Tavern and 107 St. Aldates, including taxi offices, Mayor’s garage and former rifle range. (ii): 08/02261/FUL: Erection of new buildings including 14 new retail units (at ground and first floor) with frontages on Queen Street and St Aldates with student accommodation (96 units) and office development above. Refurbishment of 114 -119 St Aldates. Pedestrian accesses, cycle parking and plant rooms. (4 - 6 Queen Street and 107-119 St Aldates)

Site Address: 4 - 6 Queen Street And 107 - 119 St Aldates, Appendix 1.

Ward: Carfax Ward

Agent: John Philips Planning

Consultancy Applicant: CEREP Oxford LP

Recommendations: 1. Central South and West Area Committee is recommended to oppose the

applications for the reasons indicated below. 2. Strategic Development Control Committee is recommended to refuse planning

permission and conservation area consent for the reasons indicated below. 3. In the event however that Strategic Development Control Committee is minded to

support the proposals, it is recommended to defer the applications to receive a further report outlining the conditions and planning obligations which should accompany the grant of planning permission and conservation area consent.

Reasons for Refusal. (i): 08/002260/CAC: The demolitions proposed would be premature in the absence of an approved scheme of redevelopment, failing therefore to preserve or enhance the character and appearance of the Central (University and City) Conservation Area in which they are located, contrary to national policy advice in

Planning Policy Statement No. 5: “Planning and the Historic Environment” (ii): 08/02261/FUL: In the absence of satisfactory arrangements secured to mitigate the impact of the proposed development on the transport network (of all modes), public realm, and other services in the Oxford West End area, the proposals would be unacceptable in planning terms. The planning application is therefore contrary to Government guidance in Circular 5/05, policy WE29 of the adopted West End Area Action Plan 2008, policy CP.2 of the adopted Oxford Local Plan 2001-2016, and emerging policy CSP18 in the Oxford Core Strategy. Principal Policy Framework. Oxford Local Plan 2001-2016: CP1 - Development Proposals CP2 - Planning Obligations CP3 - Limiting the Need to Travel CP5 - Mixed-Use Developments CP6 - Efficient Use of Land & Density CP7 - Urban Design CP8 - Design Development to Relate to its Context CP9 - Creating Successful New Places CP10 - Siting Development to Meet Functional Needs CP11 - Landscape Design CP12 - Designing out Crime CP13 - Accessibility CP14 - Public Art CP15 - Energy Efficiency CP16 - Renewable Energy CP17 - Recycled Materials CP18 - Natural Resource Impact Analysis CP19 - Nuisance CP20 - Lighting CP21 - Noise CP22 - Contaminated Land CP23 - Air Quality Management Areas TR1 - Transport Assessment TR3 - Car Parking Standards TR4 - Pedestrian & Cycle Facilities TR14 - Servicing Arrangements NE10 - Sustainable Drainage NE14 - Water and Sewerage Infrastructure NE17 - Biodiversity NE21 - Species Protection NE23 - Habitat Creation in New Developments HE2 - Archaeology HE3 - Listed Buildings and Their Setting HE7 - Conservation Areas HE9 - High Building Areas HE10 - View Cones of Oxford HS13 - Institutional Student Accommodation

HS14 - Speculative Student Accommodation EC3 - Modernising Existing Employment Sites EC5 - Change of Use of Employment Sites RC1 - Oxford's Retail Hierarchy RC3 - Primary Shopping Frontage RC5 - Secondary Shopping Frontage RC10 - Environmental Improvements - City Centre RC12 - Food & Drinks Outlets Core Strategy - Proposed Changes: CSP1 - Hierarchy of centres CSP2 - Previously developed & greenfield land CSP5 - West End CSP10 - Energy & natural resources CSP13 - Biodiversity CSP14 - Supporting access to new development CSP15 - Supporting city wide movement CSP18 - Infrastructure & Developer contributions CSP19 - Urban design townscape char & historic environment CSP20 - Community safety CSP28 - Sustainable economy CSP32 – Retail Supplementary Planning Documents (SPDs): 1. Natural Resource Impact Analysis (NRIA) (2006). 2. Parking Standards, Transport Assessment and Travel Plans (2007). 3. Planning Obligations (2007) 4. Parking Standards, Transport Assessment and Travel Plans (2007). West End Area Action Plan 2006: WE1 - Public realm WE2 - New links WE3 - Redesign of streets/junctions in W End WE10 - Historic Environment WE12 - Design & construction WE13 - Resource efficiency WE20 - Mixed uses WE23 – Retail WE29 – Streamlined contributions WE30 – Pooled contributions and forward funding National Policy Documents: 1. PPS 1: Delivering Sustainable Development (2005). 2. PPS4: Planning for Sustainable Economic Growth (2009). 3. PPS5: Planning for the Historic Environment (2010). 4. PPG13: Transport (2001). 5. PPS22: Renewable Energy (2004). 6. PPG24: Planning and Noise (1994). Circulars:

Circular 5/05: Planning Obligations Public Consultation. Statutory & Other Consultees. County Council Highways and Traffic; English Heritage Commission; Commission For Architecture & Built Environment; St John Street Area Residents Association; Thames Water Utilities; City Central Police Station; Environment Agency Thames Region; Oxford Market Traders' Association; Oxford Covered Market Tenants' Association; Oxford Civic Society; Oxford Preservation Trust; Oxfordshire Primary Care Trust; Thames Valley Police. Comments Received. A full summary of the public comments received is attached as Appendix 2 to this report. In the main there was support for the development in principle but with concerns expressed about the architecture, materials, relationships to existing buildings and management of the development. A presentation was also made to the West End Design Panel shortly before submission of the planning application, attached now as Appendix 3. In addition to these normal consultation procedures the applicants undertook their own consultation exercise prior to submission in the lead up to the planning application. This consisted of a number of elements. In the first instance individual contact was made with representatives of Oxford Preservation Society (OPT), Oxford Civic Society (OCS), St. Ebbe’s New Developments Residents’ Association (SENDRA) and the St. John’s Residents’ Association, supported by a leaflet drop to 4,000 households and businesses in central Oxford, including every trader in the Covered Market, 43 college bursars and all members of Council. This was supported by a press release and an interview by the applicants’ planning consultant on local radio. Two exhibitions were held at New Road Baptist church when 175 people attended including 9 members of Council. Some 156 people signed the visitor’s book with 98 (including some couples) making comments. A summary of the response to 7 questions put to visitors to the exhibition is attached as Appendix 4, indicating general support for the proposals. Other comments included concerns about the architectural treatment and materials proposed for both Queen Street and St. Aldates; that the development should be more in character with Oxford; that it should contain independent retailers; that the development needed to be more sustainable; and that improvements to the arcade were required in terms of seating, lighting conditions, cycle parking, security etc. There were mixed views as to whether Oxford required more shops or not. (Subsequent to the consultation adjustments were made to the development prior to submission as a planning application - see text). Officers Assessment. Proposals. 1. The applications relate to a site of 0.45 hectares (1.1 acres) in the very heart

of the City to the south and west of Carfax, Appendix 1. It involves substantial demolition and new build in a mixed use development of retail, student accommodation and offices. To the Queen Street frontage 3 properties are

demolished at nos. 4, 5 and 6. To St. Aldates nos. 109 to 113 (St. Aldates Chambers) is demolished in its entirety together with the rear parts of nos. 117 to 119 (currently occupied at ground floor by Blacks outdoor shop) and rear of no. 107 (bookshop, formerly Touchwood Sports). Also demolished are the 001 Taxi offices, Lord Mayor’s garage and former rifle range set behind the St. Aldates frontage and accessed via the archway adjacent to the retained St. Aldates Tavern.

2. The proposals indicate new build and part reuse of buildings to provide a retail

thoroughfare or lane extending from the existing archway access in St. Aldates to emerge at the site of no. 6 Queen Street with a right angled corner near the position of the existing Lord Mayor’s garage. Some 14 shops in total are indicated, 2 fronting directly onto St. Aldates, 11 fronting the new lane, and one with a frontage to both the lane and Queen Street. Five of the shops extend to first floor level and one also to second floor. Two of the shops are larger retail units. Above ground level fronting St. Aldates is the office accommodation which extends to 4 floors above ground on the site of St. Aldates Chambers and 5 floors at nos. 117 to 119 St. Aldates within the retained part of the building with an additional recessed floor at roof level, rising to a height just below that of the adjoining Abbey House at Carfax. A partial basement exists to these structures, accommodating plant to serve the development and a shared cycle store, showers etc for the use of office and retail staff. To the Queen Street frontage the new buildings rise to 3 floors with retail floorspace at upper levels.

3. The new 96 student rooms are centrally located within the development at

second and third floor level with two entry points, each with a small porter’s lodge indicated. The first entrance is via the existing stone archway to the western end of the Abbey Building fronting Queen Street, and the second from inside the lane accessed from St. Aldates. As the lane is intended to be closed outside trading hours, then controlled access to this southern arm of the arcade will be required for students. At second floor level the two arms of the student accommodation are linked via a footbridge over the lane. The accommodation could be occupied by a single institution or two separate ones.

4. The table below sets out how the different elements which make up the

development. The planning application involves over 10,000m2 of new build development, including over 4,000m2 of new build retail development. Some 96 new student study rooms are provided in 3,111 m2 of floorspace.

Existing (m2)

Retained

(m2) Proposed

(m2) New build

(m2) A1 retail 1,900 884 5,907 5,023 A2 prof serv 1,250 0 452 452 A3 food/drink

0 0 330 330

B1 office 6,228 1,214 2,444 1,250 C2 Student units

0 0 3,111 [96 rooms]

3,111 [96 rooms]

TOTAL 9,378 2,098 12,244 10,166 5. The key determining issues in the case are assessed as being:

• planning policy framework; • historical context; • layout, design and built form; • access; • retail impact; • planning obligations / impact upon public realm, transport & other services; • sustainability; and • archaeology.

Summary of Planning Policy Framework. 6. At a national level there are a range of planning policy documents which are

relevant to the proposals and these are listed above. Of particular relevance are PPS 4: “Planning for Sustainable Economic Growth” and PPS 5: “Planning for the Historic Environment”, both of which have been published recently and since the current proposals were submitted.

7. PPS4 seeks to:

• build prosperous communities by improving economic performance; • deliver more sustainable patterns of development; • promote the vitality and viability of town and other centres by focusing

growth at existing centres; • encourage competition; and • protect the historic environment.

8. In setting out the Government’s policies for economic growth the main uses to

which town centre policies apply are indicated to be retail, leisure and entertainment, offices, arts, culture and tourism. Amongst other matters the PPS also sets out the criteria against which planning applications for economic development (including retail developments) should be assessed. These include sustainability, accessibility, design, economic and physical regeneration impact, and impact on local employment. The changes to the retail context of the development are examined in more detail later in this report.

9. In terms of PPS5, as a major redevelopment project the proposals have implications for views within the Central (University and City) Conservation Area in which it is situated, and in the setting of both nearby listed buildings and the wider conservation area. In the PPS the Government has re-affirmed its commitment to the historic environment and its heritage assets which should be conserved and enjoyed for the quality of life they bring to this and future generations. It defines the Historic Environment as meaning all aspects of the environment resulting from the interaction between people and places, and a Heritage Asset as:

“a building, site, place, area or landscape positively identified as having a degree of significance meriting consideration in planning decisions. Heritage assets are the valued components of the historic environment”.

10. The guidance asks that applicants and local planning authorities have sufficient information to understand the significance of a heritage asset and to understand the impacts that any proposal would have. It advises that harmful impacts need to be justified and the greater the harm then the greater the justification needed. When making planning decisions Policy HE7.4 of PPS5 explains that local planning authorities should take into account the desirability of sustaining and enhancing the significance of heritage assets and the positive role that their conservation can make to the establishment and maintenance of sustainable communities and economic viability. The Government recognises however that intelligently managed change may sometimes be necessary if heritage assets are to be maintained for the long term, but also highlights at Policy HE7.5 that it is desirable for development to make a positive contribution.

11. Circular 5/05: Planning Obligations provides national guidance on the use of

Planning Obligations under S106 of the Planning Acts. Planning obligations are used to secure appropriate mitigation measures to any adverse impacts of proposed development; in other words, to make acceptable developments which would otherwise be unacceptable in planning terms.

12. In terms of Oxford therefore the Development Plan now essentially consists of

the “saved” Oxford Local Plan 2005 policies and the West End Area Action Plan (AAP) 2008 which applies to this area. This includes the current application site which is identified for mixed use commercial development. The Core Strategy has recently been to examination with the Inspector’s report awaited. The emerging Core Strategy whilst not yet part of the Development Plan carries significant weight and the principal policies relevant to the current application are listed at the head of this report.

13. Supporting these LDF documents have been a number of Supplementary

Planning Documents (SPDs). These are also listed at the head of this report. Historical Context. 14. Setting the development in its historical context, the nearby Carfax Tower

represents an ancient crossing in the centre of the city which underwent major phases of redevelopment in the late C19th with the development of the Town Hall and widening of roads, and again in the 1930s with the reconstruction of buildings

flanking the crossroads. The northern part of St Aldate’s has a city scale to its buildings, derived from the scale of the Town Hall and the Neo Classical buildings opposite erected during the 1930s. Further south is a more mixed and diverse range with some smaller scale buildings surviving that express earlier origins. Queen Street was largely rebuilt in the C19th and has since undergone further progressive and incremental changes. Its early origins are still evident in the gentle curve of the street, widening in the central section, (it used to be a market street), with narrow plot widths, some of which have been lost or plots combined as a part of C20th changes in retailing. Carfax Tower is the surviving part of St Martin’s Church demolished in the late C19th, and provides a public viewing point over the roof tops of the city centre, and of the proposed development.

15. This part of the city centre contains a range of institutional, commercial and

domestic listed buildings. There are other buildings that also possess architectural or historic interest. Individually they have an identified significance and as a group they contribute to the character and appearance of the Central (University and City) Conservation Area and physical evidence of the development of the city centre through the centuries. The narrow plot widths in Queen Street are important as a reminder of the medieval layout of the city and from which its character and appearance derives and for the most part survives. This plot width generates narrow but tall buildings, and although the buildings have limited architectural or historic merit the dynamic of tall and narrow is important. Of the current buildings proposed to be demolished in these applications, no.6 (Jones shoe shop) is an attractive and characteristically gable frontaged Victorian building on 4 floors with 3 timber sash windows at first and second floor levels and two at third floor. No.5 (Eat) is of poorer quality and flat roofed, whilst No.4 (Swarovski jewellers) is a modern addition set forward of the adjacent Abbey House and displays an unusual elongated and projecting window along its eastern corner edge.

16. There is a grander and more ‘city scale’ to St Aldates which also provides

evidence of changing architectural fashions, which has lead to distinct groups of architectural styles - the C19th eclectic Victorian style of the Town Hall on one side of the street, and Inter War Neo - Classicism on the other. Individually the C20th buildings are not outstanding, but there is an integrity to their scale and mannered presentation to the street that does have value. Of the buildings here the retained nos. 114 to 116 and 117 to 119 are the more decorative and better quality. St. Aldates Chambers lacks the detail and finesse of these buildings and is the poorest of the collection.

17. The views from Carfax Tower have significance, as do the views from street level.

They are public views and look across the application site to Tom Tower and the wooded landscape beyond. The existing roofscape is of mixed quality overall with undistinguished elements within the application site in the foreground. There is an opportunity in these proposals therefore to create more interest in the roofscape.

Layout, Design and Built Form. 18. The central feature to the development is the new lane which although

possessing arched entrances from both St. Aldates and Queen Street, would

be an open thoroughfare, with more in common with the Golden Cross perhaps than the Clarendon Centre which are other retail thoroughfares providing alternative routes around Carfax. The narrow entrances from each of these streets of about 3m and 4m, but widening to 8m at its centre, seek to give intriquing glimpses of the retail shops set within them. The internal elevations to the lane are faced in the main in vertical timber battens, punctuated occasionally by display windows to the upper levels of the retail shops. At higher levels but largely hidden from ground floor views the student accommodation blocks are faced in a raised seam metal roof cladding which extends also over the low pitched roofs. If permission were granted then conditions relating to the precise choice of materials to the lane and the form of shop fronts would be imposed.

19. To Queen Street the rhythm of individual plots still existing in part is

expressed in the proposed architecture to the street where 3 distinct elements are indicated in a contemporary interpretation. At the site of no. 4 Queen Street the elevation is expressed in a simple natural stone form projecting slightly at upper levels and with a single offset window at each of the two upper floors and shallow pitched raised metal seam roof as elsewhere. No. 5 in contrast is faced in simple render, again with two openings above, whilst no.6 above the arched entrance is faced with the vertical timber battens used within the internal street, this time partly concealing two windows above, but providing continuity in the use of materials to the new retail street beyond. Whilst each of these elements is quite different, their scale and detailing and use of materials create variety within a street which is already characterised by variety in built forms and materials, but bound together by the reminder of the narrow plots the street still in part possesses. Officers have concluded these new structures are not harmful to the character of the street and the conservation area in which they are located, and can be supported.

20. To St. Aldates the architecture is in marked contrast and reflects the different

character to this street referred to above. The new building proposed to replace St Aldate’s Chambers has taken its design cue from the existing group of classical buildings, interpreted in a modern idiom. As such there is a clear vertical rhythm set by a pre caste concrete frame within which window openings are encapsulated, and in front of which are of set vertically hung translucent glazed screens providing depth and interest to the facade as well as an element of shading from morning sun. The building is constructed on 4 levels, the third floor being of lightweight construction and set back from the main facade behind a parapet wall, and only partially visible or glimpsed from street level.

21. The retained sections of nos.114 to 116 and nos. 117 to 119 adjacent and to the

north are of superior architectural quality to St. Aldates Chambers and are also proposed to possess additional lightweight floors at roof level, extending this building to 5 floors above ground, consistent with the numbers of floors to the taller Abbey House to the north but allowing the roofline of this collection of buildings to reduce as the ground falls away in height from north to south along the street. Whilst this does result in an intrusion of 3.2 to 3.4m above the Carfax height set in policy HE 9 on high buildings, in view of the scaling down of buildings along the street and their limited visibility from ground level, Officers

conclude that these additions are not harmful in street views. From high vantage points within the city centre these additions are not generally visible, with the exception of from Carfax Tower where they appear beyond the taller Abbey House in the foreground but do not intrude upon important elements in the view and are not therefore harmful. Similarly in terms of longer distance views from View Cone positions, where this additional height would not be visible.

22. At roof level the long, flat and unrelieved roofline of St. Aldates Chambers and the

smaller flat roof to the rear of nos.117 to 119 are both removed in these proposals and replaced by a series of nine asymmetrical pyramidal roofs to the student accommodation. I doing so again there are intrusions beyond the Carfax height limits, though still lower than adjacent buildings such as Abbey House and the Town Hall. The tallest of the intrusions is some 2.2m above Carfax, the lowest 1.7m, with each of the 9 raised metal seamed roof structures topped by a single lantern at its apex in the form of a 1m upstand. The form of this roof structure adds visual interest when seen from Carfax Tower by replacing ugly flat roofs with structures which add to the views rather than detract from them whilst not interrupting important elements either in the foreground or beyond. These new roof structures would not generally be visible from street level, high vantage points within the city or longer distance views other than the merest glimpse perhaps. Again therefore, although the letter of policy HE9 may be breached, the outcome is not harmful but rather an improvement to the sweep of the city skyline when viewed from Carfax.

23. Overall the buildings to be demolished have limited significance whilst the

proposed development offers the opportunity to retain the better quality buildings, add to them and create new ‘lanes’ within the space behind. There are public benefits to be derived from the demolitions of St. Aldates Chambers, in retaining the front sections of nos. 114 to 116 and nos.117 to 119, and in the improvements to the roofscape when viewed from Carfax Tower. In sum Officers take the view that the demolitions proposed and the new structures proposed in replacement are justified and supportable.

Access. 24. The site is located within the West End area, and is considered within the

context of the adopted West End Area Action Plan. The key strand of the AAP is that the renaissance of the area will be considered holistically, and not dealt with in a piecemeal process.

25. The proposed development is a major development within the core of the City

centre. The scheme will involve a huge intensification of the use of the site, with over 10,000m2 of new build floorspace, including over 3,500m2 of additional retail floorspace, 96 new student rooms, and only a small reduction in the amount of office floorspace. Key issues are how, and what, are the impacts of the new occupiers / shoppers of the proposed development, and how will they access the site by walking, cycling and public transport, as well as the private car.

26. Located at the heart of the city in a tight urban context, no facilities are

provided on site for either public parking or servicing. Rather some 37 private car parking spaces located around St. Aldates Chambers, New Inn Yard and at 001 Taxis are deleted. In terms of vehicular traffic drawn to the site, the deletion of these spaces and the movements associated with the taxi business are welcomed. So too is the creation of an alternative pedestrian route connecting the two streets and reducing pedestrian movements along the congested section of St. Aldates where the footway has also to accommodate several bus stops. The provision of 48 cycle parking spaces for the student accommodation, 138 for employees of the offices and retail shops and 20 for general public use is at or in excess of the standards set out in the Local Plan for additional cycle provision, in view of the existing demand at this point in the city, some further public cycle parking in particular would have been beneficial.

27. The applicant has submitted a Transport Assessment (TA) which considers

the site in isolation, contrary to the approach of the adopted development plan. The Planning Authority also has some fundamental concerns about the methodology and findings of that document and as such the document remains contested.

28. The County Council as the Local Highway Authority has stated that the applicant

has argued that this development, taken in isolation, would be acceptable in planning terms with a much lower S106 contribution than is being sought by the West End Partnership. Whether or not this is the case, the fundamental principle established in the West End Area Action Plan is that development and mitigation in the West End will not be considered in isolation as that would lead to a substantial infrastructure shortfall because none of the developments would – individually – generate a scale of impact that would trigger this infrastructure. This shortfall would have to made up by public funds, which is not appropriate when the infrastructure would not have been required without the developments and the developments will benefit directly from the infrastructure in terms of property values and footfall.

29. The County Council has also stated that the St Aldates development has many

features that are welcome in transport terms. However, the same will be true of many other developments in the West End. This does not alter the fact that the West End is an area of major change where the cumulative impacts of the developments envisaged will have profound impacts on travel patterns and demand in Oxford. These impacts must be properly supported by infrastructure and this cannot be achieved by taking a piecemeal approach that ignores the wider planning context.

30. On detailed matters, since the application was submitted bus stops have been

reallocated within St. Aldates as part of the County Council’s Transform Oxford initiative. If planning permission was granted, then temporary arrangements for their relocation may be required for the construction period. A Construction Travel Plan would also be required, agreeing routing arrangements for delivery vehicles etc and bussing in arrangements for construction workers. On completion all servicing would have to be on street via Queen Street in a similar fashion to existing retail premises there, and

confined to the same loading hours restrictions. As access to the development would not be possible by private car, then no Travel Plan would be required in this instance.

Retail Impact. 31. As indicated above, in 2009 DCLG published PPS4: “Planning for Sustainable

Economic Growth”. It set out the Government’s policies for economic development, including development within Class B business, public and community uses and main town centre uses. In terms of retailing, one of the key changes from previous advice is the introduction of greater competition by the removal of the “needs” test, and the greater use instead of a revised “impact” assessment but with the continued use of the “sequential test” in site selection. The advice in PPS4 is split into 2 sections: plan making policies and development management policies. Key features are the importance of a robust evidence base, and the presumption in favour of existing centres identified as part of an up to date development plan. If alternative sites are put forward outside established centres, then they would need to satisfy the “sequential test” that no other sequentially preferable sites are available, and a “significant adverse impact” test that other established centres are not adversely affected. The current application site is clearly within the heart of the city centre and the Primary Shopping Area. As such it is the most sequentially preferable location. St. Aldates remains a site identified within the adopted West End AAP for mixed use development, and in particular for retailing.

32. The Council’s commissioned Oxford Retail Needs Study (ORNS) of 2004 had

identified considerable demand from operators for additional floorspace in Oxford, and an imbalance in the demand for, and supply of, retail floorspace within the city centre. These features were all indicative of the limited supply of floorspace available and high level of occupier demand, leading to ”overtrading”. Increasing the overall supply of floorspace would address the shortage, reduce rentals overall and thus offer more opportunities for independent retailers to either relocate or to be attracted to Oxford.

33. In March 2008 the ORNS was updated and concluded that several drivers for

change could significantly affect future retail provision in Oxford. A range of factors was considered including the tightening of credit and the economic downturn generally which could lower growth in retail expenditure and therefore the need for additional non - food floorspace. The 2008 ORNS assumed a growth rate in future non food retail sales of between 3.0% and 3.5% per annum. Translated into floorspace that could be supported this produces a level of need for 6,350 sq m of non food retail floorspace by 2013 or 10,325 sq m by 2016 in addition to the current development and the Westgate redevelopment which are regarded as commitments. Even if these floorspace figures of need were considered to be optimistic, bearing in mind the existing unmet demand described above, then the additional 3,540 sq m of additional floorspace proposed in this planning application can be accommodated.

34. In terms of trade diversion from other centres, there would be no adverse

impact on the rest of the city centre as projected growth in expenditure generally would more than offset trade diverted to these retail units. District centres within the city would be less affected still as these centres perform a rather different and supporting function in the local retail hierarchy, with traders here unlikely for example to relocate to the development. In some small way the development would also claw back trade lost to other competing towns which have expanded their retail offer in recent times.

35. In identifying the site for redevelopment in the West End AAP with retail uses

at ground floor and mixed uses above, some loss of office accommodation has been accepted.

Planning Obligations / Impact On Public Realm, Transport & Other Services. 36. Background to the Streamlined Contributions in the West End .The adopted West

End Area Action Plan (AAP) of June 2008 sets out a mechanism for assessing the impact of new development expected across the West End area, and establishes that each development should contribute its share to the mitigation costs of the overall impact. The West End is an area of major change where the cumulative impact of the development envisaged will have a profound impact on travel patterns and demand in Oxford. These impacts must be properly supported by infrastructure and this cannot be achieved by taking a piecemeal approach that ignores the planning context.

37. Section 6 and Appendix 8 of the AAP deal with Streamlined Contributions. The

streamlined procedure for calculating planning obligations has been established to ensure certainty, fairness and speed, and to ensure that the infrastructure needs created by new development in the West End are met. There are a number of principles which are set out in the AAP to guide this: • streamlined contributions to be based upon an assessment of the

infrastructure needs created by new development across the West End as a whole;

• single sums to be collected from each development and pooled towards the cost of West End infrastructure;

• a Supplementary Planning Document will set out a single figure for each unit of housing / student accommodation and for each 100 m2 of floorspace in other uses;

• streamlined contributions will be sought in addition to any affordable housing provision requirement;

• the sum sought will reflect inflation at the point of determining a planning application;

• the streamlined contributions to be sought from all developments within the West End area other than the two museums planned; and

• contributions towards youth services, CCTV cameras, social and health care will be decided by negotiation. Other measures may also be negotiated in particular circumstances.

38. The AAP envisaged that a Supplementary Planning Document would be

produced that would provide further detail, and states that until the new SPD is produced, the Planning Obligations SPD (adopted April 2007) would be the basis

for most of the calculations. Most standard contributions are as relevant to the West End as to the rest of the City. However the AAP has identified specific public realm and transport improvements essential to the success of the renaissance, and which will help to raise the profile and value of development in the area. Developer contributions will be sought as appropriate towards the provision of these improvement proposals.

39. The AAP does not contain detailed schemes for public realm and transport, but it

does outline where improvements are needed and the sorts of changes that should take place (Appendix 8 of the AAP). These amount to approximately £18.5 million. The AAP is clear that these are current estimates of costs that will be reviewed as depending on the exact design.

40. The Streamlined Contribution will be based on an assessment of the

infrastructure needs created by new development across the West End as a whole. It is not practical for any one development to provide all of the infrastructure needed, therefore, a single sum will be collected from each development and the Streamlined Contributions will be pooled.

41. The AAP sets out the streamlined process for assessing contributions from new

development in the West End area. This will apply a global sum to pay for the various infrastructure requirements of the West End. Having regard to the need created. The global sum is assessed on the size of the proposed development, and the sum is calculated on the following basis: • for new build, on the gross development; • for change of use schemes, on any increased impact of the development

unless it can be shown that the impact of the development is unchanged; and • for development which retains the existing buildings and same uses, on any

net increase in floor space. 42. Calculation of the Additional Public Realm and Transport Costs. As indicated

above, Appendix 8 of the AAP lists twelve public realm schemes (totalling just over £12 million) and five transport schemes (totalling approximately £6.4 million) which are expected to be paid for from developer contributions. Further design work has been done on the public realm and transport infrastructure schemes, and the total cost now amounts to £18,695,000.

43. Initial viability work on the West End indicated that in the current economic climate

seeking to cover the whole of the public realm and transport infrastructure costs would results in developments being unviable.

44. The City Council, in consultation with the County Council, has therefore agreed to

apply a 50% reduction to these figures for the present time as this is the level where the assessment indicated that schemes are viable. This discount will be kept under review in light of changes to the market. With the 50% reduction to the public realm and transport infrastructure costs due to the current economic climate, the total cost is £9,347,500 (see Tables 2 and 3 in Appendix 5 to this report)

45. Apportionment of Costs. It is anticipated that there would be approximately

73,600 m2 of additional non-residential floor space created within the redevelopment of the West End area with 830 residential homes and 450 units of student accommodation (see Table 1 in Appendix 5 for a more detailed breakdown).

46. TRICS data is used (the national accepted standard for trip generation analysis)

as a method of apportionment of the impact on the public realm and transport costs. TRICS covers all transport methods including pedestrians and cyclists. An independent transport consultant (Peter Brett Associates) was used to produce the TRICS information. The expected floor space development type (e.g. A1, A2 B1 etc) was multiplied by the TRICS to provide the number of movements. The reduced cost of the West End public realm and transport infrastructure was then divided by the number of movements to give the total cost per trip. These results were used to calculate how much per 100 m2 each development use class would need to contribute towards mitigating the impact upon infrastructure in the West End.

47. Finally the additional West End public realm and transport infrastructure cost are

added to the standard City-wide S106 planning obligations. This resulted in the Streamlined Contribution figure for the different development types within the West End area (see table 4 in Appendix 5).

48. Details. Table 5 in Appendix 5 sets out the total developer contributions required

for this application, which is calculated to be £1,965,938. The applicant has however only offered to pay £200k (circa 10% of the required amount). The applicant raised 3 points why the global sum was inappropriate. Firstly viability was argued. Secondly that the development would not create the impact that had been assessed because, it was argued, it largely involved changes of use rather than new build. Finally, it was argued that as no SPD had been adopted on Streamlined Contributions, then only the City-wide Planning Obligations SPD should apply. These are dealt with in turn.

49. Firstly the City Council with the support of the West End Partnership appointed

external consultants CR Richard Ellis (CBRE) to assess the viability of the scheme. During the assessment CBRE worked closely with the applicant to agree a number of the inputs and variables. CBRE concluded that the development was able to make the Streamlined Contribution which was being sought by the City Council, and remain viable. This assessment has been shown to and discussed with the applicant.

50. Secondly the West End Area Action Plan indicates that where there is an existing

building, and it is demolished, and replaced by ‘new build’ then the streamlined contribution will be applied to the gross development. Where the building remains, and there is a change of use, then the impact of the two use classes will be assessed to determine the change in impact. This is something which was discussed at some length at the examination into the West End Area Action Plan, and the Inspector added some words in her report to emphasise the point. The

applicant’s agent was part of that debate. The applicant now would like the City Council to consider the whole development as a change of use, rather than new build. However the local planning authority’s approach has the weight of the development plan, and is therefore the appropriate way to apply the policy. It must be born in mind that the majority of the West End area will be subject to demolition and new build. Therefore the only appropriate way to consider, and apply the global sum in a proportionate way is to apply the methodology which was agreed by the Inspector in the AAP.

51. Finally, the applicant has argued that until a Supplementary Planning Document

(SPD) on Streamlined Contributions is adopted, they would only offer what is required by the adopted City-wide Planning Obligations SPD. However, the adopted AAP states that while the Streamlined Contributions amount ‘in later years’ will be set out in a SPD, Policy WE29 is clear that until that time the global sum will be calculated on a site-by-site basis. This is exactly what the City Council has done. The applicant has been advised how the impact on public realm and transport infrastructure of the new development across the West End has been calculated. The scale of the new development expected across the area has also been provided to the applicant. The applicant has also been told about the logic of using TRICS data as an appropriate method to assess the impact of the different use types in a proportionate way. This transparent method of assessing the impact of the development is considered appropriate.

52. The applicant has argued that this development, taken in isolation, would be

acceptable in planning terms with a much lower S106 contribution than is being sought by the City and County Councils (the West End Partnership). However, officers argue that the fundamental principle established in the West End Area Action Plan (and accepted by the Inspector) is that streamlined contributions are to be based upon an assessment of the infrastructure needs created by new development across the West End as a whole. Thus it is not appropriate to consider a development and its related mitigation taken in isolation.

53. In coming to the conclusions about the impact of the proposed development

within the West End area, the City Council places significant emphasis upon the adopted West End AAP, and the adopted Planning Obligations SPD. These have helped to inform a calculation of the impacts of the proposed development, with up to date costing of the public realm and transport infrastructure. This is apportioned in a transparent fashion, based upon a nationally recognised figures.

54. Planning legislation is clear, planning permission should not be granted for

development where any adverse impacts cannot be adequately mitigated. S106 contributions are taken ‘to make acceptable development which would otherwise be unacceptable in planning terms’. The impact of this case cannot be adequately mitigated by the offer of the contribution from the applicant. As a result, planning permission should not be granted.

Sustainability. 55. A sustainability report and Natural Resource Impact Analysis (NRIA) are

submitted with the planning application. The NRIA considers the sustainability credentials of the development under the headings of energy efficiency, renewable energy, materials and water resources. Under renewable energy the minimum score of 1 point is achieved whilst all other categories are in excess of the minimum requirements. Overall a score of 8 out of 11 is achieved, well in excess of the minimum of 6.

56. In terms of specific measures, high levels of energy efficiency are achieved by

insulation and air tightness in excess of the requirements of the Building Regulations, whilst low energy lighting would be used throughout with automatic control systems and time switches fitted to common areas, and exterior lighting provided with movement detectors. A biomass heating system would provide 20% of energy requirements from renewable sources, with the potential to connect into any future West End district heating system. Materials would be sourced locally wherever possible with timber from sustainable sources. Low flush WCs and low flow appliances for sinks, hand basins would be used throughout with rainwater reused for use within toilets for the office accommodation.

57. Sited within the heart of the city in close proximity to University colleges and

readily accessible by public transport and cycling, the development is located at a highly sustainable location.

Archaeology. 58. The application site is of archaeological interest as it lies at the centre of the

Saxon and Medieval town on the principal axis of St. Aldates and Queen Street. The application site is part of an historic town block that is likely to have been occupied and utilised over a period of 1000 years. The site also lies on the edge of the Oxford gravel terrace that preserves an extensive Neolithic / Bronze Age ritual / funerary landscape. Several archaeological interventions of Saxon and Medieval deposits border the site with two Medieval halls, (Gloucester Hall and Hinxey Hall), located to the western part of the plot. A 13th century crypt has previously been recorded on the adjacent Post Office site whilst the St. Aldates frontage plots contain the sites of at least 2 Medieval Inns.

59. In the event of planning permission being granted it is recommended that

below ground archaeology is dealt with by planning conditions requiring trial trenching followed by further excavation as appropriate. It is likely that extensive archaeological remains may survive and would be required to preserved by record, with consequential cost implications for the applicant.

Other Matters. 60. Relationship to 38, 39 and 40 Pembroke Street. During the course of public

consultation comments were received from or on behalf of 38, 39 and 40

Pembroke Street which back onto the application site. Nos. 38 and 39, unusually, are private houses within that street owned by Christ Church, whilst no. 40 forms part of St. Aldates Church Parish Rooms. Each of the two houses has a small enclosed rear garden backing onto what is currently the private car park off New Inn Yard. Each garden is approximately 20m in length. The Parish Rooms have a single storey building to the rear which extends up to the common boundary. The church has aspirations to replace it however with a larger two storey structure in future years on the same or very similar footprint. As currently this would leave a small courtyard area of approximately 60 sq m as the only part of that site not covered by buildings.

61. In the proposed development immediately beyond the boundaries to the rear

gardens of nos. 38 and 39 in what is currently a car park, would be a two storey structure accommodating one of the larger retail units at ground and first floor level. There are no facing windows, though a fire escape route would extend from here. Set back from this two storey element would be the student accommodation at second and third floor level. These student rooms are however drawn some 19m further back from the common boundary with access to a flat roofed area restricted to maintenance access only. Immediately beyond the common boundary with the Parish Rooms student rooms are proposed, but would look out over the end elevation of the existing hall on that site. To avoid any potential for overlooking of the remaining yard on the Parish Rooms site, or indeed any overlooking towards nos. 38 and 39 at an oblique angle, then in the event of permission being granted it is suggested that a condition be imposed requiring the submission of details ensuring window positions are angled to avoid direct views and any loss of privacy. If permission is granted conditions would also be imposed that there be no access to the part of the flat roof of the new development concerned.

62. In response to concerns raised in relation the impact of the new structures on

lighting conditions to these and other properties, the applicants commissioned consultants to examine the relationships, using established British Research Establishment (BRE) guidelines. Although the results indicated that several windows within the Parish Rooms site would experience some reduction in Visible Sky Component (VSC), the daylight levels in each room would not be materially impacted by the development, and daylight levels would remain very good. In terms of nos. 38 and 39 Pembroke Street, as the windows to those properties would be some 20m from the new building, then again lighting conditions to the properties would be little affected, and remain acceptable. Nevertheless there would be some impact in terms of the close proximity of the new structures that they might appear overbearing, particularly when viewed from the garden areas to no. 38 and 39 Pembroke Street. However in view of the tight urban context within which these properties already exist, and their location within the heart of the city where high density development and close physical relationships are to be expected, then these relationships can be accepted. In respect of other properties within close proximity to the development, these are largely if not exclusively commercial buildings where again the new relationships can be accepted.

63. Air Quality. In July 2007 DEFRA published an updated UK Air Quality Strategy

with the aim of improving air quality and reducing health risks. The air pollutants of particular concern are nitrogen dioxide / nitric oxide and fine particulates. Overall road traffic accounts for approximately 52% of the former and 22% of the latter, but with high concentrations in areas of high traffic volumes. In this context the Council has adopted an Air Quality Action Plan for the city centre which in turn has given rise to a Low Emissions Zone (LEZ) which will apply to bus operators in central Oxford from 2014. The LEZ is based on the Euro V emission standard.

64. As part of the supporting information to the planning application, the applicant

has produced an air quality assessment to accompany the submission. The report is dated August 2008. The new development would increase the height of buildings fronting St. Aldates compared to now from approximately 15m to 18m. This additional height has the potential to affect air quality within the street, whilst occupiers of the development would potentially be exposed to increased concentrations of pollutants. The assessment report concluded that forecast concentrations of nitrogen dioxide in St. Aldates would be higher than objectives at ground level, decreasing with height above ground but still above objective levels. These findings were based upon conditions as at summer 2008. Since then there have been important changes in circumstances however, not least the implementation of various transport initiatives by Oxfordshire County Council, namely Transform Oxford and the Quality Bus Partnership Scheme.

65. The effect of these initiatives has been to exclude bus stops from Queen

Street whilst concentrating more services into St. Aldates, with consequential improvements to air quality to the former and deterioration to the latter. However these impacts have to be balanced against improvements under way by the gradual introduction of cleaner bus fleets with hybrid engines to Euro V standard; reductions in bus vehicles and vehicle movements overall as part of the Quality Bus Partnership; changes in policy such that bus drivers are required to turn off engines whilst laying over; joint ticketing and pre payment arrangements allowing speedier boarding; and the deletion from the site of 37 car parking spaces and the consequential local car traffic generated. The full impact of these developing initiatives as they roll out is as yet unknown, other than they will clearly improve conditions over time to 2014 when the LEZ will apply to the bus operating companies. It is suggested that if permission is granted, then a condition be imposed requiring additional monitoring on completion of the development and the implementation of any mitigation measures necessary in order to met required standards.

66. Bat Survey. A bat survey of all the buildings within the application site was

undertaken in May 2007. Although there were examples of potential roosting sites within several of the buildings, there was no evidence of actual occupation by bats in any of the buildings surveyed. As the survey was undertaken 3 years ago, and any permission granted would permit implementation for a period of up to 3 years afterwards, then in that eventuality a condition should be imposed requiring a further survey before commencement of development, and a scheme of mitigation agreed if required. Although the development is located within a tightly defined context,

potential nevertheless exists to introduce new habitats such as bird boxes etc if any development proceeds.

Conclusion. 67. The proposals relate to a site identified for mixed use development in the

adopted West End Area Action Plan. The applications propose a mix of demolition and new build and refurbishment to a collection of buildings which make only a limited contribution to the Central Conservation Area and are of modest rather than outstanding quality. Their replacements would enhance rather than harm the character and appearance of the conservation area, both within the streetscene and in terms of the sensitive Oxford skyline. The proposals would also create a significant new shopping street and valuable pedestrian link, extending the shopping area through to St. Aldates and enhancing the retail offer of the city centre. Moreover the student accommodation makes good use of the site and is well located, whilst the removal of private off - street parking is welcomed in line with established policies of parking restraint. As such there is much to commend the proposals.

68. However the development fails to provide adequate mitigation in terms of its

impact upon the transport network by all modes, public realm other services within the Oxford West End. The proposal is therefore unacceptable in planning terms, being contrary to advice in Circular 5/05, policy WE29 of the adopted West End Area Action Plan, policy CP.2 in the adopted Oxford Local Plan 2001-2016, and policy CSP18 in the emerging Oxford Core Strategy 2026. In the absence of such a commitment to appropriate mitigation, officers have no alternative but to recommend refusal of the planning application, and consequentially to the accompanying application for conservation area consent.

Human Rights Act 1998 Officers have considered the implications of the Human Rights Act 1998 in reaching a recommendation to refuse this application. They consider that the interference with the human rights of the applicant under Article 8/Article 1 of Protocol 1 is justifiable and proportionate for the protection of the rights and freedom of others or the control of his/her property in this way is in accordance with the general interest. Section 17 of the Crime and Disorder Act 1998 Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to refuse planning permission officers consider that the proposal will not undermine crime prevention or the promotion of community safety. Background Papers: Applications 08/02260/CAC & 08/02261/FUL.

Contact Officers: Murray Hancock / Mark Jaggard Extension: 2153 / 2161 Date: 3 December 2010